Current through September 17, 2024
To provide adequate protection to children in care and to
comply with state law, a child care center must meet the following
standards.
006.01
Licensee
Requirements:
The licensee must:
1. Ensure that the center is administered and
managed appropriately;
2. Maintain
compliance with all applicable state statutes and child care center
regulations;
3. Permit announced
and unannounced inspections by agency representatives during the hours of
operation;
4. Either manage the
day-to-day operations of the center or designate a director who is responsible
for the day-to-day management of the center and define the duties and
responsibilities of the director in writing; and
5. Ensure that the center has sufficient
resources to provide a safe, healthy, and nurturing environment to all children
enrolled in the center.
006.02
Director
Requirements:
The director is responsible for managing the day-today
operations of the child care center. The director must report to the licensee
all matters related to the maintenance, operation, and management of the child
care center and be directly responsible to the licensee or to a person
delegated governing authority by the licensee. The director must:
1. Be responsible for the center's compliance
with rules and regulations;
2. Be
within the child care area a sufficient number of hours to permit adequate
attention to the management of the center;
3. When not in the child care area, designate
another staff to act in his/her absence who will be responsible and accountable
for management of the center;
4.
Provide written personnel policies and policies and procedures specific to:
a. Job descriptions and responsibilities;
and
b. Position qualifications,
skills, knowledge, abilities and physical demands of the job;
5. Assess his/her own ability and
the ability of all staff to provide care for children with special needs while
meeting the needs of other children enrolled;
6. Provide orientation for new staff,
including training on child care center regulations;
7. Schedule training and continuing education
for all staff and ensure that records are maintained including the date, topic,
and length of time for each training entry;
8. Ensure that center staff identify and
review incidents, accidents, complaints, and concerns, and monitor patterns and
trends in overall operation and take action to alleviate problems;
9. Develop and implement written procedures
that require the reporting of any evidence of physical abuse, neglect, or
sexual abuse of any child in care at the child care center;
10. Immediately file a report with the Child
Abuse-Neglect Hotline ( 1-800-652-1999) and/or appropriate local law
enforcement agency when s/he has reason to believe child abuse, neglect, or
sexual abuse may be occurring in the child care center, in the child's home, or
elsewhere, or ensure that a report is filed;
11. Not knowingly allow any individual who is
a registered sex offender on the premises, except that a parent who is a
registered sex offender may be allowed on the premises only to pick up and drop
off his/her child;
12. Ensure that
the maximum capacity of the child care center is not exceeded at any
time;
13. Ensure that
staff-to-child ratios are met at all times;
14. Ensure that parents have access to their
children at all times that children are in care; and
15. Develop and use written criteria to
assess the ability of staff to give or apply medication safely.
006.03
Background
Checks, Health Information, and Employment Limitations:
3-006.03A
Criminal History Record
Checks: The applicant/licensee, if an individual or an individual
in a partnership, must complete a pre-employment criminal history record check
on him/herself, on each staff member and volunteer age 19 or older, and on each
household member age 19 or older if the center is located in a private
residence. Documentation must be kept and available for review by the
Department.
The check must be conducted through the Nebraska State Patrol
or through one or more local law enforcement agencies, as appropriate to the
individual's residence(s). If an individual has lived in Nebraska less than 12
months, the applicant/licensee must obtain documentation of a criminal history
record check from the previous state(s) of residence.
3-006.03A1
Permanent Child Care
Disqualification: An individual is permanently disqualified from
holding a child care license or working as a staff member or volunteer in a
child care center if s/he has a criminal history that includes conviction of
any unlawful act endangering the health or safety of another individual. Such
convictions include crimes against a child or vulnerable adult, crimes
involving intentional bodily harm, crimes involving the sale, distribution or
procurement of a controlled substance, or crimes involving moral turpitude on
the part of the individual. These crimes include but are not limited to:
1. Aggravated or armed robbery;
2. Assault, first or second degree;
3. Child abandonment;
4. Child abuse;
5. Child molestation or debauching a
minor;
6. Child neglect;
7. Commercial sexual exploitation of a
minor;
8. Domestic
violence;
9. Exploitation of a
minor involving drug offenses or conviction of drug offenses that involved a
minor;
10. Felony controlled
substances offenses, other than possession;
11. Felony violation of custody;
12. Incest;
13. Kidnapping;
14. Murder, first or second degree;
15. Sexual abuse of a minor;
16. Sexual assault;
17. Sexual exploitation of a minor, including
child pornography; or
18. Voluntary
manslaughter.
3-006.03A2
Twenty-Year Disqualification: An individual is
disqualified from holding a child care license or working as a staff member or
a volunteer in a child care center if s/he has a criminal history that includes
conviction in the last 20 years of:
1.
Arson;
2. Criminal
non-support;
3. Felony possession
of controlled substance offenses;
4. Felony theft; or
5. Robbery.
The 20-year disqualification begins the date the conviction
became final. Any time the individual is incarcerated, either in jail or a
state or federal correctional facility, is not included in the calculation of
the 20-year period of disqualification. If the individual has more than one
conviction, the 20-year disqualification begins the date the most recent
conviction became final.
3-006.03A3
Five-Year
Disqualification: An individual is disqualified from holding a
child care license or working as a staff member or a volunteer in a child care
center if s/he has a criminal history that includes conviction in the last five
years of:
1. Burglary;
2. Driving under the influence: two or more
convictions;
3. Felony bad check
writing;
4. Misdemeanor controlled
substances offenses;
5. Misdemeanor
contributing to the delinquency of a child; or
6. Misdemeanor theft.
The five-year disqualification begins the date the conviction
became final. Any time the individual is incarcerated, either in jail or a
state or federal correctional facility, is not included in the calculation of
the five-year period of disqualification. If the individual has more than one
conviction, the five-year disqualification begins the date the most recent
conviction became final.
3-006.03A4 An applicant, licensee, staff
member, volunteer, or household member, must not have had his/her rights as a
parent terminated by a Court because of a finding of abuse or neglect of a
child or inability to care for a child.
3-006.03A5
Department
Determination: An individual may hold a child care license or work
as a staff member or a volunteer in a child care center with a pending
complaint or indictment or conviction of other crimes if the Department
determines the individual has the present character and fitness to work with
children. In making this determination the Department may
consider the following factors:
1. The age of the individual at the time of
the conduct;
2. The recency of the
conduct;
3. The seriousness of the
conduct;
4. The factors underlying
the conduct;
5. The cumulative
effect of the conduct;
6. The
evidence of rehabilitation;
7. The
individual's positive social contributions since the conduct;
8. The individual's honesty in providing
information; and
9. The materiality
of any omissions or misrepresentations.
