North Dakota Code 50-11.3-02 – Criminal history record investigation – Effect of results
1. An individual may not be licensed or approved as a foster parent or treated as having a home suitable for the adoption of any child other than the individual’s stepchild and a foster care facility that employs or houses an individual may not be licensed or approved, if the individual is the subject of a criminal history record investigation that reveals:
Terms Used In North Dakota Code 50-11.3-02
- Conviction: A judgement of guilt against a criminal defendant.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
a. A felony conviction by a court of competent jurisdiction for criminal conduct involving:
(1) Child abuse or neglect; (2) Domestic violence, as that term is used in chapter 14-07.1; (3) A crime in which a child was a victim, including the creation or distribution of child pornography; or
(4) A crime involving violence, including rape, sexual assault, or murder, but not including other physical assault or battery; b. A felony conviction entered within the past five years by a court of competent jurisdiction for criminal conduct involving:
(1) A crime involving violence not described in subdivision a; (2) Any drug-related offense; or
(3) An attempt, facilitation, solicitation, or conspiracy to commit criminal conduct described in subdivision a; c. A felony conviction entered by a court of competent jurisdiction for criminal conduct described in subdivision b if five years have not elapsed after final discharge or release from any term of probation, parole, or other form of community corrections, without subsequent conviction, unless the individual demonstrates sufficient rehabilitation; or
d. A felony conviction entered by a court of competent jurisdiction for criminal conduct described in subdivision b or a misdemeanor conviction by a court of competent jurisdiction for a crime in which a child was the victim or a crime of violence if the individual is not sufficiently rehabilitated.
2. The department, in accordance with section 50-11-02, may adopt rules, using this section as a minimum requirement, to determine whether to deny or revoke a foster care facility’s license, in accordance with section 50-11-07, if that facility houses or employs an individual who has a criminal record.
3. The department, in accordance with chapter 50-12, may adopt rules, using this section as a minimum requirement, to determine whether an individual or an individual’s home is suitable for the adoption of any child through a child-placing agency.