The Nebraska Department of Health and Human Services is assigned responsibility for licensing child care programs in Nebraska Revised Statutes, Sections 71-1908 through 1918.
The licensing of child care programs is administered within the Department of Health and Human Services.
Department staff are responsible for the compliance with appropriate statutes, development and implementation of all child care licensing regulations, administration of child care licensing programs, license issuance, protection of provider's rights, fiscal control, public awareness, parent education, and statistical analysis.
Department staff accept and process the applications of child care/preschool providers and conduct background checks on staff in all child care license types.
The following definitions apply to all child care/preschool programs:
Agency Representative - Any person employed by or under contract with the Nebraska Department of Health and Human Services, the Nebraska Department of Health and Human Services Regulation and Licensure, the State Fire Marshal, or their designated agents.
1. Infant - A child 6 weeks to 18 months of age.
2. Toddler - A child age 18 months to 36 months.
3. Preschooler - A child age 36 months to school-age.
4. School-age - A child who attends grades kindergarten and above.
Child Care - The provision of care -
1. To four or more children under age 13 at any one time from families other than that of the provider;
2. For on the average of less than 12 hours per day;
3. For compensation, either indirect or direct;
5. By a person other than their parents/guardians. (Nebraska Revised Statutes, Section 71-1910)
Child Care Resource Specialist - A Department staff person responsible for measuring compliance with licensing regulations, and who provides consultation and technical assistance to child care providers.
Crib - Federally-approved infant equipment with a mattress.
Department - The Nebraska Department of Health and Human Services.
Delivery of Medication - Giving or applying a dose of medication to a child, either prescription or nonprescription.
Family - Individuals who are not household members and have one or more children enrolled in the child care program.
Fence - A barrier at least 36 inches in height, and flush with the ground.
Household Member - Any person residing in or regularly present in the child care home including children and youth for whom 24-hour care is provided.
Infant - A child age six weeks to 18 months.
Medication Route - The method in which medication is given to a child. Routes are defined as:
2. Topical - applied externally to the skin;
3. Inhalant - given via the respiratory tract by having children breathe in the medication; or
4. Instillation - placing drops or ointments into the eye, ears, or nose.
Own Children - The term "own children" includes biological, adoptive, foster children and grandchildren below age eight.
Parent - The natural parent, adoptive, or step parent(s), guardian, or other legally responsible person.
Premises - The home/facility, including areas of the home/facility not used for child care/preschool, all attached and all outbuildings, and all areas included within the lot boundaries.
Preschooler - A child age 36 months to school-age.
PRN - Giving children medication that is not routine and is taken on an as-needed basis.
Recreation Camp - Programs or services that are recreational, social, or instructional and that are provided on a time-limited or irregular schedule and are not for the purpose of providing child care services.
Regulation - A requirement or policy having the force and effect of law.
Schoolage Child - A child who attends kindergarten or above.
Swimming Pool - Any artificial basin with more than 12 inches of water which has been designed for the purpose of swimming.
Toddler - A child age 18 months to 3 years.
Wading Pool - A portable, above-ground basin filled with 12 or fewer inches of water, and designed for the purpose of wading.
These definitions are specific to a Family Child Care Home I.
Family Child Care Home I - A child care operation in the provider's place of residence which serves at least four but not more than eight children at any one time. A Family Child Care Home I provider may be approved to serve no more than two additional school-age children during non-school hours.
Overnight Care - Care provided for children between the hours of 9:00 p.m. and 6:00 a.m.
Primary Provider - A person age 19 or older responsible for the daily operation of the Family Child Care Home I and to whom the license is issued; also referred to as child care provider.
Registration - The process by which the child care provider self-certifies that s/he has complied with the rules as contained in the Family Child Care I publication.
Registration Clerk - The staff person responsible for processing Family Child Care Home I license applications.
Secondary Provider - A person age 16 or older providing direct care with the primary provider and needed to meet appropriate child/staff ratio as defined in the "Ratio/Capacity for Family Child Care Homes.
Substitute - A person age 16 or older who provides care in the absence of the primary provider in a Family Child Care Home I.
These definitions are specific to a Family Child Care Home II.
Family Child Care Home II - A child care operation either in the provider's place of residence or a site other than the residence, serving twelve or fewer children at any one time.
Licensee - The owner of the child care program and the person(s) to whom the license is issued.
Overnight Care - Care provided for children between the hours of 9:00 p.m. and 6:00 a.m.
Primary Provider - A person age 19 or older responsible for the daily operation of the Family Child Care Home II and to whom the license is issued, also referred to as the licensee; OR a person age 19 or older responsible for the daily operation of the Family Child Care Home II program and hired by the licensee.
Secondary Provider - A person age 16 or older providing direct care with the primary provider and needed to meet appropriate child/staff ratio as defined in the "Ratio/Capacity for Family Child Care Homes."
Substitute - A person age 16 or older who provides care in the absence of the primary provider in a Family Child Care Home II.
These definitions are specific to Child Care Centers.
Child Care Center - A facility licensed to provide child care for 13 or more children.
Director - The person who is responsible for the daily operation of the child care center, including compliance with all regulations.
Evening Care - Care provided for children between 7:00 p.m. and 6:00 a.m.
