391 Neb. Admin. Code, ch. 3, § 005

Current through September 17, 2024

Section 391-3-005 - INSPECTIONS AND COMPLAINT INVESTIGATIONS

To determine compliance with licensing regulations, the Department will inspect child care center programs as provided under the Nebraska Child Care Licensing Act.

005.01Initial 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.

005.02Provisional-to-Operating License Inspection:

The Department will:

1. Conduct an unannounced on-site inspection to determine compliance with these regulations;

2. Conduct the inspection within 30 days of receipt of a completed application for an operating license;

3. Provide a preliminary copy of the compliance report to the applicant and/or designee at the conclusion of the inspection; and

4. Document any violations of these regulations determined at the inspection.

005.03Annual and Semi-Annual License Inspections:

To determine compliance with licensing regulations, the Department will conduct unannounced inspections:

1. A minimum of once each year of child care centers licensed for 29 or fewer children; and

2. A minimum of twice each year to child care centers licensed for 30 or more children.

005.04Follow-Up Inspections:

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 the violation needs to be corrected immediately; and

2. Be unannounced unless the program is closed.

005.05Monitoring Inspections:

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

005.06Inspection 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 that 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 3-004.05).

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.

005.07Complaint Investigations:

The Department will investigate any licensed child care center 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.

005.08Complaints 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.

005.09Inspections by Other Entities:

3-005.09AFire Inspection: The Department will make a fire inspection referral when:

1. An application is received for an initial child care center license;

2. Every two years following the initial fire inspection;

3. The center requests to use space that was not previously approved for use;

4. There is a change in address;

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.

3-005.09BSanitation Inspection: The Department will make a sanitation inspection referral when:

1. An application is received for an initial child care center license;

2. Every two years following the initial sanitation inspection, unless the center is located in a health care facility or school that receives more frequent sanitation inspections;

3. The center requests to use space that was not previously approved for use;

4. There is a change in address;

5. There is a complaint specific to sanitation issues; and/or

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

391 Neb. Admin. Code, ch. 3, § 005