reglab/housing_qa huggingface dataset:
NE Code § 71-1913 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1913 - Fire and health inspections.

71-1913.  Fire and health inspections.(1) The department may request the State Fire Marshal to inspect any program for fire safety pursuant to section 81-502. The State Fire Marshal shall immediately notify the department whenever he or she delegates authority for such inspections under such section.(2) The department may investigate all facilities and programs of licensed providers of child care programs as defined in section 71-1910 or applicants for licenses to provide such programs to determine if the place or places to be covered by such licenses meet standards of sanitation and physical well-being set by the department for the care and protection of the child or children who may be placed in such facilities and programs. The department may delegate this authority to qualified local environmental health personnel.(3) This section does not apply to school-age child care programs which are licensed pursuant to section 71-1917.Source   Laws 1984, LB 130, § 6;   Laws 1991, LB 836, § 31;   Laws 1995, LB 401, § 34;   Laws 1996, LB 1044, § 589;   Laws 1997, LB 307, § 177;   Laws 1997, LB 622, § 102;  Laws 1999, LB 594, § 53;  Laws 2018, LB1034, § 61.
NE Code § 71-1913.01 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1913.01 - Immunization requirements; record; report.

71-1913.01.  Immunization requirements; record; report.(1) Each program shall require the parent or guardian of each child enrolled in such program to present within thirty days after enrollment and periodically thereafter (a) proof that the child is protected by age-appropriate immunization against measles, mumps, rubella, poliomyelitis, diphtheria, pertussis, tetanus, haemophilus influenzae type B, and invasive pneumococcal disease and such other diseases as the department may from time to time specify based on then current medical and scientific knowledge, (b) certification by a physician, an advanced practice registered nurse practicing under and in accordance with his or her respective certification act, or a physician assistant that immunization is not appropriate for a stated medical reason, or (c) a written statement that the parent or guardian does not wish to have such child so immunized and the reasons therefor. The program shall exclude a child from attendance until such proof, certification, or written statement is provided. At the time the parent or guardian is notified that such information is required, he or she shall be notified in writing of his or her right to submit a certification or written statement pursuant to subdivision (b) or (c) of this subsection.(2) Each program shall keep the written record of immunization, the certification, or the written statement of the parent or guardian. Such record, certification, or statement shall be kept by the program as part of the child's file, shall be available onsite to the department, and shall be filed with the department for review and inspection. Each program shall report to the department by November 1 of each year the status of immunization for children enrolled as of September 30 of that year, and children who have reached kindergarten age and who are enrolled in public or private school need not be included in the report.Source   Laws 1987, LB 472, § 2;   Laws 1992, LB 431, § 6;   Laws 1995, LB 401, § 35;   Laws 1996, LB 414, § 49;   Laws 1996, LB 1044, § 590;   Laws 1998, LB 1073, § 103;  Laws 1999, LB 594, § 54;  Laws 2000, LB 1115, § 70;  Laws 2005, LB 256, § 92;  Laws 2005, LB 301, § 38;  Laws 2007, LB247, § 50;  Laws 2007, LB296, § 500. Cross References   Childhood Vaccine Act, see section 71-526.  School-age children, immunization requirements, see section 79-217 et seq.
NE Code § 71-1913.02 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1913.02 - Immunization reports; audit; deficiencies; duties.

71-1913.02.  Immunization reports; audit; deficiencies; duties.(1) The department shall perform annually a random audit of the reports submitted under section 71-1913.01 to check for compliance with such section on an annual basis and such other audits and inspections as are necessary to prevent the introduction or spread of disease. Audit results shall be reported to the department.(2) If the department discovers noncompliance with section 71-1913.01, the department shall allow a noncomplying program thirty days to correct deficiencies.(3) The department shall develop and provide educational and other materials to programs and the public as may be necessary to implement section 71-1913.01.Source   Laws 1987, LB 472, § 3;   Laws 1995, LB 401, § 36;   Laws 1996, LB 1044, § 591;   Laws 1997, LB 307, § 178;   Laws 1998, LB 1073, § 104;  Laws 1999, LB 594, § 55;  Laws 2005, LB 301, § 39;  Laws 2007, LB296, § 501.
NE Code § 71-1913.03 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1913.03 - Immunization; department; adopt rules and regulations.