Licensee - The owner of the child care program and the person(s) to whom the license is issued.
Room - An area with four walls flush from the floor to the ceiling and at least one passageway.
A partition may be considered a wall if the partition is at least four feet high, is flush to the floor and to the other walls, and the partitioned area includes only one passageway at least 28 inches but not more than 36 inches wide.
Support Staff - Those persons, whether paid or volunteer, employed by the center in such positions as aides, food service, clerical, custodial, and transportation.
Teacher/Assistant Teacher - The person who is responsible for the direct care of the children, whether paid or volunteer.
These definitions are specific to Preschools.
Director - The person who is responsible for the daily operation of the preschool, including compliance with all regulations.
Licensee - The owner of the preschool program and the person(s) to whom the license is issued.
Preschool - An early childhood program which provides primarily educational services where children do not nap and where children are not served a meal.
Support Staff - Those persons, whether paid or volunteer, employed by the preschool in such positions as aides, food service, clerical, custodial, and transportation.
Teacher/Assistant Teacher - The person who is responsible for the direct care of the children, whether paid or volunteer.
A license is required when care is provided to four or more children under age 13 at any one time, from families other than that of the provider, for compensation, either direct or indirect. This care must be in lieu of care or supervision normally exercised by parents in their own home.
The Department shall issue a license only when the applicant -
1. Is in compliance with all applicable regulations, or
2. Has been granted an alternative compliance, or
3. Has a corrective action plan approved by the Department that specifies how compliance will be achieved within a specific time period, AND
There is a twenty-five dollar fee charged for the issuance of each license for providers with a license capacity of less than thirty children and a fifty dollar fee charged for the issuance of each license for providers with a license capacity of thirty or more children. An annual license fee of twenty-five dollars must be paid by providers with a licensing capacity of less than thirty children and an annual license fee of fifty dollars must be paid by providers with a licensing capacity of thirty or more children.
Fire inspection fees are determined and collected by the State Fire Marshal and/or their delegated authority after initial licensure.
All child care/preschool licenses are effective only for the address shown on the license, and as follows:
1. Provisional License: The license issued to all newly licensed providers for the first year of operation. This license may be extended for one six month period.
2. Operating License: The standard non-expiring license issued to providers who have been licensed for more than one year and are in full compliance with all regulations.
3. Probationary License Status: The license status determined when a provider is found to be out of compliance with regulation(s) and has a corrective action plan approved by the Department that specifies how compliance will be achieved in no more than six months. This status cannot be renewed or extended. The maximum capacity, days, and hours of operation will be indicated on every license issued by the Department.
The following services are exempt from licensure, but may voluntarily be licensed:
1. Facilities providing irregular child care (care provided randomly with no established pattern of occurrence);
2. Care provided without cost or any form of compensation;
3. Care given to three or fewer children at any one time, except by a person whose license has been suspended or revoked;
5. Classes or services provided by a religious organization other than child care, preschools, or nursery schools;
6. A preschool program conducted in a school approved pursuant to Nebraska Revised Statutes, Section 79-318;
7. Care provided to children 13 years of age or older;
8. Care provided by grandparents to their grandchildren;
9. Care provided on military installations;
10. Care provided on Indian Reservations by Native Americans; and
11. Care provided by non-Native Americans on Indian reservations when tribal authorities have assumed the jurisdiction for regulating the care.
The licensing process for Family Child Care Home I is a self-certification process completed by the provider and Department staff.
The provider self-certifies that s/he is in compliance with the Family Child Care Home I regulations by completing the following forms provided by and returned to Department staff:
An inspection referral will be sent to the appropriate Fire Marshal by Department staff.
A non-refundable license fee and fire inspection fee will be collected at the time of initial application; a non-refundable license fee will be collected annually thereafter.
Fire inspection fees are determined and collected by the State Fire Marshal and/or their delegated authority after initial licensure.
Fees will be accepted in the form of a check or money order only. Cash will not be accepted.
Department staff shall determine the maximum license capacity by the available space in the child care home and the number authorized by the State Fire Marshal, whichever is fewer.
The licensing process for Family Child Care Home II requires prelicensing visits by -
1. The State Fire Marshal for a fire safety inspection; and
2. The Department of Health and Human Services for determination of compliance with licensing regulations.
The following forms will be completed and submitted to Department staff in the application process:
A non-refundable license fee and fire inspection fee will be collected at the time of initial on-site inspection by Department staff; a nonrefundable license fee will be collected by Department staff annually thereafter.
Fire inspection fees are determined and collected by the State Fire Marshal and/or their delegated authority after initial licensure.
Fees will be accepted in the form of a check or money order. Cash will not be accepted.
A provider with a current Provisional Family Child Care Home I license may amend the license to a Provisional Family Child Care Home II. The provider will be issued a Provisional Family Child Care Home II license effective from the date of amendment to expiration of the Provisional Family Child Care Home I license.
The provider must follow the application process for a Provisional Family Child Care Home II. If a 60-day visit has been completed on the provider during the provisional license period, another visit is not required unless Department staff determines that a visit should be conducted. Department staff may indicate compliance with the Family Child Care Home II regulations by documenting a telephone conversation with the provider.
A license fee is not required. The State Fire Marshal and/or delegated authority will collect a fee for a fire inspection if applicable. See 391 NAC 3-001.03A4 for fire inspections.
