391 Neb. Admin. Code, ch. 1, § 003

Current through September 17, 2024

Section 391-1-003 - LICENSING REQUIREMENTS AND PROCEDURES

Any person intending to establish, operate, or maintain a Family Child Care Home I must first obtain a license from the Department. An applicant must show that the child care program meets all licensing requirements contained in these regulations, 391 NAC 1.

003.01 Provisional License

Provisional licenses are issued to all newly licensed Family Child Care Home I programs. Provisional licenses are effective for one year.

1-003.01A Application Requirements: An applicant for a provisional Family Child Care Home I license must submit:

1. A complete, accurate, written and signed application and disclosure of ownership on a form provided by the Department, which contains all information required and authorized by the Child Care Licensing Act;

2. For the purpose of complying with Neb. Rev. Stat. §§ 4-108 to 4-114, an attestation that s/he is a U.S. citizen or a qualified alien lawfully present in the U.S. The applicant must provide his/her immigration status and alien number, and agree to provide a copy of his/her USCIS documentation upon request;

3. Consent for central registry checks and authorization for release of information for the applicant, all staff and volunteers age 13 or older, and all household members age 13 or older;

4. Documentation of a criminal history record check for the applicant, all staff and volunteers age 19 or older, and all household members age 19 or older (see 1-006.02A);

5. A Report of Law Enforcement Contact for the applicant, all staff and volunteers age 19 or older, and all household members age 19 or older (see 1-006.02C);

6. A Health Information Report for the applicant on a form provided by the Department (see 1-006.02F);

7. Documentation of completed CPR/First Aid training (see 1-006.04F);

8. Documentation of completed pre-service orientation training by the Department;

9. A sketch, diagram, or blueprint of the facility showing the dimensions, arrangement of rooms to be used by the children, and outdoor play area;

10. Copies of zoning approval from the relevant jurisdiction;

11. The $25 licensing fee (see 1-004.06);

12. A completed Rules Compliance Checklist; and

13. Documentation that the applicant resides at the address on the application for licensure.

1-003.01BDenial of Provisional License: See 1-008 for grounds on which the Department may deny a provisional license.

1-003.01CExtension of Provisional License: The Department may extend a provisional license once for a period no longer than six months. The Department's decision regarding extension of a provisional license may not be appealed . A provisional license may be extended if the Department determines:

1. The provisional licensee is unable to comply with all licensure requirements and standards, is making a good faith effort to comply, and is capable of compliance within the next six months;

2. The effect of the current inability to comply with a rule or regulation does not present an unreasonable risk to the health, safety, or well-being of children or staff; and

3. The licensee has a written plan of correction that has been approved by the Department which is to be completed within the extension period.

1-003.01DExpiration of Provisional License: The Department will send a notice of expiration to the licensee no later than 90 days before the date of expiration.

1. If a provisional licensee does not submit a complete application for an operating license on or before the expiration date, the provisional license expires.

2. If the former licensee submits a complete application and is in compliance with all regulations within 90 days after expiration, the Department will issue an operating license effective when issued.

3. If the former licensee submits an application more than 90 days after expiration, the Department will process the application as a provisional license application.

003.02Operating Licenses

Operating licenses are standard, non-expiring licenses that are issued to Family Child Care Home I programs that have been in operation for more than one year and are in full compliance with all regulations. Licensees must have completed one full year with a provisional license with satisfactory compliance with all regulations before qualifying for an operating license.

1-003.02AApplication Requirements: An applicant for a Family Child Care Home I operating license must submit:

1. A complete, accurate, written and signed application and disclosure of ownership on a form provided by the Department, which contains all information required and authorized by the Child Care Licensing Act;

2. For the purpose of complying with Neb. Rev. Stat. §§ 4-108 to 4-114, an attestation that s/he is a U.S. citizen or a qualified alien lawfully present in the U.S. The applicant must provide his/her immigration status and alien number, and agree to provide a copy of his/her USCIS documentation upon request;

3. A Health Information Report for the applicant on a form provided by the Department (see 1-006.02F);

4. A Report of Law Enforcement Contact for the applicant, all staff and volunteers age 19 or older, and all household members age 19 or older (see 1-006.02C);

5. Documentation of annual training hours completed during the provisional year;

6. A completed Rules Compliance Checklist;

7. A Fire Inspection Approval issued by the appropriate fire marshal's office; and

8. The $25 licensing fee (see 1-004.06).

1-003.02BDenial of Operating License: See 1-008 for grounds on which the Department may deny an operating license.

