reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-006 - QUALIFICATION AS A FAMILY

Current through June 17, 2024
For a family to be eligible for Child Care Subsidy, the
				  family must consist of one or more adults age 19 or older or a minor parent(s)
				  and one or more children related by blood, marriage, legal guardianship, or
				  adoption who reside in the same household. Foster children may be included when
				  determining the size of the family unit if Child Care Subsidy is required for a
				  biological child and the foster child. In a three-generation household, a minor
				  parent and his or her child are considered a separate family.
006.01
UNMARRIED
				PARENTS.
Unmarried parents with a child in common and at least one
				child with a different parent may receive Child Care Subsidy for all the
				children if the household meets all eligibility requirements. If one parent is
				receiving Aid to Dependent Children for his or her child(ren), the parent
				receiving Aid to Dependent Children may receive Child Care Subsidy, however,
				the other parent, the parent's child(ren), and the child in common are
				ineligible.
006.02
PARENTS WITH SHARED CUSTODY.
If parents are separated, divorced,
				or unmarried but have shared custody of a child, both parents may be eligible
				for Child Care Subsidy. Eligibility is based on the income of the parent with
				whom the child is residing at the time and any child support or other financial
				assistance from the other parent.
006.03
PARENT'S TEMPORARY
				ABSENCE.
In a one parent home, if the parent is temporarily absent
				for 90 days or less because of employment, training, education, illness, or
				incarceration a substitute caretaker may receive Child Care Subsidy using the
				parent's income eligibility. The substitute caretaker must meet the needs
				criteria. If the parent is absent for more than 90 days, eligibility is
				determined based on the need of the substitute caretaker and his or her
				situation and income.
006.04
UNBORN CHILD.
An unborn child is included in the unit
				size if proof of pregnancy is obtained.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-008 - CITIZENSHIP AND ALIEN STATUS

Current through June 17, 2024
In order to receive Child Care Subsidy, a child must be a
				  citizen of the United States or a qualified alien as defined in Neb. Rev. Stat.
				  §
									4-111.
008.01
VERIFICATION OF ALIEN
				STATUS.
When an applicant or recipient states that one or more of
				the children are qualified aliens, the applicant or recipient must sign an
				attestation and present verification of qualified alien status for each child.
				If the applicant or recipient has documentation containing an alien
				registration number, the information will be verified.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-009 - RESIDENCE

Current through June 17, 2024
To be eligible for Child Care Subsidy, applicants and
				  recipients must be Nebraska residents living in the state of Nebraska
				  voluntarily with the intent of making Nebraska the person's home. Migrants and
				  itinerant workers are considered residents of Nebraska if they are living in
				  Nebraska and entered the state to seek employment or to fulfill a job
				  commitment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-010 - INCOME

Current through June 17, 2024
In determining eligibility, the Department shall consider
				  income received by a family. In order to initially qualify for child care
				  subsidy benefits, the family's income must not exceed the income limits
				  established by Neb. Rev. Stat. §
									68-1206.
010.01
INCOME
				VERIFICATION.
Individuals must provide verification of earned
				income, with a copy of check stubs, a statement from his or her employer, or
				some other documentation. When possible, the Department utilizes electronic
				data sources to verify income. A self-employed individual must submit a copy of
				his or her latest income tax return or his or her self-employment records. The
				individual can contact the Department to request assistance with verification.
010.01(A) An individual's declaration of
				unearned income is sufficient unless there is inconsistent information or the
				individual has a previous history of overpayments or abuse of the program. In
				these instances, the individual must provide verification of income before
				services will be approved. If the individual fails to provide required proof
				within 10 days of request, the application is rejected or services are
				terminated.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-011 - CATEGORIES OF ELIGIBILITY BASED ON INCOME

Current through June 17, 2024
There are five categories of family eligibility, depending
				  on income:
(A) Current
				family;
(B) Low income
				family;
(C) Low income sliding fee
				family;
(D) Transitional child care
				family; and
(E) Without regard to
				income family.
011.01
TRANSITIONAL CHILD CARE FAMILY.
Families may receive
				Transitional Child Care in accordance with Neb. Rev. Stat. §
									68-1206.
011.02
PARENTS OF DEPARTMENT
				WARDS OR TRIBAL WARDS.
The parent of a child who is a ward of the
				Department or the parent of a tribal ward who attests the parent is unable to
				receive child care services from the tribe, is eligible for services without
				regard to income if the plan is to reunify the family or maintain the child in
				the home of the parent and the following conditions are met:
(A) One of the following applies:
(i) The parent is not eligible as low
				income;
(ii) The parent is not
				willing to be determined eligible as low income; or
(iii) Due to the circumstances of the case,
				it is not possible for the worker to make an eligibility determination
				regarding income;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-013 - NEED FOR SERVICE

