Section 395-3-003 - FOSTER CARE LICENSES003.01DURATION AND SPECIFICATIONS. A foster care license issued to an applicant is effective for two years and will identify the ages of children to be fostered, the number of children for whom the home is licensed and the location of the licensed home.003.02LIMIT OF ONE LICENSE. Only one foster care license can be issued for an address.003.03AGE OF MAJORITY. To be licensed for Foster Care, an applicant must be the age of majority.003.04FUNCTIONAL LITERACY. At least one applicant must have Functional Literacy.003.05MARRIED APPLICANT. If legally married, each spouse will be identified on the foster care licensed and each spouse must meet all requirements of this chapter.003.06MAXIMUM NUMBER OF PERSONS FOR WHOM CARE CAN BE PROVIDED. A foster parent may provide care for adults and children, including foster children and children related by blood, marriage or adoption, according to the following maximum placement limits. The Department will not consider Foster Care youth residing in a foster home as household members for purposes of Foster Care licensing. 003.06(A)HOMES WITH TWO LICENSED FOSTER PARENTS. No more than six children may reside in a home with two licensed foster parents. No more than four children under age six may reside with two licensed foster parents.003.06(B)HOMES WITH ONE LICENSED FOSTER PARENT. No more than four children may reside in a home with one licensed foster parent. No more than two children under age six may reside with one licensed foster parent.003.06(C)EXCEPTION. The Department, in its discretion, may allow a home to exceed the established maximum placement limits when doing so is in the best interest of each child in the home. This exception may only be used to allow: (1) A parenting youth in foster care to remain in placement with a son or daughter of the parenting youth;(2) Siblings to remain together;(3) A child with an established meaningful relationship with the family to remain with the family; or(4) A family with special training or skills to provide care to a child who has a severe disability.003.06(D)CALCULATING MAXIMUM PLACEMENT LIMIT. The applicable maximum placement limits apply to all children and adults in the home for whom the foster parents provide 24 hour care and supervision.003.07REQUIRED NOTICE. Foster families will notify the Department within three business days when there is a change to the individuals residing in the home.003.08APPLICATION. To be eligible for a foster care license, an individual must submit a completed application as set forth in this chapter. 003.08(A)INITIAL LICENSING APPLICATION PACKET. The initial licensing application packet must include the completed:(1) Department approved application form;(2) References as required by this chapter;(3) Department approved health information form;(4) Home Study as required by this chapter;(5) Background checks as required by this chapter;(6) Department approved compliance checklist; and(7) Verification of pre-service training as required by this chapter.003.08(A)(i)COMPLETE APPLICATION. If an applicant fails to provide the completed licensing application, or fails to cooperate in the licensing process, the application for a license will be denied. If the Department determines an application is incomplete or inaccurate information is provided, the Department may request additional information from the applicant instead of issuing an immediate denial of the license. Applications that remain incomplete for three months or longer will be denied.003.08(A)(ii)HEALTH INFORMATION. Each household member of the age of majority who will provide care for a foster child, including each applicant, must provide health information to document that she or he is physically and mentally capable of caring for children. For purposes of the initial license, the health information must include the signature of a Medical Professional. For purposes of license renewal, a self-certifying report without the signature of a Medical Professional is acceptable.003.08(A)(ii)(1)PRESCRIBED MEDICATIONS. If the Foster Care applicant is taking prescribed medications, the applicant must list the prescribed medications on the health information report.003.08(A)(ii)(2)REQUEST FOR ADDITIONAL HEALTH INFORMATION. If the health information report indicates that an applicant has a potential health related issues that could impact the applicant's ability to safely care for children, the Department may require the applicant to provide additional documentation.003.08(A)(ii)(3)COST OF HEALTH INFORMATION REPORT OR EXAM. If a physical exam or medical appointment is necessary in order for the applicant to obtain a health information report or additional information, the Department will not pay for the costs of the examination or medical appointment unless the applicant is applying for a Relative Foster Care License. Whether the Department will pay for a relative's examination or report will be determined at the sole discretion of the Department on a case by case basis.003.08(A)(ii)(4)DENIAL OF LICENSE. If the applicant does not supply the requested health information report or additional documentation, the license application will be denied. If the applicant provides inaccurate or false information, the license application will be denied.003.08(A)(iii)REFERENCES. For purposes of the initial license application, each applicant must provide the