The Department may deny or take action against a license if
an individual is found to have a criminal history that includes conviction or
substantial evidence of committing or permitting, or aiding or abetting another
to commit, any unlawful act endangering the health or safety of another
individual or a history of convictions or behavior that shows an inability or
unwillingness to comply with laws or regulations. This applies to the
applicant/licensee, household members who reside at the place where the child
care program will be/is provided, volunteers, and employees of the
applicant/licensee.
3-006.03B
Registry
Checks: The applicant/licensee, if an individual or an individual
in a partnership, staff, volunteers, and household members if the center is
located in a private residence, must not be listed as a perpetrator of abuse or
neglect on the Nebraska:
1. Child
abuse/neglect central register, if the individual is age 13 or older;
2. Adult protective services (APS) central
registry if the individual is age 18 or older; or
3. State Patrol sex offender registry.
The individual must provide enough information for an
accurate check of the registries and must authorize the release of registry
information. The Department will conduct the child and adult registry checks
and provide the results to the applicant/licensee.
The applicant/licensee must conduct the State Patrol sex
offender registry check. All registry checks must be completed before the
individual assumes responsibility for the care and supervision of
children.
Any individual who is listed as a perpetrator on any of the
registries must not be on the premises during the hours of operation, except
that a parent listed as a perpetrator may be allowed on the premises only to
pick up and drop off his/her child.
3-006.03C
Reports of Law
Enforcement Contact: The applicant/licensee must complete a Report
of Law Enforcement Contact for him/herself, if an individual or an individual
in a partnership, and must obtain a completed report for each staff member and
volunteer age 19 or older and each household member age 19 or older if the
center is located in a private residence. The report must:
1. Be updated, signed, and dated
annually;
2. Be updated any time
one of these individuals is arrested, issued a citation other than a minor
traffic violation, or charged with or convicted of any felony, misdemeanor, or
infraction;
3. List all previous
and pending criminal charges and arrests, both felony and misdemeanor,
regardless of prosecution;
4. List
any record of felony and/or misdemeanor charges and arrests related to crimes
against children;
5. List any
record of felony and/or misdemeanor convictions;
6. List any current or past parole or
probation status, including diversion or court supervision; and
7. List details, dates, county and state of
the contact, arrest, charge, conviction, and disposition, if any.
3-006.03D
Notification of Law Enforcement Contact: As soon as the
licensee/director becomes aware of the occurrence, s/he must notify the
Department of any arrest, misdemeanor ticket other than a traffic violation,
pending criminal charges, and any felony or misdemeanor convictions of
him/herself, staff, volunteers, or household members if the center is located
in a private residence. The licensee/director must request a criminal history
record check on the individual within five working days. Failure to notify the
Department of law enforcement contacts as described may result in disciplinary
action.
3-006.03E
Investigations and Repeat Registry Checks
1. Any time the licensee/director has reason
to believe that a staff member or volunteer is being or has been investigated
for abuse, neglect, or sexual abuse of a child or vulnerable adult, the
licensee/director must submit the name of that individual to the Department for
a check with the child abuse/neglect or adult protective services
registry.
2. Any individual who is
under investigation for abuse, neglect, or sexual abuse of a child or
vulnerable adult must not be left alone with children until the investigation
is completed and the findings are determined.
3-006.03F
Health Information
Report: The applicant, if an individual or an individual in a
partnership, must submit a completed Health Information Report on a form
provided by the Department for him/herself as part of the initial application.
All staff who are responsible for the care and supervision of children for more
than 20 hours per week must complete the report within 30 days of hiring. The
Health Information Report must be completed annually.
The Health Information Report must include an assessment by a
health professional of the individual and any health conditions that could
negatively affect his/her ability to care for children. If the information
indicates that the individual has, or has had, a health condition that could
negatively affect his/her ability to care for children, the Department may
request additional information.
006.04
Director
Qualifications:
3-006.04A
New Centers: The director of a center initially
licensed on or after the operative date of these regulations must be at least
19 years of age and of good moral character, and must meet one of the following
requirements:
1. Hold a bachelor's degree
from an accredited college or university in early childhood education,
education, or child/youth development;
2. Hold a bachelor's degree from an
accredited college or university with at least six credit hours in early
childhood education, education or child/youth development;
3. Have an associate degree from an
accredited college or university in early childhood education, education or
child/youth development;
4. Have a
Child Development Associate Credential; or
5. Have a high school diploma or GED and 3000
clock hours of verifiable experience in organized group activities for children
age birth to 13 as indicated by a positive reference from a former employer or
supervisor and:
a. Have successfully
completed six credit hours or 36 clock hours of Department-approved training in
administration, early childhood education, education, or child/youth
development. Business courses may be included, not to exceed one-half of the
credit or clock hour requirement; or
b. A written, Department-approved plan to
acquire at least six credit hours or 36 clock hours of Department-approved
training in administration, early childhood education, education, or
child/youth development, in a period not to exceed 12 months. Business courses
may be included in the plan, not to exceed one-half of the credit or clock hour
requirements.
3-006.04B
Existing
Centers: The director of a center licensed before the operative
date of these regulations, if s/he does not have a high school diploma or GED,
may continue employment as director of the same center or any other center
licensed before the operative date of these regulations for no more than 22
children.
006.05
Teacher Qualifications:
3-006.05A
Certificated
Teachers: An individual who holds a valid Nebraska Teaching
Certificate and who is employed as a staff member or used as a volunteer at a
licensed child care center that is on the premises of an accredited or approved
school will be considered to have met the qualifications, background checks,
health information, and training requirements in these regulations.
3-006.05B
Non-Certificated
Teachers: To be employed as a teacher in a licensed child care
center, an individual who is not a certificated teacher must be at least 18
years of age and of good moral character, and must meet one of the following
requirements:
1. Hold a bachelor's degree
from an accredited college or university in early childhood education,
education or child/youth development;
2. Hold an associate degree from an
accredited college or university in early childhood education, education or
child/youth development;
3. Have a
Child Development Associate Credential; or
4. Have a high school diploma or GED; and
a. 1500 verified clock hours of experience in
organized group activities for young children as indicated by a positive
reference from a former employer or supervisor; or
b. Submit a written plan for Department
approval to acquire at least three credit hours or 45 clock hours of training
in administration, early childhood education, education, or child/youth
development, in a period not to exceed six months. The licensee must maintain a
copy of the written plan and Department approval for Department
review.
006.06
Substitute, Support Staff,
Volunteer, and Parent Helper Qualifications:
1. The director may hire substitute staff.
The substitute must meet the age requirement for the position s/he is assuming
and be of good moral character. If the substitute works over 20 hours per week
and is counted in the staff-to-child ratio, the substitute must meet the staff
requirements for the position s/he is assuming.
2. The director may hire support staff to
assist in the care of children. Support staff must be at least 16 years of age
and be of good moral character. A teacher must be in the room with support
staff at all times when children are in care.
