reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 2 - FAMILY CHILD CARE HOME II › Section 391-2-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
004.01
License Not
				Transferable:
A Family Child Care Home II license is not transferable or
				  assignable and is only valid at the address printed on the
				  license.
004.02
Posting of License and Availability of License Record
				Information:
The license, including any applicable status or amendment,
				  must be displayed in a prominent place so that it is clearly visible to parents
				  and others. License record information and inspection reports must be made
				  available for public inspection upon request.
004.03
Change in
				Premises:
When there is a change in premises:
1. Ninety days before the scheduled date of
				occupancy of the new premises, the licensee must submit an application for the
				same type of license (provisional or operating) currently held, except that:
a. The following items must be submitted
				before the license will be issued:
(1) A
				sketch, diagram, or blueprint of the facility showing the dimensions and
				arrangement of each room to be used by children and the outdoor play
				area;
(2) A fire inspection
				approval issued by the State Fire Marshal or delegated authority;
(3) Copies of zoning approval from the
				relevant jurisdiction;
(4) Planned
				occupancy date; and
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 2 - FAMILY CHILD CARE HOME II › Section 391-2-005 - INSPECTIONS AND COMPLAINT INVESTIGATIONS

Current through June 17, 2024
To determine compliance with licensing regulations, the
				  Department will inspect Family Child Care Home II programs as provided under
				  the Child Care Licensing Act.
005.01
Initial Licensure Inspection:
The Department will:
1. Schedule the date and time of the
				inspection visit with the applicant and/or the applicant's designee;
2. Conduct an on-site inspection to determine
				compliance with licensing regulations within 30 days of receipt of a completed
				application for a provisional license; and
3. Provide a preliminary copy of the
				compliance report to the applicant and/or the applicant's designee.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 2 - FAMILY CHILD CARE HOME II › Section 391-2-006 - STANDARDS OF OPERATION AND CARE

Current through June 17, 2024
To provide adequate protection to children in care and to
				  comply with state law, a Family Child Care Home II must meet the following
				  standards.
006.01
Licensee
				Qualifications and Requirements:
The Family Child Care Home II licensee must:
1. Be at least 19 years of age;
2. Be of good moral character;
3. Be a U.S. citizen or qualified alien
				lawfully present in the U.S.;
4. Be
				responsible for the day-to-day operation of the child care program;
5. Read, understand, and be familiar with
				these regulations;
6. Make license
				record information and inspection reports available for public inspection upon
				request;
7. Be in compliance with
				all regulations whenever any children are in care;
8. Assess his/her own ability and the ability
				of all staff to provide care for children with special needs while meeting the
				needs of other children enrolled;
9. Not engage in any other employment that
				interferes with the care of children;
10. During the hours of operation, not be
				under the influence or allow any staff, volunteer, or household member to be
				under the influence of alcohol, controlled substances that have not been
				lawfully prescribed, or any other type of substance that would affect their
				ability to care for children;
11.
				Allow parents access to their children at all times that children are in care;
				Denial of immediate and unrestricted access to the licensed premises by parents
				may be basis for disciplinary action against the license;
12. Allow access to the premises by an agent
				or employee of the Department for the purpose of inspection, investigation, or
				other information collection activities necessary to carry out the duties of
				the Department;
13. Allow announced
				and unannounced inspections by state or local inspectors, investigators, or law
				enforcement officers for the purpose of investigation necessary to carry out
				their duties;
14. Not knowingly
				allow any individual to be on the premises if s/he has been convicted of,
				admitted to, or there is substantial evidence of, crimes involving intentional
				bodily harm, crimes against children, crimes involving the illegal use of
				controlled substances, or crimes involving moral turpitude;
15. Not knowingly allow any individual who is
				a registered sex offender on the premises, except that a parent who is a
				registered sex offender may be allowed on the premises only to pick up and drop
				off his/her child;
16. Not engage
				in or have a history of behavior injurious to or which may endanger the health
				or morals of children; and
17.
				Immediately file a report with the Child Abuse-Neglect Hotline (
				1-800-652-1999) and/or appropriate local law enforcement agency when s/he has
				reason to believe child abuse, neglect, or sexual abuse may be occurring in the
				family child care home, in the child's home, or elsewhere.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 2 - FAMILY CHILD CARE HOME II › Section 391-2-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
The child care home must be maintained in a manner that is
				  safe, clean, and functional for child care. The following regulations apply to
				  all areas of the child care home used for child care.
007.01
Activity
				Space
:
The child care home must have space for children's
				  activities, napping, and free play. The child care activity space must:
1. Have furnishings to accommodate all
				activities and age-appropriate needs of all children in care;
2. Be available for all children;
				and
3. Have at least 35 square feet
				of activity space per child. Rooms not used for child care do not count in the
				square footage total.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 2 - FAMILY CHILD CARE HOME II › Section 391-2-008 - DENIAL AND DISCIPLINARY ACTIONS

