Child protection assessment - Alternative response assessment - Family services assessment
N.D. Cent. Code § 50-25.1-05
in effect50-25.1-05. Child protection assessment - Alternative response assessment - Family
services assessment.
1. The department or authorized agent, in accordance with rules adopted by the
department, immediately shall initiate a child protection assessment, alternative
response assessment, or family services assessment or cause an assessment, of any
report of child abuse or neglect including, when appropriate, the child protection
assessment, alternative response assessment, or family services assessment of the
home or the residence of the child, any school or child care facility attended by the
child, and the circumstances surrounding the report of abuse or neglect.
2. According to guidelines developed by the department, the department or authorized
agent may initiate an alternative response assessment or family services assessment
if the department or authorized agent determines initiation is appropriate.
3. If the report alleges a violation of a criminal statute involving sexual or physical abuse,
the department or authorized agent shall initiate a child protection assessment by
contacting the law enforcement agency having jurisdiction over the alleged criminal
violation. The department or authorized agent and an appropriate law enforcement
agency shall coordinate the planning and execution of the child protection assessment
and law enforcement investigation efforts to avoid a duplication of factfinding efforts
and multiple interviews. If the law enforcement agency declines to investigate, the
department or authorized agent shall continue the child protection assessment to a
determination.
4. The department, the authorized agent, or the law enforcement agency may:
a. Refer the case to a children's advocacy center for a forensic interview, forensic
medical examination, and other services.
b. Interview, without the consent of a person responsible for the child's welfare, the
alleged abused or neglected child and any other child who currently resides or
who has resided with the person responsible for the child's welfare or the alleged
perpetrator.
c. Conduct the interview at a school, child care facility, or any other place where the
alleged abused or neglected child or other child is found.
5. Except as prohibited under title 42, Code of Federal Regulations, part 2, or title 34,
Code of Federal Regulations, part 99, a medical, dental, or mental health professional,
hospital, medical or mental health facility, health care clinic, or a public or private
school shall disclose to the department or the authorized agent, upon request, the
records of a patient, client, or student. The department, or the authorized agent, shall
limit the request for records to the minimum amount of records necessary to enable a
determination to be made or to support a determination of whether child abuse or
neglect is confirmed, confirmed with unknown subject, or unable to determine to
provide for the protection and treatment of an abused or neglected child.
6. The department shall adopt guidelines for case referrals to a children's advocacy
center. When cases are referred to a children's advocacy center, all interviews of the
alleged abused or neglected child conducted at the children's advocacy center under
this section must be audio-recorded or video-recorded.
7. The department or authorized agent shall complete an evidence-based screening tool
during a child protection assessment or a family services assessment.
8. The department or authorized agent may terminate in process a child protection
assessment upon a determination there is no credible evidence supporting the
reported abuse or neglect occurred.
9. If a report alleges institutional child abuse or neglect involving a public or private
school, the department or the department's authorized agent shall conduct a child
protection assessment. If practical, the department or the department's authorized
agent shall provide notice of the onset of a child protection assessment to the public or
private school. A public or private school may complete an investigation into any
conduct reported or alleged to constitute institutional child abuse or neglect at the
school's institution concurrently with a child protection assessment. If a public or
private school conducts an investigation concurrently with a child protection
assessment, the department or the department's authorized agent and the public or
private school shall coordinate the planning and execution of the child protection
assessment and public or private school investigation efforts to avoid a duplication of
fact finding efforts and multiple interviews if practical.
10. The department or authorized agent shall determine the military status of any
individual subject to an assessment, at the initiation of a child abuse or neglect
assessment. If the department determines an allegation of abuse or neglect involves a
military-affiliated individual, the department shall notify the nearest military installation's
family advocacy program of the allegation and investigation. The military installation is
responsible for reporting the data to the federal department of defense. The
department may develop a memorandum of understanding for use by the human
service zone. For purposes of this subsection:
a. "Military-affiliated individual" means an individual with an active military status and
the individual's dependents.
b. "Military status" includes any branch of the United States military, and the national
guard or reserve.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t50c25-1.pdf#nameddest=50-25p1-05Fetched: 10/16/2026