3. The director may use volunteers and
uncompensated parent helpers. Volunteers and uncompensated parent helpers are
not counted in the staff-to-child ratio. Volunteers and uncompensated parent
helpers must be supervised by the director or a teacher at all times and must
not be left alone with any children other than their own.
006.07
Parents Participating in
Parent Training/Education:
Parents participating in parent training/education on the
premises of the center during the hours of operation:
1. Must not be counted in the staff-to-child
ratio;
2. Must not be left alone
with any children other than their own; and
3. Must be supervised by the director or a
teacher at all times.
006.08
Director Orientation and
Training:
When a new center director is employed, that individual must
complete Department-approved director orientation within 30 days of starting
employment. The director must also complete:
3-006.08A
Safety
Training: The director must complete training developed by the
Early Childhood Training Center on Sudden Infant Death Syndrome (SIDS), safe
sleep, shaken baby syndrome, and child abuse/neglect and reporting. Any
proposed equivalent training must be approved by the Department.
1. In centers licensed on or after the
operative date of these regulations, the director must complete the training
within three years of the date of provisional licensure and every five years
thereafter.
2. In centers licensed
before the operative date of these regulations, the director must complete the
training within three years of that operative date and every five years
thereafter.
3. This training counts
toward the annual training requirement.
3-006.08B
Child Care Management
Training: The director must complete child care management
training for child care center directors developed by the Early Childhood
Training Center (ECTC). Any proposed equivalent training must be approved by
the Department.
1. In centers licensed on or
after the operative date of these regulations, the director must complete the
training within five years of the date of provisional licensure.
2. In centers licensed before the operative
date of these regulations, the director must complete the training within five
years of that operative date.
3.
This training counts toward the annual training requirement.
4. When the same licensee operates two or
more child care centers, the licensee may designate another employee who is
responsible for writing policies and procedures, preparing budgets, and other
administrative duties to complete Child Care Management Training instead of the
director.
3-006.08C
Nebraska's Early Learning Guidelines Training: The
director must complete training in the seven domains of Nebraska's Early
Childhood Learning Guidelines developed by the ECTC. Any proposed equivalent
training must be approved by the Department. The domains are: Approaches to
Learning, Creative Arts, Health and Physical Development, Language and Literacy
Development, Mathematics, Science, and Social and Emotional Development.
1. In centers licensed on or after the
operative date of these regulations, the director must complete training in one
domain within four years of the date of provisional licensure and one domain
annually thereafter.
2. In centers
licensed before the operative date of these regulations, the director must
complete training in one domain within four years of that operative date and
one domain annually thereafter.
3.
This training counts toward the annual training requirement.
006.09
Teacher Training:
The licensee must ensure that teachers employed at the center
complete the following training:
3-006.09A
Safety
Training: Teachers must complete training developed by the Early
Childhood Training Center (ECTC) on Sudden Infant Death Syndrome (SIDS), safe
sleep, shaken baby syndrome, and child abuse/neglect and reporting. Any
proposed equivalent training must be approved by the Department.
1. Beginning three years after the operative
date of these regulations, 50% of all teachers employed by the center must have
completed this training.
2. This
training counts toward the annual training requirement.
3-006.09B
Nebraska's Early
Learning Guidelines Training: Teachers must receive training in
the domains of Nebraska's Early Childhood Learning Guidelines developed by the
ECTC. Any proposed equivalent training must be approved by the Department.
1. Beginning four years after the operative
date of these regulations, 25% of all teachers employed by the center must have
completed training in at least one domain.
2. Beginning five years after the operative
date of these regulations, 50% of all teachers employed by the center must have
completed training in at least one domain.
3. Beginning six years after the operative
date of these regulations, 75% of all teachers employed by the center must have
completed training in at least one domain.
4. This training counts toward the annual
training requirement.
3-006.09C
Evidence of Teacher
Training: The director must maintain a list of all teachers for
each calendar year that identifies which individuals have completed:
1. Orientation training;
2. Safety training;
3. Nebraska Early Learning Guidelines
Training;
4. Clock hours of annual
training; and
5. CPR and First Aid
training.
006.10
Staff and Volunteer
Orientation and Training:
3-006.10A
Orientation: When new staff or volunteers are employed, those
individuals must be provided with orientation prior to their having direct
responsibility for the care of children. The orientation must include:
1. Job duties and responsibilities;
2. Infection control practices including
proper hand washing techniques, personal hygiene, and disposal of infectious
material;
3. Information on abuse,
neglect and sexual abuse of children and the state's reporting
requirements;
4. Child care center
regulations;
5. Evacuation plans in
the event of fire;
6. Safety plans
in the event of a tornado;
7.
Emergency preparedness in the event of a natural or man made disaster;
and
8. The center's method of
interacting with children and discipline policies.
3-006.10B
Nutrition and Food
Safety Training: When meals are served, all staff responsible for
menu planning, food preparation, and food safety must be provided at least four
clock hours of training in nutrition and food safety within 30 days of
employment and annually thereafter.
3-006.10C
Transportation
Training: Individuals who transport children on behalf of a child
care center must:
1. Receive and maintain a
valid certificate of completion of the "Safe Kids Buckle Up" program within 90
days of employment and every five years thereafter. Individuals who transport
children who were employed before the operative date of these regulations must
receive and maintain a valid certificate of completion for "Safe Kids Buckle
Up" within one year and every five years thereafter. Any proposed equivalent
training must be approved by the Department.
2. Maintain valid certificates for
Cardiopulmonary Resuscitation (CPR) and First Aid Training. Individuals who
transport children who were employed before the operative date of these
regulations must complete CPR and First Aid Training within one year and
maintain valid certificates thereafter.
3-006.10D
Annual
Training: Each staff member, not including substitutes or
volunteers, who provides direct care to children must obtain a minimum of 12
clock hours of training annually. Staff who work 20 hours or less each week
must obtain six clock hours of training annually.
3-006.10D1 Training must include but is not
limited to the following topics:
1. Safe
Environments;
2. Healthy
Environments;
3. Learning
Environments;
4. Physical
Development;
5. Cognitive
Learning;
6.
Communication;
7. Creative
Learning;
8. Self-Esteem;
9. Social Development;
10. Guidance;
11. Family Relationships;
12. Program Management; and
13. Professionalism.
Audio, video, and reading material specific to one or more of
these training topics will count toward the annual training requirement only if
an Independent Learning Summary is completed on a form provided by the
Department. The actual length of audio and video material will be counted, and
50 pages of text will be considered equal to one clock hour of training.
Two hours of CPR and one hour of First Aid will be counted
toward the annual training requirement in the year each is taken.
3-006.10D2 Each clock
hour spent participating in any of the following types of activities counts
toward the annual training requirement:
1.
Center-sponsored training;
2.
Workshops and conferences;
3.
College courses;
4. Non-credit
course work; and
5. Adult education
courses.
