North Dakota law sets rules for disability service agencies and group homes

The department may require a provider agency to fix problems and may limit or revoke its license if the agency misses the correction deadline. These rules apply to provider agencies serving people with developmental disabilities. The department may identify corrections when it finds an agency is not following this chapter or department rules. The agency must submit a plan for making the corrections. If it misses the plan’s deadline, the department may issue a restricted license or revoke the license.

The department may buy residential and related services and may establish a host home program. Purchased services may include care, support, treatment, training, and education. Host homes provide out-of-home placement and support. The department may buy services only from money appropriated for that purpose. A host home program may serve only Medicaid-eligible people with developmental disabilities.

Licensed group homes must be allowed in residential zones according to how many people they serve. The zoning rules cover licensed group homes serving people with developmental disabilities. A licensed group home serving six or fewer people must be allowed in a single-family or similar low-density residential zone. A licensed group home serving eight or fewer people must be allowed in a residential area with greater density than single-family zones.

A court may place a provider agency under a receiver’s control to protect clients from a serious threat to their health or safety. These rules concern provider agencies serving people with developmental disabilities. The department may ask a district court for a receiver after revoking an agency’s license or at the operator’s request. The court must find that an existing condition would seriously threaten clients’ health or safety if it continued. A license denial or revocation alone is not enough to support that finding. A receiver may use the agency’s income and assets to keep it operating and address the threat, but may not sell its assets. If the owners choose to close, the receivership ends when clients are safely placed or served elsewhere.