Department staff will send appropriate referrals if applicable.
A provider with a current Operating Family Child Care Home I license may amend the license to an Operating Family Child Care Home II license if the provider has been licensed for at least one year and is in good standing, i.e., there have been no negative actions (including a licensing agreement) initiated on the license. An agreement regarding the behaviors of household members is not considered a negative action. The provider will be issued an Operating Family Child Care Home II license effective from the date of amendment.
The provider must follow the application process for an Operating Family Child Care Home II license.
A license fee is not required.
The State Fire Marshal and/or their delegated authority will collect the appropriate fire inspection fee if applicable. See 391 NAC 3-001.03B4 for fire inspections.
Department staff will send appropriate referrals if applicable.
A provider with a current Provisional Family Child Care Home II license may amend the license to a Provisional Family Child Care Home I license. The provider will be issued a Provisional Family Child Care Home I license effective from the date of amendment to the expiration date of the Provisional Family Child Care Home II license.
The provider must follow the application process for a Provisional Family Child Care Home I license.
No referrals are necessary. The Fire Marshal approval for the Family Child Care Home II will suffice for the Family Child Care Home I at the address for which the provider wishes to become licensed. If the address is different, a referral for a new inspection will be necessary and the applicable fee will be required.
A provider with a current Operating Family Child Care Home II license may amend the license to an Operating Family Child Care Home I. The provider will be issued an Operating Family Child Care Home I license effective from the date of amendment.
An Operating Family Care Child Home II license can be amended to an Operating Family Child Care Home I if the provider has been licensed for at least one year and is in good standing, i.e., no negative actions (including licensing agreements) have been initiated on the license. An agreement regarding the behaviors of household members is not considered a negative action.
No referrals are necessary. The Fire Marshal approval for the Family Child Care Home II will suffice for the Family Child Care Home I at the address for which the provider wishes to become licensed. If the address is different, a referral for a new inspection will be necessary and the applicable fee will be required.
1. Nebraska Child Abuse and Neglect Central Registry:
a. The names of the applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers and all support staff) will be cleared against the Nebraska Child Abuse and Neglect Central Registry by Department staff.
b. When child care is being provided in the residence of the provider, the names of all household members age 13 and older will be cleared against the Nebraska Child Abuse and Neglect Central Registry by Department staff.
c. Whenever the name of an applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers and all support staff) and/or household member is identified as being on the Nebraska Child Abuse and Neglect Central Registry as a perpetrator, for an entry made prior to April 18, 1994, staff will notify the individual that his/her name appears on the Register and may proceed with actions necessary to deny or revoke the child care/preschool license.
2. Nebraska Adult Protective Services Central Registry:
a. The names of the applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers and all support staff) will be cleared against the Nebraska Adult Protective Services Central Registry by Department staff.
b. When child care is being provided in the residence of the provider, the names of all household members age 18 and older will be cleared against the Nebraska Adult Protective Services Central Registry by Department staff.
c. Whenever the name of an applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers and all support staff) and/or household member is identified as being on the Nebraska Adult Protective Services Central Registry as a perpetrator, staff may proceed with actions necessary to deny or revoke the child care/preschool license.
3. Felony/Misdemeanor Statements:
a. The applicant, child care provider licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers and all support staff) shall submit a completed and signed Felony/Misdemeanor Statement to Department staff.
b. When child care is being provided in the residence of the provider, all household members age 19 and older shall submit a completed and signed Felony/Misdemeanor Statement to Department staff, including any crimes for which a juvenile has been adjudicated as an adult.
c. The Department may request additional information from the provider and/or community, state, and/or federal law enforcement agencies.
d. Whenever the applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers and all support staff) or household member has a history of criminal behavior, staff may proceed with actions necessary to deny or revoke the child care/preschool license.
- These visits will be unannounced;
- Allegations of maltreatment of children will be addressed within 24 hours of the receipt of the complaint;
- Allegations of licensing violations will be addressed within five working days of the receipt of the complaint;
- Allegations regarding unlicensed care will be addressed within ten working days of the receipt of the complaint.
- These visits will be unannounced;
- These visits will be within 60 days of the issuance of a provisional or operating Family Child Care Home I license;
- These visits will be conducted within 60 days of the amendment of a Family Child Care Home I license because of change of location.
- These visits will be scheduled in advance with the Family Child Care Home II provider;
- These visits will assess compliance with all applicable regulations.
- These visits will be unannounced;
- These visits to Family Child Care Home I and II providers will assess compliance with applicable regulations.
- These visits will be to Family Child Care Home II providers who are changing locations;
- These visits will be to Family Child Care Home II providers when there is a change in ownership.
f. Consultation/Technical Assistance Visits
- These visits will be scheduled only upon request of Family Child Care Home I and II providers;
- These visits will be an opportunity for providers to become better informed of the applicable regulations.
(1) Compliance Reviews will be completed for all visits with the exception of Consultation/Technical Assistance Visits. Providers will be given the opportunity to include written comments on the review form and will be given a copy of the review form or checklist at the time of the visit.
(2) Forms needed to complete initial licensure, annual inspections and amendments to the license will be completed as documentation for these visits.
