Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 391 - CHILDREN'S SERVICES LICENSING
Chapter 1 - FAMILY CHILD CARE HOME I
Section 391-1-004 - GENERAL REQUIREMENTS

Universal Citation: 391 NE Admin Rules and Regs ch 1 ยง 004

Current through March 20, 2024

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.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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