reglab/housing_qa huggingface dataset:
NE Code § 71-1923 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1923 - Voluntary surrender of license.

71-1923.  Voluntary surrender of license.A licensee may voluntarily surrender the license issued under the Child Care Licensing Act at any time, except that the department may refuse to accept a voluntary surrender of a license if the licensee is under investigation or if the department has initiated disciplinary action against the licensee.Source Laws 2004, LB 1005, § 86.
NE Code § 71-1924 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1924 - Children's Residential Facilities and Placing Licensure Act; act, how cited.

71-1924.  Children's Residential Facilities and Placing Licensure Act; act, how cited.Sections 71-1924 to 71-1951 shall be known and may be cited as the Children's Residential Facilities and Placing Licensure Act.Source  Laws 2013, LB265, § 1;  Laws 2019, LB460, § 4.
NE Code § 71-1925 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1925 - Purpose of act.

71-1925.  Purpose of act.The purpose of the Children's Residential Facilities and Placing Licensure Act is to protect the public health and the health, safety, and welfare of children who reside in or who are placed in settings other than the home of their parent or legal guardian by providing for the licensing of residential child-caring agencies and child-placing agencies in the State of Nebraska. The act provides for the development, establishment, and enforcement of basic standards for residential child-caring agencies and child-placing agencies.Source Laws 2013, LB265, § 2.
NE Code § 71-1926 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1926 - Terms, defined.

71-1926.  Terms, defined.For purposes of the Children's Residential Facilities and Placing Licensure Act:(1) Care means the provision of room and board and the exercise of concern and responsibility for the safety and welfare of children on a twenty-four-hour-per-day basis in settings that serve as the out-of-home placement for children;(2) Child means a minor less than nineteen years of age;(3) Child-placing agency means any person other than the parent or legal guardian of a child that receives the child for placement and places or arranges for the placement of a child in a foster family home, adoptive home, residential child-caring agency, or independent living;(4) Department means the Division of Public Health of the Department of Health and Human Services;(5) Director means the Director of Public Health of the Division of Public Health;(6) Person includes bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations; and(7) Residential child-caring agency means a person that provides care for four or more children and that is not a foster family home as defined in section 71-1901.Source Laws 2013, LB265, § 3.Cross References  Room confinement, documentation and reports required, see sections 83-4,125 and 83-4,134.01.
NE Code § 71-1927 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1927 - Residential child-caring agency or child-placing agency; license required; current license holders; how treated.

71-1927.  Residential child-caring agency or child-placing agency; license required; current license holders; how treated.(1) Except as provided in subsection (2) of this section, a residential child-caring agency or child-placing agency shall not be established, operated, or maintained in this state without first obtaining a license issued by the department under the Children's Residential Facilities and Placing Licensure Act. No person shall hold itself out as a residential child-caring agency or child-placing agency or as providing such services unless licensed under the act. The department shall issue a license to a residential child-caring agency or a child-placing agency that satisfies the requirements for licensing under the act.(2) A group home, child-caring agency, or child-placing agency licensed under sections 71-1901 to 71-1906.01 on May 26, 2013, shall be deemed licensed under the Children's Residential Facilities and Placing Licensure Act until the license under such sections expires, and renewal shall be under the act.(3) For purposes of requiring licensure, a residential child-caring agency or child-placing agency does not include an individual licensed as a foster family home under sections 71-1901 to 71-1906.01, a person licensed under the Health Care Facility Licensure Act, a person operating a juvenile detention facility as defined in section 83-4,125, a staff secure youth confinement facility operated by a county, or a person providing only casual care for children at irregular intervals. Such persons may voluntarily apply for a license.Source Laws 2013, LB265, § 4.Cross References  Health Care Facility Licensure Act, see section 71-401.
NE Code § 71-1928 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1928 - Applicant for license or renewal; application; requirements; contents.