(3) Sanitation and Fire Safety referrals will be made to the appropriate agency or delegated authority and documented with an inspection referral when applicable.
(4) Referrals to other HHS programs or non-HHS resources can be made at the request of the provider or upon determination of actual or potential non-compliance with regulations. Written documentation is not required for resource-only referrals.
(1) All allegations of non-compliance on licensed child care/preschools programs and unlicensed care complaints will be entered and tracked on the automated Child Care Complaint Tracking System.
(2) When a complaint visit is conducted, a Compliance Review form will be completed. Providers will be given the opportunity to include written comments on the review form and will be given a copy of the review form or checklist.
a. Child Protective Services/Law Enforcement
(1) When a complaint alleging child abuse or neglect in a child care/preschool facility is received, staff shall inform the Child Protective Services Unit, providing the name of the complainant whenever possible.
(2) Coordination with Child Protective Services and/or law enforcement will be maintained throughout the investigation process.
(3) Copies of Child Protective Services and/or law enforcement report(s) will be obtained following the conclusion of the investigation.
(4) If non-compliance with regulations is alleged from the investigation, a visit will be made to the child care/preschool program to determine compliance with regulations.
b. Sanitation/Health and Fire Safety
(1) When a complaint alleging sanitation/health and/or fire safety concerns is received or staff observe conditions that may endanger the health or safety of children, an inspection referral will be sent to the appropriate health/sanitation and/or fire safety authority.
(2) If the health/sanitation and/or fire safety inspection referral is returned indicating disapproval, staff shall proceed with actions necessary to deny or revoke the child care license.
(1) The appropriate county attorney must be given information regarding unlicensed child care programs that require a license based on statute.
(2) Follow-up contacts with the county attorney on unlicensed child care referrals will be coordinated by Department staff.
d. Other: Upon request of the child care/preschool provider or upon determination of actual or potential non-compliance with regulations, staff may make referrals to Department programs, Child and Adult Care Food Program, other state agencies and/or training resources.
The Department may grant alternative compliance with regulations if the Department determines that the alternative offers equal protection for children and meets the intent of the regulation for which alternative compliance is sought. Alternative compliances are not intended to waive or provide exemptions from regulations. Alternative compliances will not be granted for -
1. Exceeding the license capacity;
5. Fire safety inspection disapprovals; and/or
6. Any regulation for which denial or suspension/revocation action(s) has been taken.
When multiple licenses are issued to the same provider, all appropriate regulations must be met and all appropriate inspections must be completed. Multiple licenses or approvals may be granted for different types of programs at the same location, i.e., for child care, foster care, adult or elder care. In addition to determining the child care license capacity per program, the Fire Marshal shall determine the maximum number of children, youth, and/or vulnerable adults that can be on the premises at any one time.
An individual may hold a license for more than one child care/preschool program in different locations as long as there is an on-site primary provider/director who meets required regulations and all other staffing requirements are met.
A Family Child Care Home I license will be issued only for the provider's place of residence.
1. Upon notice by the provider of the voluntary closure of the licensed child care/preschool program, the Department staff shall complete the necessary closure form.
2. Providers with a Provisional License who voluntarily close and no negative actions are pending shall -
a. Reapply for a Provisional License. The previous license will not be reactivated;
b. Not have to pay fire inspection fees if the fire/safety inspection was approved and still effective;
c. Complete a continuous year with a Provisional License before the issuance of an operating license.
3. Providers with a Provisional License whose license expires
a. May apply for an operating license up to 60 days after expiration when the Provisional License period of one year has been completed;
b. Shall apply for a Provisional License if the application is submitted more than 60 days after expiration;
c. Shall not have to pay fire inspection fees if the fire/safety inspection was approved and still effective.
4. Providers with an Operating License who voluntarily close and no negative actions are pending -
a. May reapply for an operating license up to 60 days after closure if a continuous year of licensing has occurred;
b. May reapply for an operating license if licensed for three years or more within the past five years;
c. Shall apply for a Provisional License if the application is submitted more than 60 days after closure and if not licensed for three consecutive years or more within the past five years;
d. Shall not have to pay fire inspection fees if the fire/safety inspection was approved and still effective.
5. Providers with an Operating License or Provisional License whose license has been revoked -
a. Shall not be issued a license for two years from the date of Finding and Order or Declaratory Order;
b. After two years, shall apply for a Provisional License.
6. Amended applications will not be processed whenever a negative license action is pending.
7. License effective dates not backdated unless due to agency error.
Any provider not required to be licensed by Section 71-1910, Nebraska Revised Statutes, 1991, may complete the licensure process. The applicant must comply with all regulations and receive the necessary approval from a fire safety authority.
Upon receipt of allegations of unlicensed care, Department staff shall conduct an unannounced visit to the facility. If investigation reveals unlicensed care is occurring, Department staff shall inform the provider of the statute requirements and the licensure process. The provider is given the option of reducing care to three or fewer children or obtaining the appropriate child care/preschool license and is asked to sign a statement agreeing to these conditions. A follow-up visit will be conducted after 30 days to determine if illegal care is continuing to be provided. If, after 30 days, the provider has not submitted an application for licensure and/or is continuing to provide illegal care, Department staff shall make a referral to the appropriate County Attorney for further action.
