reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1940 - Deny, refuse renewal, or take disciplinary action against license; grounds.

71-1940.
Deny, refuse renewal, or take disciplinary action against license; grounds.
The department may deny, refuse to renew, or take disciplinary action against a license issued under the Children's Residential Facilities and Placing Licensure Act on any of the following grounds:
(1) Failure to meet or violation of any of the requirements of the 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, admission, 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 children's residential care or child-placing services are 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; or
(g) Use of a weapon in the commission of an unlawful act;
(4) Conduct or practices detrimental to the health, safety, or welfare of any individual residing in, served by, or employed at the residential child-caring agency or child-placing agency;
(5) Failure to allow an agent or employee of the department access to the residential child-caring agency or child-placing agency for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the department;
(6) Failure to allow local or state inspectors, investigators, or law enforcement officers access to the residential child-caring agency or child-placing agency 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, resolutions, or ordinances regulating licensees;
(11) A history of misconduct or violations by an applicant or licensee involving children or vulnerable adults;
(12) Violation of the requirements of section 83-4,134.01; or
(13) Violation of any federal, state, or local law involving care of children.
Source
Laws 2013, LB265, § 17;
Laws 2018, LB670, § 15.
Cross References
Medication Aide Act, see section 71-6718.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1941 - License; department; impose disciplinary actions; fine; how treated; recovery.

71-1941.
License; department; impose disciplinary actions; fine; how treated; recovery.
(1) The department may impose any one or a combination of the following types of disciplinary actions against the license of a residential child-caring agency or child-placing agency:
(a) A fine not to exceed ten thousand dollars per violation;
(b) A period of probation not to exceed two years, during which time the residential child-caring agency or child-placing agency may continue to operate under terms and conditions fixed by the order of probation;
(c) Restrictions on new admissions to a residential child-caring agency or acceptance of new referrals by a child-placing agency;
(d) Restrictions or other limitations on the number, gender, or age of children served by the residential child-caring agency or child-placing agency;
(e) Other restrictions or limitations on the type of service provided by the residential child-caring agency or child-placing agency;
(f) Suspension of the license for a period not to exceed three years, during which time the licensee shall not operate a residential child-caring agency or child-placing agency; or
(g) Revocation of the license. A former licensee whose license has been revoked shall not apply for a license for a minimum of two years after the date of revocation.
(2) Any fine imposed and unpaid under the Children's Residential Facilities and Placing Licensure 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 residential child-caring agency or child-placing agency is located. The department shall, within thirty days after receipt, remit fines to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2013, LB265, § 18.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1942 - Disciplinary action; department; considerations.

71-1942.
Disciplinary action; department; considerations.
In determining what type of disciplinary action to impose, the department may consider:
(1) 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;
(2) The reasonableness of the diligence exercised by the licensee in identifying or correcting the violation;
(3) The degree of cooperation exhibited by the licensee in the identification, disclosure, and correction of the violation;
(4) Any previous violations committed by the licensee; and
(5) The financial benefit to the licensee of committing or continuing the violation.
Source
Laws 2013, LB265, § 19.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1943 - Deny, refuse renewal of, or take disciplinary action against license; department; notice; contents; hearing.

71-1943.
Deny, refuse renewal of, or take disciplinary action against license; department; notice; contents; hearing.
(1) Except as provided in section 71-1938, if the department determines to deny, refuse renewal of, or take disciplinary action against a license, the department shall send to the applicant or licensee, by certified mail to the last-known address shown on the records of the department, 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, or regulation violated, and the type of disciplinary action which is pending. The denial, refusal to renew, 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 under section 71-1944.
(2) A copy of the notice in subsection (1) of this section 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 notice shall be sent to the corporation's registered agent.
Source
Laws 2013, LB265, § 20.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1944 - Applicant or licensee; notification to department; failure to notify department; effect.

71-1944.
Applicant or licensee; notification to department; failure to notify department; effect.
(1) Within fifteen days after the mailing of a notice under section 71-1943, an applicant or licensee shall notify the department in writing that the applicant or licensee:
(a) Desires to contest the notice and requests a hearing; or
(b) Does not contest the notice.
(2) If the department does not receive notification within the fifteen-day period, the action of the department shall be final.
Source
Laws 2013, LB265, § 21.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1945 - Applicant or licensee; hearing; procedure; director; decision; contents.

