Licensed or Regulated Child Care Providers

• All child care owners, operators, directors, in-home providers, staff members, and emergency designees, upon hire and at least once every five years thereafter.
• Any individual residing in a home where care is provided who is age 18 and older, upon application, renewal, or upon moving into residence and at least once every five years thereafter.
• Any individual residing in a home where care is provided who is under the age of 18 but assists in providing care to any child in the home.
• Volunteers, support staff, including therapists and extra-curricular programming, that may have unsupervised access to any child in care shall meet the qualifications equivalent to a staff member responsible for caring for or teaching children.
• Board Designees for any child care with a governing board.

Fingerprint-based background checks include all convictions spanning your adult life, and all convictions are reviewed prior to the completion of a background check.

If you have a conviction for any of offenses below you are not eligible for employment in a licensed or regulated Early Childhood Services program.

• Abuse or Neglect of a Child
• Aggravated Assault
• Arson
• Assault
• Assault or Homicide While Fleeing Peace Officer
• Burglary – B Felony
• Child Procurement
• Continuous Sexual Abuse of a Child
• Corruption or Solicitation of Minors
• Domestic Violence
• Drug Related Offense Committed During Preceding 5 years (Felony offenses)
• Facilitating Prostitution
• Gross Sexual Imposition
• Homicide
• Human Trafficking
• Kidnapping
• Luring Minors by Computer or Other Electronic Means
• Murder (18 USC § 1111)
• Promoting Prostitution
• Robbery
• Sexual Performance by Children
• Sexual Imposition
• Sexual Abuse of Wards
• Sexual Assault
• Simple Assault – A Misdemeanor
• Spousal Abuse - Felony
• Terrorizing
   

 If you have a conviction for any of offenses below you are not eligible for employment in a licensed or regulated Early Childhood Services program unless it has been at least 5 years since you completed your sentence. After such period of time, and without subsequent conviction, the department may determine an individual determined rehabilitated.

• Criminal Coercion
• Harassment
• Reckless Endangerment
• Simple Assault – B Misdemeanor
• Stalking

• Background checks in which a child abuse/neglect finding was been made against an individual are reviewed by the CBCU Program Administrator and/or the ECS Program Administrator on a case-by-case basis.  Additional information may be requested for review before a determination of rehabilitation can and/or will be made.
• Failure to disclose involvement in a child abuse/neglect case will results in the processing of your background check being denied.

• Background checks are required prior to licensure and/or employment and at least once every five years thereafter.
  • Five years from the date a background check is completed, not full calendar years.
  • If is recommended to submit a background check renewal at least 90 days prior to the expiration of the existing background check. 

Potential staff, volunteers, therapy providers, including extra-curricular programming, who HAVE NOT lived outside of North Dakota during the past five years may work unsupervised upon qualifying results of the following:

1. A Federal Bureau of Investigation fingerprint-based criminal history record using Next Generation Identification;
2.  A search of the National Crime Information Center's National Sex Offender Registry;
3. ND State criminal history record; and
4.  An in-state search of the following registries, repositories, or databases:
   1. ND State sex offender registry;
   2. ND Offenders Against Children Registry; and
   3. ND Child Abuse and Neglect Index.
5. A search of ND Public Access and MN Court Records websites.

Potential staff, volunteers, therapy providers, including extra-curricular programing, who HAVE lived outside of North Dakota during the past five years may work:

1. SUPERVISED upon qualifying results of the following:
   1. A Federal Bureau of Investigation fingerprint-based criminal history record using Next Generation Identification; or
   2. ND State criminal history record; and
   3. ND Child Abuse and Neglect Index.
2. UNSUPERVISED upon qualifying results of the above in addition to:
   1. A search of the National Crime Information Center's National Sex Offender Registry;
   2. An in-state search of the following registries, repositories, or databases:
      1. ND State sex offender registry;
      2. ND Offenders Against Children Registry; and
      3. ND Child Abuse and Neglect Index.
   3. A search of ND Public Access and MN Court Records websites.
   4. An inter-state search of the following registries, repositories, or database for each state where such staff member resided during the preceding five years:
      1. State criminal record repository;
      2. State sex offender registry; and
      3. State-based child abuse and neglect registry and/or database.

• If an individual who has completed a fingerprint-based background check for one early childhood services program moves to another early childhood services program, the original fingerprint results may be used if the individual has NOT been separated from childcare employment for more than 180 days.
• For child care owners and/or operators (only if transitioning to a staff role for another provider), staff members, emergency designees, and volunteers:
  • To transfer the results, you must complete SFN375 Authorization to Transfer Background Check Results - Early Childhood
  • Submit completed form to:
    • Department of Health and Human Services Criminal Background Check Unit
    • 600 East Boulevard Avenue, Dept. 325 Bismarck, ND 58505-0250
    • Fax: 701-328-0358
    • Email: dhscfscbc@nd.gov
• For therapists and extra-curricular programing:
  • To transfer the results, complete SFN356 Authorization to Transfer Background Check Results - Early Childhood (Therapy Provider)
  • Submit completed form to:
    • Department of Health and Human Services Criminal Background Check Unit
    • 600 East Boulevard Avenue, Dept. 325 Bismarck, ND 58505-0250
    • Fax: 701-328-0358
    • Email: dhscfscbc@nd.gov

No, background check results are not transferrable from State to State.

Yes, a new background check specifically for child care is required.  Per FBI regulations, the results of a fingerprint-based background check can only be used for the purpose intended at the time of fingerprinting. 

Currently, all child care related background checks are paid for by the Department.

1. The Department provides 8 fingerprinting locations throughout the state.  Call to schedule an appointment.

• Bismarck - West Central Human Service Center (701-328-8862)
• Dickinson – Badlands Human Service Center (701-227-7500)
• Devils Lake - Lake Region Human Service Center (701-477-9050)
• Fargo - Vocational Rehabilitation Services (701-298-4623)
• Grand Forks - Northeast Human Service Center (701-795-3000)
• Jamestown - South Central Human Service Center (701-253-6300)
• Minot - North Central Human Service Center (701-857-8500)
• Williston - Northwest Human Service Center (701-774-4600)

You must bring a valid government issued photo ID (driver’s license, state ID, military ID, passport, tribal ID). If you do not have a valid photo ID, you will not be fingerprinted.

• Minors that do not have a driver’s license or state issued photo ID may use a current school photo ID with their birth certificate.
• Minors that do not have a driver’s license, state issued photo ID, or a current school photo ID may use their birth certificate.  A parent must accompany them and present a valid photo ID.

You must bring all your completed authorization forms, including authorization forms or other required items for other states to your appointment.  

2.  Law enforcement agencies, or any other agency that is authorized to conduct fingerprinting.

• You are responsible for paying any fees charged for fingerprinting.
• Contact the agency for days and times they do fingerprinting.
• You must bring a valid photo ID (driver’s license, state ID, military ID, passport, tribal ID). 
  • If you do not have a valid photo ID, you will not be fingerprinted.
• You must bring a blank Fingerprint Identity Verification Form (SFN 836) to be completed by the official that rolls your prints.
• You are responsible for mailing all your authorization forms, authorization forms for other states and fingerprints to the Criminal Background Check Unit in Bismarck.
  • Ink-rolled fingerprints MUST be sealed in an envelope by the official that rolled your prints BEFORE giving you the print cards.