Current through June 17, 2024
Child care services for eligible individuals are approved
				  only if each parent or usual caretaker:
(A) Is employed;
(B) Is actively seeking employment. Each time
				the recipient loses employment, the recipient is entitled to three months of
				child care to seek employment.
(i) Child care
				for job search activities cannot be authorized at initial application except
				when job search is required by a federally funded workforce program;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-014 - CLIENT'S RIGHT TO CHOOSE PROVIDER

Current through June 17, 2024
A recipient has the right to choose a provider, regardless of
				  the availability of other providers. The provider must be licensed or approved
				  as license-exempt. The recipient may choose from:
(A) Licensed Child Care Center;
(B) Licensed Family Child Care Home
				I;
(C) Licensed Family Child Care
				Home II;
(D) License-Exempt Family
				Child Care Home; or
(E) In-home
				provider.
014.01
QUALIFYING FOR IN-HOME PROVIDER SERVICES.
In order to
				Qualify for in-home provider care, at least one of the following criteria must
				be met:
(A) The child must have a verified
				special need;
(B) The recipient
				needs child care during verified non-traditional hours. Non-traditional hours
				are the hours between 7:00 p.m. through 7:00 a.m. or any time on a Saturday or
				Sunday; or
(C) There are three or
				more children in care.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-015 - IMMUNIZATIONS

Current through June 17, 2024
At the time of application, the applicant must agree to
				  obtain immunizations according to state immunization guidelines for his or her
				  child(ren) who is (are) receiving Child Care Subsidy within 30 days of
				  enrollment with a provider. The following are exempt from the immunization
				  requirement:
(A) Children whose
				parents object to immunization on religious grounds; and
(B) Children whose health would be harmed by
				immunization. This Requires certification by a physician, certified nurse
				practitioner, or physician assistant.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-016 - RECIPIENT OVERPAYMENT

Current through June 17, 2024
Overpayments caused by recipient error will be recouped or
				  collected by any lawful means. When the overpayment appears to be the result of
				  fraud, the case will be referred to the Special Investigation Unit, Central
				  Office, or the Omaha Special Investigation Unit for Omaha
				  cases.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-017 - INTENTIONAL PROGRAM VIOLATION

Current through June 17, 2024
An individual who is found to have committed an intentional
				  program violation is disqualified from receiving Child Care Subsidy
				  services.
017.01
DISQUALIFICATION HEARING.
A disqualification hearing
				will be initiated by the Department whenever sufficient documentary evidence
				has been established to substantiate that a household member has committed one
				or more acts of an Intentional Program Violation.
017.01(A)
INTENTIONAL VIOLATION
				DISQUALIFICATION.
If an individual is found to have committed an
				intentional program violation, a period of disqualification must be imposed.
				The disqualification applies to the individual found to have committed the
				intentional program violation and the household. These penalties will also be
				imposed if the individual is found by a court to have committed an intentional
				program violation. The period will be determined by the Department after an
				administrative disqualification hearing, or without a hearing if the individual
				waives his or her right to a hearing. The period of disqualification is:
(i) For a first violation, the individual is
				disqualified for one year;
(ii) For
				a second violation, the individual is disqualified for two years; and
(iii) For a third violation, the individual
				is permanently disqualification.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-018 - COOPERATION WITH THE CHILD SUPPORT ENFORCEMENT UNIT

Current through June 17, 2024
Child Care Subsidy recipients are required to cooperate with
				  Child Support Enforcement.
018.01
SANCTION FOR REFUSAL TO COOPERATE.
Upon receiving
				notification from Child Support Enforcement that the parent or usual caregiver
				refuses to cooperate, a child support sanction is placed on the recipient and
				relevant child(ren). A sanction may only be imposed at the initial application
				period or at redetermination.
018.02
EMPLOYMENT FIRST
				PARTICIPANT.
No child support sanction will be imposed on an
				Employment First participant so that the recipient may continue to participate
				in Employment First.
018.03
OPPORTUNITY TO CLAIM FAMILY VIOLENCE EXCEPTION.
An
				recipient may claim a Family Violence exception by indicating that cooperation
				with Child Support Enforcement could cause serious risk of harm from the
				noncustodial parent. Eligibility for a Family Violence exception is determined
				by Child Support Enforcement.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 3 - AUTHORIZATION AND NOTICE › Section 392-3-001 - AUTHORIZATION

