Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 5 - PRESCHOOLS › Section 391-5-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations will become operative three months after
				  their effective date. These regulations govern the licensing of preschools by
				  the Department of Health and Human Services. Statutory authority for these
				  regulations is in the:
1. Child Care
				Licensing Act (
Neb. Rev. Stat.
§§
									71-1908
				to 1923);
2. Child Protection Act (
Neb. Rev. Stat.
§§
									28-710
				to
				28-727
				);
3. Clean Indoor Air Act (
Neb. Rev. Stat.
§§
									71-5716
				to
				71-5734
				);
4. Quality Child Care Act (
Neb. Rev. Stat.
§§
									43-2601
				to
				43-2625
				);
5. Sex Offender Registration Act
				(
Neb. Rev. Stat.
§§
									29-4001
				to
				29-4014
				); and
6.
Neb. Rev.
				Stat.
§§
									4-108
				to
				4-114.
The Child Care Licensing Act requires the Department to
				  develop regulations establishing standards for the physical well-being, safety,
				  and protection of children in programs licensed under the Act. The purposes of
				  the Act are to provide statewide licensure standards for persons providing
				  child care programs and to provide the Department with authority to coordinate
				  the enforcement of standards on licensees. The standards ensure that programs
				  are providing proper care for and treatment of the children served, and that
				  the care and treatment are consistent with the children's physical well-being,
				  safety, and protection.
The Child Protection Act authorizes the Department to use
				  information in the state child abuse/neglect central register for purposes of
				  licensing providers of child care programs, and the Clean Indoor Air Act
				  addresses smoking in licensed child care programs.
The Quality Child Care Act requires the Department to develop
				  regulations for mandatory training requirements for child care providers
				  designed to meet the health, safety, and developmental needs of children and
				  tailored to the needs of licensed providers. The Act states that the
				  Legislature's intent is to encourage high-quality, affordable, and accessible
				  child care services that are educationally and developmentally
				  appropriate.
The Sex Offender Registration Act authorizes the disclosure
				  of information to providers who serve children for the purpose of conducting
				  confidential background checks for employment.
Neb. Rev. Stat.
§§
										4-108
				  to
				  4-114
				  provide that no state agency or political subdivision of the State of Nebraska
				  may provide public benefits to a person who is not lawfully present in the
				  United States. A child care license is considered a public
				  benefit.
001.01 These
				regulations apply to Preschools, which provide a partial-day early child care
				program of primarily education services to any number of children age three or
				older, and where children do not nap and are not served a meal. A preschool may
				be located in the licensee's residence or another location.
001.02 The following are exempt from
				mandatory licensure, but may be voluntarily licensed:
1. Any person who provides child care:
a. On an irregular, informal basis and with
				no established pattern of occurrence;
b. Without cost to the parents and who
				receives no form of compensation;
c. To three or fewer children at any one
				time, except by a person whose license has been suspended or revoked;