A person who has had a license suspended or revoked shall not be licensed by any city, village, or county rules, regulations, or ordinances until the person is issued a state license. A person who has had a license suspended or revoked shall not provide care to three or fewer children until the person is issued a state license. A person who has had his/her child care/preschool license suspended or revoked is not eligible to reapply for any type of child care license for a period of two years from the date of the Finding and Order issued by the Nebraska Department of Health and Human Services if an administrative hearing was held. If a Declaratory Order or an Emergency Closing Order was issued by the Nebraska Department of Health and Human Services and no appeal was filed, a person would not be eligible to reapply for any type of child care license for a period of two years from the date of the Declaratory Order or Emergency Closing Order. If an application is received during this two-year period, the application will be returned to the applicant with relevant documentation indicating that they are ineligible to reapply. There is no right to an Administrative Appeal for any person determined by the Nebraska Department of Health and Human Services to be ineligible to reapply for any type of child care/preschool license under the above circumstances.
Denial of a license will be based upon any of the following circumstances:
1. The applicant's unwillingness or inability to comply with regulations;
2. Any entry of the applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers, and all support staff) as a perpetrator on the Nebraska Child Abuse and Neglect Central Registry for inconclusive or court substantiated child abuse, child neglect, or child sexual abuse;
3. Misdemeanor or felony conviction of the applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers, and all support staff) for child abuse or neglect, child sexual abuse, or sexual assault;
4. Any entry of the applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers, and all support staff) as a perpetrator on the Nebraska Adult Protective Services Central Registry for physical abuse or sexual assault;
5. Conviction, admission, or substantial evidence of any offenses against children or adults including, but not limited to: physical abuse, sexual abuse, sexual assault, neglect, or endangerment by the applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers, and all support staff);
6. Conviction, admission, or substantial evidence of one or more of the following offenses as outlined below, by the applicant, child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistant teachers, and all support staff):
a. Any offenses against adults excluding sexual assault and sexual abuse;
b. Felony conviction for the use, possession, manufacturing, or distribution of any controlled substance as defined in Nebraska Revised Statutes, Section 28-405, as it may be amended, or applicable Federal law;
c. A history of property crimes, including but not limited to fraud, embezzlement or theft by deception. Mitigating circumstances, number of offenses, length of time since last offense, and intervention, treatment, or rehabilitation may be considered.
7. Fire safety (inspection) disapproval;
8. Sanitation (inspection) disapproval;
9. When child care/preschool is being provided in the home of the child care/preschool provider, the following applies to household members:
a. Any entry as a perpetrator on the Nebraska Child Abuse and Neglect Central Registry for inconclusive or court-substantiated child sexual abuse;
b. Admission, conviction or substantial evidence of any child/adult sexual abuse, sexual assault, or crimes of a sexual nature including, but not limited to: obscene telephone calls, or any act considered to be lewd, indecent, or lascivious;
c. Any entry as a perpetrator on the Nebraska Adult Protective Services Central Registry for sexual assault;
d. Any household member appearing as a perpetrator on the Nebraska Child Abuse and Neglect Central Registry for inconclusive or court-substantiated physical abuse or neglect, or as a perpetrator on the Nebraska Adult Protective Services Central Registry for physical abuse or neglect, or having a conviction, admission or substantial evidence of having perpetrated physical abuse or neglect of any child or adult must not be on the premises during the hours of operation. Failure on the part of the licensee to comply with this condition will be grounds for denial or revocation of the license.
Pursuant to Nebraska Revised Statutes, Section 71-1911, the licensee has the right to appeal the denial of a child care/preschool license within ten days of delivery of the notice from the Nebraska Department of Health and Human Services.
1. The licensee must appeal in writing to Legal Services of the Nebraska Department of Health and Human Services Finance and Support within ten days of receiving denial notice.
2. A hearing will be afforded the licensee and notice sent to the licensee with the date, time and location of the hearing.
3. The hearing will be conducted pursuant to the applicable provisions of the Administrative Procedures Act (Nebraska Revised Statutes, Section 84-901, et seq.) as they may be amended from time to time.
4. The burden of proof at the hearing is upon the Department and the standard of proof will be by the preponderance of the evidence.
If an appeal is not made to Legal Services within ten days of notice, a Declaratory Order finding the charges to be true will be issued within fifteen days of delivery of notice.
Following the hearing, the Director of the Nebraska Department of Health and Human Services shall determine whether the charges are true or not by a preponderance of the evidence, and if true, the Department Director may either -
1. Deny the application for a license; and/or
2. Impose a civil penalty of $5.00 for each child in the program for each day in violation after the Department issues its finding and violation.
If the Department Director determines that the charges are not true by a preponderance of the evidence, the child care/preschool license will be issued.
The applicant may waive his/her right to an appeal hearing. The hearing notice provides the applicant with a written means to waive attendance at the hearing. Failure of an applicant to appear at a scheduled hearing will result in a hearing being held and a decision entered. After the Director has made a hearing decision, the applicant has the right to appeal this decision to the Nebraska District Court in accordance with Nebraska Revised Statutes, Chapter 84, Article 7.