71-1928.  Applicant for license or renewal; application; requirements; contents.(1) An applicant for an initial or renewal license to operate a residential child-caring agency or a child-placing agency shall file a written application with the department. To be licensed as a child-placing agency, an applicant must be a corporation, nonprofit corporation, or limited liability company. The application shall be accompanied by the applicable fees under section 71-1929 and shall set forth the full name and address of the agency to be licensed, the full name and address of the owner of the agency, the names of all persons in control of the agency, and additional information as required by the department, including sufficient affirmative evidence of the applicant's ability to comply with rules and regulations adopted and promulgated under the Children's Residential Facilities and Placing Licensure Act and evidence of adequate liability insurance or, if self-insured, of sufficient funds to pay liability claims. The application shall include the applicant's social security number if the applicant is an individual. The social security number shall not be public record and may only be used for administrative purposes.(2) The application shall be signed by:(a) The owner, if the applicant for licensure as a residential child-caring agency is an individual or partnership;(b) Two of its members, if the applicant for licensure as a residential child-caring agency or as a child-placing agency is a limited liability company;(c) Two of its officers who have the authority to bind the corporation to the terms of the application, if the applicant for licensure as a residential child-caring agency or as a child-placing agency is a corporation or a nonprofit corporation; or(d) The head of the governmental unit having jurisdiction over the residential child-caring agency or child-placing agency to be licensed, if the applicant is a governmental unit.Source Laws 2013, LB265, § 5.
NE Code § 71-1928.01 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1928.01 - National criminal history record information check; procedure; cost; background checks.

71-1928.01.  National criminal history record information check; procedure; cost; background checks.(1) Any individual eighteen years of age or older working in a residential child-caring agency shall be required to undergo a national criminal history record information check not less than once during each five-year period that he or she is working in such an agency. The individual shall submit a complete set of his or her fingerprints to the Nebraska State Patrol. The Nebraska State Patrol shall transmit a copy of the individual's fingerprints to the Federal Bureau of Investigation for a national criminal history record information check. The national criminal history record information check shall include information concerning the individual from federal repositories of such information and repositories of such information in other states, if authorized by federal law for use by the Nebraska State Patrol. The Nebraska State Patrol shall issue a report to the department that includes the information collected from the national criminal history record information check concerning the individual. The department shall seek federal funds, if available, to assist residential child-caring agencies and individuals working in a residential child-caring agency with the costs of the fingerprinting and national criminal history record information check. If the department does not receive sufficient federal funds to assist residential child-caring agencies and individuals working in a residential child-caring agency with such costs, then the individual being screened or the residential child-caring agency shall pay the actual cost of the fingerprinting and national criminal history record information check, except that the department may pay all or part of the cost if funding becomes available. The department and the Nebraska State Patrol may adopt and promulgate rules and regulations concerning the costs associated with the fingerprinting and the national criminal history record information check. The department may adopt and promulgate rules and regulations implementing national criminal history record information check requirements for residential child-caring agencies.(2) An individual eighteen years of age or older working in a residential child-caring agency shall also submit to the following background checks not less than once during each five-year period: A search of the following registries, repositories, or databases in the state where the individual resides and each state where the individual resided during the preceding five years:(a) State criminal registries or repositories;(b) State sex offender registries or repositories; and(c) State-based child abuse and neglect registries and databases.Source  Laws 2019, LB460, § 5;  Laws 2020, LB1185, § 5.
NE Code § 71-1929 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1929 - Fees.

71-1929.  Fees.Fees applicable to an applicant for an initial or renewal license under the Children's Residential Facilities and Placing Licensure Act include:(1) A nonrefundable license fee of twenty-five dollars;(2) A nonrefundable renewal license fee of twenty-five dollars;(3) A reinstatement fee of twenty-five dollars if the license has lapsed or has been suspended or revoked; and(4) A duplicate original license fee of ten dollars when a duplicate is requested.Source Laws 2013, LB265, § 6.
NE Code § 71-1930 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1930 - Licenses; expiration date; not transferable or assignable; public inspection and display.

