391 Neb. Admin. Code, ch. 1, § 005

Current through September 17, 2024

Section 391-1-005 - INSPECTIONS AND COMPLAINT INVESTIGATIONS

To determine compliance with licensing regulations, the Department will inspect Family Child Care Home I programs as provided under the Child Care Licensing Act and the Quality Child Care Act

005.01Sixty-Day Inspection

The Department will conduct an unannounced inspection within 60 days of the issuance of a provisional, operating, or amended FCCH-I license.

005.02Annual License Inspection

The Department will conduct an unannounced inspection each year to assess compliance with licensing regulations.

005.03Follow-Up Inspection

The Department may conduct a follow-up inspection to determine if the licensee has corrected all violations and to determine full compliance with regulations following any type of inspection. If conducted, the follow-up inspection will:

1. Occur no later than 60 days after the original inspection, or sooner if the licensee requests or if the violation needs to be corrected immediately; and

2. Be unannounced unless the program is closed.

005.04Monitoring Inspection

The Department may conduct unannounced monitoring inspections to determine compliance with regulations and the conditions of any negative action or discipline.

005.05Inspection Results

1. The Department will provide a copy of the compliance report to the child care program within ten working days after completion of an inspection.

2. When the Department finds the applicant or licensee has complied substantially, but has failed to comply fully with all regulations, the applicant or licensee may request an alternative compliance (see 1-004.03).

3. When the Department finds that the applicant or licensee has complied substantially but has failed to comply fully with all regulations and the failure(s) would not pose an imminent danger of death or serious harm, the Department may:

a. Allow the applicant or licensee a period of time to correct all the violations; or

b. Initiate negative action or discipline if the applicant or licensee fails to correct all violations within the time frame given by the Department or has a history of violating the same or similar regulations at previous inspections.

4. When the Department finds that the applicant or licensee has failed to meet the regulations, the Department may initiate negative action or discipline or require the applicant or licensee to make all corrections at the time of inspection. If compliance cannot be achieved immediately, the Department may allow a reasonable period of time after the inspection was conducted to make corrections.

005.06Complaint Investigations

The Department will investigate any licensed child care home after receiving an allegation of violation of licensing regulations.

1. The Department will accept complaints from anyone who witnessed a violation or a parent/guardian of a child who witnessed a violation.

2. The Department will accept complaints via telephone, letter, fax, electronically, or in person.

3. The identity of a complainant is not public information.

4. Only if found to be credible by the Department can such an allegation or complaint result in any negative action or discipline.

005.07Complaint of Allegedly Improper Unlicensed Care

The Department will investigate any complaint of a person allegedly providing child care without an appropriate license. The Department will accept complaints from anyone via telephone, letter, fax, or electronically. The identity of a complainant is not public information.

The Department may request enforcement by the Attorney General or the appropriate County Attorney if a person continues to provide a child care program without a license.

005.08Inspection by Other Entities

1-005.08AFire Inspection: The Department will make a fire inspection referral when:

1. An application is received for an initial Family Child Care Home I license;

2. There is a change in address;

3. The licensee is using areas of the home that were not approved for the care of children;

4. There is a change in hours to include overnight care;

5. There is a complaint specific to fire safety issues; or

6. Department staff observe conditions that may endanger the health or safety of children in care.

1-005.08BSanitation Inspection: The Department will make a sanitation inspection referral when:

1. There is a complaint specific to sanitation issues; or

2. Department staff observe conditions that may endanger the health or safety of children in care.

391 Neb. Admin. Code, ch. 1, § 005