Committee advances bill to revise adoption rules, clarify child-placing agency licensing and fees

At a House Human Services Committee hearing, members voted to give House Bill 1120 a do-pass recommendation as amended. The bill, requested by the Department of Health and Human Services, moves and clarifies multiple provisions in the North Dakota Century Code that govern licensed child-placing agencies, adoption-related compensation and licensing authority.

Kelsey Bliss, licensing unit administrator for Children and Family Services at the North Dakota Department of Health and Human Services, told the committee she appeared "in support of House Bill 1120, which was introduced at the request of the department." Bliss said the agency oversees licensing for four licensed child-placing agencies in North Dakota, including one that provides treatment foster care (Nexus Path Family Healing) and three agencies focused on adoption services.

The bill rearranges language across code sections to reduce duplication and add clarity. Bliss summarized key changes: moving compensation and expense language from one section of Century Code into 50-11-29 (as recodified in the bill) to clarify what constitute "reasonable fees" that an adoptive family may pay on behalf of a birth parent; adding the Department of Health and Human Services as an option to conduct investigations and home studies in conflict-of-interest cases; removing the term "certified" from a suitability provision so short-term certified foster providers can be elevated to full licensure when appropriate; and clarifying grounds and limits for agency license revocation so a single employee’s offense would not automatically justify revoking an entire agency license.

Bliss also said out-of-state child-placing agencies will remain eligible to operate in North Dakota but that the administrative code contains detailed application requirements, including an in-state office and an in-state employee for license eligibility. She told the committee the bill consolidates a false-report provision into the revocation section and repeals an isolated out-of-state licensing provision addressed in administrative rule 750336.

Desiree Sorensen, director of the McKenzie Human Service Zone and vice chair of the North Dakota Association for human service zone directors, testified in support, saying the bill aligns Century Code with updated adoption policies and procedures produced through the state's adoption redesign process.

Christopher Dodson of the North Dakota Catholic Conference also supported the bill but proposed an amendment on living-expense reimbursement timing. Dodson said the prior statutory language limited payment "not for a period longer than 6 weeks following the delivery," but that the relocated language in the draft bill read instead "not to exceed the date of delivery". He said Catholic Charities recommends restoring the six-week period because birth parents often cannot return to work immediately after delivery. Bliss confirmed the department was agreeable to the amendment.

A motion to adopt the Catholic Charities amendment — replacing the relocated language to read "not for a period longer than 6 weeks following delivery" — was put to roll call and passed with all recorded votes in favor. After amendment, Representative Novak moved a do-pass recommendation on House Bill 1120 as amended; the motion was seconded and the committee recorded a unanimous do-pass recommendation (recorded roll-call votes all in the affirmative).

The bill’s changes are largely clerical and intended to align statute with current practice and administrative rules, department witnesses said. Key clarifications in the bill affect prospective adoptive families (financial agreements and allowable reimbursable expenses), birth parents (which expenses can be reimbursed), licensed child-placing agencies (licensing and revocation criteria), and out-of-state agencies seeking to operate in North Dakota.

The committee forwarded the amended bill with a do-pass recommendation and named Representative Dobrevich as the bill carrier. The committee recessed to consider other business.