Current through June 17, 2024
The recipient and provider will receive notice of the
				  recipient's eligibility and the recipient's sliding fee amount for which
				  recipient is responsible.
001.01
IN-HOME CHILD CARE SUBSIDY RECIPIENTS.
Recipients of
				in-home child care subsidy, must execute necessary documents to appoint the
				Department as agent for state and federal employment taxes and other
				withholding taxes.
001.02
AUTHORIZATION STANDARDS.
To authorize any service, the
				following is required:
(A) The applicant must
				be found eligible;
(B) The
				applicant must have an acceptable need for child care;
(C) The child care provider must be properly
				enrolled as a provider; and
(D) The
				recipient and child care provider must ensure that the services are delivered
				as authorized.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 3 - AUTHORIZATION AND NOTICE › Section 392-3-002 - RESPONSIBILITY TO CONTACT THE DEPARTMENT

Current through June 17, 2024
A child care recipient must contact the Department within 10
				  days when:
(A) Total assets exceed
				$1,000, 000.00;
(B) Changes in
				household composition;
(C) There is
				a non-temporary change in the recipient's work, job training, or educational
				status that will exceed three months;
(D) The family's income exceeds 85 percent of
				the State Medium Income; or
(E) The
				family changes residence.
002.01
TEMPORARY CHANGE IN NEED.
Once the family is
				determined eligible, eligibility shall continue until the end of the
				certification period if a temporary change in need for services
				occurs.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 3 - AUTHORIZATION AND NOTICE › Section 392-3-003 - DEPARTMENT CONTACT WITH RECIPIENTS

Current through June 17, 2024
The Department may need to contact recipients during their
				  eligibility period to discuss their eligibility, issues regarding service
				  delivery, or when additional information is needed. Recipients must update the
				  Department when their contact information changes and cooperate with the
				  Department in providing information.
003.01
NOTICE OF AGENCY ACTION.
Individuals will receive a notice of action when:
(1) An applicant is determined ineligible for
				Child Care Subsidy;
(2) A recipient
				is found ineligible at the time of verification or redetermination;
(3) A requested service is denied;
(4) Provided services are to be reduced or
				terminated; or
(5) Changes in the
				sliding fee.
003.01(A)
ADVANCE NOTICE.
Recipients are notified when services
				will be reduced or terminated.
003.01(B)
ADEQUATE
				NOTICE.
In cases of substantiated recipient fraud, the recipient
				is sent a notice of termination or reduction.
003.01(C)
NOTICE NOT
				REQUIRED.
The recipient will not receive a notice of action when:
(i) The Department learns of a recipient's
				death or death of his or her child; or
(ii) The recipient's whereabouts are
				unknown.
003.01(D)
SERVICE CONTINUATION DURING APPEAL.
In cases where
				advance notice has been given, the recipient may appeal. If an appeal is
				requested in writing within 10 days following the date of the notice of action
				was mailed, the adverse action is not taken until a fair hearing decision is
				made. In situations where only an adequate notice was required, service is not
				continued pending a hearing decision.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 3 - AUTHORIZATION AND NOTICE › Section 392-3-004 - RATE UNIT AUTHORIZATIONS

Current through June 17, 2024
The rate at which providers are reimbursed is set by the
				  Department.
004.01
PROVIDER RATES.
A provider must establish a private
				pay rate before being approved as an enrolled provider. Child Care Subsidy
				payments to a provider will not exceed the private pay rate. If the rate the
				provider charges the public is higher than the Department's rate, the
				Department will pay the Department's established maximum. If the provider's
				rate for the public is lower than the Department's maximums, the Child Care
				Subsidy rate paid to the provider will not be more than the provider's rate
				charged to the public.
004.01(A)
PAYMENT BY ATTENDANCE.
The Department pays by
				attendance, not enrollment. Providers do not receive payment when the provider
				is on vacation, is ill, or is not providing care for some reason unrelated to
				the child or recipient.
004.01 (A)(i)
PAYMENT FOR ABSENCES.
The provider may bill the full
				authorized amount for times that the child is absent on a scheduled day, up to
				five times per month.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 3 - AUTHORIZATION AND NOTICE › Section 392-3-005 - PROVISIONS FOR OUT-OF-STATE PROVIDERS

Current through June 17, 2024
An out-of-state child care provider must be approved as an
				  enrolled child care provider by the Department and accept Department
				  rates.
005.01
LICENSE
				REQUIREMENTS.
The child care provider must be in compliance with
				the license or registration requirements of the state where the provider is
				providing care. All out-of-state providers must comply with the Department's
				standard background check process. The provider has the responsibility for
				ensuring safety is maintained for the child.
005.02
PROVIDER
				PAYMENTS.
Payments must be made directly to the child care
				provider. All child care providers must be licensed or approved before child
				care is authorized.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 4 - PROVIDER ENROLLMENT › Section 392-4-001 - GENERAL STANDARDS

