Fingerprinting not required. 1. Except as provided in section 50-11-06.9, the department shall secure from any individual employed by, or providing care in, a facility providing foster care for adults and any adult living in the facility, but not being provided care in the facility, identifying information other than fingerprints, that is appropriate to accomplish a statewide criminal history record investigation. 2. Fingerprints need not be taken and a nationwide background check need not be made if an individual: a. Has resided continuously in this state for eleven years or since reaching age eighteen, whichever is less; b. Is on active United States military duty or has resided continuously in this state since receiving an honorable discharge; or c. Is excused from providing fingerprints under rules adopted by the department. 3. The department shall verify that sufficient identifying information has been provided. Upon verification, the department shall submit that information to the bureau of criminal investigation. 4. The bureau of criminal investigation shall provide any criminal history record information that may lawfully be made available under chapter 12 -60 to the department. The department shall provide a copy of any response received from the bureau of criminal investigation to the facility. 5. The department shall pay the cost of securing any criminal history record information made available under chapter 12-60 and section 50-11-06.8 for foster home for adults. An agency foster home for adults is responsible for the cost of securing any criminal history record information made available under chapter 12-60 and section 50-11-06.8. 6. The department shall consult with the bureau of criminal investigation to determine the identifying information, other than fingerprints, appropriate to accomplish a statewide criminal history record investigation. 7. The department may adopt emergency rules under this section without the finding otherwise required under section 28-32-02.
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