Volunteer screening in North Dakota: the complete guide
The statutes that apply, which of your volunteers they reach, which agency runs which check, what organizations here actually get wrong, and the order to do it in.
What makes North Dakota different
North Dakota's economy is driven by agriculture and energy (oil/gas), with a large proportion of volunteers in disaster response (flooding is a recurring emergency), rural community organizations, and faith-based programs. The state has a small population and many child care facilities are family-based, making volunteer screening particularly important in informal care settings. No ban-the-box statute applies to volunteers.
The short version: North Dakota requires criminal background checks for volunteers in child care settings and organizations serving vulnerable populations under NDCC Chapter 50-11.1 and related administrative codes. The Bureau of Criminal Investigation (BCI) processes checks. No broad all-volunteer mandate exists, and the state has no FCRA analog for volunteers.
The statutes, one at a time
These are the laws that create the obligation. Read the citation, not a summary of it, before you build a policy around it.
- 1
Early Childhood Services Background Check Requirement
N.D. Cent. Code § 50-11.1 and N.D. Admin. Code 75-03-08, 75-03-09, 75-03-10
Volunteers in licensed or regulated child care facilities who have unsupervised access to any child in care must meet qualifications equivalent to a paid staff member, including undergoing criminal background checks. Volunteers who have resided outside North Dakota within the past five years must complete an FBI fingerprint-based check via Next Generation Identification.
- 2
Criminal Background Check — Bureau of Criminal Investigation
N.D. Cent. Code § 12-60-24
Authorizes the BCI within the ND Attorney General's Office to conduct criminal history record checks for entities serving children and vulnerable adults, including nonprofit volunteer organizations requesting checks under the National Child Protection Act.
Which of your volunteers this reaches
Run your actual roster against this list. The roles below are where North Dakota's requirements apply; everyone else is a risk decision rather than a legal one.
- Child care volunteers with unsupervised child access
- Volunteers serving children in licensed group, center, and family child care settings
- Out-of-state volunteers in child care (must complete FBI fingerprint check)
- Social work and mental health volunteers (Board of Social Work Examiners guidance)
- Healthcare facility volunteers serving vulnerable adults
Which check, from which agency
North Dakota does not use one check for everything. These are the distinct instruments in play — they search different databases and are not interchangeable.
- State name-based criminal history check via ND BCI
- FBI fingerprint-based check via Next Generation Identification (for out-of-state volunteers and higher-risk roles)
- Child Abuse and Neglect Index check
- Sex offender registry check
Administered by: North Dakota Bureau of Criminal Investigation (BCI) — Office of the Attorney General; North Dakota Department of Health and Human Services (HHS) for child care provider oversight
Typical processing: 7–10 business days for name-based checks; 2–4 weeks for FBI fingerprint checks
What organizations in North Dakota get wrong
These are the specific, local mistakes — the exemption that gets misapplied, the second database nobody runs, the deadline that arrives before anyone has written a policy.
- 1
Any volunteer who has lived outside North Dakota within the last five years must complete an FBI fingerprint check — do not skip this step even for short-term volunteer placements.
- 2
Name-based checks cost $18 and fingerprint checks cost $30 through ND BCI; plan for this expense in your volunteer program budget.
- 3
Process checks before the volunteer begins unsupervised duties — North Dakota's child care rules do not permit a provisional start period for uncleared volunteers with unsupervised child contact.
- 4
Document the check results and retention dates; ND administrative rules require records of background check completion as part of licensing audits.
- 5
Organizations serving Native American populations near reservations may need to coordinate with tribal background check processes in addition to state BCI checks.
The order to do it in
- 1
Write the policy before you screen anyone
Decide which roles require a check, who reviews a result, and who makes the final call — in writing, before you have a result to review. Deciding under pressure with a parent on the phone is how organizations end up with a decision they cannot defend. Our free policy generator will draft one you can edit.
- 2
Sort your roster by unsupervised access, not by job title
The statutes above turn on contact and supervision, not on what a role is called. A "greeter" who walks children to the restroom has unsupervised access; a "coach" who is never alone with anyone may not.