71-1945.
Applicant or licensee; hearing; procedure; director; decision; contents.
(1) If the applicant or licensee requests a hearing under section 71-1944, the department shall hold a hearing and give the applicant or licensee the right to present such evidence as may be proper. On the basis of such evidence, the director shall affirm, modify, or set aside the determination. A copy of such decision setting forth the findings of facts and the particular reasons upon which the decision is based shall be sent by either registered or certified mail to the applicant or licensee.
(2) The procedure governing hearings authorized by this section shall be in accordance with rules and regulations adopted and promulgated by the department. A full and complete record shall be kept of all proceedings. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule and regulation.
Source
Laws 2013, LB265, § 22.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1946 - Decision of department; appeal; procedure.

71-1946.
Decision of department; appeal; procedure.
Any party to a decision of the department under the Children's Residential Facilities and Placing Licensure Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 2013, LB265, § 23.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1947 - Lapsed license; reinstatement; suspension; probation; reinstatement; procedure; hearing; revoked license; revocation period.

71-1947.
Lapsed license; reinstatement; suspension; probation; reinstatement; procedure; hearing; revoked license; revocation period.
(1) A license issued under the Children's Residential Facilities and Placing Licensure Act that has lapsed for nonpayment of fees is eligible for reinstatement at any time by applying to the department and paying the fees as provided in section 71-1929.
(2) A license that has been disciplined by being placed on suspension is eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the fees as provided in section 71-1929.
(3) A license that has been disciplined by being placed on probation is eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the department determines an inspection is warranted.
(4) A license that has been disciplined by being placed on probation or suspension may be reinstated prior to the completion of the term of such probation or suspension as provided in this subsection. Upon petition from a licensee and after consideration of materials submitted with such petition, the director may order an inspection or other investigation of the licensee. On the basis of material submitted by the licensee and the results of any inspection or investigation by the department, the director shall determine whether to grant full reinstatement of the license, to modify the probation or suspension, or to deny the petition for reinstatement. The director's decision shall become final fifteen days after mailing the decision to the licensee unless the licensee requests a hearing within such fifteen-day period. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Any party to the decision shall have a right to judicial review under the Administrative Procedure Act.
(5) A license that has been disciplined by being revoked is not eligible for relicensure until two years after the date of such revocation. An application for an initial license may be made at the end of such two-year period.
Source
Laws 2013, LB265, § 24.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1948 - Voluntary surrender of license.

71-1948.
Voluntary surrender of license.
A licensee may voluntarily surrender a license issued under the Children's Residential Facilities and Placing Licensure 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 2013, LB265, § 25.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1949 - Rules and regulations; contested cases; procedure.

71-1949.
Rules and regulations; contested cases; procedure.
(1) To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe care of children, the department may adopt and promulgate rules and regulations consistent with the Children's Residential Facilities and Placing Licensure Act as necessary for:
(a) The proper care and protection of children in residential child-caring agencies and child-placing agencies regulated under the act;
(b) The issuance, discipline, and reinstatement of licenses; and
(c) The proper administration of the act.
(2) Such rules and regulations shall establish standards for levels of care and services which may include, but are not limited to, supervision and structured activities designed to address the social, emotional, educational, rehabilitative, medical, and physical needs of children residing in or being placed by a residential child-caring agency or child-placing agency and may include the use of community resources to meet the needs of children and qualifications of staff.
(3) Contested cases of the department under the act shall be in accordance with the Administrative Procedure Act.
Source
Laws 2013, LB265, § 26.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1950 - Violations; penalty.

71-1950.
Violations; penalty.
Any person who establishes, operates, or maintains a residential child-caring agency or child-placing agency subject to the Children's Residential Facilities and Placing Licensure Act without first obtaining a license as required under the act or who violates any of the provisions of the act shall be guilty of a Class I misdemeanor. Each day such person operates after a first conviction shall be considered a subsequent offense.
Source
Laws 2013, LB265, § 27.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1951 - Existing rules and regulations, licenses, and proceedings; how treated.

71-1951.
Existing rules and regulations, licenses, and proceedings; how treated.
(1) All rules and regulations adopted and promulgated prior to May 26, 2013, under sections 71-1901 to 71-1906.01 or other statutes amended by Laws 2013, LB265, may continue to be effective under the Children's Residential Facilities and Placing Licensure Act to the extent not in conflict with the act.
(2) All licenses issued prior to May 26, 2013, in accordance with sections 71-1901 to 71-1906.01 or other statutes amended by Laws 2013, LB265, shall remain valid as issued for purposes of the Children's Residential Facilities and Placing Licensure Act unless revoked or otherwise terminated by law.
(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to May 26, 2013, under sections 71-1901 to 71-1906.01 or other statutes amended by Laws 2013, LB265, shall be subject to the provisions of sections 71-1901 to 71-1906.01 or such other statutes as they existed prior to May 26, 2013.
Source
Laws 2013, LB265, § 28.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1952 - Step Up to Quality Child Care Act; act, how cited.

