Criminal history record investigation - Effect of results
N.D. Cent. Code § 50-11.3-02
in effect50-11.3-02. 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:
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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t50c11-3.pdf#nameddest=50-11p3-02Fetched: 10/16/2026