The licensing process for child care centers requires pre-licensing visits by -
1. The Department of Health and Human Services Regulation and Licensure or delegated health authority for a sanitation inspection;
2. The State Fire Marshal or delegated authority for a fire safety inspection; and
3. The Department of Health and Human Services for determination of compliance with licensing regulations.
Health and Human Services shall not issue a license to operate a child care center until the following materials are on file:
1. An application which is current, accurate, complete, and includes a list of all staff including volunteers and substitutes;
2. Evidence of compliance with sanitation rules, fire safety rules, and all Department rules ( current fire safety and sanitation approvals must be maintained for a license to be effective);
3. Written verification of completion of preservice orientation training by the Director;
4. A sketch, diagram, or print of the facility showing -
a. The arrangement of rooms to be used by the children, including dimensions; and
b. The outdoor play area, including dimensions;
A non-refundable license fee and fire inspection fee will be collected at the time of initial application.
A non-refundable license fee will be collected annually.
Fire inspection fees are determined and will be collected by the State Fire Marshal and/or their delegated authority after initial licensure.
Fees will be accepted in the form of a check or money order only. Cash will not be accepted.
Department staff shall determine the maximum license capacity by the center's staff, equipment, furnishings, available space, and by the number authorized by the State Fire Marshal and/or delegated authority and/or the delegated health authority, whichever is fewer.
- These visits will be scheduled in advance with the child care/preschool center licensee/director.
- These visits will assess compliance with all applicable regulations.
- These visits will be unannounced and to child care centers/preschools with a license capacity of less than thirty children.
- These visits will assess compliance with applicable regulations.
- These visits will be unannounced and to child care centers/preschools with a license capacity of thirty or more children.
- These visits will assess compliance with applicable regulations.
- These visits can be announced or unannounced.
- These visits will be to child care centers/preschools when there is -
2. Change in building or building usage;
5. Change in age of children for whom the facility provides care; and
6. Change in hours care is provided.
- These visits will be unannounced.
- Allegations of maltreatment of children will be addressed within 24 hours of the receipt of the complaint.
- Allegations of licensing violations will be addressed within five working days of the receipt of the complaint.
- Allegations regarding unlicensed care will be addressed within ten working days of the receipt of the complaint.
f. Consultation/Technical Assistance Visits:
- These visits will be scheduled only upon request of child care center licensee(s)/director(s).
- These visits will be an opportunity for providers to become better informed of the applicable regulations.
(1) Compliance Reviews will be completed for all visits with the exception of Consultation/Technical Assistance Visits. Providers will be given the opportunity to include written comments on the review form and will be given a copy of the review form or checklist at the time of the visit.
(2) Forms needed to complete initial licensure, annual inspections and amendments to the license will be completed as documentation for these visits.
(3) Sanitation and Fire Safety referrals will be made to the appropriate agency or delegated authority and documented with an inspection referral when applicable.
(4) Referrals to other HHS programs or non-HHS resources can be made at the request of the provider or upon determination of actual or potential non-compliance with regulations. Written documentation is not required for resource-only referrals.
(1) All allegations of non-compliance on licensed child care/preschool programs and unlicensed care complaints will be entered and tracked on the automated Child Care Complaint Tracking System.
(2) When a complaint visit is conducted, a Compliance Review form will be completed. Providers will be given the opportunity to include written comments on the review form and will be given a copy of the review form or checklist.
a. Child Protective Services/Law Enforcement
(1) When a complaint alleging child abuse or neglect in a child care/preschool facility is received, staff shall inform the Child Protective Services Unit, providing the name of the complainant whenever possible.
(2) Coordination with Child Protective Services and/or law enforcement will be maintained throughout the investigation process.
(3) Copies of Child Protective Services and/or law enforcement report(s) will be obtained following the conclusion of the investigation.
(4) If non-compliance with regulations is alleged from the investigation, a visit will be made to the child care/preschool program to determine compliance with regulations.
b. Sanitation/Health and Fire Safety
(1) When a complaint alleging sanitation/health and/or fire safety concerns is received or staff observe conditions that may endanger the health or safety of children, an inspection referral will be sent to the appropriate health/sanitation and/or fire safety authority.
(2) If the health/sanitation and/or fire safety inspection referral is returned indicating disapproval, staff shall proceed with actions necessary to deny or revoke the child care/preschool license.
(1) The appropriate county attorney must be given information regarding unlicensed child care/preschool programs that require a license based on statute.
(2) Follow-up contacts with the county attorney on unlicensed child care/preschool referrals will be coordinated by Department staff.
d. Other: Upon request of the child care/preschool provider or upon determination of actual or potential non-compliance with regulations, staff may make referrals to Department programs, Child and Adult Care Food Program, other state agencies and/or training resources.
The licensing process for preschools requires prelicensing visits by -
1. The State Fire Marshal and/or their delegated authority for a fire safety inspection; and
2. The Nebraska Department of Health and Human Services for determination of compliance with licensing regulations.
Health and Human Services will not issue a license to operate a preschool until the following materials are on file:
1. An application which is current, accurate, and complete, and includes a list of all staff including volunteers and substitutes;
2. Inspection reports showing compliance with all fire safety rules and all Department of Health and Human Services rules; and
3. Written verification of completion of preservice orientation training by the Director.
A non-refundable license fee and fire inspection fee will be collected at the time of initial application. A non-refundable license fee will be collected annually. Fire inspections fees are determined and collected by the State Fire Marshal and/or their delegated authority after initial licensure. Fees will be accepted in the form of a check or money order only. Cash will not be accepted. Department staff shall determine the maximum license capacity by the available space in the preschool and the number authorized by the State Fire Marshal and/or their delegated authority, whichever is fewer.