71-1930.  Licenses; expiration date; not transferable or assignable; public inspection and display.(1) Except as otherwise provided in the Children's Residential Facilities and Placing Licensure Act:(a) Licenses issued under the act shall expire on uniform annual dates established by the department specified in rules and regulations; and(b) Licenses shall be issued only for the premises and individuals named in the application and shall not be transferable or assignable.(2) Licenses, license record information, and inspection reports shall be made available by the licensee for public inspection upon request and may be displayed in a conspicuous place on the licensed premises.Source Laws 2013, LB265, § 7.
NE Code § 71-1931 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1931 - Separate license required; duties of licensee.

71-1931.  Separate license required; duties of licensee.(1) An applicant for licensure under the Children's Residential Facilities and Placing Licensure Act shall obtain a separate license for each type of residential child-caring agency or child-placing agency that the applicant seeks to operate. A single license may be issued for a residential child-caring agency operating in separate buildings or structures on the same premises under one management.(2) An applicant for licensure shall obtain a separate license for each type of placement service the applicant seeks to provide. When a child-placing agency has more than one office location, the child-placing agency shall inform the department of each office location and the services provided at each location. A single license may be issued for multiple offices, or the applicant may apply for individual licenses for each office location.Source Laws 2013, LB265, § 8.
NE Code § 71-1932 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1932 - Provisional license; period valid; conversion to regular license.

71-1932.  Provisional license; period valid; conversion to regular license.A provisional license may be issued to an applicant for an initial residential child-caring agency or child-placing agency that substantially complies with requirements for licensure under the Children's Residential Facilities and Placing Licensure Act and the rules and regulations adopted and promulgated under the act if the failure to fully comply with such requirements does not pose a danger to the children residing in or served by the residential child-caring agency or child-placing agency. Such provisional license shall be valid for a period of up to one year, shall not be renewed, and may be converted to a regular license upon a showing that the agency fully complies with the requirements for licensure under the act and rules and regulations.Source Laws 2013, LB265, § 9.
NE Code § 71-1933 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1933 - Inspection by department; inspection report.

71-1933.  Inspection by department; inspection report.The department may inspect or provide for the inspection of residential child-caring agencies or child-placing agencies licensed under the Children's Residential Facilities and Placing Licensure Act in such manner and at such times as provided in rules and regulations adopted and promulgated by the department. The department shall issue an inspection report and provide a copy of the report to the agency within ten working days after the completion of an inspection.Source Laws 2013, LB265, § 10.
NE Code § 71-1934 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1934 - State Fire Marshal; inspection; fee; delegation of authority; department; investigations authorized; delegation of authority.

71-1934.  State Fire Marshal; inspection; fee; delegation of authority; department; investigations authorized; delegation of authority.(1) The department may request the State Fire Marshal to inspect any residential child-caring agency for fire safety under section 81-502. The State Fire Marshal shall assess a fee for such inspection under section 81-505.01 payable by the applicant or licensee. The State Fire Marshal may delegate the authority to make such inspections to qualified local fire prevention personnel under section 81-502.(2) The department may investigate any residential child-caring agency to determine if the place or places to be covered by the license meet standards of sanitation and physical well-being set by the department for the care and protection of the children who may be placed with the residential child-caring agency. The department may delegate this authority to qualified local environmental health personnel.Source Laws 2013, LB265, § 11.
NE Code § 71-1935 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1935 - Inspection report; findings of noncompliance; department; proceedings; letter requesting statement of compliance; contents; failure to correct; additional proceedings.