3-006.10E
CPR and First Aid
Training1. CPR training must be
obtained from an entity that has been approved by the Nebraska Board of
Emergency Medical Services. The Department will provide the program with
information about approved CPR courses.
2. At least one staff member with current CPR
and First Aide training must be on the premises at all times during the
hours/days of operation.
3. The CPR
card and documentation of First Aid training must be available upon
request.
006.11
Employee Records Requirements:
The licensee must ensure the following employee records are
maintained, updated as needed, and made available to the Department upon
request. Records must be maintained for at least one year after an employee
leaves the center.
3-006.11A
Staff: Records for all staff, except substitutes and
volunteers, must include:
1. Name;
2. Address and telephone number;
3. Social Security Number;
4. Date of hire/termination;
5. A completed Report of Law Enforcement
Contact;
6. Documentation of a
criminal history record check;
7. A
completed Health Information Report;
8. Documentation of Nebraska registry checks
with no adverse findings;
9.
Documentation that the individual has met the qualifications for the
position;
10. Documentation of
orientation training and required ongoing training; and
11. Documentation that the individual has
read and understands these regulations.
3-006.11B
Substitutes: Records for each substitute must include:
1. Name;
2. Address and telephone number;
3. Social Security number;
4. A completed Report of Law Enforcement
Contact;
5. Documentation of a
criminal history record check;
6.
Documentation of Nebraska registry checks with no adverse findings;
7. Documentation that the individual has met
the qualifications for the position; and
8. Documentation that the individual has read
and understands these regulations.
3-006.11C
Volunteers: Records for each volunteer must include:
1. Name;
2. Address and telephone number;
3. Start date;
4. A completed Report of Law Enforcement
Contact;
5. Documentation of
Nebraska registry checks with no adverse findings; and
6. A written schedule that includes the hours
and days of the week the individual serves as a volunteer.
006.12
Child's
Record:
A Child's Record must be completed before the child's
enrollment. The record must be kept current and available for review upon
request by the Department. A Child's Record form may be used or a form may be
created and must contain the following information for each child:
1. Name of child;
2. Birthdate of child;
3. Enrollment date;
4. Date care ceased, if applicable;
5. Parent or guardian's home address and
telephone number;
6. Parent or
guardian's employment address and telephone number;
7. Individual(s) to whom the child may be
released by the caregiver;
8.
Individual(s) who will take responsibility for the child in an emergency when
the parent or guardian cannot be reached;
9. Consent to contact a physician in an
emergency;
10. Current health
status of the child; and
11. List
of child's allergies and intolerance to food, insect bites, or stings, or other
factors that result in a medical reaction, and clear instructions in the event
of an exposure to the factor.
006.13
Parent Information
Brochure:
At the time of enrollment, the licensee must give the
parent(s) of each enrolled child a Parent Information Brochure provided by the
Department. The licensee must maintain receipts signed and dated by the parent
and make the receipts available for review by the Department.
006.14
Description of Center
Services and Policies:
The licensee must ensure that the center has a written
description of center services and written policies, and that they are
available to the Department. Copies of both must be given to all staff and the
parents of all enrolled children, except that the center is not required to
give parents the center's personnel policies. The licensee must maintain
receipts signed and dated by the staff and parent and make the receipts
available for review by the Department.
3-006.14A
Description of
Services: The center must have a written description of the range
of services available. The written description must include:
1. Ages of children served;
2. Days and hours of operation;
3. A description of the center's child
development program;
4. Special
services provided;
5. A description
of any parent training/education offered;
6. What is expected of parents;
7. Name, address, and phone number of the
center's owner or authorized representative; and
8. Information provided by the Department
that describes how regulations can be accessed, how child care licensing staff
can be contacted, and how complaints can be made.
3-006.14B Center Policies: The center must
have written policies on:
1. Exclusion of ill
children;
2. Conditions for
suspending and terminating care;
3.
Fees/contract information for parents;
4. Verifying the identification of
individuals approved to remove children from the center;
5. Parent grievances, questions, or concerns;
and
6. Personnel policies,
including:
a. Staff qualifications;
b. Staff training requirements;
c. Staff discipline procedures; and
d. Staff immunization and exclusion of ill
staff.
006.15
Licensed Capacity,
Staffing Requirements, and Staff-to-Child Ratio:
3-006.15A
Licensed
Capacity: The number of children in care at any one time must not
exceed the center's licensed capacity. Licensed capacity will be determined by
the Department based on available space and the capacity authorized by the
State Fire Marshal or delegated authority. Whichever number is smaller will be
the licensed capacity of the center.
In determining whether the licensed capacity has been
exceeded, any children over age 13 receiving care for compensation and any
adults receiving care and supervision are included in the count of school-age
children. All children are counted except:
1. Children who have left the center for an
activity and will not be returning that day; and
2. Children who are enrolled in the center
and in attendance at school.
3-006.15B
Staffing
Requirements1. All staff must be
awake and alert to the needs of the children at all times, including
napping/sleeping times.
2. Each
room where children are receiving care must have a teacher who is involved with
the direct care of children.
3.
During naptime, at least one teacher must be in the room where children are
napping, as long as the staff-to-child ratio is maintained
center-wide.
4. At least two staff
members must be on the premises at all times, except:
a. When the number of children in care is 12
or fewer; or
b. When all children
in care are school-age and there are 15 or fewer.
3-006.15C
Staff-to-Child Ratio: The center must maintain accurate staff and
daily attendance records to verify compliance with staff-to-child ratios.
Compliance with staff-to-child ratios is determined on a center-wide basis.
Only staff involved in the direct care of children are
counted. The appropriate staff-to-child ratios must be met at all times, as
follows.
Age of Children |
Number of Children in Care |
Number of Staff Required |
6 weeks to 18 months |
4 |
1 |
18 months to 3 years |
6 |
1 |
3 years |
10 |
1 |
4 and 5 years |
12 |
1 |
School-age |
15 |
1 |
006.16
Communicable
Diseases:
The Department will provide the center with information about
communicable diseases to assist the center in carrying out its
responsibilities.
3-006.16A
Notification to Parents: The licensee/director must
notify parents of all enrolled children of any case of any reportable
communicable disease on the same day the licensee is informed of or observes
the illness, unless otherwise directed by the health authority. The health
authority is the local health department for the area. Proper notification
includes:
1. Notification to parents of
children in attendance;
2.
Notification to parents of enrolled children who are not in attendance on that
day; and
3. Posting notice of the
outbreak in a conspicuous place.
3-006.16B
Confidentiality: Names of ill children must not be released to
anyone except health authorities, unless parents have given their
permission.
3-006.16C
Health Authority: The center must follow all directives given to
the licensee by the health authority in the event of a communicable disease
outbreak.
