Current through September 17, 2024
Any person intending to establish, operate, or maintain a
Family Child Care Home II 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 2.
003.01
Provisional
License:
Provisional licenses are issued to all newly licensed Family
Child Care Home II programs. Provisional licenses are effective for one
year.
2-003.01A
Application Requirements: An applicant for a provisional Family
Child Care Home II 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,
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 Family Child Care Home is a private residence;
4. Documentation of criminal history record
checks for the applicant, all staff and volunteers age 19 or older, and all
household members age 19 or older if the Family Child Care Home is a private
residence (see 2-006.02A);
5. 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 (see
2-006.02C);
6. A Health Information
Report for the applicant on a form provided by the Department (see
2-006.02F);
7. Documentation of
completed CPR/First Aid training (see 2-006.04F);
8. Documentation of completed pre-service
orientation training by the Department;
9. A sketch, diagram, or blueprint of the
facility showing the dimensions, arrangement of rooms to be used by the
children, and outdoor play area;
10. Copies of zoning approval from the
relevant jurisdiction; and
11. The
$25 licensing fee (see 2-004.07).
2-003.01B
Denial of Provisional
License: See
2-008 for grounds on which the
Department may deny a provisional license.
2-003.01C
Extension 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.
2-003.01D
Expiration 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.
003.02
Operating Licenses:
Operating licenses are standard, non-expiring licenses that
are issued to Family Child Care Home II programs that have been in operation
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.
2-003.02A
Application Requirements: An applicant for a Family Child Care
Home II operating 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,
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 (see 2-006.02C);
4. Documentation of annual training hours
completed during the provisional year; and
5. The $25 licensing fee (see
2-004.07).
2-003.02B
Denial of Operating License: See
2-008 for grounds on which the
Department may deny an operating license.
003.03
Change 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.
2-003.03A Change of ownership
includes the sale or transfer of the ownership or control of a child care
program to a person other than the current licensee.
Change of ownership does not include a change of name or
location of the child care program.
2-003.03B
Requirements of New
Owner: If there is a change of ownership and the child care
program remains on the same premises, the new owner must apply for a
provisional license as required in 2-003.01A, 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 is required only when the new owner changes the use
of the facility.
2-003.03C
Mergers:
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 program 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
license.
2-003.03D
Denial of License: See
2-008 for grounds on which the
Department may deny a license.
003.04
Temporary 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 an investigation of alleged non-compliance with regulations, or
outstanding non-compliance; and
5.
Pay license fees during the period as specified in 2-004.07.
2-003.04A 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.
2-003.04B No routine fire safety, sanitation,
or Department inspections will be conducted during the period of ceased
operation.
2-003.04C The period of
ceased operation may be extended beyond the one-year limit if the licensee
shows a reasonable cause.
2-003.04D
Reinstatement: A Family Child Care Home II 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 inspection is needed to determine
compliance with regulations.
003.05
Negative
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
2-008.) 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.
2-003.05A
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 regulation does not present an unreasonable risk
to the health, safety, or well-being of children or staff.
2-003.05A1 The licensing agreement must:
1. Identify the length of time the Department
has determined the agreement will be in effect;
2. Identify violations of
regulations;
3. Identify conditions
the licensee has agreed to in order to correct any identified issue and to
maintain compliance with licensing standards;
4. Be signed by the licensee; and
5. Be witnessed by a notary public,
Department staff, or non-relative of the licensee.
2-003.05B
Corrective
Action Status: The Department may place a provisional or operating
child care 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.
2-003.05B1 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 information to be provided to
the Department.
2-003.05B2 The Department may discipline the
license if the written plan of correction is not approved.
003.06
Voluntary
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 a license if the licensee is under
investigation or if the Department has initiated disciplinary action against
the licensee. If the Department accepts the surrender, the licensee must return
the license to the Department within one week of the surrender.
2-003.06A
Reapplication for an
Operating License Less Than One Year After
Voluntary
Surrender: An individual who voluntarily surrendered a FCCH II
operating license less than one year before the date of reapplication may
reapply for an operating license. The individual must meet the requirements of
2-003.02A.
2-003.06B
Reapplication One Year or More After Voluntary
Surrender: An individual who voluntary surrendered a FCCH II
provisional or operating license one year or more before the date of
reapplication must reapply for a provisional license. The individual must meet
the requirements of 2-003.01A.
003.07
Permanent
Closure:
When a program is to be permanently closed, the licensee must
return the license to the Department within one week of
closing.