Current through June 17, 2024
008.01
Grounds for Denial or
				Disciplinary Action:
The Department may deny the issuance of or take disciplinary
				  action against a license on any of the following grounds:
1. Failure to meet or violation of any of the
				requirements of the Child Care Licensing Act or the rules and regulations
				adopted and promulgated under the Act;
2. Violation of an order of the Department
				under the Act;
3. Conviction of, or
				substantial evidence of committing or permitting, aiding, or abetting another
				to commit, any unlawful act, including, but not limited to, unlawful acts
				committed by an applicant or licensee under the act, household members who
				reside at the place where the program is provided, or employees of the
				applicant or licensee that involve:
a.
				Physical abuse of children or vulnerable adults as defined in
Neb.
				Rev. Stat.
§
											28-371;
b. Endangerment or neglect of children or
				vulnerable adults;
c. Sexual abuse,
				sexual assault, or sexual misconduct;
d. Homicide;
e. Use, possession, manufacturing or
				distribution of a controlled substance listed in
Neb. Rev.
				Stat.
§
											28-405;
f. Property crimes, including, but not
				limited to, fraud, embezzlement, and theft by deception; and
g. Use of a weapon in the commission of an
				unlawful act;
4. Conduct
				or practices detrimental to the health or safety of an individual served by or
				employed at the program;
5. Failure
				to allow an agent or employee of the Department access to the program for the
				purposes of inspection, investigation, or other information collection
				activities necessary to carry out the duties of the Department;
6. Failure to allow state or local
				inspectors, investigators, or law enforcement offices access to the program for
				the purposes of investigation necessary to carry out their duties;
7. Failure to meet requirements relating to
				sanitation, fire safety, and building codes;
8. Failure to comply with or violation of the
				Medication Aide Act;
9. Failure to
				file a report of suspected abuse or neglect as required by
Neb.
				Rev. Stat.
§§
										28-372
				and
				28-711;
10. Violation of any city, village, or county
				rules, regulations, or ordinances regulating licensees; or
11. Failure to pay fees required under the
				Child Care Licensing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 3 - CHILD CARE CENTERS › Section 391-3-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
004.01
License Not
				Transferable:
A child care center license is not transferable or assignable
				  and is only valid at the address printed on the license.
004.02
Separate
				License:
An applicant for a child care center license must obtain a
				  separate license for each program the applicant seeks to operate.
1. A single license may be issued for a child
				care center operating in separate buildings or structures on the same premises
				under one licensee.
2. Multiple
				licenses may be issued for child care centers, preschools, and school-age-only
				centers operating on the same premises under multiple licensees.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 3 - CHILD CARE CENTERS › Section 391-3-005 - INSPECTIONS AND COMPLAINT INVESTIGATIONS

Current through June 17, 2024
To determine compliance with licensing regulations, the
				  Department will inspect child care center programs as provided under the
				  Nebraska Child Care Licensing Act.
005.01
Initial Licensure
				Inspection:
The Department will:
1. Schedule the date and time for the
				inspection visit with the applicant and/or the applicant's designee;
2. Conduct an on-site inspection to determine
				compliance with these regulations within 30 days of receipt of a completed
				application for a provisional license; and
3. Provide a preliminary copy of the
				compliance report to the applicant and/or the applicant's designee at the
				conclusion of the inspection.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 3 - CHILD CARE CENTERS › Section 391-3-006 - STANDARDS OF OPERATION AND CARE