006.17
Children Excluded Due to Illness:
The center must have a written policy that identifies the
circumstances under which children would be excluded from child care due to
illness. To assist in writing the policy, the Department will provide the
licensee with materials that include recommendations on:
1. Exclusion based on specific conditions
such as fever, diarrhea, vomiting, etc.; and
2. Exclusion based on specific contagious and
infectious diseases such as chickenpox, measles, mumps, etc.
The licensee must enforce the center's exclusion policy and
make it available to the Department and to the parents of enrolled
children.
006.18
Immunizations:
Within 30 days of a child's enrollment, the licensee/director
must obtain a copy of the child's immunization record. Immunization records
must be available for review upon request by the Department and updated each
time the child receives additional immunizations. Each child's immunization
record must include:
1. Documentation
of age-appropriate immunization;
2.
Certification by a physician, advanced practice registered nurse, or physician
assistant that immunization is not appropriate for a stated medical reason;
or
3. A written statement that the
parent or guardian does not wish to have the child immunized and the reasons
for that decision.
3-006.18A
Immunization Report: The licensee must comply with all
state statutes and regulations ( Neb. Rev. Stat.
§§
71-1913.01
to
71-1913.03
and 173 NAC 4) regarding immunization status of all enrolled children. This
includes annual reporting to the Department as specified in 173 NAC 4. The
Department will provide the program with materials to assist the program in
carrying out its responsibilities.
006.19
Supervision of
Children:
Adequate and appropriate supervision must be provided to
children at all times children are in attendance, including during outdoor
play. Ultimate responsibility for supervision rests with the licensee.
3-006.19A
Permission for
Off-Premises Supervision: The licensee must ensure that parents
are informed and give written permission when children will be outside the
premises of the center and supervised by center staff. Written permission must
be available to the Department on request.
3-006.19B
Permission for Child to
Leave Premises: If a child participates in activities that are not
provided or supervised by center staff and are outside the premises of the
center, the licensee must ensure written permission is obtained from the
parent. The written permission must be available to the Department upon request
and must indicate the following:
1. The
parent gives permission for his/her child(ren) to leave the center premises;
and
2. The parent understands the
licensee is not responsible for supervision while his/her child participates in
activities outside the center premises or outside the supervision of center
staff.
006.20
Discipline:
When parents are not present, the responsibility for the
discipline of children in care lies only with the licensee/director or the
designated substitute.
3-006.20A
Prohibited Forms of Discipline: The following actions
are prohibited as a form of discipline:
1.
Spanking;
2. Slapping;
3. Pinching;
4. Punching;
5. Shaking;
6. Striking with any object;
7. Use of soap, hot sauce, or other
unpleasant food and non-food items;
8. Isolating a child in a locked or closed
room or closet;
9. Handling
roughly;
10. Biting;
11. Denial of food;
12. Forced napping;
13. Subjecting children to derogatory remarks
about the child or the child's family;
14. Abusive or profane language directed at
children;
15. Yelling or screaming
at children;
16. Threats of
physical punishment; or
17.
Mechanical restraints.
3-006.20B
Child Behavior That
Cannot Be Disciplined: Children must not be disciplined for:
1. Toileting accidents;
2. Refusal to take medication; or
3. Refusal to eat.
3-006.20C
Use of Time
Out: Separation from the group, if used, must be brief and
appropriate for the child's age. The time out period must:
1. Take place within a safe, lighted, and
well-ventilated area;
2. Occur
within direct vision of staff; and
3. Not exceed more than one minute for each
year of the child's age. If the time a child spends in time out is extended, it
must be carried out as indicated by a behavioral management plan developed and
monitored by a licensed or certified professional qualified to identify the
special needs of a child, as having a physical, emotional, or social
developmental delay or impairment.
3-006.20D
Use of Physical
Hold: Center staff may restrict a child's movement by the use of a
physical hold. A physical hold may be used only:
1. When the child is hurting him/herself,
others, or property;
2. When the
hold does not prevent the child from breathing or speaking; and
3. Until the child is calm and able to
demonstrate reasonable control of his/her behavior.
3-006.20D1
Notification and
Documentation: The licensee/director must notify the child's
parents within 24 hours of the physical hold when a physical hold is used on
their child. Written documentation of each use of a physical hold must be
available for review by the parents of the child involved in the physical hold
and the Department. The documentation must include:
1. Child's name;
2. Date of the incident;
3. Description of the incident; and
4. Names of the staff involved.
3-006.20E
Use of Restraints: The use of restraints is prohibited except
under the following conditions:
1. All staff
who participate in restraining a child must have received prior training in
de-escalation and the use of restraints;
2. The training curriculum must be accepted
by the Department;
3. The training
must be taught by a certified trainer; and
4. Written documentation of each use of
restraint must be available for review by the parents of the child involved in
the restraint and the Department. The documentation must include:
a. Child's name;
b. Date of the incident;
c. Description of the incident; and
d. Names of the staff involved.
006.21
Prohibited Language, Materials, and Actions:
Children of any age must not be exposed to:
1. Profanity;
2. Sexually explicit material;
3. Acts of violence toward a person or
animal; or
4. Acts of
racism.
006.22
Child Development Program:
The licensee must provide an age-appropriate program designed
to promote the cognitive, cultural, social, emotional, and physical development
of children in care. Information about the program must be given to parents and
the Department upon request. The program must include:
1. Indoor play;
2. Outdoor play;
3. Nap and/or rest periods and other quiet
times;
4. Opportunities for
individual and group play times;
5.
Opportunities for children to read and explore books;
6. Daily reading with children of
developmentally appropriate literature; and
7. Fostering language and social development
by talking and interacting with children and modeling appropriate language and
behavior.
3-006.22A
Toys, Equipment, and Materials: The licensee must provide a
sufficient number of age-appropriate toys, equipment, and materials for all
children in care. Children below the age of three must not have access to toys
or objects that are easily breakable or could create a choking
hazard.
3-006.22B
Beds, Cribs, and Sleeping Surfaces: The licensee must ensure that
sleeping surfaces appropriate to the child's age and level of development are
available for each child in care.
1.
Acceptable sleeping surfaces for children over 12 months of age are:
a. Beds;
b. Cots;
c. Cribs;
d. Playpens;
e. Sofas;
f. Washable sleeping bags; and
g. Waterproof mats, which must be at least
one inch thick and at least 45 inches long.
2. The only acceptable sleeping surfaces for
children age 12 months and under are cribs and playpens. When used, cribs and
playpens must meet the following standards:
a.
Cribs and playpens must be federally approved;
b. Cribs must be equipped with a waterproof
crib mattress covered by a fitted sheet. The mattress pad for a playpen must be
specifically designed for playpen use and covered by a fitted sheet;
c. Cribs and playpens must contain no soft
objects, bumper pads, toys, or loose bedding. If a blanket is used, it must be
secured or tucked under the crib mattress or the pad of the playpen and reach
no higher than the infant's chest; and
d. Cribs and playpens must be kept clean, in
good repair, and not have any surface covered by lead-based paint.
