Criminal history record investigation - Fingerprinting required
N.D. Cent. Code § 50-11-06.8
in effect50-11-06.8. Criminal history record investigation - Fingerprinting required
1. Each facility providing foster care for children shall secure, from a law enforcement
agency or any other agency authorized to take fingerprints, two sets of fingerprints and
shall provide all other information necessary to secure state criminal history record
information and a nationwide background check under federal law from:
a. Any individual employed by, or providing care in, the facility; and
b. Any adult living in the facility, but not being provided care in the facility.
2. Each identified relative, at the request by the department, shall secure, from a law
enforcement agency or any other agency authorized to take fingerprints, two sets of
fingerprints and shall provide all other information necessary to secure state criminal
history record information and a nationwide background check under federal law from
the identified relative and any adult living in the home of the identified relative.
3. Each certified family foster home for children provider, at the request of the
department, shall secure from a law enforcement agency or any other agency
authorized to take fingerprints, two sets of fingerprints and shall provide all other
information necessary to secure state criminal history record information and a
nationwide background check under federal law from the certified family foster home
for children provider and any adult living in the home of the certified family foster home
for children provider.
4. The facility, certified family foster home for children provider, or identified relative shall
assure that information obtained under subsections 1, 2, and 3 is provided to the
department.
5. Upon receipt of all fingerprints and necessary information relating to a criminal history
record investigation, the department shall submit the information and fingerprints to the
bureau of criminal investigation. The department shall provide a copy of the state
criminal history record information response received from the bureau of criminal
investigation to the facility, certified family foster home for children provider, identified
relative, public agency, or authorized agent making the request.
6. The bureau of criminal investigation shall request a nationwide background check from
the federal bureau of investigation and, upon receipt of a response, provide the
response of the federal bureau of investigation to the department. The bureau of
criminal investigation also shall provide any criminal history record information that
may lawfully be made available under chapter 12-60 to the department.
7. Upon request by the operators of a facility, employees of a facility, certified family
foster home for children provider, or identified relative, a law enforcement agency shall
take fingerprints of individuals described in this section if the request is made for
purposes of this section.
8. The department shall pay the cost of securing fingerprints, any criminal history record
information made available under chapter 12-60, and a nationwide background check
for each facility providing foster care for children, certified family foster home for
children provider, and identified relative.
9. An agency that takes fingerprints as provided under this section may charge a
reasonable fee to offset the costs of the fingerprinting.
10. Except as provided in sections 50-11-02.4 and 50-11-06.9, the department shall
secure from a law enforcement agency or any other agency authorized to take
fingerprints two sets of fingerprints and all other information necessary to secure state
criminal history record information and a nationwide background check under federal
law from:
a. Any individual employed by, or providing care in, an adult family foster care
facility; and
b. Any adult living in an adult family foster care facility, but not being provided care
in the facility.
11. A criminal history record investigation completed under this section may be used to
satisfy the criminal history record investigation requirements of sections 25-03.2-03,
50-06-01.9, 50-06-01.10, 50-11.3-01, and 50-12-03.2. The federal bureau of
investigation's criminal history record investigation obtained from one criminal history
record investigation purpose may not be reused to satisfy the requirements for another
federal bureau of investigation's criminal history record investigation for a different
purpose.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t50c11.pdf#nameddest=50-11-06p8Fetched: 10/16/2026