There has been a change in the federal interpretation of the rule titled "Effect of Conviction on Licensure and Employment," as outlined in the following North Dakota Administrative Code sections:
- 75-03-08-27 Family Rule
- 75-03-09-27 Group Rule
- 75-03-10-27 Center Rule
- 75-03-11-27 Preschool Rule
- 75-03-11.1-27 School Age Rule
Specifically, this change affects item number four in each section, which states:
“The provider shall establish written policies and engage in practices that conform to those policies to effectively implement this section before hiring of any staff members.”
The change in federal interpretation was part of the 2024 Child Care and Development Fund Final Rule which clarifies that the state must make the determination of eligibility for child care staff based on the background check and cannot leave the determination to the child care provider. (§98.43(a)(1)(i)).
What does that mean for you as an HHS licensed child care provider:
- Providers will no longer need a written policy to comply with the rule listed above.
- The rule citation will be removed from N.D.A.C. in the future.
- The background result check memo that providers started receiving Oct. 1, 2025, will show either eligible or not eligible for employment.