3. Cribs, playpens, cots, and mats
must be separated by at least three feet of space.
4. Cribs, playpens, cots, and mats must be
disinfected daily or marked for individual use and disinfected weekly or more
often when needed.
5. For evening
care, each child must be provided with a cot with a waterproof
mattress.
6. The following must not
be used as sleeping surfaces:
a. The top level
of a bunk for children age 5 and under;
b. Stackable cribs;
c. Waterbeds for children age 3 and under;
and
d. Cots, cushions, futons,
mats, or pillows for infants 12 months and under.
006.23
Infant/Toddler Care:
If care is provided to infants and/or toddlers, the licensee
must ensure that the emotional and physical needs of infants and toddlers are
met consistently and promptly. Staff assigned to infants must be identified in
writing and assigned to the same infants whenever possible. Center staff
must:
1. Investigate the cries of
infants immediately;
2. Hold, talk
to, and engage in play activities with each child every day;
3. Hold infants under six months of age or
those not yet able to hold their own bottles. Bottles must not be propped and
must be removed from sleeping infants;
4. Only use high chairs that are equipped
with three-point safety straps;
5.
Obtain and keep on file a signed and dated statement by the parent(s) that
describes the formula and feeding schedule for each infant in care;
and
6. Place infants on their backs
to sleep unless there is a medical reason for a child to sleep in a different
position. A written note from the infant's physician, physician assistant, or
nurse practitioner indicating that the infant must sleep in a different
position must be obtained, kept on file, and available for review by the
Department.
3-006.23A
Infant Care Rooms: Rooms where infants are receiving care must be
limited to the care of no more than 12 children at any one time.
1. If five or more infants are receiving care
in a room, at least two staff members must be in the room.
2. If nine or more infants are receiving care
in a room, at least three staff members must be in the room.
3. Equipment such as cribs with wheels,
buggies, wagons, or laundry carts must be available for emergency evacuation
unless additional staff above the ratio are available to carry
infants.
3-006.23B
Diapering and Toileting
1. The licensee must ensure that diapering
procedures are established and followed by center staff. The procedures must
include:
a. Wet and/or soiled diapers are
changed immediately;
b. Diapers are
checked on a frequent and regular basis;
c. Individual washcloths or disposable
towelettes are used;
d. Wet and
soiled diapers are properly stored and disposed;
e. Diaper-changing surfaces are cleaned after
each use by sanitizing the surface or changing the diaper pad or disposable
sheeting and are disinfected daily; and
f. Proper hand washing is done after each
diaper change.
2. The
licensee must ensure that toilet training is conducted in a manner agreed upon
with the parent. The licensee must also ensure that:
a. Potty chairs are not used or stored in
eating or play areas; and
b. Proper
hand washing by the provider and the child is done each time a child is helped
with toileting.
006.24
Overnight
Care:
If overnight care is provided, center staff must:
1. If requested by the parent, give the child
a shower, tub, or sponge bath in a manner agreed upon between the parent and
the center; and
2. Remain awake and
alert to the needs of children through the night.
006.25
Wading and Swimming
Activities:
Children must be accompanied, kept safe, and adequately
supervised during wading and swimming activities while in care.
3-006.25A
Prohibited Water
Sources: Children must not be allowed to use the following water
sources for wading or swimming activities:
1.
Natural bodies of water;
2. Hot
tubs, spas or saunas;
3. Livestock
tanks; or
4. Decorative
ponds.
3-006.25B
Wading: If the licensee allows children to participate
in wading or other water play activities:
1.
Children must be accompanied and directly supervised; and
2. The licensee must ensure that the wading
pool is drained and sanitized daily and is inaccessible to children when not in
use.
3-006.25C
Permission for Non-Center-Supervised Activities Off the
Premises: If the licensee does not allow children to participate
in swimming activities while in care, but a parent requests that their child
leave the premises to go to a swimming pool, the licensee must obtain a written
and signed statement from the parent that is kept on file on the premises and
available to the Department upon request. The statement must indicate that the
child is allowed to leave care and must acknowledge that the licensee is not
responsible for supervision.
3-006.25D
Permission for
Center-Supervised Activities Off the Premises: If the licensee
allows children in care to participate in swimming activities under the
supervision of center staff but off the center's premises, the licensee must
obtain a written, signed, and dated statement from the parent that is updated
annually. The statement must be available to the Department upon request, and
must indicate the following:
1. The parent
gives permission for their child(ren) to leave the center's premises for
swimming/wading;
2. The location of
the pool where the child is allowed to swim; and
3. Whether the child is allowed to swim in
water over his/her head.
3-006.25E
Licensure of Swimming
Pools: The licensee must ensure that swimming pools off the
center's premises where children are taken are licensed by the
Department.
3-006.25F
Water Safety1. When a swimming
or non-portable pool is in use (except in the case of organized swimming
lessons), the staff-child ratio in 3-006.25H3 must be maintained.
2. When the depth of a pool's water is over
four feet, the licensee must ensure that someone who has satisfactorily
completed a swimming water safety course is on duty at all times children in
care are at the pool.
3-006.25G
Pool on the Premises
Not Used by Children in Care: The licensee must meet the following
requirements if an above-ground or in-ground swimming pool is on the premises
that children in care are not allowed to use:
1. The pool must be enclosed with a fence
that is at least four feet high and flush with the ground;
2. Above-ground pools must have non-climbable
side walls;
3. When a pool is
covered, the cover used must be the manufacturer's recommended cover;
4. Equipment needed to rescue a child or
adult must be readily accessible; and
5. Children must be accompanied and directly
supervised if the pool is located in the outdoor play area.
3-006.25H
Pool on the
Premises Used by Children in Care: If children in care are allowed
to use a pool on the premises, the licensee must meet the requirements in
3-006.25G and:
1. Have a permit issued by the
Department;
2. If the depth of the
water is over four feet, an individual who has satisfactorily completed a
swimming water safety course must be on duty at all times children are at the
pool; and
3. Maintain the following
staff-to-child ratios:
Number of Children |
Number of Staff Required |
Infants |
1 |
1 |
Toddlers |
2 |
1 |
Preschoolers |
4 |
1 |
School-age |
6 |
1 |
006.26
Transportation:
When transportation is provided for children in care, the
licensee must ensure the following conditions are met:
1. No child must ever be left alone in the
vehicle;
2. Smoking is prohibited
in the vehicle used to transport children;
3. All doors on the vehicle must be locked
when the vehicle is in motion;
4.
Any individual who transports children must be at least 18 years of age, and
must possess a current and valid driver's license for the type of vehicle used
to transport children, as verified by the Department of Motor
Vehicles;
5. The vehicle used to
transport children must be properly registered and insured, and must contain a
first aid kit and parent contact information for each child being
transported;
6. The number of
children transported must not exceed the seating capacity of the vehicle as
indicated by the manufacturer;
7.
