Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 3 - CHILD CARE CENTERS › Section 391-3-002 - DEFINITIONS

Current through June 17, 2024
Accredited school
means a public
				  school district or a nonpublic school or group of nonpublic schools under a
				  governing body organized to provide education in elementary, middle, secondary,
				  and/or high school grades accredited pursuant to 92 NAC 10.
Adequate and appropriate supervision
				  includes:
1. Knowing the whereabouts and being within sight or sound of
				  all children at all times;
2. Being awake, alert, attentive, and responsive to the needs
				  of all children, and
3. Protecting or removing children from harm.
Agency representative
means an
				  individual employed by or under contract with the Nebraska Department of Health
				  and Human Services, the State Fire Marshal, or their designated agents.
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. Preschooler means a child age 3 or older who has not
				  attended kindergarten; and
4. School-ager means a child who attends kindergarten or
				  above.
Approved school
means a nonpublic
				  school or group of nonpublic schools under a governing body organized to
				  provide education in elementary and/or secondary grades approved pursuant to
				  Title 92 NAC 14.
Certificated teacher
means a
				  teacher who holds a valid Teaching Certificate issued by the Nebraska
				  Department of Education.
Child care
means the care and
				  supervision of children in lieu of parental care and supervision and includes
				  programs. (See definition of program.)
Child care center
means a child
				  care program licensed to provide child care for 13 or more children.
Department
means the Nebraska
				  Department of Health and Human Services.
Designee
means an individual given
				  responsibility to act on another's behalf.
Director
means the individual who
				  is responsible for the daily operation of the child care center, including
				  compliance with all regulations, when that individual is not the licensee, as
				  provided in 391 NAC
				  3-006.01(4) and
				  391 NAC 3-006.02.
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.
Fence
means a continuous barrier,
				  including a wall, at least 36 inches in height, flush with the ground, and
				  without any gaps that would allow a child to exit the fenced area.
Food Code
means the Nebraska Food
				  Code as defined in
Neb. Rev. Stat.
§
									81-2,244.01
				  and as published by the Nebraska Department of Agriculture, except for
				  compliance and enforcement provisions.
GED
means a General Educational
				  Development credential, also sometimes known as a General Education Diploma or
				  General Equivalency Diploma.
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 center, 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,
				  corporation, or governmental unit 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 3. Within this chapter, references
				  to other parts of the same chapter do not show "391 NAC"; they are shown simply
				  as 3-003.01, 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.
Parent
means the natural parent,
				  adoptive parent, step parent, guardian, or other legally responsible
				  custodian.
Parent training/education
means
				  parents participate in activities supervised by staff to improve knowledge of
				  child development and developmentally appropriate interactions with
				  children.
Physical hold
means applying
				  minimal physical force by placing the arms around a child to restrict the
				  child's movement.
Premises
means the home or
				  facility, including areas of the home or facility not used for child
				  care/preschool, all attached and all outbuildings, and all areas included
				  within the lot boundaries.
Preschool
means a part-day early
				  childhood program for children age three or older which provides primarily
				  education services where children do not nap and are not served a meal.
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 are 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
				  provides direct care to the children attending the child care center, including
				  the licensee, director, teacher, aide, and any other individual who counts in
				  the staff-to-child ratio.
Support staff
means an individual
				  employed by the center as a food service, clerical, custodial, or
				  transportation staff.
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, or
				  whirlpool or similar device which is designed for recreational use and not to
				  be drained, cleaned and refilled after each individual use
.
Teacher
means an individual who is
				  responsible for the direct care of the children.
Uncompensated parent helper
means
				  the parent of a child enrolled in the center who without compensation, assists
				  in the care of children, who does not count in the staff-to-child ratio, and
				  who is not left alone with children other than his/her own at the
				  center.
USCIS
means United States
				  Citizenship and Immigration Services.
USDA
means the United States
				  Department of Agriculture
.
Volunteer
means a person 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 center
.
Wading pool
means a portable,
				  above-ground basin filled with 12 or fewer inches of water, and designed for
				  the purpose of wading.