71-1913.03.  Immunization; department; adopt rules and regulations.The department shall adopt and promulgate rules and regulations relating to the required levels of protection, using as a guide the recommendations of the American Academy of Pediatrics and the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, Public Health Service, and the methods, manner, and frequency of reporting of each child's immunization status. The department shall furnish each program with copies of such rules and regulations and any other material which will assist in carrying out section 71-1913.01.Source   Laws 1987, LB 472, § 4;   Laws 1992, LB 431, § 7;   Laws 1995, LB 401, § 37;   Laws 1996, LB 1044, § 592;   Laws 1998, LB 1073, § 105;  Laws 2005, LB 301, § 40;  Laws 2007, LB296, § 502.
NE Code § 71-1914 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1914 - Department; serve as coordinating agency; local rules and regulations; report of violation.

71-1914.  Department; serve as coordinating agency; local rules and regulations; report of violation.(1) The department shall be the state's coordinating agency for licensure and regulation of programs in this state in order to (a) provide efficient services pursuant to the Child Care Licensing Act, (b) avoid duplication of services, and (c) prevent an unnecessary number of inspections of any program. The department may request cooperation and assistance from local and state agencies and such agencies shall promptly respond. The extent of an agency's cooperation may be included in the report to the Legislature pursuant to section 43-3402.(2) A city, village, or county may adopt rules, regulations, or ordinances establishing physical well-being and safety standards for programs whether or not the persons providing such programs are subject to licensure under section 71-1911. Such rules, regulations, or ordinances shall be as stringent as or more stringent than the department's rules and regulations for licensees pursuant to the Child Care Licensing Act. The city, village, or county adopting such rules, regulations, or ordinances and the department shall coordinate the inspection and supervision of licensees to avoid duplication of inspections. A city, village, or county shall report any violation of such rules, regulations, or ordinances to the department. The city, village, or county may administer and enforce such rules, regulations, and ordinances. Enforcement of provisions of the Child Care Licensing Act or rules or regulations adopted and promulgated under the act shall be by the department pursuant to sections 71-1919 to 71-1923.Source   Laws 1984, LB 130, § 7;   Laws 1995, LB 401, § 38;   Laws 1997, LB 310, § 11;   Laws 1997, LB 752, § 178;  Laws 2001, LB 213, § 1;  Laws 2004, LB 1005, § 74;  Laws 2006, LB 994, § 100;  Laws 2007, LB296, § 503.
NE Code § 71-1914.01 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1914.01 - Unlicensed child care; investigation.

71-1914.01.  Unlicensed child care; investigation.When the department receives a complaint of allegedly improper unlicensed care, the department shall investigate the claim and shall go to the premises of the alleged unlicensed program to ascertain if child care is being provided there which must be licensed according to the Child Care Licensing Act. If unlicensed child care is occurring in violation of the act, the person providing the unlicensed care shall have thirty days to either become licensed or cease providing unlicensed child care. The department shall visit the program again after such thirty-day period. If the person has not initiated action to become licensed or ceased providing unlicensed child care, the department may involve law enforcement and may proceed under sections 71-1914.02 and 71-1914.03.Source   Laws 1997, LB 310, § 8;  Laws 2004, LB 1005, § 75.
NE Code § 71-1914.02 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1914.02 - Unlicensed child care; restraining order or injunction; department; powers.

71-1914.02.  Unlicensed child care; restraining order or injunction; department; powers.The department may apply for a restraining order or a temporary or permanent injunction against any person violating the Child Care Licensing Act by providing unlicensed child care when a license is required. The district court of the county where the violation is occurring shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.Source   Laws 1997, LB 310, § 9;  Laws 2004, LB 1005, § 76.
NE Code § 71-1914.03 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1914.03 - Unlicensed child care; violations; penalty; county attorney; duties.

71-1914.03.  Unlicensed child care; violations; penalty; county attorney; duties.(1) Any person violating the Child Care Licensing Act by providing unlicensed child care when a license is required is guilty of a Class IV misdemeanor. Each day the violation continues shall be a separate offense.(2) The county attorney of the county in which any provision of unlicensed child care in violation of the act is occurring shall, when notified of such violation by the department or a law enforcement agency, cause appropriate proceedings under subsection (1) of this section to be instituted and pursued in a court of competent jurisdiction.Source   Laws 1997, LB 310, § 10;  Laws 2004, LB 1005, § 77.
NE Code § 71-1915 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1915 - Department; emergency powers; injunction.

