Current through March 20, 2024
To determine compliance with licensing regulations, the
Department will inspect preschool programs as provided under the Nebraska Child
Care Licensing Act.
005.01
Initial Licensure Inspection:
The Department will:
1. Schedule the date and time for the
inspection visit with the applicant and/or the applicant's designee;
2. Conduct an initial on-site inspection to
determine compliance with these regulations within 30 days of receipt of a
complete application for a provisional license; and
3. Provide a preliminary copy of the
inspection report to the applicant and/or the applicant's designee at the
conclusion of the inspection.
005.02
Provisional-to-Operating
License Inspection:
The Department will:
1. Conduct an unannounced on-site inspection
to determine compliance with these regulations;
2. Conduct the inspection within 30 days of
receipt of a complete application for an operating license;
3. Provide a preliminary copy of the
compliance report to the applicant and/or designee at the conclusion of the
inspection; and
4. Document any
violations of these regulations determined at the inspection.
005.03
Annual and
Semi-Annual License Inspections:
To determine compliance with licensing regulations, the
Department will conduct unannounced inspections:
1. A minimum of once each year of preschools
licensed for 29 or fewer children; and
2. A minimum of twice each year of preschools
licensed for 30 or more children.
005.04
Follow-Up
Inspection:
The Department may conduct a follow-up inspection to
determine if the licensee has corrected all violations and to determine full
compliance with regulations following any type of inspection. If conducted, the
follow-up inspection will:
1. Occur no
later than 60 days after the original inspection, or sooner if the licensee
requests or the violation needs to be corrected immediately; and
2. Be unannounced unless the preschool is
closed.
005.05
Monitoring Inspections:
The Department may conduct unannounced monitoring inspections
to determine compliance with regulations and the conditions of any negative
action or discipline.
005.06
Inspection Results:
1. The Department will provide a copy of the
compliance report to the child care program within ten working days after
completion of an inspection.
2.
When the Department finds that the applicant or licensee has complied
substantially, but has failed to comply fully with all regulations, the
applicant or licensee may request an alternative compliance (see
5-004.05).
3. When the Department
finds that the applicant or licensee has complied substantially, but has failed
to comply fully with all regulations and the failure(s) would not pose an
imminent danger of death or serious harm, the Department may:
a. Allow the applicant or licensee a period
of time to correct all the violations; or
b. Initiate negative action or discipline if
the applicant or licensee fails to correct all violations within the time frame
given by the Department or has a history of violating the same or similar
regulations at previous inspections.
4. When the Department finds that the
applicant or licensee has failed to meet the regulations, the Department may
initiate negative action or discipline or require the applicant or licensee to
make all corrections at the time of inspection. If compliance cannot be
achieved immediately, the Department may allow a reasonable period of time
after the inspection was conducted to make corrections.
005.07
Complaint
Investigations:
The Department will investigate any licensed child care
center after receiving an allegation of violation of licensing
regulations.
1. The Department will
accept complaints from anyone who witnessed a violation or a parent/guardian of
a child who witnessed a violation.
2. The Department will accept complaints via
telephone, letter, fax, electronically, or in person.
3. The identity of a complainant is not
public information.
4. Only if
found to be credible by the Department can such an allegation or complaint
result in any negative action or discipline.
005.08
Complaints of Allegedly
Improper Unlicensed Care:
The Department will investigate any complaint of a person
allegedly providing a preschool program without an appropriate license. The
Department will accept complaints from anyone via telephone, letter, fax, or
electronically. The identity of a complainant is not public information.
The Department may request enforcement by the Attorney
General or the appropriate County Attorney if a person continues to provide a
child care program without a license.
005.09
Inspections by Other
Entities:
5-005.09A
Fire Inspection: The Department will make a fire
inspection referral when:
1. An application is
received for an initial preschool license;
2. When the preschool is licensed for 13 or
more children, every two years following the initial fire inspection unless the
preschool is located in a health care facility or school that receives more
frequent fire inspections;
3.
Whenever the preschool requests to use space that was not previously approved
for use;
4. There is a change in
address;
5. There is a complaint
specific to fire safety issues; or
6. Department staff observe conditions that
may endanger the health or safety of children in
care.