Current through June 17, 2024
To provide adequate protection to children in care and to
				  comply with state law, a child care center must meet the following
				  standards.
006.01
Licensee
				Requirements:
The licensee must:
1. Ensure that the center is administered and
				managed appropriately;
2. Maintain
				compliance with all applicable state statutes and child care center
				regulations;
3. Permit announced
				and unannounced inspections by agency representatives during the hours of
				operation;
4. Either manage the
				day-to-day operations of the center or designate a director who is responsible
				for the day-to-day management of the center and define the duties and
				responsibilities of the director in writing; and
5. Ensure that the center has sufficient
				resources to provide a safe, healthy, and nurturing environment to all children
				enrolled in the center.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 3 - CHILD CARE CENTERS › Section 391-3-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
The center must be designed, constructed and maintained in a
				  manner that is safe, clean and functional for child care. The following
				  regulations apply to all areas of the center.
007.01
Activity
				Space:
The center must have space for children's activities,
				  napping, and free play. The activity space must:
1. Have furnishings to accommodate all
				activities and age-appropriate needs of all children in care;
2. Be available for all children;
				and
3. Have at least 35 square feet
				of activity space per child. Bathrooms, kitchen, isolation room, office,
				passageways, storage, or space occupied by cribs, cots, or built-in cabinets
				must not be considered when computing activity space.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 3 - CHILD CARE CENTERS › Section 391-3-008 - DENIAL AND DISCIPLINARY ACTIONS

Current through June 17, 2024
008.01
Grounds for Denial or
				Disciplinary Action:
The Department may deny the issuance of or take disciplinary
				  action against a license on any of the following grounds:
1. Failure to meet or violation of any of the
				requirements of the Child Care Licensing Act or the rules and regulations
				adopted and promulgated under the Act;
2. Violation of an order of the Department
				under the Act;
3. Conviction of, or
				substantial evidence of committing or permitting, aiding or abetting another to
				commit, any unlawful act, including, but not limited to, unlawful acts
				committed by an applicant or licensee under the Act, household members who
				reside at the place where the program is provided, or employees of the
				applicant or licensee that involve:
a.
				Physical abuse of children or vulnerable adults as defined in
Neb.
				Rev. Stat.
§
											28-371;
b. Endangerment or neglect of children or
				vulnerable adults;
c. Sexual abuse,
				sexual assault, or sexual misconduct;
d. Homicide;
e. Use, possession, manufacturing or
				distribution of a controlled substance listed in
Neb. Rev.
				Stat.
§
											28-405;
f. Property crimes, including, but not
				limited to, fraud, embezzlement, and theft by deception; and
g. Use of a weapon in the commission of an
				unlawful act;
4. Conduct
				or practices detrimental to the health or safety of an individual served by or
				employed at the program;
5. Failure
				to allow an agent or employee of the Department access to the program for the
				purposes of inspection, investigation, or other information collection
				activities necessary to carry out the duties of the Department;
6. Failure to allow state or local
				inspectors, investigators, or law enforcement offices access to the program for
				the purposes of investigation necessary to carry out their duties;
7. Failure to meet requirements relating to
				sanitation, fire safety and building codes;
8. Failure to comply with or violation of the
				Medication Aide Act;
9. Failure to
				file a report of suspected abuse or neglect as required by
Neb.
				Rev. Stat.
§§
										28-372
				and
				28-711;
10. Violation of any city, village, or county
				rules, regulations, or ordinances regulating licensees; or
11. Failure to pay fees required under the
				Child Care Licensing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 4 - SCHOOL-AGE-ONLY CENTERS › Section 391-4-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
004.01
License Not
				Transferable:
A school-age-only center license is not transferable or
				  assignable and is only valid at the address printed on the
				  license.
004.02
Separate License:
An applicant for a school-age-only center license must obtain
				  a separate license for each program that the applicant seeks to operate.
1. A single license may be issued for a
				school-age-only center operating in separate buildings or structures on the
				same premises under one licensee.
2. Multiple licenses may be issued for child
				care centers, preschools, and school-age-only centers operating on the same
				premises under multiple licensees.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 4 - SCHOOL-AGE-ONLY CENTERS › Section 391-4-005 - INSPECTIONS AND COMPLAINT INVESTIGATIONS

Current through June 17, 2024
To determine compliance with licensing regulations, the
				  Department will inspect school-age-only center programs as provided under the
				  Nebraska Child Care Licensing Act.
005.01
Initial Licensure
				Inspection:
The Department will:
1. Schedule the date and time for the
				inspection visit with the applicant and/or the applicant's designee;
2. Conduct an on-site inspection to determine
				compliance with these regulations within 30 days of receipt of a complete
				application for a provisional license; and
3. Provide a preliminary copy of the
				inspection report to the applicant and/or the applicant's designee at the
				conclusion of the inspection.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 4 - SCHOOL-AGE-ONLY CENTERS › Section 391-4-006 - STANDARDS OF OPERATION AND CARE