71-1915.  Department; emergency powers; injunction.(1) Whenever the department finds that an emergency exists requiring immediate action to protect the physical well-being and safety of a child in a program, the department may, without notice or hearing, issue an order declaring the existence of such an emergency and requiring that such action be taken as the department deems necessary to meet the emergency. The order may include an immediate prohibition on the care of children by the licensee other than children of the licensee. An order under this subsection shall be effective immediately. Any person to whom the order is directed shall comply immediately, and upon application to the department, the person shall be afforded a hearing as soon as possible and not later than ten days after his or her application for the hearing. On the basis of such hearing the department shall continue to enforce such order or rescind or modify it.(2) The department may petition the appropriate district court for an injunction whenever there is the belief that any person is violating the Child Care Licensing Act, an order issued pursuant to the act, or any rule or regulation adopted and promulgated pursuant to the act. It shall be the duty of each county attorney or the Attorney General to whom the department reports a violation to cause appropriate proceedings to be instituted without delay to ensure compliance with the act, rules, regulations, and orders.Source   Laws 1984, LB 130, § 8;   Laws 1987, LB 472, § 5;   Laws 1988, LB 1013, § 3;   Laws 1993, LB 510, § 3;   Laws 1995, LB 401, § 39;   Laws 1997, LB 310, § 12;  Laws 1999, LB 594, § 56;  Laws 2001, LB 213, § 2;  Laws 2004, LB 1005, § 78;  Laws 2007, LB296, § 504.
NE Code § 71-1916 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1916 - Department; administrative procedures.

71-1916.  Department; administrative procedures.(1) The department shall adopt and promulgate such rules and regulations, consistent with the Child Care Licensing Act, as necessary for (a) the proper care and protection of children in programs regulated under the act, (b) the issuance and discipline of licenses, and (c) the proper administration of the act.(2) The department shall adopt and promulgate rules and regulations establishing standards for the physical well-being, safety, and protection of children in programs licensed under the Child Care Licensing Act. Such standards shall insure that the program is providing proper care for and treatment of the children served and that such care and treatment is consistent with the children's physical well-being, safety, and protection. Such standards shall not require the use of any specific instructional materials or affect the contents of any course of instruction which may be offered by a program. The rules and regulations shall contain provisions which encourage the involvement of parents in child care for their children and insure the availability, accessibility, and high quality of services for children.(3) The rules and regulations shall be adopted and promulgated pursuant to the Administrative Procedure Act, except that the department shall hold a public hearing in each geographic area of the state prior to the adoption, amendment, or repeal of any rule or regulation. The department shall review and provide recommendations to the Governor for updating such rules and regulations at least every five years.(4) The rules and regulations applicable to programs required to be licensed under the Child Care Licensing Act do not apply to any program operated or contracted by a public school district and subject to the rules and regulations of the State Department of Education as provided in section 79-1104.(5) Contested cases of the department under the Child Care Licensing Act shall be in accordance with the Administrative Procedure Act.Source   Laws 1984, LB 130, § 9;   Laws 1988, LB 352, § 124;   Laws 1995, LB 401, § 40;   Laws 1997, LB 310, § 13;  Laws 2001, LB 213, § 3;  Laws 2004, LB 1005, § 79;  Laws 2006, LB 994, § 101.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 71-1917 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1917 - School-age child care program; inspections; Department of Health and Human Services; duties.

71-1917.  School-age child care program; inspections; Department of Health and Human Services; duties.(1) For purposes of licensing a school-age child care program, a school-age child care program which operates in an accredited or approved school under the rules and regulations of the State Department of Education shall be deemed to meet the standards of the State Department of Education for the care and protection of children. The Department of Health and Human Services shall provide for inspections of school-age child care programs to determine compliance with this section. If a school-age child care program accepts reimbursement from a state or federal program, the Department of Health and Human Services shall also determine whether the school-age child care program complies with the requirements of the state or federal program for such reimbursement.(2) The Department of Health and Human Services may, in consultation with the State Department of Education, adopt and promulgate rules and regulations as necessary to implement this section.Source Laws 2018, LB1034, § 62.
NE Code § 71-1918 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1918 - Complaint tracking system.

71-1918.  Complaint tracking system.The department shall maintain a complaint tracking system for licensees under the Child Care Licensing Act.Source Laws 2004, LB 1005, § 81.
NE Code § 71-1919 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1919 - License denial; disciplinary action; grounds.