Current through June 17, 2024
In order for a child care provider to participate in the
				  subsidy program:
(A) All child care
				providers must have a Social Security Number or Federal Identification Number,
				whichever is appropriate, before being approved;
(B) A child care provider and a provider's
				spouse are not entitled to receive a subsidy to provide care for a provider's
				child, stepchild, or foster child. The legal guardian of a child or spouse of
				the legal guardian is not eligible to participate as a provider for the
				child;
(C) The provider must not
				engage in or have an ongoing history of criminal activity that may be harmful
				or may endanger individuals for whom they provide services;
(D) The potential provider must not have a
				history of incorrect or inaccurate billings whether intentional or
				unintentional, for services that have been provided or have a criminal history
				of financial mismanagement;
(E) The
				provider must not have been disqualified from any Department program for an
				intentional program violation within the last five years;
(F) Service provider enrollments are in
				effect for up to 12 months, are not back-dated, and must be completed and
				signed by all parties on or before the effective date. The enrollment may begin
				with the client's request for a specific provider but no earlier than the date
				of receipt of the application;
(G)
				The provider must provide an environment that promotes the safety and
				well-being of the children in care. The Department may deny provider enrollment
				or disenroll a provider if the Department determines the provider's child care
				setting endangers a child or vulnerable adult; and
(H) Changes in service provider enrollments
				require renegotiation of the enrollment form. Address changes which do not
				affect the service location do not require a new enrollment form.
(I) Demonstrate the physical, mental, and
				emotional capacity to provide care for children.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 4 - PROVIDER ENROLLMENT › Section 392-4-003 - ADDITIONAL REQUIREMENTS FOR IN-HOME CHILD CARE

Current through June 17, 2024
Each provider of in-home child care must:
(A) Sign necessary forms and an enrollment
				form for service approval;
(B) Have
				no obligation to perform housekeeping activities; and
(C) Enrollment will only allow the in-home
				provider to care for one designated family.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 4 - PROVIDER ENROLLMENT › Section 392-4-004 - PROVIDER STANDARDS

Current through June 17, 2024
All Child Care Development Fund providers and staff must
				  agree to all the terms found in the provider enrollment and must complete and
				  maintain the following health and safety standards:
(A) Prevention and control of infectious
				diseases, including immunizations:
(i)
				Infection control practices; and
(ii) Each child's immunization record must
				include:
(1) Documentation of age-appropriate
				immunization;
(2) Certification by
				a physician, advanced practice registered nurse, or physician assistant that
				immunization is not appropriate for a stated medical reason; or
(3) A written statement that the parent or
				guardian does not wish to have the child immunized and the reasons for that
				decision.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 4 - PROVIDER ENROLLMENT › Section 392-4-005 - STAFF TRAINING REQUIREMENTS

Current through June 17, 2024
All staff who work with children in either a Licensed Home I,
				  Licensed Home II, or Child Care Center setting are required to complete the
				  pre-service orientation training and pediatric first aid and cardiopulmonary
				  resuscitation training in first three months of employment. Supervision is
				  required of staff until the training is completed.
005.01
LICENSED EXEMPT AND FAMILY
				IN-HOME PROVIDERS TRAINING REQUIREMENTS.
Licensed Exempt and
				Family In-Home providers are required to complete four clock hours of approved
				annual training. At least two clock hours of training must be a topic from the
				health and safety standards identified above.
005.02
DIRECTOR OR OWNER
				TRAINING.
The director or owner of a Licensed Home I must complete
				the training prior to working with children.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 4 - PROVIDER ENROLLMENT › Section 392-4-006 - APPLICATION

Current through June 17, 2024
Each potential provider will undergo a face-to-face interview
				  and an inspection of the provider's place(s) where provider will provide child
				  care. If the provider does not meet standards at the time of the initial
				  inspection or interview, but is willing to correct the deficiency within a 30
				  day period of time, the application process will continue when proof of
				  compliance is received.
006.01
CONFLICT OF INTEREST.
No employee of the Department or
				its subdivisions may be approved as a service provider.
006.02
MULTIPLE
				FACILITIES.
For Child Care Centers with multiple sites that are
				under the same ownership, each individual site must have their own provider
				enrollment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 4 - PROVIDER ENROLLMENT › Section 392-4-007 - PROVIDER EVALUATION

Current through June 17, 2024
The child care subsidy program evaluates each provider to
				  determine eligibility for participation.
007.01
PROVIDER COOPERATION WITH
				EVALUATION FOR ENROLLMENTS.
The provider must:
(A) Participate in renewal evaluation with
				the Department at least annually;
(B) Allow visits at each facility where
				services are provided; and
(C)
				Participate in an assessment of the health and safety of service provision at
				least once during the enrollment period by allowing observation of service
				delivery, training verification, visits to the service facility, and allow
				interviews of the provider or interviews of clients served by the
				provider.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 4 - PROVIDER ENROLLMENT › Section 392-4-008 - PROVIDER OVERPAYMENTS