Current through June 17, 2024
To provide adequate protection to children in care and to
				  comply with state law, a school-age-only center must meet the following
				  standards.
006.01
Licensee
				Requirements:
The licensee must:
1. Ensure that the center is administered and
				managed appropriately;
2. Maintain
				compliance with all applicable state statutes and school-age-only center
				regulations;
3. Permit announced
				and unannounced inspections by agency representatives during the hours of
				operation;
4. Either manage the
				day-to-day operations of the center or designate a director who is responsible
				for the day-to-day management of the center and define the duties and
				responsibilities of the director in writing; and
5. Ensure that the center has sufficient
				resources to provide a safe, healthy, and nurturing environment to all children
				enrolled in the center.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 4 - SCHOOL-AGE-ONLY CENTERS › Section 391-4-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
The center must be designed, constructed and maintained in a
				  manner that is safe, clean, and functional for child care. The following
				  regulations apply to all areas of the center.
007.01
Activity
				Space:
The center must have space for children's activities,
				  napping, and free play. The activity space must:
1. Have furnishings to accommodate all
				activities and age-appropriate needs of all children in care;
2. Be available for all children;
				and
3. Have at least 35 square feet
				of activity space per child. Bathrooms, kitchen, isolation room, office,
				passageways, storage, or space occupied by cots or built-in cabinets must not
				be considered when computing activity space.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 4 - SCHOOL-AGE-ONLY CENTERS › Section 391-4-008 - DENIAL AND DISCIPLINARY ACTIONS

Current through June 17, 2024
008.01
Grounds for Denial or
				Disciplinary Action:
The Department may deny the issuance of or take disciplinary
				  action against a license on any of the following grounds:
1. Failure to meet or violation of any of the
				requirements of the Child Care Licensing Act or the rules and regulations
				adopted and promulgated under the Act;
2. Violation of an order of the Department
				under the Act;
3. Conviction of, or
				substantial evidence of committing or permitting, aiding or abetting another to
				commit, any unlawful act, including, but not limited to, unlawful acts
				committed by an applicant or licensee under the act, household members who
				reside at the place where the program is provided, or employees of the
				applicant or licensee that involve:
a.
				Physical abuse of children or vulnerable adults as defined in
Neb.
				Rev. Stat.
§
											28-371;
b. Endangerment or neglect of children or
				vulnerable adults;
c. Sexual abuse,
				sexual assault, or sexual misconduct;
d. Homicide;
e. Use, possession, manufacturing or
				distribution of a controlled substance listed in
Neb. Rev.
				Stat.
§
											28-405;
f. Property crimes, including, but not
				limited to, fraud, embezzlement, and theft by deception; and
g. Use of a weapon in the commission of an
				unlawful act;
4. Conduct
				or practices detrimental to the health or safety of an individual served by or
				employed at the program;
5. Failure
				to allow an agent or employee of the Department access to the program for the
				purposes of inspection, investigation, or other information collection
				activities necessary to carry out the duties of the Department;
6. Failure to allow state or local
				inspectors, investigators, or law enforcement offices access to the program for
				the purposes of investigation necessary to carry out their duties;
7. Failure to meet requirements relating to
				sanitation, fire safety and building codes;
8. Failure to comply with or violation of the
				Medication Aide Act;
9. Failure to
				file a report of suspected abuse or neglect as required by
Neb.
				Rev. Stat.
§
										28-372
				and
				28-711;
10. Violation of any city, village, or county
				rules, regulations, or ordinances regulating licensees; or
11. Failure to pay fees required under the
				Child Care Licensing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 5 - PRESCHOOLS › Section 391-5-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
004.01
License Not
				Transferable:
A preschool license is not transferable or assignable and is
				  only valid at the address printed on the license.
004.02
Separate
				License:
An applicant for a preschool license must obtain a separate
				  license for each program that the applicant seeks to operate.
1. A single license may be issued for a
				preschool operating in separate buildings or structures on the same premises
				under one licensee.
2. Multiple
				licenses may be issued for child care centers, preschools, and school-age-only
				centers operating on the same premises under multiple licensees.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 5 - PRESCHOOLS › Section 391-5-005 - INSPECTIONS AND COMPLAINT INVESTIGATIONS

Current through June 17, 2024
To determine compliance with licensing regulations, the
				  Department will inspect preschool programs as provided under the Nebraska Child
				  Care Licensing Act.
005.01
Initial Licensure Inspection:
The Department will:
1. Schedule the date and time for the
				inspection visit with the applicant and/or the applicant's designee;
2. Conduct an initial on-site inspection to
				determine compliance with these regulations within 30 days of receipt of a
				complete application for a provisional license; and
3. Provide a preliminary copy of the
				inspection report to the applicant and/or the applicant's designee at the
				conclusion of the inspection.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 5 - PRESCHOOLS › Section 391-5-006 - STANDARDS OF OPERATION AND CARE