71-1919.  License denial; disciplinary action; grounds.The department may deny the issuance of or take disciplinary action against a license issued under the Child Care Licensing Act on any of the following grounds:(1) Failure to meet or violation of any of the requirements of the Child Care Licensing Act or the rules and regulations adopted and promulgated under the act;(2) Violation of an order of the department under the act;(3) Conviction of, or substantial evidence of committing or permitting, aiding, or abetting another to commit, any unlawful act, including, but not limited to, unlawful acts committed by an applicant or licensee under the act, household members who reside at the place where the program is provided, or employees of the applicant or licensee that involve:(a) Physical abuse of children or vulnerable adults as defined in section 28-371;(b) Endangerment or neglect of children or vulnerable adults;(c) Sexual abuse, sexual assault, or sexual misconduct;(d) Homicide;(e) Use, possession, manufacturing, or distribution of a controlled substance listed in section 28-405;(f) Property crimes, including, but not limited to, fraud, embezzlement, and theft by deception; and(g) Use of a weapon in the commission of an unlawful act;(4) Conduct or practices detrimental to the health or safety of a person served by or employed at the program;(5) Failure to allow an agent or employee of the department access to the program for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the department;(6) Failure to allow state or local inspectors, investigators, or law enforcement officers access to the program for the purposes of investigation necessary to carry out their duties;(7) Failure to meet requirements relating to sanitation, fire safety, and building codes;(8) Failure to comply with or violation of the Medication Aide Act;(9) Failure to file a report of suspected abuse or neglect as required by sections 28-372 and 28-711;(10) Violation of any city, village, or county rules, regulations, or ordinances regulating licensees;(11) Failure to pay fees required under the Child Care Licensing Act; or(12) Failure to comply with the Step Up to Quality Child Care Act.Source  Laws 2004, LB 1005, § 82;  Laws 2007, LB296, § 505;  Laws 2013, LB507, § 16. Cross References   Medication Aide Act, see section 71-6718.  Step Up to Quality Child Care Act, see section 71-1952. Annotations The Legislature has authorized the Department of Health and Human Services to make various rules and regulations necessary for the care and protection of children. That authorization extends to making rules for childcare providers and facilities. Failure to abide by those rules may be cause for discipline against a licensee or the revocation of a license to operate. Marion's v. Nebraska Dept. of Health & Human Servs., 289 Neb. 982, 858 N.W.2d 178 (2015).
NE Code § 71-1920 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1920 - Disciplinary action; types; fines; disposition.

71-1920.  Disciplinary action; types; fines; disposition.(1) The department may impose any one or a combination of the following types of disciplinary action against a license issued under the Child Care Licensing Act:(a) Issue a probationary license;(b) Suspend or revoke a provisional, probationary, or operating license;(c) Impose a civil penalty of up to five dollars per child, based upon the number of children for which the program is authorized to provide child care on the effective date of the finding of violation, for each day the program is in violation;(d) Establish restrictions on new enrollment in the program;(e) Establish restrictions or other limitations on the number of children or the age of the children served in the program; or(f) Establish other restrictions or limitations on the type of service provided by the program.(2) A person who has had a license revoked for any cause other than nonpayment of fees shall not be eligible to reapply for a license for a period of two years.(3) Any fine imposed and unpaid under the Child Care Licensing Act shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the program is located. The department shall, within thirty days after receipt, remit fines to the State Treasurer for credit to the permanent school fund.Source Laws 2004, LB 1005, § 83.
NE Code § 71-1921 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1921 - Disciplinary action; considerations.

71-1921.  Disciplinary action; considerations.(1) In determining what type of disciplinary action to impose, the department shall consider:(a) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to which the provisions of applicable statutes, rules, and regulations were violated;(b) The diligence exercised by the program in identifying or correcting the violation;(c) The degree of cooperation exhibited by the licensee in the identification, disclosure, and correction of the violation;(d) Any previous violations committed by the program; and(e) The financial benefit to the program of committing or continuing the violation.(2) If the licensee fails to correct a violation or to comply with a particular type of disciplinary action, the department may take additional disciplinary action as described in section 71-1920.Source Laws 2004, LB 1005, § 84.
NE Code § 71-1922 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1922 - Denial of license; disciplinary action; notice; final; when.

71-1922.  Denial of license; disciplinary action; notice; final; when.(1) If the department determines to deny the issuance of or take disciplinary action against a license under the Child Care Licensing Act, the department shall send to the applicant or licensee, by certified mail to the address of the applicant or licensee, a notice setting forth the determination, the particular reasons for the determination, including a specific description of the nature of the violation and the statute, rule, regulation, or order violated, and the type of disciplinary action which is pending. A copy of the notice shall also be mailed to the person in charge of the program if the licensee is not actually involved in the daily operation of the program. If the licensee is a corporation, a copy of the notice shall be sent to the corporation's registered agent.(2) The denial or disciplinary action shall become final fifteen days after the mailing of the notice unless the applicant or licensee, within such fifteen-day period, makes a written request for a hearing. The license shall continue in effect until the final order of the department if a hearing is requested. If the department does not receive such request within such fifteen-day period, the action of the department shall be final.Source  Laws 2004, LB 1005, § 85;  Laws 2007, LB296, § 506.