Current through June 17, 2024
The Department will take measures to promptly correct
				  overpayments.
008.01
WRITTEN NOTICE.
Providers will receive a written notice when an
				overpayment occurs.
008.02
APPEAL.
If the provider disagrees with the
				Department's determination, the provider has 30 days from the date of mailing
				to appeal the overpayment. Depending on the nature of the overpayment, the
				provider enrollment may also be terminated.
008.03
RECOUPMENT.
If the provider does not appeal or appeals unsuccessfully, the overpayment will
				be recouped from future billings for the same or different children, or from
				another service at a rate of no less than 50 percent per billing.
008.03(A)
HOLDING OF
				PAYMENTS.
The Department has the right to hold any payments if an
				overpayment is suspected. Other actions as permitted by law may be taken to
				collect provider overpayments.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 5 - CHILD CARE GRANTS › Section 392-5-001 - CHILD CARE GRANTS

Current through June 17, 2024
If eligibility requirements are met and funds are available,
				  grants may be awarded to child care facilities in order to increase the number
				  of licensed child care slots that are available to families who are receiving
				  Child Care Subsidy.
001.01
START UP OR EXPANSION CHILD CARE GRANT.
Grants may be
				awarded to increase the license capacity of an existing child care program. The
				following programs are eligible for startup or expansion child care grants:
(A) New, not yet licensed programs;
(B) Programs that are expanding and
				increasing the license capacity; or
(C) Programs that are expanding from a Family
				Child Care Home I to a Family Child Care Home II or from a Family Child Care
				Home II to a Child Care Center.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 5 - CHILD CARE GRANTS › Section 392-5-002 - ELIGIBILITY REQUIREMENTS

Current through June 17, 2024
A provider seeking a grant must meet all eligibility
				  requirements.
002.01
CHILD CARE LICENSE AND SUBSIDY ENROLLMENT.
Applicants for child
				care subsidy grants must be in good standing with the Department.
002.02
ABUSE
				REGISTRIES.
Applicants whose names appear on the Central Registry
				are not eligible. Individuals applying for grants must consent to a Central
				Registry check. Applicants must be in compliance with child care subsidy
				program requirements and public health licensing requirements.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 5 - CHILD CARE GRANTS › Section 392-5-003 - SELECTION CRITERIA AND PROCESS

Current through June 17, 2024
A provider must fill out an application to request a
				  grant.
003.01(A)
AWARD
				AMOUNT LIMITATION.
Applications requesting funds in excess of the
				specified award amount are not considered.
003.01(B)
MULTIPLE CHILD CARE
				SITES.
Entities operating multiple child care sites are eligible
				to submit one application per site.
003.01
				(B)(i)
INELIGIBLE PROGRAMS.
Preschool
				only and drop-in-care-only programs are ineligible.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 5 - CHILD CARE GRANTS › Section 392-5-004 - APPLICATION

Current through June 17, 2024
Each applicant must submit all of the following:
(A) Applications must be completed and
				signed. Failure to abide by application requirements and subaward terms, may
				result in revoking of the grant and refunding of subaward. Unsigned or
				incomplete application forms will be denied; and
(B) Statement of assurances, including an
				agreement:
(i) To not discriminate against
				children with disabilities or children whose care is funded by any state or
				federal funds;
(ii) To participate
				in an external evaluation or site visit as determined by the
				Department;
(iii) To obtain and
				maintain licensure with the Department;
(iv) To keep records for fiscal audit and
				program evaluation, and to provide the information to the Department;
(v) To ongoing participation in
				training;
(vi) To continue to
				provide child care services for three consecutive years after the grant has
				been awarded;
(vii) To serve
				families who receive Child Care Subsidy; and
(viii) To accept the grant award within 60
				days of notification.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 5 - CHILD CARE GRANTS › Section 392-5-005 - Provider Overpayments

Current through June 17, 2024
The Department must take all reasonable steps necessary to
				  promptly correct overpayments.
The Department will send a letter to the provider informing
				  the provider that there is an overpayment, giving the provider the opportunity
				  to discuss the overpayment with a Department representative, and informing the
				  provider of his/her right to appeal the existence or amount of the overpayment.
				  The provider has 45 days to appeal the overpayment.
If the provider does not appeal or contact the Department to
				  work out a repayment agreement, the overpayment will be recouped from future
				  billings for the same or different children, or from another service.
When the evidence clearly establishes that a provider
				  willfully over-billed the Department, the worker will refer the provider to the
				  Special Investigations Unit, Central Office; or in the Omaha Office, to the
				  Omaha Special Investigation Unit. Any information, documentation, investigative
				  reports, etc., that are developed or obtained will be shared with other
				  programs within the HHS System and with appropriate state agencies such as the
				  Department of Education.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 2 - DISCLOSURE OF INFORMANTION › Section 395-2-001 - DEFINITIONS