The options described in the following material are available to the Department to address noncompliance with regulations in licensed child care/preschool programs. The specific option determined by the Department will be based on the seriousness of the risk to the safety of children, the seriousness of the noncompliance, the compliance history of the provider, and the ability/willingness of the provider to develop and implement a corrective action plan.
The provisional license may be renewed once if the Department determines that -
1. A licensee is unable to complete all licensure requirements and standards, is making a good faith effort to comply, and is capable of compliance within the next six months;
2. An effect of the current inability to comply with a rule or regulation does not present an unreasonable risk to the health, safety, or well-being of children or staff; and
3. The licensee has a written plan of correction that has been approved by the Department which is to be completed within six months.
A Licensing Agreement is a document signed by the provider and witnessed by a Department staff member, a notary public or another non-relative witness identified by the provider. Licensing Agreements may be issued when household members and/or staff have a history of behaviors indicating a potential risk to children, excluding sexual abuse or sexual assault, and/or a rule violation is determined. Licensing Agreements may not be issued for any regulation for which denial or suspension/revocation action(s) has been taken. The purpose of the Licensing Agreement is to specify areas of concern as they relate to licensing standards, to obtain the agreement of the licensee to correct any identified problem, and to maintain compliance with licensing standards. Licensing Agreements may be offered in lieu of denial, probationary status, revocation, or emergency closing order of a license where the Department determines that a Licensing Agreement does not present an undue risk to children in care. Licensing Agreements are voluntary and discretionary and are not appeasable.
A probationary license status will be determined when providers are found to be out of compliance with regulations and have a corrective action plan approved by the Department that specifies how compliance will be achieved within a six-month period. A probationary status is determined in the following circumstances:
1. A licensee is unable to comply with all licensure requirements and standards or has had a history of noncompliance;
2. The effect of noncompliance with any rule or regulation does not present an unreasonable risk to the health, safety, or well-being of children or staff; and
3. The licensee has a written plan of correction that has been approved by the Department. The Director may issue a probationary license status following an administrative hearing.
The Department may initiate suspension or revocation proceedings under any of the following circumstances:
1. When a licensee has shown a history of repeated violations of regulations;
2. When a licensee has violated a regulation(s) so as to create a situation which places children at substantial risk;
3. When a complaint of suspected child abuse or neglect has been filed;
4. When any Department representative observes conditions or behaviors which may indicate suspected child abuse or neglect;
5. When the child care/preschool provider has a criminal charge filed against him/her involving a crime against children or a crime involving intentional bodily harm;
6. When a child in care dies at the facility;
7. When a licensee has violated any state statute regarding the care and protection of children;
8. When the licensee has violated any state statutes regarding the proper restraint of children when transporting;
9. When there is a fire safety (inspection) disapproval;
10. When there is a sanitation (inspection) disapproval;
11. When there is a conviction, admission, or substantial evidence of any offenses against children or adults including, but not limited to: physical abuse, sexual abuse, sexual assault, neglect, or endangerment by the child care provider;
12. When there is a conviction, admission, or substantial evidence of one or more of the following offenses by the child care provider:
a. Any offenses against adults excluding sexual assault and sexual abuse;
b. Felony conviction for the use, possession, manufacturing, or distribution of any controlled substance as defined in Nebraska Revised Statutes, Section 28-405, as it may be amended, or applicable federal law;
c. A history of property crimes, including but not limited to fraud, embezzlement, or theft by deception. Mitigating circumstances, number of offenses, length of time since last offense, and intervention, treatment, or rehabilitation may be considered.
13. An entry of the child care provider, licensee, primary provider, secondary provider, regularly identified substitute, director and staff (which includes teachers, assistance teacher, and all support staff) as a perpetrator on the Nebraska Child Abuse and Neglect Central Registry and/or Nebraska Adult Protective Services Central Registry;
14. When child care is being provided in the home of the child care/preschool provider, the following applies to household members:
a. Any entry as a perpetrator on the Nebraska Child Abuse and Neglect Central Registry for inconclusive or court-substantiated child sexual abuse;
b. Admission, conviction or substantial evidence of any child/adult sexual abuse, sexual assault, or crimes of a sexual nature including, but not limited to: obscene telephone calls, or any act considered to be lewd, indecent, or lascivious;
c. Any entry as a perpetrator on the Nebraska Adult Protective Services Central Registry for sexual assault;
d. Any household member appearing as a perpetrator of physical abuse/neglect on the Nebraska Child Abuse and Neglect Central Registry or the Nebraska Adult Protective Services Central Registry, or having a conviction, admission or substantial evidence of having perpetrated physical abuse or neglect of any child or adult shall not be on the premises during the hours of operation. Failure on the part of the provider to comply with this condition will be grounds for denial or revocation of the license.
