Criminal history record investigation - Fingerprinting required
N.D. Cent. Code § 25-03.2-04.1
in effect25-03.2-04.1. Criminal history record investigation - Fingerprinting required
1. Each psychiatric residential treatment facility 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 facility operator, and any individual employed by the facility, contracted service
provider of the facility, and nonemployee of the facility, having contact with any child
cared for by the facility.
2. The facility shall assure information obtained under subsection 1 is provided to the
department.
3. 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 or authorized agent making the request.
4. 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.
5. Upon request by the operators of a facility or employees of a facility, a law
enforcement agency shall take fingerprints of individuals described in this section if the
request is made for purposes of this section.
6. 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 psychiatric residential treatment facility for children.
7. An agency that takes fingerprints as provided under this section may charge a
reasonable fee to offset the costs of the fingerprinting.
8. A criminal history record investigation completed under this section may be used to
satisfy the criminal history record investigation requirements of sections 50-06-01.9,
50-06-01.10, 50-11-06.8, 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/t25c03-2.pdf#nameddest=25-03p2-04p1Fetched: 10/16/2026