391 Neb. Admin. Code, ch. 1, § 001

Current through September 17, 2024

Section 391-1-001 - SCOPE AND AUTHORITY

These regulations will become operative three months after their effective date. These regulations govern the licensing of family child care homes by the Department of Health and Human Services. Statutory authority for these regulations is in:

1. The Child Care Licensing Act ( Neb. Rev. Stat. §§ 71-1908 to 71-1923 );

2. The Child Protection Act ( Neb. Rev. Stat. §§ 28-710 to 28-727 );

3. The Clean Indoor Air Act ( Neb. Rev. Stat. §§ 71-5716 to 71-5734 );

4. The Quality Child Care Act ( Neb. Rev. Stat. §§ 43-2601 to 43-2625 );

5. Sex Offender Registration Act ( Neb. Rev. Stat. §§ 29-4001 to 29-4014 ); and

6.Neb. Rev. Stat. §§ 4-108 to 4-114.

The Child Care Licensing Act requires the Department to develop regulations establishing standards for the physical well-being, safety, and protection of children in programs licensed under the Act. The purposes of the Act are to provide statewide licensure standards for persons providing child care programs and to provide the Department with authority to coordinate the enforcement of standards on licensees. The standards ensure that programs are providing proper care for and treatment of the children served, and that the care and treatment are consistent with the children's physical well-being, safety, and protection.

The Child Protection Act authorizes the Department to use information in the state child abuse/neglect central register for purposes of licensing providers of child care programs, and the Clean Indoor Air Act addresses smoking in licensed child care programs.

The Quality Child Care Act requires the Department to develop regulations for mandatory training requirements for child care providers designed to meet the health, safety, and developmental needs of children and tailored to the needs of licensed providers. The Act states that the Legislature's intent is to encourage high-quality, affordable, and accessible child care services that are educationally and age-appropriate.

The Sex Offender Registration Act authorizes the disclosure of information to providers who serve children for the purpose of conducting confidential background checks for employment.

Neb. Rev. Stat. §§ 4-108 to 4-114 provide that no state agency or political subdivision of the State of Nebraska may provide public benefits to a person who is not lawfully present in the United States. A child care license is considered a public benefit.

001.01 These regulations apply to Family Child Care Home I's, which are licensed to provide a child care program in the licensee's residence to at least four but not more than eight children, except that a licensee may be approved to serve up to two additional school-age children during non-school hours if no more than two of the other children in care are under 18 months of age.

001.02 The following are exempt from mandatory licensure, but may be voluntarily licensed:

1. Any person who provides child care:

a. On an irregular, informal basis and with no established pattern of occurrence;

b. Without cost to the parents and who receives no form of compensation;

c. To three or fewer children at any one time, except by a person whose license has been suspended or revoked;

2. Recreation camps as defined in Neb. Rev. Stat. § 71-3101, a recreation facility, center, or program operated by a political or governmental subdivision pursuant to the authority provided in Neb. Rev. Stat. § 13-304;

3. Classes or services provided by a religious organization other than child care, preschools, or nursery schools;

4. A preschool program conducted in a school approved under Neb. Rev. Stat. § 79-318;

5. Programs operated or contracted by a public school district and subject to the rules and regulations of the State Department of Education under Neb. Rev. Stat. § 79-1104;

6. Services provided only to school-age children during the summer and other extended breaks in the school year;

7. Care provided only to children 13 years of age or older;

8. Care provided for less than two hours per week on average;

9. Foster care as defined in Neb. Rev. Stat. § 71-1901;

10. Care provided by grandparents to only their grandchildren;

11. Care provided on federal military installations;

12. Care provided on Indian reservations by Native Americans; or

13. Care provided by non-Native Americans on Indian reservations when tribal authorities have assumed jurisdiction for regulating the care.

391 Neb. Admin. Code, ch. 1, § 001