All children transported must be properly secured in the appropriate restraint
system as required by Neb. Rev. Stat.
§§
60-6,267
and
60-6,268;
8. All car seats must be federally approved
and must be the correct type for the child's age and developmental
level;
9. Written permission from
parents for the center to transport children must be obtained, kept on file,
and made available to the Department;
10. Children must not be transported to any
location without the prior knowledge of the parents, except in a medical or
other emergency;
11. Children must
not be transported to avoid violations of capacity or staff-to-child
ratio;
12. Staff-to-child ratio
must be maintained whenever children are in care;
13. School-age children only may be
transported with no staff in addition to the driver;
14. School-age children only may be
transported in buses over 10,000 pounds, unless the bus is equipped with and
the children are properly secured in the appropriate restraint system as
required by Neb. Rev. Stat.
§§
60-6,267
and
60-6,268;
and
15. The center must have a
written transportation policy that is given to all staff who transport children
and is available to parents and the Department upon request. The transportation
policy must describe:
a. Restraints and
safety equipment;
b. Procedures to
ensure children are never left alone in a vehicle at any time; and
c. Emergency procedures in the event a child
becomes ill, the vehicle breaks down or is involved in an accident, or other
emergencies.
006.27
Medications:
The licensee must ensure the following conditions are met
when center staff or volunteers give or apply medication.
3-006.27A
Giving or Applying
Medication: Any staff who gives or applies medication must do so
in accordance with the "Five Rights" as set out in the Medication Aide Act. The
Five Rights are:
1. The right drug;
2. The right recipient;
3. In the right dose;
4. By the right route; and
5. At the right time.
3-006.27B
Competence to Give or
Apply Medication: Parents or any licensed health care professional
are responsible for determining if center staff are competent to give or apply
medication. Any licensed health care professional, as directed by the
prescribing health professional, is competent to give or apply medication under
any circumstances as long as it is within the scope of practice of that health
care professional. The center director has the responsibility to assess the
ability of staff to give or apply medication.
3-006.27C
Confidentiality: Any staff who gives or applies medication must
not disclose information about a child's medication or physical or mental
health condition unless such information is needed to protect the health of
other children or staff. The use of a posted medication sign-in sheet does not
violate confidentiality if the parent has been advised in writing that the
parent has the option of using a private method of informing center staff of
the child's medication needs.
3-006.27D
Written Permission and
Instructions: Any staff who gives or applies prescription or
non-prescription medication may do so only with prior written permission and
written instructions from a parent. Staff must comply with the instructions
provided by the parent or inform the parent the medications will not be given
or applied.
1. Any error in the giving or
applying of medication must be reported to the parent.
2. The dosage must not exceed that which is
printed on the label.
3. Expired
medication must not be given or applied to a child and must be returned to the
parent or destroyed.
3-006.27E
Unusual
Circumstances: The licensee must obtain a written statement from
the licensed health care professional who prescribed the medication allowing
center staff to give the medication when:
1.
Any prescription medication is given or applied as needed (PRN); or
2. By a route other than oral, topical,
inhalant, or instillation.
The written statement must describe the route and what
symptoms need to exist in order for the medication to be given or
applied.
3-006.27F
Hand Washing: All individuals must properly wash their
hands before giving or applying any medication. If handling any bodily fluids
is involved, individuals must properly wash their hands after giving or
applying medication.
3-006.27G
Storage: All medications must be kept in proper
storage. This includes:
1. All prescription
and non-prescription medications must be kept in locked storage at all times
children are in care;
2. Separate
locked storage must be provided for medications requiring
refrigeration;
3. All medications
must be kept in the original container and stored according to instructions,
clearly labeled for the named child, and returned to the parent when no longer
needed; and
4. Over-the-counter,
non-toxic topical ointments such as lip balm, petroleum jelly, sun block and
diaper ointment must be kept out of the reach of children.
3-006.27H
Record-Keeping: The licensee/director must maintain a record as to
the time and amount of medication given or applied.
006.28
Food Service:
The licensee must ensure that meals and snacks that are
appropriate to the needs of the children in care are served to all children in
attendance. Weekly menus must be given to parents upon request. Meals and
snacks must:
1. Be appropriate to the
age and development of the child;
2. Address children's allergies and food
intolerance; and
3. Meet
established USDA requirements regarding food groups and serving sizes. Meals
and snacks provided by parents must be supplemented if USDA requirements are
not met. If the child's meals are not to be supplemented due to dietary
concerns, a statement from a physician must be obtained and available
indicating it is acceptable for the child to be served a meal that does not
meet USDA requirements.
3-006.28A
The center must offer at least the following number of meals and snacks, based
on how long children are present:
21/2 to 4 hours |
One snack |
4 to 8 hours |
One snack and one meal |
8 to 10 hours |
Two snacks and one meal |
10 or more hours |
Two snacks and two meals |
006.29
Food Safety:
The licensee must ensure that the center complies with the
Food Code whenever food is prepared and/or served on the premises of the
center. If the center serves food prepared at another location, the licensee
must ensure that the individual or organization preparing the food is in
compliance with the Food Code. If the center provides infant formula, it must
be made from commercially prepared products.
3-006.29A
Storage of Breast Milk
and Formula: All prepared formula or breast milk must be
refrigerated and clearly labeled with the child's name, date received, and date
expressed and date frozen if applicable.
1.
Unused prepared formula must be discarded as indicated by the label.
2. Unfrozen breast milk must be discarded
after 48 hours.
3. Frozen breast
milk must be kept in a freezer for no more than three months.
006.30
Emergency Preparedness:
3-006.30A
Telephone:
A working, non-coin operated telephone must be available on the premises at all
times. Emergency telephone numbers, including fire, rescue, police (or 911) and
Poison Control, must be prominently posted.
3-006.30B
Fire and Tornado
Drills: Fire and tornado drills must be practiced with the
children and staff. Written documentation of drills, including dates conducted,
must be kept and available for review by the Department.
1. Fire drills must be completed a minimum of
once per month. At least one fire drill per year must be practiced during
naptime.
2. Tornado drills must be
completed a minimum of four times per year during the months of March through
September. At least one tornado drill per year must be practiced during
naptime.
3-006.30C
Fire and Tornado Safety Diagrams: Fire and tornado
safety diagrams must:
1. Show the layout of
the licensed child care area(s);
2.
Be prominently posted and visible in each room where care is
provided;
3. Include how the
evacuation of children with special needs will be conducted;
4. Include fire evacuation routes;
and
5. Include tornado safety
locations.
3-006.30D
Disaster Preparedness: The licensee must have a
written plan that addresses:
1. Evacuating and
moving children to a safe location in the event of a fire, tornado, flood or
other natural or man-made disaster;
2. Notification of parents of children in
care of an emergency;
3.
