003.08(A)
INITIAL LICENSING
APPLICATION PACKET. The initial licensing application packet must
include the completed:
(1) Department approved
application form;
(2) References as
required by this chapter;
(3)
Department approved health information form;
(4) Home Study as required by this
chapter;
(5) Background checks as
required by this chapter;
(6)
Department approved compliance checklist; and
(7) Verification of pre-service training as
required by this chapter.
003.08(A)(i)
COMPLETE
APPLICATION. If an applicant fails to provide the completed
licensing application, or fails to cooperate in the licensing process, the
application for a license will be denied. If the Department determines an
application is incomplete or inaccurate information is provided, the Department
may request additional information from the applicant instead of issuing an
immediate denial of the license. Applications that remain incomplete for three
months or longer will be denied.
003.08(A)(ii)
HEALTH
INFORMATION. Each household member of the age of majority who will
provide care for a foster child, including each applicant, must provide health
information to document that she or he is physically and mentally capable of
caring for children. For purposes of the initial license, the health
information must include the signature of a Medical Professional. For purposes
of license renewal, a self-certifying report without the signature of a Medical
Professional is acceptable.
003.08(A)(ii)(1)
PRESCRIBED MEDICATIONS. If the Foster Care applicant
is taking prescribed medications, the applicant must list the prescribed
medications on the health information report.
003.08(A)(ii)(2)
REQUEST FOR
ADDITIONAL HEALTH INFORMATION. If the health information report
indicates that an applicant has a potential health related issues that could
impact the applicant's ability to safely care for children, the Department may
require the applicant to provide additional documentation.
003.08(A)(ii)(3)
COST OF HEALTH
INFORMATION REPORT OR EXAM. If a physical exam or medical
appointment is necessary in order for the applicant to obtain a health
information report or additional information, the Department will not pay for
the costs of the examination or medical appointment unless the applicant is
applying for a Relative Foster Care License. Whether the Department will pay
for a relative's examination or report will be determined at the sole
discretion of the Department on a case by case basis.
003.08(A)(ii)(4)
DENIAL OF
LICENSE. If the applicant does not supply the requested health
information report or additional documentation, the license application will be
denied. If the applicant provides inaccurate or false information, the license
application will be denied.
003.08(A)(iii)
REFERENCES. For purposes of the initial license
application, each applicant must provide the names and contact information of
at least three individuals who can attest to the capability of the applicant to
care for a child. At least one reference must be from a relative of the
applicant and at least two references must be from a non-relative.
003.08(A)(iv)
BACKGROUND
CHECKS. The applicant and all other members of the household 18
years of age and older will submit background checks prior to licensing. Each
individual living in the home on whom a background check will be performed will
sign the authorization form granting the Licensing Agent permission to perform
the background checks and obtain the results. The authorization must include
all previous known names, including maiden names and aliases. The release of
information must be signed by the parent or guardian for any child under the
age of 19. Any foster children residing in the household are not subject to
these background check requirements. The following background checks will be
conducted:
(1) State Central Register or
Registry of child protection for any state in which the applicant has lived
within the past 5 years;
(2)
Nebraska Adult Protective Services Central Registry;
(3) Appropriate local law enforcement
agency;
(4) Sex Offender Registry
for any state in which the applicant has lived within the past 5
years;
(5) State-level criminal
history; and
(6) Fingerprint-based
National Criminal History Check.
003.08(A)(v)
ACTION BASED ON
BACKGROUND CHECK RESULTS. If the prospective foster parent has a
criminal history is on a state's central registry for child protection, the
Department will determine licensing eligibility, based on the following
criteria:
003.08(A)(v)(1)
INELIGIBLE. A prospective foster parent is ineligible
to receive a Foster Care license if background checks results indicate either
of the following:
(a) The prospective foster
parent has been convicted of a felony involving abuse or neglect of a child,
spousal abuse, a crime against a child or children, including child
pornography, or a crime of violence, including rape, sexual assault, or
homicide, but not including other physical assault or battery; or
(b) The prospective foster parent is
identified as a perpetrator on a Central Registry or equivalent in any
state.
003.08(A)(v)(2)
INELIGIBLE FOR FIVE YEARS. A prospective foster parent
convicted of a felony involving physical assault, battery, or a drug-related
offense is ineligible to provide Foster Care for five years after the date of
conviction.
003.08(A)(v)(3)
ELIGIBLE AT DEPARTMENT'S DISCRETION. If a prospective
foster parent has been convicted of a crime or crimes that do not otherwise
result in ineligibility, the Department will review the facts and circumstances
of the convictions to determine whether the person is eligible to provide
Foster Care.
003.08(A)(v)(4)
CHANGE IN HOUSEHOLD MEMBERS. When the Department is
notified that there is a change individuals residing in the home, the
Department may require any individual age 18 or older to submit to the
background checks set forth in this section. If any individual age 18 or older
is ineligible to receive a foster care license pursuant to this section, the
Department may initiate a licensing action.
003.08(A)(vi)
COMPLIANCE
CHECKLIST. Prior to licensure, renewal, or a license amendment,
the Licensing Agent completes a Department approved compliance checklist. In
order to complete the checklist for licensure or re-licensure, the Licensing
Agent must make an on-site visit to the home. The home to be licensed must meet
all criteria set forth in the compliance checklist or a license will be denied
or may be revoked.