003.03Temporary and Voluntary Cease of Operation

A licensee may request to voluntarily cease operation of the child care program for a period of up to one year. The licensee must:

1. Have attained an operating license;

2. Intend to re-open the child care program at the same location;

3. Not serve any children during the period of ceased operation;

4. Not be the subject of an investigation of alleged non-compliance with regulations, or outstanding non-compliance; and

5. Pay license fees during the period as specified in 1-004.06.

1-003.03A If the licensee is the subject of any negative or disciplinary action, the period of ceased operation does not count toward the period of negative or disciplinary action.

1-003.03B No routine fire safety, sanitation, or Department inspections will be conducted during the period of ceased operation.

1-003.03C The period of ceased operation may be extended beyond the one-year limit if the licensee shows a reasonable cause.

1-003.03DReinstatement: A Family Child Care Home I licensee may request reinstatement after a period of ceased operation by submitting an application at least 30 days before the scheduled re-opening date. The Department will review the application and decide if additional information, an on-site inspection, or a fire safety inspection is needed to determine compliance with regulations.

003.04Negative Actions

The Department may initiate a negative action when a licensee is not in compliance with regulation but the violation does not rise to the level of a disciplinary action. (Disciplinary actions are described in 1-008.) Negative actions are voluntary and are not appealable. The Department may conduct unannounced monitoring inspections of licensees under negative action. If a licensee does not agree to the terms of the negative action, the Department may initiate a disciplinary action. The two types of negative action are a Licensing Agreement and Corrective Action Status, described as follows.

1-003.04A Licensing Agreement: The Department may request a written licensing agreement if:

1. The licensee is unable to comply with all licensure requirements and standards or has a history of noncompliance; and

2. The effect of noncompliance with any rule or regulation does not present an unreasonable risk to the health, safety, or well-being of children or staff.

1-003.04A1 The licensing agreement must:

1. Identify the length of time the Department has determined the agreement will be in effect;

2. Identify violations of regulations;

3. Identify conditions the licensee has agreed to in order to correct any identified issue and to maintain compliance with licensing standards;

4. Be signed by the licensee; and

5. Be witnessed by a notary public, Department staff, or non-relative of the licensee.

1-003.04B Corrective Action Status: The Department may place a provisional or operating child care license on Corrective Action Status for up to six months if:

1. The licensee is unable to comply with all licensure requirements and standards or has a history of noncompliance;

2. The effect of noncompliance with any rule or regulation does not present an unreasonable risk to the health, safety, or well-being of children or staff; and

3. The licensee has a written plan of correction that has been approved by the Department.

1-003.04B1 The written plan of correction must:

1. Identify the issue(s);

2. Identify who is responsible for corrections and maintenance of compliance;

3. Include timelines; and

4. Specify the information to be provided to the Department.

1-003.04B2 The Department may discipline the license if the written plan of correction is not approved.

003.05Voluntary Surrender of a License

A licensee may voluntarily surrender a license issued under the Child Care Licensing Act at any time, except that the Department may refuse to accept a voluntary surrender of a license if the licensee is under investigation or if the Department has initiated disciplinary action against the licensee. If the Department accepts the surrender, the licensee must return the license to the Department within one week of the surrender.

1-003.05AReapplication for an Operating License Less Than One Year AfterVoluntary Surrender: An individual who voluntarily surrendered an FCCH I operating license less than one year before the date of reapplication may reapply for an operating license. The individual must meet the requirements of 1-003.02A.

1-003.05BReapplication One Year or More After Voluntary Surrender: An individual who voluntary surrendered an FCCH-I provisional or operating license one year or more before the date of reapplication must reapply for a provisional license. The individual must meet the requirements of 1-003.01A.

003.06Permanent Closure

When a program is to be permanently closed, the licensee must return the license to the Department within one week of closing.

391 Neb. Admin. Code, ch. 1, § 003