Current through June 17, 2024
The following definitions apply
001.01
NONIDENTIFYING
				INFORMATION.
The descriptive social, educational, medical, and
				  demographic details about an adopted person and the adopted person's birth
				  relatives, excluding any information which might reveal the identity of the
				  birth relatives.
001.02
LEGAL GUARDIAN.
Legal guardian has the same meaning as guardian in Neb. Rev.
				  Stat. §
										30-2209.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 2 - DISCLOSURE OF INFORMANTION › Section 395-2-002 - CONFIDENTIALITY AND RELEASE OF INFORMATION

Current through June 17, 2024
Information will be provided based on the individual's need
				  to know and the individual's involvement with the child or family.
002.01 Information will be provided based on
				the individual's need to know and the individual's involvement with the child
				or family. RELEASE OF INFORMATION WITHIN THE DEPARTMENT. Information shared
				within the Department does not require a signed release.
002.02
RELEASE OF INFORMATION TO
				LAW ENFORCEMENT.
All reports regarding child abuse or neglect will be released
				  to the appropriate law enforcement agency. The name and identity of the
				  reporting party will be released to the investigating law enforcement agency.
				  The name and identity of the reporting party will be released to the county
				  attorney upon request. When the Attorney General's Office is assessing a case
				  for prosecution or preparing to prosecute a criminal case, the name of the
				  reporting party will be released to them upon request.
The Department will not release the name of the reporting
				  party to anyone other than law enforcement, the county attorney, or Attorney
				  General's Office.
002.03
RELEASE OF INFORMATION REGARDING STATE WARDS.
Once a child is placed in the custody of the Department,
				  parental consent for release of information about the child is no longer
				  required, and the Department will authorize the release of information related
				  solely to the child when it is determined by the Department to be in the
				  child's best interest. Information related to the report of child abuse or
				  neglect will be released in accordance with 395 Nebraska Administrative Code
				  (NAC) Chapter 3.
002.04
FORMER WARD INFORMATION REQUESTS.
The Department will release information regarding the former
				  ward upon written request from the former ward or his or her legal guardian.
				  Information solely regarding other family members will not be provided. If the
				  former ward was adopted, the Department will not release any information
				  identifying the birth family.
002.05
ADOPTION INFORMATION
				REQUESTS.
Once an adoption decree has been issued by the court and the
				  case is closed, the Department file is closed. Birth family identity will be
				  kept confidential and only be released as permitted by law.
002.06
FORMER WARD ADOPTEE
				REQUESTS FOR NON-IDENTIFYING INFORMATION.
The Department will release nonidentifying child welfare case
				  record information when a written request is received from a former ward
				  adoptee who has reached the age of majority or from the former ward adoptee's
				  adoptive parents.
002.07
BRIDGE TO INDEPENDENCE PROGRAM REQUESTS FOR
				INFORMATION.
The Department will release information regarding the Young
				  Adult upon written request from the Young Adult or his or her legal
				  guardian.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 2 - DISCLOSURE OF INFORMANTION › Section 395-2-004 - CENTRAL REGISTRY CHECK FEE

Current through June 17, 2024
004.01 CENTRAL REGISTRY CHECK FEE
004.01(A)
PAYMENT.
A
				fee of $ 2.50 shall be charged to the requestors of a Central Registry check
				for processing and issuing the results. A Central Registry check will not be
				processed until the fees assessed by the Department have been paid. All
				payments shall be made payable to the State of Nebraska. Cash payments will not
				be accepted and any cash received will be returned to the sender.
Central Registry fees shall apply without regard to whether
				  Central Registry check results are issued. Requests where applicant information
				  is incomplete or applicant information conflicts with Department information
				  will result in the request being returned to the individual or organization
				  without a refund of the fee.
All fees collected pursuant to this section shall be
				  deposited to the State Treasurer for credit to the Health and Human Services
				  Cash Fund.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES › Section 395-3-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the approval of foster family homes
				  and the issuance of foster care licenses as authorized and required by Nebraska
				  Revised Statute (Neb. Rev. Stat.) §§
									71-1902
				  and
				  71-1904.
				  These regulations also govern adoptive home studies as authorized and required
				  by Neb. Rev. Stat. §
									43-107.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES › Section 395-3-002 - DEFINITIONS

