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HB 1338

AN ACT to create and enact a new subsection to section 50-25.1-05 of the North Dakota Century Code, relating to a determination by the department of health and human services of an individual's military status in child abuse and neglect assessments.

69th Legislative Assembly (2025-26) Introduced by Brad Bekkedahl and 10 co-sponsors

ND HB 1338 requires DHHS to determine military status at intake of child abuse/neglect assessments and notify the nearest military Family Advocacy Program to coordinate support.

Filed with Secretary Of State 03/20
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WeVote Research Nonpartisan
Bill Summary · HB 1338

Summary — HB 1338 (North Dakota, 69th Legislative Assembly)

Main purpose

To require the Department of Health and Human Services (or its authorized agents) to determine whether an individual subject to a child abuse or neglect assessment is military‑affiliated at the start of the assessment and, when appropriate, to notify the nearest military installation’s Family Advocacy Program (FAP) about the allegation and investigation.

Key provisions

  • Adds a new subsection to NDCC § 50‑25.1‑05 requiring the department or an authorized agent to:
    • Determine the military status of any individual subject to a child abuse/neglect assessment at the initiation of the assessment (or “within a reasonable amount of time” in earlier draft language).
    • If the allegation involves a military‑affiliated individual, notify the nearest military installation’s Family Advocacy Program of the allegation and the investigation.
  • Permits the department to develop a memorandum of understanding (MOU) for use by the human service zone to guide coordination with military installations.
  • Assigns responsibility to the military installation for reporting relevant data to the federal Department of Defense (per the bill’s text).
  • Defines terms for purposes of the subsection:
    • “Military‑affiliated individual” — an individual with active military status and that individual’s dependents.
    • “Military status” — includes any branch of the U.S. military and the National Guard or Reserve.

Who is affected

  • North Dakota Department of Health and Human Services (DHHS) and its authorized agents conducting child abuse/neglect assessments.
  • Human service zones that may enter MOUs with military installations.
  • Military installations and their Family Advocacy Programs, which would receive notifications and report data to the Department of Defense.
  • Military‑affiliated individuals (service members and their dependents) who are subjects of child abuse/neglect allegations.
  • Potentially local child welfare partners that coordinate with DHHS or military FAPs.

Procedure / timeline aspects

  • The determination of military status is required at the initiation of the assessment (or within a reasonable time per draft language).
  • Notification to the nearest military FAP must occur when DHHS determines the allegation involves a military‑affiliated individual.
  • The bill authorizes DHHS to develop MOUs to standardize coordination across human service zones.

Legislative status & sponsors

  • Introduced in the House by Representatives M. Ruby, Beltz, Bolinske, J. Olson, D. Johnston, and Klemin; sponsored in the Senate by Senators Bekkedahl, Dever, Lee, Roers, and Wobbema.
  • Committee amendment and substitute were adopted by the Human Services Committee (committee report dated Feb 12, 2025).
  • Reported favorably as substituted and subsequently engrossed.
  • Passage recorded (House: 90–0; Senate: 47–0) and bill was enrolled (certification pages included in legislative record).

Potential impacts and considerations

  • Improves formal coordination between state child welfare assessors and military Family Advocacy Programs, which may assist in case continuity and access to military support services.
  • May impose additional intake/documentation steps for DHHS staff and authorized agents; the bill does not specify dedicated funding or staffing changes.
  • Raises data‑sharing and confidentiality considerations — the bill contemplates MOUs to manage coordination and data flows, but it does not itself detail privacy safeguards or reporting formats.
  • Military installations receive notification and are tasked with federal reporting responsibilities; effect on timelines and caseload management depends on MOU content and operational practice.

Note: No fiscal note for the North Dakota version was provided in the materials reviewed.

Compiled from official sources — confirm details with the bill’s official record.

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