names and contact information of at least three individuals who can attest to the capability of the applicant to care for a child. At least one reference must be from a relative of the applicant and at least two references must be from a non-relative.003.08(A)(iv)BACKGROUND CHECKS. The applicant and all other members of the household 18 years of age and older will submit background checks prior to licensing. Each individual living in the home on whom a background check will be performed will sign the authorization form granting the Licensing Agent permission to perform the background checks and obtain the results. The authorization must include all previous known names, including maiden names and aliases. The release of information must be signed by the parent or guardian for any child under the age of 19. Any foster children residing in the household are not subject to these background check requirements. The following background checks will be conducted:(1) State Central Register or Registry of child protection for any state in which the applicant has lived within the past 5 years;(2) Nebraska Adult Protective Services Central Registry;(3) Appropriate local law enforcement agency;(4) Sex Offender Registry for any state in which the applicant has lived within the past 5 years;(5) State-level criminal history; and(6) Fingerprint-based National Criminal History Check.003.08(A)(v)ACTION BASED ON BACKGROUND CHECK RESULTS. If the prospective foster parent has a criminal history is on a state's central registry for child protection, the Department will determine licensing eligibility, based on the following criteria:003.08(A)(v)(1)INELIGIBLE. A prospective foster parent is ineligible to receive a Foster Care license if background checks results indicate either of the following:(a) The prospective foster parent has been convicted of a felony involving abuse or neglect of a child, spousal abuse, a crime against a child or children, including child pornography, or a crime of violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or(b) The prospective foster parent is identified as a perpetrator on a Central Registry or equivalent in any state.003.08(A)(v)(2)INELIGIBLE FOR FIVE YEARS. A prospective foster parent convicted of a felony involving physical assault, battery, or a drug-related offense is ineligible to provide Foster Care for five years after the date of conviction.003.08(A)(v)(3)ELIGIBLE AT DEPARTMENT'S DISCRETION. If a prospective foster parent has been convicted of a crime or crimes that do not otherwise result in ineligibility, the Department will review the facts and circumstances of the convictions to determine whether the person is eligible to provide Foster Care.003.08(A)(v)(4)CHANGE IN HOUSEHOLD MEMBERS. When the Department is notified that there is a change individuals residing in the home, the Department may require any individual age 18 or older to submit to the background checks set forth in this section. If any individual age 18 or older is ineligible to receive a foster care license pursuant to this section, the Department may initiate a licensing action.003.08(A)(vi)COMPLIANCE CHECKLIST. Prior to licensure, renewal, or a license amendment, the Licensing Agent completes a Department approved compliance checklist. In order to complete the checklist for licensure or re-licensure, the Licensing Agent must make an on-site visit to the home. The home to be licensed must meet all criteria set forth in the compliance checklist or a license will be denied or may be revoked. 003.08(A)(vi)(1)ENVIRONMENTAL REQUIREMENTS. In order for a foster license to be issued, the home must meet all the environmental requirements of this section. 003.08(A)(vi)(1)(a)BEDROOMS. Bedrooms or sleeping areas meet the following criteria:(i) Each child is provided with a bed, bedding, and a place to store his or her belongings;(ii) No person over the age of majority may co-sleep or bed share with any person under the age of majority; and(iii) When required by the placing agency or the Department, the applicant will provide separate bedrooms for children of opposite sexes.003.08(A)(vi)(1)(b)FREE FROM INFESTATION. The home must be free from rodents and insect infestation.003.08(A)(vi)(1)(c)WATER SUPPLY. The Licensing Agent will verify that the foster home has a continuous supply of safe drinking water and that the water supply meets one of the following criteria: (i) The Water supply is from a private well, and has been tested for bacteria and nitrates and approved at initial application and annually thereafter by a lab certified by the Department; or(ii) The water comes from a municipal source.003.08(A)(vi)(1)(d)FIRE SAFETY FOR LICENSED FOSTER HOMES. The Licensing Agent will verify that the home has: (i) At least two exits on grade level;(ii) At least two means of escape from every level of the home that is used for sleeping;(iii) Operable smoke detectors, maintained according to manufacturer's recommendations, which are located on each level of the home. For bedrooms located below grade level and used by foster children, the detectors must be single station approved detectors; and(iv) At least one operable carbon monoxide detector on each level of occupancy of the home.003.08(A)(vi)(1)(e)PETS. The Licensing Agent will verify the following for any pet in the home:(i) That the pet is licensed in accordance with the applicable state, local or tribal