71-1935.  Inspection report; findings of noncompliance; department; proceedings; letter requesting statement of compliance; contents; failure to correct; additional proceedings.If the inspection report issued under section 71-1933 contains findings of noncompliance by a licensed residential child-caring agency or child-placing agency with any applicable provisions of the Children's Residential Facilities and Placing Licensure Act or rules and regulations adopted and promulgated under the act, the department shall review such findings within twenty working days after such inspection. If the findings are supported by the evidence, the department shall proceed under sections 71-1939 to 71-1946, except that if the findings indicate one or more violations that create no imminent danger of death or serious physical harm and no direct or immediate adverse relationship to the health, safety, or welfare of the children residing in or served by the residential child-caring agency or child-placing agency, the department may send a letter to the agency requesting a statement of compliance. The letter shall include a description of each violation, a request that the residential child-caring agency or child-placing agency submit a statement of compliance within ten working days, and a notice that the department may take further steps if the statement of compliance is not submitted. The statement of compliance shall indicate any steps which have been or will be taken to correct each violation and the period of time estimated to be necessary to correct each violation. If the residential child-caring agency or child-placing agency fails to submit and implement a statement of compliance which indicates a good faith effort to correct the violations, the department may proceed under sections 71-1939 to 71-1946.Source Laws 2013, LB265, § 12.
NE Code § 71-1936 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1936 - Alleged violation of act; complaint; investigation; department; duties; confidentiality; immunity; report.

71-1936.  Alleged violation of act; complaint; investigation; department; duties; confidentiality; immunity; report.(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Children's Residential Facilities and Placing Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints, including complaints of such violations received pursuant to section 28-711, and determine whether to conduct an investigation within five working days after receiving the complaint. In making such determination, the department may consider factors such as:(a) Whether the complaint pertains to a matter within the authority of the department to enforce;(b) Whether the circumstances indicate that a complaint is made in good faith;(c) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;(d) Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify if action is taken; or(e) Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.(2) A complaint submitted to the department shall be confidential. An individual submitting a complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for submitting a complaint or for disclosure of documents, records, or other information to the department.(3) If an investigation is conducted under this section, an investigation report shall be issued within sixty days after the determination is made to conduct the investigation, except that the final investigation report may be issued within ninety days after such determination if an interim report is issued within sixty days after such determination.Source  Laws 2013, LB265, § 13;  Laws 2019, LB59, § 1.
NE Code § 71-1937 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1937 - Licensee; discrimination or retaliation prohibited; cause of action for relief.

71-1937.  Licensee; discrimination or retaliation prohibited; cause of action for relief.Licensees shall not discriminate or retaliate against an individual or the family of an individual residing in, served by, or employed at the residential child-caring agency or child-placing agency who has initiated or participated in any proceeding authorized by the Children's Residential Facilities and Placing Licensure Act or who has presented a complaint or provided information to the administrator of the residential child-caring agency or child-placing agency or the department. Such individual may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.Source Laws 2013, LB265, § 14.
NE Code § 71-1938 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1938 - Emergency; department; powers; order; contents; hearing; order; petition for injunction; other enforcement measures.

71-1938.  Emergency; department; powers; order; contents; hearing; order; petition for injunction; other enforcement measures.(1) Whenever the department finds that an emergency exists requiring immediate action to protect the health, safety, or welfare of a child in a residential child-caring agency or child-placing agency, 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 or placement of children by 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) A copy of the order shall also be mailed to the holder of the license if the holder is not actually involved in the daily operation of the residential child-caring agency or child-placing agency. If the holder of the license is a corporation, a copy of the order shall be sent to the corporation's registered agent.(3) The department may petition the appropriate district court for an injunction whenever there is the belief that any person is violating the Children's Residential Facilities and Placing Licensure Act, an order issued under the act, or any rule or regulation adopted and promulgated under 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. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a residential child-caring agency or a child-placing agency without obtaining a license to do so, without alleging any further or more particular facts concerning the charge.Source Laws 2013, LB265, § 15.
NE Code § 71-1939 (2021)
2021 Nebraska Revised Statutes|Chapter 71 - Public Health and Welfare|71-1939 - Department; deny or refuse renewal of license; grounds.

71-1939.  Department; deny or refuse renewal of license; grounds.The department may deny or refuse to renew a license under the Children's Residential Facilities and Placing Licensure Act to any residential child-caring agency or child-placing agency that fails to meet the requirements for licensure provided in the act or in rules and regulations adopted and promulgated under the act, including:(1) Failing an inspection under section 71-1933;(2) Having had a license revoked within the two-year period preceding application; or(3) Any of the grounds listed in section 71-1940.Source Laws 2013, LB265, § 16.