Current through June 17, 2024
To provide adequate protection to children in care and to
				  comply with state law, a preschool must meet the following standards.
006.01
Licensee
				Requirements:
The licensee must:
1. Ensure that the preschool is administered
				and managed appropriately;
2.
				Maintain compliance with all applicable state statutes and preschool
				regulations;
3. Permit announced
				and unannounced inspections by agency representatives during the hours of
				operation;
4. Either manage the
				day-to-day operations of the preschool or designate a director who is
				responsible for the day-to-day management of the preschool and define the
				duties and responsibilities of the director in writing; and
5. Ensure that the preschool has sufficient
				resources to provide a safe, healthy, and nurturing environment to all children
				enrolled in the preschool.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 5 - PRESCHOOLS › Section 391-5-007 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
The preschool must be designed, constructed and maintained in
				  a manner that is safe, clean, and functional for a preschool program. The
				  following regulations apply to all areas of the preschool.
007.01
Activity
				Space:
The preschool must have space for children's activities, free
				  play, and quiet time. The activity space must:
1. Have furnishings to accommodate all
				activities and age-appropriate needs of all children in preschool;
2. Be available for all children;
				and
3. Have at least 35 square feet
				of activity space per child. Bathrooms, kitchen, isolation room, office,
				passageways, storage, or space occupied by built-in cabinets must not be
				considered when computing activity space.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 5 - PRESCHOOLS › Section 391-5-008 - DENIAL AND DISCIPLINARY ACTIONS

Current through June 17, 2024
008.01
Grounds for Denial or
				Disciplinary Action:
The Department may deny the issuance of or take disciplinary
				  action against a license on any of the following grounds:
1. Failure to meet or violation of any of the
				requirements of the Child Care Licensing Act or the rules and regulations
				adopted and promulgated under the Act;
2. Violation of an order of the Department
				under the Act;
3. Conviction of, or
				substantial evidence of committing or permitting, aiding or abetting another to
				commit, any unlawful act, including, but not limited to, unlawful acts
				committed by an applicant or licensee under the act, household members who
				reside at the place where the program is provided, or employees of the
				applicant or licensee that involve:
a.
				Physical abuse of children or vulnerable adults as defined in
Neb.
				Rev. Stat.
§
											28-371;
b. Endangerment or neglect of children or
				vulnerable adults;
c. Sexual abuse,
				sexual assault, or sexual misconduct;
d. Homicide;
e. Use, possession, manufacturing or
				distribution of a controlled substance listed in
Neb. Rev.
				Stat.
§
											28-405;
f. Property crimes, including, but not
				limited to, fraud, embezzlement, and theft by deception; and
g. Use of a weapon in the commission of an
				unlawful act;
4. Conduct
				or practices detrimental to the health or safety of an individual served by or
				employed at the preschool;
5.
				Failure to allow an agent or employee of the Department access to the program
				for the purposes of inspection, investigation, or other information collection
				activities necessary to carry out the duties of the Department;
6. Failure to allow state or local
				inspectors, investigators, or law enforcement offices access to the program for
				the purposes of investigation necessary to carry out their duties;
7. Failure to meet requirements relating to
				sanitation, fire safety and building codes;
8. Failure to comply with or violation of the
				Medication Aide Act;
9. Failure to
				file a report of suspected abuse or neglect as required by
Neb.
				Rev. Stat.
§
										28-372
				and
				28-711;
10. Violation of any city, village, or county
				rules, regulations, or ordinances regulating licensees; or
11. Failure to pay fees required under the
				Child Care Licensing Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 7 - RESIDENTIAL CHILD-CARING AGENCIES › Section 391-7-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensure of residential
				  child-caring agencies. The regulations are authorized by Nebraska Revised
				  Statute (Neb. Rev. Stat.) §§
									71-1924
				  to
				  71-1951.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 7 - RESIDENTIAL CHILD-CARING AGENCIES › Section 391-7-003 - LICENSING REQUIREMENTS AND PROCEDURES