Reunification of parents with their children in the event of an emergency that
requires evacuation; and
4. How
children with special needs will be safe in the event of a disaster including
evacuation and reunification with the parent.
3-006.30E
Notification to the
Department of Emergencies: The licensee/director must notify the
Department within 24 hours or next business day of the following occurrences at
the center:
1. The death of a
child;
2. Any accident or injury to
a child which requires hospitalization or treatment at a medical
facility;
3. When a child has been
missing, lost, or left unsupervised on or off the premises; and/or
4. An emergency or disaster that results in
damage to the Child Care Center or the inability of the licensee/director to
comply with regulations.
3-006.30F
First Aid
Kit: A first aid kit must be available on the premises. It must be
inaccessible to children. If any poisons or medications are stored in the kit,
it must be kept in locked storage. The kit must contain:
1. Fever thermometer;
2. Soap;
3. Bandages;
4. Sterile gauze pads;
5. First aid tape;
6. Scissors; and
7. Disposable gloves.
006.31
Environmental
Services:
The licensee must ensure that child care is provided in a
safe, clean, comfortable environment. Every area and building on the same
premises used for child care must comply with these regulations.
3-006.31A
Housekeeping and
Maintenance: The licensee must ensure that the necessary
housekeeping and maintenance are provided to protect the health and safety of
children in care. The center and grounds must be kept clean, safe, and in good
repair.
1. The center and any building on the
premises in or around areas where children are present must be kept free of
exposed lead-based paint surfaces that are flaking, peeling, or
chipped.
2. Rooms, walls, floors,
and ceilings must be kept clean, dry, in good repair, and free of odor
resulting from sewage, mold, mildew, or other environmental or biological
hazards or unsanitary conditions.
3. Heating, ventilation, and lighting in all
rooms used for child care must be adequate to protect the health of
children.
4. The licensee must
equip and maintain the premises to prevent the entrance, harborage, or breeding
of rodents, flies and all other insects and vermin. All doors opening to the
outside must be self-closing (except sliding doors) and all windows used for
ventilation must be screened. The center must have effective screening of all
openings to the outside when flies or other flying insects are
present.
5. All garbage and rubbish
must be disposed of in a manner that minimizes odor and the transmission of
infectious diseases, and prevents the attraction of rodents, flies, and all
other insects and vermin. This includes:
a.
Using containers, both indoor and outdoor, for garbage and rubbish that are
watertight, have tight fitting covers, and are fly and rodent-proof;
b. Keeping all garbage and rubbish containers
clean; and
c. Not burning garbage
on the premises.
6. If
carpeting is used in a bathroom, it must be removable, washable, and
non-shag.
7. Carpeting is
prohibited in the food preparation area.
8. In rooms where food is stored or prepared:
a. Walls and ceilings must be smooth, of
easily cleanable construction, and finished in a light color; and
b. Walls subject to splash must have a
smooth, washable surface.
3-006.31B
Maintenance of
Equipment, Fixtures, Furnishings, and Toys: The licensee must
ensure that equipment, fixtures, furnishings, and toys used in the center are
kept clean, safe, and in good repair.
1. The
licensee/director must create and follow a process for routine and preventative
maintenance of equipment, fixtures, furnishings, and toys so they are kept
safe, in good repair, and available to meet the intended use. This includes
ensuring no sharp edges, rust, or loose parts.
2. Furniture and equipment must be arranged
so as not to interfere with exits.
006.32
Environmental
Safety:
The licensee is responsible for maintaining a safe and
hazard-free environment to protect the health and safety of children in
care.
3-006.32A
Smoking: Smoking anywhere indoors in a child care center is
prohibited at all times, unless the center is located in a private residence.
If the center is located in a private residence, the licensee must ensure that:
1. No one smokes indoors during the hours of
operation when one or more children who are not occupants of the residence are
present; and
2. Parents are
informed before enrollment if the licensee or any household member
smokes.
3-006.32B
Alcohol and Controlled Substances
1. If the center is located in a private
residence, alcohol as defined by Neb. Rev. Stat.
§
53-103
must not be consumed in any area used for child care during the hours of
operation.
2. If the center is not
located in a private residence, alcohol as defined by Neb. Rev.
Stat.
§
53-103
must not be present in any area used for child care whenever any child in care
is present.
3. The unlawful use or
possession of controlled substances, as defined by Neb. Rev.
Stat.
§§
28-401
to
28-403
and
28-439,
is prohibited. Controlled substances that have not been legally prescribed must
not be on the premises.
3-006.32C
Animals/Pets: The licensee must ensure that any animal
at the center does not negatively affect the children. The licensee must:
1. Have all pets examined annually by a
licensed veterinarian and have documentation available;
2. Complete all vaccinations recommended by
the licensed veterinarian that include, at a minimum, current rabies
vaccinations for dogs, household cats, and ferrets, and have documentation
available;
3. Have provisions for
pet care necessary to prevent the acquisition and spread of fleas, ticks and
other parasites;
4. Ensure that no
animals are allowed in the food preparation, food storage, or serving areas
during food preparation and serving times; and
5. Comply with any state or local law or
ordinance relating to the care and ownership responsibilities of pets or
specific breeds identified by those laws or ordinances.
3-006.32D
Prohibited
Animals: Exotic or unusual animals, or any animal that has bitten
or attacked anyone without provocation or has been determined by the local
health authority to be dangerous, must not be allowed on the premises during
the hours of operation.
3-006.32E
Other Environmental Safety Requirements
1. Surfaces must be smooth and free of sharp
edges, mold, or dirt, and the environment must be kept free of other conditions
which may pose a potential risk.
2.
All cleaning agents, medications (both prescription and nonprescription), and
poisonous materials must be kept in locked storage at all times children are in
care. Separate locked storage must be provided for medications requiring
refrigeration.
3. All firearms,
other potentially hazardous weapons, weapon accessories, and ammunition must
not be on the premises of the center, unless the center is located in a private
residence. If the center is located in a private residence, all firearms, other
potentially hazardous weapons, weapon accessories, and ammunition must be kept
in locked storage. Firearms must be unloaded and ammunition must be stored
separately from firearms.
4.
Electrical outlets within reach of children under age six must be covered with
safety caps, ground fault interrupters, or have safety outlets
installed.
5. Shared use of the
following items is prohibited:
a. Disposable
towelettes;
b. Drinking containers,
cups, or glasses;
c. Personal care
items such as toothbrushes and hair brushes;
and
d. Towels and
washcloths.
6. The
licensee must ensure storage that is:
a.
Clean and adequate for all personal items of staff;
b. Clean and adequate for all personal items
of children;
c. Covered and
waterproof for soiled or wet clothing; and
d. For staff and children's storage, areas
separate from where food and medication are kept.
7. Deep freezers that cannot be opened from
the inside must be locked or stored in a locked room.