- 3
Match each role to the right instrument
Where North Dakota mandates a specific channel — fingerprint, a named registry, an agency portal — use that channel for that role. Use a broad multi-source check as the baseline for everyone else.
- 4
Collect consent correctly the first time
FCRA requires a standalone written disclosure and a separate written authorization. Bundling either into a volunteer application or a waiver is the single most common compliance defect, and it is the one plaintiffs' lawyers look for.
- 5
Run the check, then follow adverse action if anything surfaces
Pre-adverse notice with a copy of the report and a summary of rights, a reasonable window to dispute, then the final notice. Build the waiting period into your start dates rather than discovering it under pressure.
- 6
Set a re-screen interval and let it run
A clearance describes the day it was run. Most organizations use one to two years; some insurers require annual for roles with unsupervised access to children.
Questions North Dakota organizations ask
Does North Dakota require background checks for all volunteers?
North Dakota requires criminal background checks for volunteers in child care settings and organizations serving vulnerable populations under NDCC Chapter 50-11.1 and related administrative codes. The Bureau of Criminal Investigation (BCI) processes checks. No broad all-volunteer mandate exists, and the state has no FCRA analog for volunteers.
Which of my volunteers does North Dakota law actually reach?
Based on the statutes cited on this page: Child care volunteers with unsupervised child access; Volunteers serving children in licensed group, center, and family child care settings; Out-of-state volunteers in child care (must complete FBI fingerprint check); Social work and mental health volunteers (Board of Social Work Examiners guidance); Healthcare facility volunteers serving vulnerable adults. Those categories are where North Dakota's requirements bite. Volunteers outside them are a policy decision for your organization rather than a statutory one — which does not mean the answer is "skip it", only that the reason to screen is risk management rather than a citation.
Who administers the check in North Dakota?
North Dakota Bureau of Criminal Investigation (BCI) — Office of the Attorney General; North Dakota Department of Health and Human Services (HHS) for child care provider oversight. Typical processing is 7–10 business days for name-based checks; 2–4 weeks for FBI fingerprint checks.
Does a VolunteerBadge check satisfy North Dakota's requirement?
It depends on what your state or licensor mandates, and we would rather be straight with you about it than sell past the question. Our $5 check is a broad, FCRA-compliant multi-source criminal and sex-offender search — an excellent primary screen and, for many volunteer roles, the whole answer. It is not a fingerprint or live-scan check. Where North Dakota specifically mandates a fingerprint-based state or FBI channel for a role, that requirement stands on its own and our check supplements rather than replaces it.
We operate in more than one state. Whose rules apply?
Generally the rules of the state where the volunteer serves, not where your organization is incorporated. Organizations near a border routinely have volunteers under two different regimes at the same event. For North Dakota that most often means Minnesota, Montana, South Dakota. The practical approach is to screen to the strictest standard among the states you operate in, so one process covers all of them.
What happens if we run a check and find something?
That is where federal law takes over from state law. Running background checks makes you a user of consumer reports under the FCRA, so before you decline anyone based on the report you must send a pre-adverse action notice with a copy of the report and a summary of rights, allow a reasonable window to dispute, and only then send the final notice. It is not optional, and it is the step organizations most often miss.
Operating across a North Dakota border?
Volunteers are generally governed by the state where they serve. If your programs cross a line, these are the neighbors you are most likely to need.
General information, not legal advice. We are a consumer reporting agency, not a law firm. The statutes cited above are real and current as of August 21, 2026, but they are amended — and a citation is not a substitute for reading how it applies to your specific program. Confirm with North Dakota Bureau of Criminal Investigation (BCI) — Office of the Attorney General; North Dakota Department of Health and Human Services (HHS) for child care provider oversight, your licensor, your insurer, or your own counsel before relying on any of it. Spot an error? Tell us — we would rather fix it.
Screen your North Dakota volunteers for $5
A broad national criminal search, all 50 state sex-offender registries plus the national registry, and the FCRA disclosure, authorization and adverse-action workflow built in — because step four and step five above are where organizations get into trouble.
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