Current through June 17, 2024
To receive a license, an applicant must submit a complete
				  application and meet the requirements for a license set out in statute and in
				  this chapter.
003.01
INITIAL APPLICATION REQUIREMENTS.
An applicant must submit the
				following documentation:
(1) Residential
				child-caring agency policies and procedures;
(2) Consent and Release of Information Form
				for the applicant if an individual or partnership, or for an executive director
				if a limited liability company or corporation, or governmental unit;
(3) Copies of criminal history record checks
				current within six months for the applicant if an individual or partnership, or
				for an executive director if a limited liability company or corporation, or
				governmental unit;
(4) Proof of
				adequate liability insurance or if self-insured sufficient funds to pay
				liability claims;
(5) A sketch,
				diagram, or blueprint of the facility showing the dimensions, arrangement of
				rooms, and how each room will be utilized;
(6) A copy of zoning approval from the
				relevant jurisdiction; and
(7)
				Proof of fire safety approval.
003.01(A)
PHYSICAL PLANT AND
				ENVIRONMENTAL REQUIREMENTS.
Before a license is issued sanitation
				and environmental requirements in this chapter must be met.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 7 - RESIDENTIAL CHILD-CARING AGENCIES › Section 391-7-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following requirements are applicable to all
				  licenses.
004.01
EFFECTIVE
				DATE AND TERM OF LICENSE.
A residential child-caring agency
				license will expire on March 31 of each calendar year.
004.02
LICENSE NOT TRANSFERABLE.
A license is issued only for the facility and person(s) named in
				the application and is not transferable or assignable.
004.03
OCCUPANCY.
A
				licensee must not serve more children at any time than the maximum occupancy
				for which the facility is permitted. Buildings must not exceed the maximum
				occupancy issued by the Fire Marshal or the Department's determination,
				whichever is less.
004.04
ALTERNATIVE COMPLIANCE.
To be considered for approval
				of a time limited alternative compliance with a regulation, the proposed
				alternative must be consistent with the overall intent and purposes of the
				regulation and protect the health, rights, safety, and well-being of all
				children in care.
004.04(A)
TERMS
				OF ALTERNATIVE COMPLIANCE.
An alternative compliance may be
				granted .
(i) To permit the applicant or
				licensee time to come into compliance; and
(ii) For a period of time as determined by
				the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 7 - RESIDENTIAL CHILD-CARING AGENCIES › Section 391-7-005 - STANDARDS OF OPERATION AND CARE

Current through June 17, 2024
The following requirements are applicable to all
				  licenses.
005.01
RESPONSIBILITIES OF THE LICENSEE.
Each license holder
				is responsible for the total operation of his or her or its agency or agencies,
				The responsibilities under the license include:
(A) Monitoring and implementing policies to
				assure the appropriate administration and management of the residential
				child-caring agency including a written policy mandating zero tolerance toward
				all forms of physical abuse, sexual abuse and sexual harassment and outlining
				the residential child-caring agency's approach to preventing, detecting, and
				responding to such conduct;
(B)
				Ensuring the residential child-caring agency's compliance with all applicable
				state statutes and regulations;
(C)
				Notifying the Department immediately of any issue of financial
				instability;
(D) Designating an
				executive director who is responsible for the day to day management and
				defining the responsibilities of the executive director;
(E) Ensuring the physical, mental, and
				psychosocial needs of all children cared for by the residential child-caring
				agency are met in accordance with each child's individualized needs;
				and
(F) Ensuring the reporting of
				suspected abuse or neglect as required by Neb. Rev. Stat. §§
										28-372
				and
				28-711.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 7 - RESIDENTIAL CHILD-CARING AGENCIES › Section 391-7-006 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
All buildings, including all detached buildings, for the
				  purpose of providing care to children must meet the following physical plant
				  standards.
006.01
WATER
				SUPPLY.
Have an accessible, adequate, safe, and potable supply of
				water for drinking, food preparation, hand washing, bathing, and laundry which
				is maintained and meets the following requirements:
(A) if drinking water is obtained from a
				source other than a public water supply system, the water must not contain
				contaminants that exceed the maximum contaminant levels set for nitrate, or
				total coliform for public water supply systems in 179 NAC
				2-002, and 179 NAC 3 or the lead
				action level set in 179 NAC 12. The licensee must report to the Department the
				results of ail tests that show the water contains contaminants that exceed a
				maximum contaminant or action level. The water supply must be tested annually
				and the tests results must be available for review upon request. If the water
				supply does not meet nitrate, total coliform bacteria and lead standards until
				the contaminants are lowered to acceptable levels the licensee must:
(i) Obtain water from a source approved by
				the Department; or
(ii) Purchase
				water from a commercial source.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 8 - CHILD-PLACING AGENCIES › Section 391-8-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern licensure of child-placing agencies.
				  The regulations are authorized by Nebraska Revised Statutes (Neb. Rev. Stat.)
				  §5
				  71-1924 to
				  71-1951.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 8 - CHILD-PLACING AGENCIES › Section 391-8-003 - LICENSING REQUIREMENTS AND PROCEDURES

