004.01
License Not
Transferable
A Family Child Care Home I license is not transferable or
assignable and is only valid at the address printed on the
license.
004.02
Posting of License and Availability of License Record
Information
The license, including any applicable status or amendment,
must be displayed in a prominent place so that it is clearly visible to parents
and others. A provisional FCCH-I license will be marked "Inspection Pending"
until the Department conducts the 60-day inspection of the home. (See 1-005.01
and 1-005.05.) The Department will note completion of the inspection on the
license. The licensee must ensure that license record information and
inspection reports are available for public viewing upon
request.
004.03
Alternative Compliance
The Department may grant alternative compliance with a
regulation under the following conditions.
1-004.03A
Written
Request: A request for alternative compliance must be submitted to
the Department in writing and must include:
1. The regulation for which alternative
compliance is being requested;
2.
The reason(s) for the alternative compliance request;
3. A description of how the alternative will
meet the intent of the regulation; and
4. How the alternative will offer equal
protection for all children.
1-004.03B
Review and
Approval: The Department may request additional information from
the applicant or licensee in order to reach a decision to approve or deny the
alternative compliance request. To be considered for approval, the proposed
alternative must:
1. Be consistent with the
overall intent and purpose of the regulation; and
2. Protect the health, safety, and well-being
of all children in care.
1-004.03C
Terms of Alternative
Compliance: Alternative compliance may be granted:
1. For a period of time that ends when the
conditions of the approval no longer exist; and
2. To permit the applicant or licensee time
to come into compliance.
1-004.03D
Requirements Not
Qualifying for Alternative Compliance: Alternative compliance will
not be granted for the following requirements:
1. Capacity/Ratio;
2. Transportation;
3. Supervision;
4. Fire safety;
5. Criminal history/background
checks;
6. Licensee and staff;
and
7. Any regulation for which a
discipline has been initiated or completed.
1-004.03E
Notification of
Department Decision: When the Department receives an alternative
compliance request and has obtained all information needed to process the
request, the Department will notify the applicant or licensee in writing of its
decision to approve or deny the request. The notification will be made within
30 days of the Department's receipt of all appropriate information.
004.04
Notification of
Changes
1-004.04A Before the
change goes into effect, the licensee must submit an Amendment to Application
and receive approval from the Department for a change to any of the following:
1. Building or building usage;
2. Age of children for whom the program
provides care;
3. Hours or days of
the week care is provided;
4.
Address or location. A new location cannot be used for child care until the
license is amended. The following additional information must be submitted with
the Amendment to Application:
a. A sketch,
diagram, or blueprint of the home showing the dimensions and arrangement of
each room to be used by children and the outdoor play area;
b. The applicable section of the Rules
Compliance Checklist;
c. The
planned occupancy date; and
d.
Documentation that the licensee will reside at the new location; and
5. Staff, volunteers, or household
members. The following additional information must be submitted with the
Amendment to Application:
a. If a new staff,
volunteer, or household member is 13 or older, a completed and signed Consent
for Nebraska Central Registry Checks and Authorization for Release of
Information; and
b. If a new staff,
volunteer, or household member is 19 or older, a Report of Law Enforcement
Contact and documentation of a criminal history record check.
1-004.04B Within two
working days of the following changes, the licensee must submit an Amendment to
Application:
1. A change in the name of the
licensee; or
2. A change in
household members age 12 or younger.
004.05
Information Available to
Public:
The Department will release the following information to the
public upon request:
1.
Application;
2. Name of
licensee;
3. Name of
program;
4. Program
address;
5. Program telephone
number;
6. Alternative
compliances;
7. Type of
license;
8. Relevant license
information (for example, license capacity, hours and days of care, ages of
children served, license effective dates);
9. Copies of inspection reports;
10. Fire safety inspection reports and
correspondence;
11. Sanitation
inspection reports and correspondence;
12. Licensing agreements;
13. Provisional license extension
notices;
14. Corrective action
status notices;
15. Discipline
notices;
16. Corrective action
plans;
17. Written transcripts of
administrative hearings;
18.
Emergency orders; and
19. All final
orders.
1-004.05A The Department
will not release the following information to the public:
1. Names, addresses and telephone numbers of
complainants;
2. Names, addresses
and telephone numbers of enrolled children and their
parents/guardians;
3. Social
Security or Federal Tax Identification numbers;
4. Health Information Reports and any
physical or behavioral health information on the licensee and staff;
5. Reports of Law Enforcement Contact by the
licensee, staff, and household members;
6. Law enforcement reports;
7. Child protection and safety reports or
records, including the state child abuse/neglect central register under
Neb. Rev. Stat.
§
28-718;
8. Adult protective services (APS) reports or
records, including the APS central registry under Neb. Rev.
Stat.
§
28-376;
9. Nebraska State Patrol Sex Offender
Registry information not available to the public under the Sex Offender
Registration Act; or
10. Internal
Department correspondence, notes, and investigation reports.
004.06
Fees
1. Initial and
annual licensure fees for a Family Child Care Home I are $25.
2. Initial and annual licensure fees are
nonrefundable, except:
a. If the Department
denies an application for a license or an applicant withdraws their
application, and the Department has not completed an inspection before the
denial or withdrawal, the Department will return the license fee to the
applicant.
3. Fees will
be accepted in the form of a check or money order. Cash will not be
accepted.