391 Neb. Admin. Code, ch. 3, § 003

Current through September 17, 2024

Section 391-3-003 - LICENSING REQUIREMENTS AND PROCEDURES

Any person intending to establish, operate, or maintain a child care center, unless exempt and not seeking voluntary licensure as provided in 391 NAC 3-001 and 391 NAC 3-002, 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 3.

003.01Provisional License:

Provisional licenses are issued to all newly licensed child care center programs. Provisional licenses are effective for one year.

3-003.01AApplication Requirements: An applicant for a provisional child care center 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, if an individual or an individual in a partnership, 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 if the center is to be located in a private residence;

4. Documentation of criminal history record checks for the applicant if an individual or an individual in a partnership, all staff and volunteers age 19 or older, all household members age 19 or older if the center is to be located in a private residence, and for the individual who will be the director of the center if the applicant is a limited liability company, a corporation, or a governmental unit (see 3-006.03A);

5. A Report of Law Enforcement Contact for the applicant, or for the individual who will be the director of the center if the applicant is a limited liability company, a corporation, or a governmental unit, all staff and volunteers age 19 or older, and household members age 19 or older if the center is to be located in a private residence (see 3-006.03C);

6. A Health Information Report for the director on a form provided by the Department (see 3-006.03F);

7. Documentation of director qualifications (see 3-006.04);

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

9. Copies of zoning approval from the relevant jurisdiction;

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

11. A Sanitation Inspection Approval issued by the Department or delegated authority;

12. A written description of services;

13. A sample daily schedule for each age group in care;

14. A sample weekly menu of snacks and/or meals;

15. The planned occupancy date; and

16. The required licensing fee (see 3-004.08).

3-003.01BDenial of Provisional License: See 3-008 for grounds on which the Department may deny a provisional license.

3-003.01CExtension 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.

3-003.01DExpiration 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 License:

Operating licenses are standard, non-expiring licenses issued to child care center programs that have been licensed 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.

3-003.02AApplication Requirements: An applicant for an operating child care center 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, if an individual or an individual in a partnership, 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 Report of Law Enforcement Contact for the applicant, all staff and volunteers age 19 or older, and all household members age 19 or older if the center is located in a private residence (see 3-006.03B);

4. Verification of director qualifications; (see 3-006.14A); and

5. The required licensure fee (see 3-004.08).

3-003.02BDenial of an Operating License: See 3-008 for grounds on which the Department may deny an operating license.

003.03Change of Ownership:

Child care licenses are not transferable or assignable. A change of ownership terminates the license. The new owner must apply for a license.

3-003.03A Change of ownership includes the sale or transfer of the ownership or control of a child care center to a person other than the current licensee.

Change of ownership does not include a change of name or location of the child care center.

3-003.03BRequirements of New Owner: If there is a change of ownership and the child care center remains on the same premises, the new owner must apply for a provisional license as required in 3-003.01A, except that:

1. Criminal history record checks, Reports of Law Enforcement Contact, and Health Information Reports are required only for new employees who have not already submitted or completed these documents; and

2. A sketch, diagram, or blueprint of the facility, a written description of services, and a sample daily schedule are required only when the new owner changes the use of the facility and/or changes the description of services or the daily schedule.

3-003.03CMergers: If there is a change of ownership based on the merger of a parent and subsidiary company, affiliated businesses, or governmental units, and the child care center remains on the same premises, the new owner must submit:

1. A Full Disclosure of Ownership Statement on a form provided by the Department; and

2. An application for a child care center license.

3-003.03DDenial of License: See 3-008 for grounds on which the Department may deny a license.

003.04Temporary 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 any disciplinary action, investigation of alleged non-compliance with regulations, or outstanding non-compliance; and

5. Pay license fees during the period as specified in 3-004.08.

3-003.04A 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.

3-003.04B No routine fire safety, sanitation, or Department inspections will be conducted during the period of ceased operation.

3-003.04C The period of ceased operation may be extended beyond the one-year limit if the licensee shows a reasonable cause.

3-003.04DReinstatement: A child care center 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 or sanitation inspection is needed to determine compliance with regulations.

003.05Negative 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 3-008.) 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.

3-003.05A Licensing Agreement

3-003.05A1Determining Need for a 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 regulations does not present an unreasonable risk to the health, safety, or well-being of children or staff.

3-003.05A2The Licensing Agreement must:

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

2. Identify regulation violation(s);

3. Identify conditions agreed to by the licensee or director to correct any identified issue and to maintain compliance with licensing regulations;

4. Be signed by the licensee or designee, with permission of the licensee; and

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

3-003.05BCorrective Action Status: The Department may place a provisional or operating 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.

3-003.05B1 The written plan of correction must:

1. Identify the issue(s) of concern;

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

3. Include timelines; and

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

3-003.05B2 The Department may discipline the license if the written plan of correction is not approved.

003.06Voluntary 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 the license if the licensee is under investigation or if the Department has initiated disciplinary action against the license. If the Department accepts the surrender, the licensee must return the license to the Department within one week of the surrender.

3-003.06AReapplication for an Operating License Less Than One Year AfterVoluntary Surrender: A licensee who voluntarily surrendered a child care center operating license less than one year before the date of reapplication may reapply for an operating license. The licensee must meet the requirements of 3-003.02A.

3-003.06BReapplication One Year or More After Voluntary Surrender: A licensee who voluntarily surrendered a child care center provisional or operating license one year or more before the date of reapplication must reapply for a provisional license. The applicant must meet the requirements of 3-003.01A.

003.07Permanent Closure:

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

391 Neb. Admin. Code, ch. 3, § 003