Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 395 - CHILDREN AND FAMILY SERVICES: PROTECTION AND SAFETY
Chapter 3 - FOSTER CARE LICENSURE AND APPROVAL, PLACEMENT, AND HOME STUDIES
Section 395-3-004 - APPROVAL OF PLACEMENT IN UNLICENSED HOMES

Universal Citation: 395 NE Admin Rules and Regs ch 3 ยง 004

Current through September 17, 2024

004.01 KINSHIP AND RELATIVE HOMES. A child who is in the custody of the Department will not be placed in an unlicensed home, without Department approval. The only foster homes that may be approved are Kinship Homes and Relative Homes. All relative and kinship foster parents must sign the Department's placement agreement and abide by all terms of the agreement.

004.02 NON-EMERGENCY APPROVAL OF RELATIVE AND KINSHIP HOMES. In order for a child to be placed in a Kinship or Relative Home the requirements of this section must be met.

004.02(A) REQUIREMENTS. Prior to a child being placed in a Relative or Kinship Home the Department will complete background checks on all household members 18 years of age and older. The background checks to be completed are:
(i) Child Abuse and Neglect Central Registry for all states in which the individual has lived within the past 5 years;

(ii) Adult Abuse and Neglect Central Registry check;

(iii) Sex Offender Registry check for all states in which the individual has lived within the past 5 years; and

(iv) Local law enforcement agency check; and

(v) National fingerprint-based criminal history check.

004.02(B) ACTION BASED ON REQUIRED BACKGROUND CHECKS. 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:
004.02(B)(i) INELIGIBLE. The Relative or Kinship Home will not be approved if the background checks on any household member indicate either of the following:
(a) The household member 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 household member is identified as a perpetrator on a Central Registry or equivalent in any state.

004.02(B)(ii) INELIGIBLE FOR FIVE YEARS. A Relative or Kinship Home will not be approved if any household member age 18 or older has been convicted of a felony involving physical assault, battery, or a drug-related and the date of conviction is within the past five years.

004.02(B)(iii) ELIGIBLE AT DEPARTMENT'S DISCRETION. If any household member age 18 or older 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 Relative or Kinship Home will be approved.

004.02(B)(iv) CHANGE IN HOUSEHOLD MEMBERS. When the Department is notified that there is a change in 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 determine that Relative or Kinship Home is no longer approved.

004.02(C) HOME STUDY. The Department must receive a completed Home Study on the Relative or Kinship Home within 45 days of placing the child in the home.

004.03 EMERGENCY APPROVAL OF RELATIVE AND KINSHIP HOMES. Emergency approval of a Relative or Kinship Home is allowed when non-emergency approval prior to placement is unfeasible, subject to the requirements of this section.

004.03(A) EMERGENCY APPROVAL REQUIREMENTS. The following must be met prior to a Relative or Kinship Home being approved for emergency placement:
(1) The Department will visit the home of the potential Caregiver, including a face-to-face meeting with at least one of the prospective adult Caregivers;

(2) All Caregivers are the age of majority;

(3) The Department determines that there is adequate housing and will not compromise the child's safety;

(4) The Department determines that the adult Caregiver is able to adequately meet the needs of the child;

(5) At least one of the relative or kinship caregivers in the home must be able to communicate with the child in the child's own language;

(6) At least one of the relative or kinship caregivers in the home must be able to communicate with the Department, the Licensing Agent, health care providers and other service providers; and

(7) The following background checks are completed on all household members age 18 or older:
(a) Child Abuse and Neglect Central Registry check for all states in which the individual has lived within the past 5 years;

(b) Adult Abuse and Neglect Central Registry check;

(c) Sex Offender Registry check for all states in which the individual has lived within the past 5 years; and

(d) Local law enforcement agency check.

004.03(A)(i) EXCEPTION TO HOME VISIT. The Department may make an exception to visiting the home and having a face-to-face meeting with one of the prospective caregivers if law enforcement made arrangements for the child to temporarily reside with the Relative or Kinship Home. In that case, the visit by the worker will be made no later than one working day after the placement.

004.03(B) COMPLETION OF NON-EMERGENCY REQUIREMENTS. After a child is placed in the emergency approved Relative of Kinship Home, the remaining nonemergency approval requirements, including the national fingerprint check and home study, must be completed within 60 calendar days.

004.04 WHEN PLACEMENT APPROVAL DENIED OR REVOKED. If, at any point in time, the Department becomes aware that a the Relative of Kinship Home does not meet approval requirements or is otherwise contrary to the child's best interest the Department may deny or revoke approval of the Kinship or Relative Home.

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