law;(ii) That the pet is current on any necessary or required vaccinations; and(iii) That the pet has no history of aggression.003.08(A)(vi)(1)(f)OUTDOOR RECREATIONAL AREA. The Licensing Agent will verify that the grounds are clean, well-drained, and hazard-free. 003.08(A)(vi)(1)(f)(i)OUTDOOR SWIMMING POOLS. All outdoor swimming pools, hot tubs or spas filled with more than one foot of water must meet the following requirements: (1) The portion of the yard where the swimming pool, hot tub or spa is located must have a fence on all sides equipped with a safety device, such as a bolt lock;(2) If the swimming pool cannot be emptied after each use, the pool must be equipped with a working pump and filtering system; and(3) Hot tubs and spas must have safety covers that are locked when not in use.003.08(A)(vi)(1)(g)WASTE DISPOSAL. The Licensing Agent will verify that: (i) Garbage that is stored outside the home is stored in containers and disposed of regularly; and(ii) An appropriate sewer or septic system is used.003.08(A)(vi)(1)(h)ALTERNATIVE COMPLIANCE. The Department may approve a request of an applicant to comply with the licensing standard in a different way from what is stated. The applicant must submit the request to the Department in writing prior to a licensing determination being made. The applicant will resubmit the alternative compliance request to the Department each time a license is to be issued, amended, renewed, or reinstated. 003.08(A)(vi)(1)(h)(i)ALTERNATIVE COMPLIANCE WITH FIRE SAFETY AND WASTE DISPOSAL. The Licensing Agent will submit all alternative compliance requests regarding fire safety or waste disposal requirements to the state or local fire authority or to the state or local health department for a decision on suitability of the suggested alternative.003.08(A)(vi)(2)TRAINING. The applicant completes training as follows: (i) For an initial license, the applicant must complete 21 hours of the Department-approved pre-service training, with such training being completed prior to licensure and within the 12 months immediately prior to licensure;(ii) For a license renewal, the licensee must complete 12 hours of the Department approved in-service trainings annually within the effective dates of his or her license to be renewed;(iii) All foster parents receive training relating to the Reasonable and Prudent Parent Standard that meets the requirements of Nebraska Revised Statute 43-4707; and(iv) All foster parents receive training on recognizing human trafficking, including recognizing sex trafficking and labor trafficking as required by Neb. Rev. Stat. § 43-4707.003.08(A)(vi)(2)(a)ACTIVITIES COUNTED AS TRAINING. If a foster parent wishes to have a course or activity counted toward the in-service training requirements, the activity or course must be submitted to the Department for review and may only be counted towards the training hours if the Department gives written approval. The Department retains the discretion to determine which activities and courses will be approved for training credit.003.08(A)(vi)(2)(b)DOCUMENTATION. The applicant will provide written documentation of the training received.003.08(A)(vii)HOME STUDY. The Home Study must be completed in the Department approved format. The individual preparing the home study must complete at least one scheduled on-site visit to assess the home. The Home Study will include information on the physical and mental health history, including any history of drug or alcohol abuse or treatment, for any household member of the age of majority who will be providing care for the child. The Licensing Agent will submit a completed Home Study regarding the applicant to the Department as a part of the licensing application packet.003.09AMENDING A LICENSE. A Foster Care license may be amended upon the written request of the foster parent if the requirements of this section are met. 003.09(A)CHANGE OF ADDRESS. When the foster parent requests to the change the address on the Foster Care license, a new department approved application form must be submitted to the Department and a compliance checklist must be completed for the new residence along with an updated home study. A license will not be amended if all licensing requirements are not met.003.09(B)MAXIMUM NUMBER OF CHILDREN. When the foster parent requests to change the number of children for whom care can be provided, the license may be amended if the Department determines that the requested change is in compliance with the requirements of this chapter.003.09(C)TIME PERIOD. Amending a license does not change the end date of the original license.003.10EXTENDING A LICENSE. A current foster care license can be extended for 90 days when the licensee has submitted a completed renewal application packet to the Department prior to the expiration of current license. A provisional license cannot be extended.003.11RENEWAL OF LICENSE. In order for renewal of a license to occur, all licensing requirements and processes applicable to the original license are to be completed, unless specified otherwise in this chapter. 