Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 404 - DEVELOPMENTAL DISABILITIES SERVICES › Chapter 4 - CERTIFICATION REQUIREMENTS FOR CERTIFIED PROVIDERS OF SERVICES › Section 404-4-003 - STAFF REQUIREMENTS

Current through June 17, 2024
When recruiting, training, managing, and retaining staff, the
				  provider must:
(1) Recruit, train,
				manage, and retain qualified staff with the skills necessary to meet the needs
				of participants and respond to emergencies;
(2) Comply with the employee verification
				requirements of Neb. Rev. Stat. §
									4-114;
(3) Only hire staff who are at least 18 years
				of age if they will be providing direct services alone;
(4) Obtain a National Criminal background
				check prior to working alone providing direct support to a participant, and
				annually thereafter, on all staff members, and subcontractors, if providing
				direct support to a participant, and, if in provider owned or operated
				residential settings, on household members age 18 and older;
(5) Obtain a check of the Central Registry of
				Child Protection cases and Adult Protective Services prior to working alone
				providing direct support to a participant, and annually thereafter, on all
				staff members, and subcontractors, if providing direct support to a
				participant, and, if in provider owned or operated residential settings, on
				household members age 13 and older;
(6) Obtain a check of the Nebraska State
				Patrol Sex Offender Registry prior to working alone providing direct support to
				a participant, and annually thereafter, on all staff members, and
				subcontractors, if providing direct support to a participant, and, if in
				provider owned or operated residential settings, on household members age 18
				and older; and
(7) Retain results
				of registry or background checks for one year following the termination of the
				staff person's employment.
003.01
EMPLOYEE BACKGROUND CHECKS.
Employees who provide
				direct support services may not work alone with participants until the results
				of the registry checks and the criminal history background checks are reviewed
				by the provider. Background checks cannot be completed more than 180 calendar
				days before the staff person's hire date. Employees listed on the Central Abuse
				and Neglect Registry, Nebraska State Patrol Sex Offender Registry, or who have
				been charged pending disposition or convicted of crimes set forth in this
				chapter may not provide direct support services.
003.02
SPECIFIC
				CRIMES.
The provider must not allow employees or independent
				contractors to work with participants served by the provider when charged
				pending disposition or convicted of a crime:
(1) Against a child or vulnerable
				adult;
(2) Of a nature, duration,
				or pattern that calls into question their regard for the law;
(3) Involving the illegal use, possession, or
				distribution of a controlled substance; or
(4) That, if repeated, could injure or harm a
				participant.
003.02(A) All
				employees must notify the provider immediately if charged or convicted of any
				of the crimes listed above or if placed on any of the Department's registries
				or State Patrol Sex Offender Registry.