Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 1 - FAMILY CHILD CARE HOME I › Section 391-1-002 - DEFINITIONS

Current through June 17, 2024
Adequate and appropriate
				  supervision
means:
1. Knowing the whereabouts and being within sight or sound of
				  all children at all times;
2. Being alert, attentive, and responsive to the needs of all
				  children; and
3. Protecting or removing children from harm.
Ages of children
:
1. Infant means a child age 6 weeks to 18 months;
2. Toddler means a child age 18 months to 3 years;
3. Preschool-age means a child age 3 or older who has not
				  attended kindergarten; and
4. School-age means a child who attends kindergarten or
				  above.
Child care
means the care and
				  supervision of children in lieu of parental care and supervision and includes
				  programs. (See definition of program.)
Department
means the Nebraska
				  Department of Health and Human Services.
Early Childhood Training Center
means the entity authorized in
Neb. Rev. Stat.
§
									79-1102
				  and established within the Nebraska Department of Education. Its purpose is to
				  train individuals who provide education and development activities for infants
				  and young children and their parents.
Family
means individuals who are
				  not household members and have one or more children enrolled in the child care
				  program.
Family Child Care Home I
means a
				  child care program in the licensee's residence which is licensed to serve at
				  least four but not more than eight children, except that a licensee may be
				  approved to serve up to two additional school-age children during non-school
				  hours if no more than two of the other children in care are under 18 months of
				  age.
Family Child Care Home II
means a
				  child care program in the licensee's residence or another location which is
				  licensed to serve at least four but not more than 12 children.
Fence
means a continuous barrier,
				  including a wall, that is at least 36 inches in height, flush with the ground,
				  and without any gaps that would allow a child to exit the fenced area.
Health authority
means the local
				  health department, which by law has the authority and duty for communicable
				  disease control in the counties under its jurisdiction.
Household member
means any
				  individual residing in or regularly present in the child care home, including
				  children and youth for whom 24-hour care is provided.
Licensed health care professional
means an individual for whom administration of medication is included in the
				  scope of practice.
Licensee
means the owner of the
				  child care program and the individual, partnership, limited liability company,
				  or corporation to whom the license is issued and who is responsible for
				  compliance with all regulations.
Locked storage
means a container or
				  closet used to store poisonous materials, medications, and weapons that is
				  secured by lock and key, combination lock, or magnetic lock approved by the
				  Department.
NAC
means the Nebraska
				  Administrative Code, the compiled regulations of all state agencies maintained
				  by the Secretary of State. Properly adopted regulations have the force and
				  effect of law. These regulations are 391 NAC 1. Within this chapter, references
				  to other parts of the same chapter do not show "391 NAC"; they are shown simply
				  as 1-003.01, for example. References to different regulations show the full
				  citation; for example, 179 NAC
				  2-002.
Overnight care
means care provided
				  for children between the hours of 9:00 p.m. and 6:00 a.m.
Own children means biological, adoptive, and foster children,
				  stepchildren, and grandchildren.
Parent
means a natural parent,
				  adoptive parent, step parent, guardian, or other legally responsible
				  custodian.
Physical hold
means applying
				  minimal physical force by placing the arms around a child to restrict the
				  child's movement.
Premises
means the home, including
				  areas of the home not used for child care/preschool, all attached and all
				  outbuildings, and all areas included within the lot boundaries.
Program
means the provision of
				  services in lieu of parental supervision:
1. For children under 13 years of age;
2. For compensation, either directly or indirectly;
				  and
3. On the average of less than 12 hours per day, but more
				  than two hours per week.
Program includes any employer-sponsored child care, family
				  child care home, child care center, school-age child care program, school-age
				  services under
Neb. Rev. Stat.
§
									79-1104,
				  or preschool or nursery school.
Proper hand washing
means washing
				  and scrubbing the hands for at least 20 seconds with soap and warm running
				  water, rinsing well under running water, and drying with a paper towel, air
				  dryer, or clean towel.
Restraint
means the use of manual
				  restraints (direct application of physical force) or mechanical restraints
				  (straps, belts, towels, blankets, tape) or other means to subdue a child or
				  otherwise limit a child's freedom of movement. Restraint does not refer to
				  physical holds or braces or other devices used to assist, obtain, and maintain
				  normal body function.
Room
means an area with four walls
				  flush from the floor to the ceiling and at least one passageway or doorway. A
				  partition is considered a wall if the partition is at least four feet high and
				  is flush to the floor and to the other walls.
Special needs
means a child has a
				  requirement for extra care because of an acute or chronic physical or mental
				  condition. Acute special needs include temporary conditions that require
				  special medical attention and isolation from other children (e.g., recovery
				  from surgery, etc). Chronic special needs include long-standing medical or
				  behavioral problems that require medical, behavioral, or other services at all
				  times (e.g., medically fragile, attention deficit, etc). To be considered a
				  child with a special need, the child must have one or more of the following
				  conditions which is not related to chronological age:
1. Emotional impairment: including behavioral impairment,
				  requiring special equipment or assistance;
2. Developmental age level lower than chronological age and
				  requires assistance via special supervision;
3. Movement impairment: requires assistance or is unable to
				  move;
4. Sensory impairment: requires special environmental
				  modifications or assistance;
5. Speech impairment: requires special equipment or
				  assistance;
6. Hygiene: requires assistance or special equipment;
7. Feeding: requires special equipment or assistance;
8. Toileting: requires assistance or special
				  equipment;
9. Medical conditions: requires respiratory aids or special
				  procedures;
10. Therapy required: physical, occupational, speech, or
				  respiratory;
11. Medications: requires assistance or special procedures.
Diseases such as measles, chicken pox, flu, etc., are not
				  considered special needs.
Staff
means an individual who has
				  been hired or approved by the licensee to work or substitute in the child care
				  home and who counts in the staff-to-child ratio.
Substitute
means an individual age
				  16 or older who provides care in the absence of the primary provider.
Swimming pool
means any artificial
				  basin of water modified, improved, constructed, or installed for the purpose of
				  swimming, wading, diving, recreation, or instruction. Swimming pool includes,
				  but is not limited to, a pool on the child care premises, a pool serving a
				  community, a subdivision, an apartment complex, a condominium, a club, a camp,
				  a school, an institution, a park, a manufactured home park, a hotel, a motel, a
				  recreational area, or a water park. Swimming pool includes a spa, hot tub,
				  whirlpool, or similar device which is designed for recreational use and not to
				  be drained, cleaned and refilled after each individual use.
USCIS means United States Citizenship and
				  Immigration Services.
USDA means the United States Department of
				  Agriculture.
Volunteer
means an individual who
				  assists in the care of children, who does not count in the staff-to-child
				  ratio, and is not left alone with children other than his/her own at the child
				  care home.
Wading pool
means a portable,
				  above-ground basin filled with 12 or fewer inches of water and designed for the
				  purpose of wading.