Current through June 17, 2024
The following definitions apply:
002.01
FUNCTIONAL
				LITERACY.
Functional Literacy means the ability to read and write
				at the level necessary to participate effectively in society.
002.02
KINSHIP HOME.
Kinship Home means Kinship Home as defined in Neb. Rev. Stat. §
									71-1901.
002.03
LICENSING
				AGENT.
Licensing Agent means the Department or any contractor of
				the Department who is gathering the information necessary for the Department to
				make a foster care license determination.
002.04
MEDICAL
				PROFESSIONAL.
Medical Professional means a physician or advanced
				practice registered nurse (APRN) or physician assistant (PA) when the APRN or
				PA is practicing under the supervision of a physician. A Medical Professional
				must be licensed by the Nebraska Department of Health and Human Services,
				Division of Public Health, or its equivalent in another state, at the time of
				service.
002.05
REASONABLE AND PRUDENT PARENT STANDARD.
Reasonable and
				Prudent Parent Standard means Reasonable and Prudent Standard as defined in
				Neb. Rev. Stat. §
									43-4703.
002.06
RELATIVE FOSTER CARE
				LICENSE.
Relative Foster Care License means a type of foster care
				license that authorizes the licensee to provide foster care for a child who is
				relative of the licensee.
002.07
RELATIVE HOME.
Relative Home means Relative Home has
				defined in Neb. Rev. Stat. §
									71-1901.
002.08
RELIABLE
				TRANSPORTATION.
Reliable transportation means a properly
				maintained vehicle or access to reliable public transportation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES › Section 395-3-003 - FOSTER CARE LICENSES

Current through June 17, 2024
003.01
DURATION AND SPECIFICATIONS.
A foster care license
				issued to an applicant is effective for two years and will identify the ages of
				children to be fostered, the number of children for whom the home is licensed
				and the location of the licensed home.
003.02
LIMIT OF ONE
				LICENSE.
Only one foster care license can be issued for an
				address.
003.03
AGE OF
				MAJORITY.
To be licensed for Foster Care, an applicant must be the
				age of majority.
003.04
FUNCTIONAL LITERACY.
At least one applicant must have
				Functional Literacy.
003.05
MARRIED APPLICANT.
If legally married, each spouse
				will be identified on the foster care licensed and each spouse must meet all
				requirements of this chapter.
003.06
MAXIMUM NUMBER OF PERSONS
				FOR WHOM CARE CAN BE PROVIDED.
A foster parent may provide care
				for adults and children, including foster children and children related by
				blood, marriage or adoption, according to the following maximum placement
				limits. The Department will not consider Foster Care youth residing in a foster
				home as household members for purposes of Foster Care licensing.
003.06(A)
HOMES WITH TWO LICENSED
				FOSTER PARENTS.
No more than six children may reside in a home
				with two licensed foster parents. No more than four children under age six may
				reside with two licensed foster parents.
003.06(B)
HOMES WITH ONE LICENSED
				FOSTER PARENT.
No more than four children may reside in a home
				with one licensed foster parent. No more than two children under age six may
				reside with one licensed foster parent.
003.06(C)
EXCEPTION.
The Department, in its discretion, may allow a home to exceed the established
				maximum placement limits when doing so is in the best interest of each child in
				the home. This exception may only be used to allow:
(1) A parenting youth in foster care to
				remain in placement with a son or daughter of the parenting youth;
(2) Siblings to remain together;
(3) A child with an established meaningful
				relationship with the family to remain with the family; or
(4) A family with special training or skills
				to provide care to a child who has a severe disability.
003.06(D)
CALCULATING MAXIMUM
				PLACEMENT LIMIT.
The applicable maximum placement limits apply to
				all children and adults in the home for whom the foster parents provide 24 hour
				care and supervision.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES › Section 395-3-004 - APPROVAL OF PLACEMENT IN UNLICENSED HOMES

Current through June 17, 2024
004.01
KINSHIP AND RELATIVE HOMES.
A child who is in the
				custody of the Department will not be placed in an unlicensed home, without
				Department approval. The only foster homes that may be approved are Kinship
				Homes and Relative Homes. All relative and kinship foster parents must sign the
				Department's placement agreement and abide by all terms of the
				agreement.
004.02
NON-EMERGENCY APPROVAL OF RELATIVE AND KINSHIP HOMES.
In order for a child to be placed in a Kinship or Relative Home the
				requirements of this section must be met.
004.02(A)
REQUIREMENTS.
Prior to a child being placed in a
				Relative or Kinship Home the Department will complete background checks on all
				household members 18 years of age and older. The background checks to be
				completed are:
(i) Child Abuse and Neglect
				Central Registry for all states in which the individual has lived within the
				past 5 years;
(ii) Adult Abuse and
				Neglect Central Registry check;
(iii) Sex Offender Registry check for all
				states in which the individual has lived within the past 5 years; and
(iv) Local law enforcement agency check;
				and
(v) National fingerprint-based
				criminal history check.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES › Section 395-3-005 - REQUIREMENTS FOR ALL PLACEMENTS

