004.01
License Not
Transferable:
A school-age-only center license is not transferable or
assignable and is only valid at the address printed on the
license.
004.02
Separate License:
An applicant for a school-age-only center license must obtain
a separate license for each program that the applicant seeks to operate.
1. A single license may be issued for a
school-age-only center operating in separate buildings or structures on the
same premises under one licensee.
2. Multiple licenses may be issued for child
care centers, preschools, and school-age-only centers operating on the same
premises under multiple licensees.
004.03 Posting of License and Availability of
License Record Information
The licensee must ensure the current license, including any
applicable status or amendment, is prominently posted and clearly visible in
the child care area. License record information and inspection reports must be
available for public inspection upon request.
004.04
Change in
Premises:
When there is a change in premises:
1. Ninety days before the scheduled date of
occupancy of the new premises, the licensee must submit an application for the
same type of license (provisional or operating) currently held, except that:
a. The following items must be submitted
before the license will be issued:
(1) A
sketch, diagram, or blueprint of the facility showing the dimensions,
arrangement of room to be used by children, and outdoor play area;
(2) A fire inspection approval issued by the
State Fire Marshal or delegated authority;
(3) A sanitation inspection approval issued
by the Department or delegated local authority;
(4) Copies of zoning approval from the
relevant jurisdiction;
(5) Planned
occupancy date; and
b.
Remaining items must be submitted only if there are changes since the previous
application;
2. The
Department will conduct an inspection(s) of the proposed location to determine
compliance with these regulations before use or occupancy by the applicant;
and
3. The new premises cannot be
used for a child care program until a license has been issued by the
Department. The license for the initial premises will become null and void when
a license for the new premises is issued.
004.05
Alternative
Compliance:
The Department may grant alternative compliance with a
regulation under the following conditions:
4-004.05A
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 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.
4-004.05B
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 purposes of the regulation; and
2. Protect the health, rights, safety, and
well-being of all children in care.
4-004.05C
Terms of Alternative
Compliance: An 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.
4-004.05D
Requirements Not
Qualifying for Alternative Compliance: Alternative compliance will
not be granted for requirements that protect the health, safety, and well-being
of children, including the requirements on:
5. Criminal
history/background checks;
6.
Licensee and staff requirements;
7.
Any regulation for which a discipline has been initiated or
completed.
4-004.05E
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.
004.06
Notification of Changes:
An applicant or licensee must notify the Department:
4-004.06A An Amendment to Application must be
submitted at least 90 working days before the planned effective date for a
change:
1. In location (see 4-004.04);
and
2. In building or building
usage.
4-004.06B An
Amendment to Application must be submitted at least five working days before
the planned effective date for a change:
1.
In the days of the week care is provided;
2. In the hours of the day care is
provided;
3. In the age of children
for whom the center provides care; and
4. In household members age 13 or older, if
the center is located in a private residence.
4-004.06C An Amendment to Application must be
submitted within two working days after the following changes are effective:
2. In household members age 12 or younger, if
the center is located in a private residence.
004.07
Information Available to
Public:
The Department will release the following information to the
public upon request:
5. Facility telephone
number;
6. Alternative
compliances;
8. Relevant license
information (for example, licensed capacity, hours and days of operation, 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;
16. Corrective action
plans;
17. Written transcripts of
administrative hearings;
18.
Emergency orders; and
4-004.07A 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 welfare 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.
004.08
Fees:
1. Initial and
annual licensure fees for school-age-only centers are:
a. Programs with licensed capacity of 1-29
$25
b. Programs with licensed
capacity of 30 and up $50
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.