This text of North Dakota § 50-11.3-01 (Criminal history record investigation required) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Before appointment as a legal guardian under chapter 27-20.1, the individual to be
appointed legal guardian must be subject to an assessment that includes the result of
a criminal history record investigation made under this section. In addition, any adult
living in the household of the individual to be appointed legal guardian must be subject
to a criminal history record investigation made under this section.
2.An individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 shall secure, from a law enforcement agency
or other agency authorized to take fingerprints, two sets of fingerprints and shall
provide all other information necessary to secure state criminal history record
information and a nationwide background check u
Free access — add to your briefcase to read the full text and ask questions with AI
1. Before appointment as a legal guardian under chapter 27-20.1, the individual to be
appointed legal guardian must be subject to an assessment that includes the result of
a criminal history record investigation made under this section. In addition, any adult
living in the household of the individual to be appointed legal guardian must be subject
to a criminal history record investigation made under this section.
2. An individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 shall secure, from a law enforcement agency
or other agency authorized to take fingerprints, two sets of fingerprints and shall
provide all other information necessary to secure state criminal history record
information and a nationwide background check under federal law. Upon a request
made under this section, a law enforcement agency shall take fingerprints of any
individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 and may charge a reasonable fee to offset the
cost of fingerprinting.
3. An individual to be appointed legal guardian or any adult living in that individual's
household as described in subsection 1 shall assure that information obtained under
subsection 2 is provided to the department of health and human services.
4. Upon receipt of all fingerprints and necessary information relating to a criminal history
record investigation, the department of health and human services shall submit those
fingerprints and that information to the bureau of criminal investigation.
5. The bureau of criminal investigation shall request a nationwide background check from
the federal bureau of investigation and, upon receipt of a response, provide the
response of the federal bureau of investigation to the department of health and human
services. The bureau of criminal investigation shall also provide any criminal history
record information that may lawfully be made available under chapter 12-60 to the
department of health and human services. The bureau of criminal investigation may
charge a reasonable fee to offset the cost of providing any criminal history record
information and may require payment of any charge imposed by the federal bureau of
criminal investigation for a nationwide background check.
6. The department of health and human services shall provide an individual to be
appointed legal guardian or any adult living in that individual's household, who
provided the department with information under subsection 2, with any information
received under this section from the bureau of criminal investigation which the
department of health and human services is not prevented by federal law from
disclosing to the individual to be appointed legal guardian or any adult living in that
individual's household.
7. The department of health and human services may adopt emergency rules under this
section without the finding otherwise required under section 28-32-02.
8. A criminal history record investigation completed under this section may be used to
satisfy the criminal history record investigation requirements of sections 50-11-06.8
and 50-12-03.2.