Current through June 17, 2024
The requirements of this section apply to all homes in which
				  children in the custody of the Department are placed. Failure to meet any of
				  these requirements could result in a foster care license being denied or
				  revoked or approval of a relative or Kinship Home being denied or
				  revoked
005.01
PARTICIPATION IN ACTIVITIES.
Every foster parent,
				whether in a licensed home or approved home, will:
(A) Permit each child placed in his or her
				care to participate in age appropriate school, extracurricular, enrichment,
				cultural, and social activities;
(B) Permit each child placed in his or her
				care to practice and further the child's own religious beliefs and cultural
				practices; and
(C) Exercise the
				Reasonable and Prudent Parent Standard when determining whether to allow a
				child in Foster Care in the custody of the Department to participate in
				extracurricular, enrichment, cultural, and social activities.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES › Section 395-3-006 - REPORTS REGARDING FOSTER HOMES

Current through June 17, 2024
006.01
LICENSING VIOLATIONS.
The Department will investigate
				any licensed foster home after receiving a report that the foster home or
				foster parents are not in compliance with the licensing regulations.
006.02
ALLEGATIONS OF ABUSE OR
				NEGLECT.
Any report about a foster home may be forwarded to the
				Child Abuse and Neglect Hotline for the Department to determine whether the
				report involves allegations of child abuse or neglect.
006.03
REPORTING
				PARTY.
The identity of the reporting party is not public
				information.
006.04
LICENSING ACTION.
If the Department determines the
				report is credible, a licensing action may be initiated.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES › Section 395-3-007 - SHARING HOME STUDY INFORMATION

Current through June 17, 2024
The sharing of the home study, including background check,
				  information is subject the provisions of this section.
007.01
SHARING INFORMATION WITH
				THE APPLICANT.
The Department will not share the results of the
				finger-print based national criminal history checks with any person or entity,
				except as allowed by law.
007.02
SHARING INFORMATION WITH COURTS.
Upon request of the
				court, the Department may share all background check results with a court of
				competent jurisdiction.
007.03
SHARING INFORMATION REGARDING INTERSTATE COMPACT FOR THE PLACEMENT
				OF CHILDREN LICENSURE.
When the Department completes a home study
				as the result of a request through the Interstate Compact for the Placement of
				Children, the Department will provide the home study and background checks,
				except for the national criminal history check, to the requesting state's
				Interstate Compact for the Placement of Children
				coordinator.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES › Section 395-3-008 - PROVISION OF LIABILITY AND DAMAGE INSURANCE

Current through June 17, 2024
Insurance for foster parents is provided in accordance with
				  Neb. Rev. Stat. §
									43-1320.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES › Section 395-3-009 - ADOPTIVE HOME STUDY

Current through June 17, 2024
The Department may complete a preplacement or postplacement
				  adoptive home study or contract with a child placing agency to complete the
				  adoptive home study. The adoptive home study must be completed on the
				  Department approved format and must include an examination into factors that
				  may influence the long-term success of the adoption. The home study must
				  include a national criminal history records check as required by Neb. Rev.
				  Stat. §
									43-107
				  and all other background checks required for a foster care license as set forth
				  in this chapter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 4 - INITIAL ASSESSMENT, CASE MANAGEMENT, AND PERMANENCY › Section 395-4-001 - CONTACT WITH CHILD VICTIM AND PARENTAL NOTIFICATION

Current through June 17, 2024
When a child is a possible witness to or an alleged victim of
				  abuse or neglect, the Department has the authority to contact the child to
				  conduct an interview necessary for an assessment. This may be done without the
				  consent or knowledge of the parent. A child may be contacted at school, child
				  care, or other locations away from the home.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY › Chapter 4 - INITIAL ASSESSMENT, CASE MANAGEMENT, AND PERMANENCY › Section 395-4-002 - ACCEPTING A RELINQUISHMENT OF PARENTAL RIGHTS

Current through June 17, 2024
Prior to signing a relinquishment of parental rights to the
				  Department, a parent may be offered counseling for the purpose of providing
				  education on the available options and to ensure the parent is making an
				  informed decision. A parent may decline to participate in this
				  counseling.
After a parent has completed or declined counseling, the
				  Department will determine whether accepting the relinquishment is in the best
				  interest of the child. The Department may elect not to accept a relinquishment
				  of parental rights.