003.08(A)(vi)(1)
ENVIRONMENTAL REQUIREMENTS. In order for a foster
license to be issued, the home must meet all the environmental requirements of
this section.
003.08(A)(vi)(1)(a)
BEDROOMS. Bedrooms or sleeping areas meet the
following criteria:
(i) Each child is provided
with a bed, bedding, and a place to store his or her belongings;
(ii) No person over the age of majority may
co-sleep or bed share with any person under the age of majority; and
(iii) When required by the placing agency or
the Department, the applicant will provide separate bedrooms for children of
opposite sexes.
003.08(A)(vi)(1)(b)
FREE FROM
INFESTATION. The home must be free from rodents and insect
infestation.
003.08(A)(vi)(1)(c)
WATER SUPPLY. The Licensing Agent will verify that the
foster home has a continuous supply of safe drinking water and that the water
supply meets one of the following criteria:
(i) The Water supply is from a private well,
and has been tested for bacteria and nitrates and approved at initial
application and annually thereafter by a lab certified by the Department;
or
(ii) The water comes from a
municipal source.
003.08(A)(vi)(1)(d)
FIRE SAFETY
FOR LICENSED FOSTER HOMES. The Licensing Agent will verify that
the home has:
(i) At least two exits on grade
level;
(ii) At least two means of
escape from every level of the home that is used for sleeping;
(iii) Operable smoke detectors, maintained
according to manufacturer's recommendations, which are located on each level of
the home. For bedrooms located below grade level and used by foster children,
the detectors must be single station approved detectors; and
(iv) At least one operable carbon monoxide
detector on each level of occupancy of the home.
003.08(A)(vi)(1)(e)
PETS. The Licensing Agent will verify the following
for any pet in the home:
(i) That the pet is
licensed in accordance with the applicable state, local or tribal
law;
(ii) That the pet is current
on any necessary or required vaccinations; and
(iii) That the pet has no history of
aggression.
003.08(A)(vi)(1)(f)
OUTDOOR
RECREATIONAL AREA. The Licensing Agent will verify that the
grounds are clean, well-drained, and hazard-free.
003.08(A)(vi)(1)(f)(i)
OUTDOOR
SWIMMING POOLS. All outdoor swimming pools, hot tubs or spas
filled with more than one foot of water must meet the following requirements:
(1) The portion of the yard where the
swimming pool, hot tub or spa is located must have a fence on all sides
equipped with a safety device, such as a bolt lock;
(2) If the swimming pool cannot be emptied
after each use, the pool must be equipped with a working pump and filtering
system; and
(3) Hot tubs and spas
must have safety covers that are locked when not in use.
003.08(A)(vi)(1)(g)
WASTE DISPOSAL. The Licensing Agent will verify that:
(i) Garbage that is stored outside the home
is stored in containers and disposed of regularly; and
(ii) An appropriate sewer or septic system is
used.
003.08(A)(vi)(1)(h)
ALTERNATIVE COMPLIANCE. The Department may approve a
request of an applicant to comply with the licensing standard in a different
way from what is stated. The applicant must submit the request to the
Department in writing prior to a licensing determination being made. The
applicant will resubmit the alternative compliance request to the Department
each time a license is to be issued, amended, renewed, or reinstated.
003.08(A)(vi)(1)(h)(i)
ALTERNATIVE COMPLIANCE WITH FIRE SAFETY AND WASTE
DISPOSAL. The Licensing Agent will submit all alternative
compliance requests regarding fire safety or waste disposal requirements to the
state or local fire authority or to the state or local health department for a
decision on suitability of the suggested
alternative.
003.08(A)(vi)(2)
TRAINING. The applicant completes training as follows:
(i) For an initial license, the applicant
must complete 21 hours of the Department-approved pre-service training, with
such training being completed prior to licensure and within the 12 months
immediately prior to licensure;
(ii) For a license renewal, the licensee must
complete 12 hours of the Department approved in-service trainings annually
within the effective dates of his or her license to be renewed;
(iii) All foster parents receive training
relating to the Reasonable and Prudent Parent Standard that meets the
requirements of Nebraska Revised Statute
43-4707;
and
(iv) All foster parents receive
training on recognizing human trafficking, including recognizing sex
trafficking and labor trafficking as required by Neb. Rev. Stat. §
43-4707.
003.08(A)(vi)(2)(a)
ACTIVITIES
COUNTED AS TRAINING. If a foster parent wishes to have a course or
activity counted toward the in-service training requirements, the activity or
course must be submitted to the Department for review and may only be counted
towards the training hours if the Department gives written approval. The
Department retains the discretion to determine which activities and courses
will be approved for training credit.
003.08(A)(vi)(2)(b)
DOCUMENTATION. The applicant will provide written
documentation of the training received.
003.08(A)(vii)
HOME
STUDY. The Home Study must be completed in the Department approved
format. The individual preparing the home study must complete at least one
scheduled on-site visit to assess the home. The Home Study will include
information on the physical and mental health history, including any history of
drug or alcohol abuse or treatment, for any household member of the age of
majority who will be providing care for the child. The Licensing Agent will
submit a completed Home Study regarding the applicant to the Department as a
part of the licensing application packet.