Current through June 17, 2024
To receive a license, an applicant must submit a complete
				  application and meet the requirements for a license set out in statute and in
				  this chapter.
003.01
INITIAL APPLICATION REQUIREMENTS.
An applicant must submit the
				following documentation:
(A) Results of Child
				and Adult Abuse and Neglect Central Registry check, current within six months,
				for executive director;
(B)
				Results of criminal history record checks current within six months for the
				executive director; and
(C) Proof
				of adequate liability insurance or if self-insured of sufficient funds to pay
				liability claims.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 8 - CHILD-PLACING AGENCIES › Section 391-8-004 - GENERAL REQUIREMENTS

Current through June 17, 2024
The following requirements apply to ail licensees.
004.01
EFFECTIVE DATE AND TERM OF
				LICENSE.
A child-placing agency license will expire on September
				30 of each calendar year.
004.02
LICENSE NOT TRANSFERABLE.
A license is issued only
				for the premises and person(s) named in the application and is not transferable
				or assignable.
004.03
ALTERNATIVE COMPLIANCE.
To be considered for approval
				of a time-limited alternative compliance with a regulation, the proposed
				alternative must be consistent with the overall intent and purpose of the
				regulation and protect the health, rights, safety, and well-being of all
				children in care.
004.03(A)
TERMS
				OF ALTERNATIVE COMPLIANCE.
An alternative compliance may be
				granted:
(i) To permit the applicant or
				licensee time to come into compliance; and
(ii) For a period of time as determined by
				the Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 8 - CHILD-PLACING AGENCIES › Section 391-8-005 - STANDARDS OF OPERATION AND CARE

Current through June 17, 2024
The following requirements are applicable to all
				  licensees.
005.01
RESPONSIBILITIES OF THE LICENSEE.
The licensee of each
				agency must assume the responsibility for the total operation of agency. The
				licensee responsibilities include:
(A)
				Monitoring and implementing policies to ensure the appropriate administration
				and management of the agency;
(B)
				Ensuring the agency's compliance with all applicable state statutes and
				regulations;
(C) Notifying the
				Department immediately of any issues of financial instability;
(D) Designating an executive director who is
				responsible for the day to day management and defining the responsibilities of
				the executive director;
(E)
				Ensuring the physical, mental, and psychosocial needs of all children cared for
				by the agency are met in accordance with each child's individualized needs;
				and
(F) Ensuring the reporting of
				suspected abuse or neglect as required by Neb. Rev. Stat-§§
										28-372
				and
				28-711.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 391 - CHILDREN'S SERVICES LICENSING › Chapter 8 - CHILD-PLACING AGENCIES › Section 391-8-006 - PHYSICAL PLANT STANDARDS

Current through June 17, 2024
The premises of all child-placing agencies must be kept neat,
				  clean, and hazard free. There must be ample space for files and to meet
				  privately with applicants, parents, and children.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 1 - BACKGROUND AND GENERAL INFORMATION › Section 392-1-001 - DEFINITIONS

Current through June 17, 2024
For use within the Child Care Subsidy Program, the following
				  definitions apply:
001.01
APPLICANT.
An individual applying for child care
				subsidy benefits.
001.02
APPLICATION.
The action by which the individual
				indicates the desire to receive assistance by submission of an
				application.
001.03
APPLICATION SIGNATURE.
Applications may be signed in
				writing, telephonically, or by electronic signature.
001.04
CHILD CARE.
The provision of care:
(A) To children age 12
				or younger unless there is a special need;
(B) For on average of less than 12 hours per
				day;
(C) For compensation, either
				indirect or direct;
(D) On a
				regular basis; and
(E) By a person
				other than the child(ren)'s parents or guardians.
001.04(A) Home schooling, education programs,
				and preschool are not considered child care.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 1 - BACKGROUND AND GENERAL INFORMATION › Section 392-1-002 - INDIVIDUAL RIGHTS

Current through June 17, 2024
Individuals applying for or receiving subsidy benefits have
				  the following rights:
(A) Anyone who
				wishes to request and apply for assistance must be given the opportunity to do
				so. No one may be denied the right to apply;
(B) A hearing on any action or inaction with
				regard to an application, the amount of the assistance, or failure to act with
				reasonable promptness. The appeal must be filed in writing within 90 days of
				the action or inaction;
(C) Have
				the individual's information treated confidentially;
(D) Have the individual's civil rights
				upheld. No person may be subjected to discrimination on the grounds of his or
				her race, color, national origin, sex, age, disability, religion, or political
				belief; and
(E) Have the program
				requirements, rights and responsibilities, and benefits fully
				explained.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 1 - BACKGROUND AND GENERAL INFORMATION › Section 392-1-003 - INDIVIDUAL RESPONSIBILITIES