71-1952.
Step Up to Quality Child Care Act; act, how cited.
Sections 71-1952 to 71-1964 shall be known and may be cited as the Step Up to Quality Child Care Act.
Source
Laws 2013, LB507, § 1.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1953 - Purposes of act.

71-1953.
Purposes of act.
The purposes of the Step Up to Quality Child Care Act are to (1) provide accountability for public funds invested in child care and early childhood education programs, (2) provide a path to higher quality for child care and early childhood education programs, (3) provide parents a tool by which to evaluate the quality of child care and early childhood education programs, and (4) improve child development and school readiness outcomes.
Source
Laws 2013, LB507, § 2.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1954 - Terms, defined.

71-1954.
Terms, defined.
For purposes of the Step Up to Quality Child Care Act:
(1) Applicable child care and early childhood education programs include:
(a) Child care programs licensed under the Child Care Licensing Act which serve children from birth to kindergarten-entrance age;
(b) Prekindergarten services and prekindergarten programs established pursuant to section 79-1104; and
(c) The federal Head Start programs, 42 U.S.C. 9831 et seq., and Early Head Start programs, 42 U.S.C. 9840a; and
(2) Fiscal year means the fiscal year of the State of Nebraska.
Source
Laws 2013, LB507, § 3.
Cross References
Child Care Licensing Act, see section 71-1908.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1955 - Quality rating and improvement system; State Department of Education; Department of Health and Human Services; duties.

71-1955.
Quality rating and improvement system; State Department of Education; Department of Health and Human Services; duties.
The State Department of Education and the Department of Health and Human Services shall collaborate (1) to develop, implement, and provide oversight for a quality rating and improvement system for participating applicable child care and early childhood education programs, (2) to establish quality rating criteria for the system as provided in sections 71-1956 and 71-1958, (3) to use the quality rating criteria to assign quality scale ratings to participating applicable child care and early childhood education programs as provided in sections 71-1956 and 71-1958, and (4) to provide incentives and support, including professional development, training, and postsecondary education opportunities, to participating applicable child care and early childhood education programs as provided in section 71-1961.
Source
Laws 2013, LB507, § 4.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1956 - Child care and early childhood education program; rating; quality rating criteria.

71-1956.
Child care and early childhood education program; rating; quality rating criteria.
(1) Each applicable child care and early childhood education program which applies under section 71-1957 to participate in the quality rating and improvement system developed pursuant to section 71-1955 shall be rated on a quality scale using ratings labeled steps one through five and based on quality rating criteria.
(2) Quality rating criteria shall be used to assign a quality scale rating as appropriate for the specific step. The criteria shall include, but not be limited to:
(a) Licensing requirements as specified in the Child Care Licensing Act;
(b) Facility safety and management;
(c) Child development and school readiness outcomes;
(d) Program curriculum, learning environment, and adult-child interactions;
(e) Professional development and training;
(f) Family engagement;
(g) Program administration;
(h) Standards used by nationally recognized accrediting bodies approved by the State Department of Education; and
(i) Other standards as required by the State Department of Education for prekindergarten services and prekindergarten programs established pursuant to section 79-1104 and federal performance standards for Head Start and Early Head Start programs.
Source
Laws 2013, LB507, § 5.
Cross References
Child Care Licensing Act, see section 71-1908.
2023 Nebraska Revised Statutes › Chapter 71 - Public Health and Welfare › 71-1957 - Participation in quality rating and improvement system.

71-1957.
Participation in quality rating and improvement system.
Application to participate in the quality rating and improvement system shall be voluntary for applicable child care and early childhood education programs with the following exceptions:
(1) Beginning July 1, 2014, and not later than December 31, 2014, each applicable child care or early childhood education program that received over five hundred thousand dollars in child care assistance pursuant to section 68-1202 for FY2011-12 shall apply to participate in the quality rating and improvement system and shall be assigned a quality scale rating as provided in sections 71-1956 and 71-1958;
(2) Beginning July 1, 2015, and not later than December 31, 2015, each applicable child care or early childhood education program that received over two hundred fifty thousand dollars in child care assistance pursuant to section 68-1202 for FY2011-12 shall apply to participate in the quality rating and improvement system and shall be assigned a quality scale rating as provided in sections 71-1956 and 71-1958; and
(3) Beginning July 1, 2016, each applicable child care or early childhood education program that received over two hundred fifty thousand dollars in child care assistance pursuant to section 68-1202 in the preceding fiscal year shall, not later than December 31 of the applicable year or six months after actual receipt of such assistance, whichever is later, apply to participate in the quality rating and improvement system and shall be assigned a quality scale rating as provided in sections 71-1956 and 71-1958.
Source
Laws 2013, LB507, § 6.