003.11(A)APPLICATION FOR A RENEWAL LICENSE. The application for license renewal includes the following completed items:(i) Department approved application form;(ii) Department approved compliance checklist;(iv) Health information form;(v) Ongoing training verification; and(vi) Signed Home Study Addendum.003.12PROVISIONAL LICENSE. The Department may issue a time-limited, nonrenewable provisional license to an applicant who is unable to comply with all licensure requirements and standards, but has a documented plan to comply with the requirements, and is capable of compliance within the time period stated in the provisional license as approved. The Provisional License will not extend beyond 180 days or past the date of the current license.003.13WAIVER OF LICENSING REQUIREMENTS FOR A RELATIVE LICENSE. The Department, in its discretion, may waive one or more of the following licensing requirements for an applicant who is related by blood, marriage, or adoption to the child requiring placement:(1) The requirement that at least two references must be from a non-relative;(2) The maximum number of persons for whom care can be provided;(3) The requirement that a home have at least two exits on grade level; or003.13(A)TYPE OF LICENSE. In the event the Department issues a Foster Care License after waiving one of the above licensing requirements, the type of Foster Care License issued will be a Relative License.003.14ADDITIONAL ELIGIBILITY CRITERIA. To be eligible for a foster care license, all applicants must meet the following criteria:(1) The applicant must not have relinquished parental rights on any child within the past five years;(2) The applicant must agree to abide by all requirements included in the Department's Placement Document; and(3) The applicant must:(a) Be mentally and physically able to provide care and supervision to children;(b) Exercise reasonable judgment when caring for children; and(c) Not engage in or have a history of behaviors which would injure or endanger the physical, mental health, or safety of children.003.14(A)DENIAL. An applicant who does not meet the eligibility criteria will be denied a foster care license.003.15LICENSING ACTION. The Department will provide written notice of all licensing actions to the applicant or licensee, including the reason for the action and, when applicable, the right to appeal the action. The Department cannot take a licensing action for conduct solely involving a foster parent's exercise of the Reasonable and Prudent Parent Standard. 003.15(A)TYPES OF LICENSING ACTIONS. A licensing action includes any of the following: 003.15(B)DENIAL. The Department may deny a foster care license application for anyone who: (i) Does not meet all the eligibility criteria set forth in this chapter;(ii) The Department determines falsified information on the foster care application or home study; or(iii) The Department determines to be ineligible for a license based on the results of the background checks.003.15(C)REVOCATION. The Department may revoke a foster care license when:(i) The Department determines that a licensed foster parent or an individual 18 years of age or older residing in the home is placed on the Child Abuse and Neglect Central Registry or is determined to otherwise meet one of the background check ineligibility criteria;(ii) It is determined by the Department that a licensed foster parent fails to meet any of the licensing requirements set forth in this chapter;(iii) It is determined by the Department that any individual residing in the home of a licensed Foster Care provider has engaged in behaviors that have or would compromise the safety or well-being of a child; or(iv) The Department determines the licensee falsified information on the foster care application or home study.003.15(D)SUSPENSION OF A LICENSE. The Department may suspend a foster care license when any one or more of the following occurs: (1) When a complaint of suspected child or adult abuse or neglect has been received but the Department has not yet made a finding;(2) When the licensee has been placed on the Adult Protective Services Central Registry or the Child Abuse and Neglect Central Registry as a perpetrator and the licensee has appealed that decision;(3) When an licensee or member of the household has a criminal charge filed against him or her involving a crime against children or other crimes which may affect the care of children; or(4) When a child in the care of the licensed foster home dies.003.15(D)(i)END OF SUSPENSION. When a court action is taken or an appeal decision is made regarding the issue which resulted in the suspension, the license will be reinstated or revoked. If a foster care license is in suspended status on its end date, the license will expire.003.16APPEAL OF LICENSING ACTIONS. The applicant or licensee has the right to appeal the revocation, suspension or denial of a license within thirty days from the date of the notice of action. If the applicant submits a written appeal within ten days of receipt of notice, the licensing action will not be taken until the appeal decision is issued by the Director of the Division of Children and Family Services. Such appeals will be carried out in accordance with the Nebraska Administrative Procedure Act.003.17PLACEMENT. No licensee is guaranteed to receive placement of a foster child in his or her home. If a child is placed in the foster home, the licensee must sign the Department's placement agreement at the time of placement and comply with all provisions of the agreement. Failure to abide by any term of the placement agreement could result in action being taken on the foster care license.395 Neb. Admin. Code, ch. 3, § 003
Amended effective 7/22/2020Amended effective 6/29/2022