Current through June 17, 2024
Individuals applying for or receiving subsidy benefits are
				  required to:
(A) Provide complete and
				accurate information. State and federal law provide penalties of a fine,
				imprisonment, or both for persons found guilty of obtaining assistance or
				services for which the individual is not eligible by making false statements or
				failing to report promptly any changes in his or her circumstances;
(B) Complete an interview within 30 days of
				the date of application if notified that an interview is required;
(C) Cooperate with the Department or auditors
				during an audit;
(D) Pay the
				recipient's sliding fee to the provider;
(E) If the individual does not cooperate with
				providing information or fails to comply with individual responsibilities,
				services for the children may be denied or terminated; and
(F) While an individual is applying for or
				participating in the program, the Department may ask the individual to provide
				verification of the individual's circumstances or need for services. If the
				individual fails to provide requested information by the Department's deadline,
				the application may be denied or the services may be terminated.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-000 - Requests

Current through June 17, 2024
Any person may contact the local office by telephone, in
				  writing, by fax, by electronic transmission, or in person to obtain information
				  about child care, explore eligibility, or make arrangements to apply for
				  services for himself/herself or as a representative of another
				  person.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-001 - REQUESTS

Current through June 17, 2024
Any person may request information, explore eligibility, or
				  apply for the Child Care Subsidy program as an individual or a representative
				  of another person. Interested persons may contact the local office by
				  telephone, in writing, by fax, by email or electronic application, or in person
				  to obtain information about child care, explore eligibility, or make
				  arrangements to apply for services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-002 - REQUEST TIME LIMITS

Current through June 17, 2024
If the applicant does not keep appointments or cannot be
				  contacted within 30 days of the request for information or submitting an
				  application, the application is rejected.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-003 - APPLICATION

Current through June 17, 2024
A person wishing to apply for Child Care Subsidy assistance
				  must submit a completed and signed application.
003.01
INTERVIEW.
An
				interview is required to apply for child care services. The interview may be in
				person or telephonic.
003.02
VERIFICATION.
When the statements of the applicant are
				incomplete, unclear, or inconsistent, or when other circumstances in the
				particular case indicate further inquiry must be made, additional verification
				may be requested before eligibility is determined. Applicants and recipients
				are responsible for providing verification of information relating to
				eligibility. Verification may be supplied in person, through mail, or from
				another source, such as an employer.
003.03
ACTION ON
				APPLICATION.
If the applicant or a third party prevents an
				eligibility determination within 30 days, the application will be denied. The
				applicant has 60 days from the date of application to complete the application
				process without having to fill out a new application. Service is authorized
				once all eligibility criteria have been met.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-004 - ELEMENTS OF ELIGIBILITY

Current through June 17, 2024
In order to receive Child Care Subsidy, the family
				  must:
(A) Qualify as a
				family;
(B) Meet citizenship or
				alien status requirements for the child(ren);
(C) Qualify as residents;
(D) Not exceed income limits;
(E) Have a child within the age limit. Child
				care is available for children age 12 or younger. Children who turn age 13
				during their eligibility period remain eligible through the end of their
				eligibility period. Children age 18 or younger with special needs are eligible.
				The child's age must be verified in order to qualify for assistance;
(F) Have at least one of the allowed needs
				for service;
(G) Pay the sliding
				fee, if required;
(H) Use an
				approved provider;
(I) Agree to
				obtain immunizations for the child(ren); and
(J) Cooperate with the Child Support
				Enforcement Unit, unless the recipient shows good cause for failing or refusing
				to do so.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 392 - CHILD CARE SUBSIDY PROGRAM › Chapter 2 - ELEMENTS OF ELIGIBILITY › Section 392-2-005 - ELIGIBILITY REDETERMINATION

Current through June 17, 2024
All recipients must cooperate with eligibility
				  redeterminations. All requested documentation or information must be provided
				  by the recipient within 30 days of the date of the request.
005.01(A)
CHANGE IN
				STATUS.
A redetermination of eligibility is conducted when
				information is obtained about a change in a recipient's circumstances that may
				affect the recipient's eligibility.
005.01(B)
PERIODIC
				REDETERMINATION.
Recipient eligibility will be redetermined at
				least once every 18 months, but not more than once every 12 months.