Bill
HB 1072
Public funds may be used only for foster care in licensed, certified, or approved facilities, tightening eligibility and extending oversight on unlicensed or kinship placements.
Status & procedural timeline
- Introduced: November 12, 2024 (House, Human Services Committee; at request of Dept. of Health & Human Services).
- Read 1st time / Referred: March 7, 2025 (to State Affairs).
- Passed both chambers (House vote 92–0; Senate vote 47–0).
- Enacted as Act No. 876 (notification dated April 17, 2025).
- Filed with Secretary of State: March 14, 2025 (administrative entries reflect enrollment/transmittal activity in March–April 2025).
Purpose / intent
- Tighten and clarify statutory requirements governing when public funds may be used to purchase foster care (for children or adults) and to update grounds for denial or revocation of a facility’s foster-care license or certification. The bill emphasizes that public money should be used only for placements in facilities approved by the Department of Health and Human Services and narrows circumstances under which nonfederal funds may be paid to unlicensed caregivers.
Key provisions and changes
1. Use of public funds (amends NDCC § 50-11-03.2)
- Public (state, county, local) funds may be used only for foster care services provided in facilities that are licensed, certified, or approved by the Department. State or local representatives may not arrange or promote care in unapproved facilities. (Exception: homes/institutions under state management/control.)
- Shelter-care reimbursement: Nonfederal funds may be used to reimburse certified shelter‑care placements for up to 7 days. The Department may grant an extension if other placements were diligently pursued and an extension is needed for the child's health/safety or due to unforeseeable circumstances.
- Kinship/unlicensed relative payments: Nonfederal funds may be used for maintenance payments to an identified but unlicensed relative or kinship caregiver for up to 6 months; guardians may receive maintenance payments when a subsidy approval is made by the Department.
Who is affected
- Children and adults receiving foster care paid with public funds.
- Licensed, certified, and approved foster-care facilities and family foster homes.
- Unlicensed identified relatives / kinship caregivers (limits on maintenance payments and duration).
- County, local, and state entities that arrange, pay for, or place individuals in foster care.
- Department of Health and Human Services (enforcement, licensing, extension determinations).
Practical impact
- Increases emphasis on placements in department‑approved settings and limits use of public dollars for unlicensed placements (shorter temporary payment windows).
- Provides clearer statutory authority for the Department to revoke or deny licenses based on recent court removal findings or criminal convictions and to require licensure for longer‑term public funding.
- Affects how agencies and relatives/kinship caregivers plan and document placements, and may increase the urgency to secure licensed placements or pursue licensure/subsidy approvals when relatives provide care.
Effective application
- Changes are codified in NDCC §§ 50‑11‑03.2 and 50‑11‑07 as amended by the Act; the statutory text should be consulted for precise legal language and any cross‑references (e.g., rehabilitation standard at § 12.1‑33‑02.1).
Compiled from official sources — confirm details with the bill’s official record.
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