15. A provisional license or probationary license status may be suspended or revoked if periodic reviews indicate that insufficient progress has been made toward compliance;
16. Denial of the extension of a provisional license will occur when any of the following is determined:
a. A licensee is unable to complete all licensing requirements and standards and has not made a good faith effort to comply and/or is incapable of compliance within a six-month period;
b. The effect of the provider's inability to comply with a rule or regulation present an unreasonable risk to the health, safety, or well-being of children or staff;
c. The licensee does not have a written plan of correction approved by the Department.
17. When a licensee has violated any regulation;
18. When a licensee has failed to pay the annual license fee. When the Department initiates a negative action to suspend or revoke a license, the suspension or revocation action may continue to finality even if the license is surrendered by the licensee. The licensee shall not transfer the license to a household member or current staff member while a suspension or revocation action is still pending.
Any staff person having knowledge of any of the previous circumstances shall immediately notify the appropriate Department staff.
Pursuant to Nebraska Revised Statutes, Section 71-1915, the licensee has the right to appeal the revocation/suspension of a license within ten days of delivery of the notice from the Nebraska Department of Health and Human Services to initiate action to revoke/suspend:
1. The licensee must appeal in writing to Legal Services of the Nebraska Department of Health and Human Services Finance and Support within ten days of receiving the revocation/suspension notice.
2. A hearing will be afforded the licensee and notice sent to the licensee with the date, time and location of the hearing.
3. The hearing will be conducted pursuant to the applicable provisions of the Administrative Procedures Act (Nebraska Revised Statutes, Section 84-901, et seq.) as they may be amended from time to time.
4. The burden of proof at the hearing is upon the Department and the standard of proof will be by the preponderance of the evidence. If the licensee submits a written appeal within ten days of delivery of the notice, the current license will remain in effect pending the final decision by the Director of the Nebraska Department of Health and Human Services. If an appeal is not made to Legal Services within ten days of notice, a Declaratory Order finding the charges to be true will be issued within fifteen days of delivery of notice.
Following the hearing, the Director of the Nebraska Department of Health and Human Services shall determine whether the charges are true or not by a preponderance of the evidence, and if true, the Department Director may either -
1. Revoke/suspend the license; and/or
2. Impose a civil penalty of $5.00 for each child in the program for each day in violation after the Department issues its finding and violation; or
3. Issue a probationary license status. If the Department Director determines that the charges are not true by a preponderance of the evidence, the license will remain in effect.
The applicant may waive his/her right to an appeal hearing. The hearing notice provides the applicant with a written means to waive attendance at the hearing. Failure of an applicant to appear at a scheduled hearing will result in a hearing being held and a decision entered. After the Director has made a hearing decision, the applicant has the right to appeal this decision to the Nebraska District Court in accordance with Nebraska Revised Statutes, Chapter 84, Article 7.
Whenever the Director finds that an emergency exists requiring immediate action to protect the physical well being and safety of a child in a child care/preschool program, the Director may, without notice or hearing, issue an order declaring the existence of such an emergency and requiring that action be taken as the Director deems necessary to meet the emergency. Any person to whom the order is directed shall comply immediately, except that upon application to the Director, the person must be given an opportunity for a hearing as soon as possible, but not later than ten days after filing for a hearing. On the basis of this hearing, the Director shall continue to enforce the order or revoke, or modify it. Hearings regarding Emergency Closing Orders will be conducted in accordance with the hearing provisions contained in the suspension or revocation appeal process.
The Director may also petition the appropriate district court for an injunction whenever s/he believes that any person is violating any provision of the child care licensing law or any rule, regulation, or order adopted and promulgated under the authority of Nebraska Revised Statutes, Section 71-1915.
Department staff shall release information regarding the name of the child care/preschool provider, address, telephone number, type of license, license capacity, hours and days of care, ages of children served, and license effective dates upon verbal or written request. The following forms, reports, correspondence and documents will be released upon either verbal or written request:
Alternative Compliance Request
Registration Referral Form - Fire Safety Inspection/Fire Marshal
Registration Referral Form - Sanitation Inspection/Department of Health and Human
Services Regulation and Licensure
Noncompliance Report/Compliance Review
Fire Safety Inspection Reports and Correspondence
Sanitation Inspection Reports and Correspondence
Letters initiating revocation, denial, suspension, extension of a license or
Order of License Reinstatement
Finding and Order resulting from an appeal hearing
Copies of the following documents may be sent to other governmental entities:
Noncompliance Reports/Compliance Reviews
Extensions of provisional licenses
Issuances of probationary licenses
Letters initiating action to deny, suspend, revoke, extend a license or place on
If the above information includes any reference to specific names of children, their parents, Child Protective Services reports or records or law enforcement investigative reports, these references must be deleted before release.
The following information documents or forms will NOT be released:
Names, addresses and phone numbers of complainants
Names of enrolled children and their parents/guardians
Child Protective Services reports or records, Adult Protective
Services reports or records, Nebraska Child Abuse and Neglect
Central Registry and Nebraska Adult Protective Services Central
Registry information or law enforcement investigative reports
Internal Department correspondence
Investigative reports and notes
Documentation regarding unlicensed care investigations
Medical records/Health Information Reports
Department staff shall not release information until the licensee has received the information or a reasonable effort has been made to provide the licensee with the information.
Requested information will be available five working days after the request is received.
If a determination is made to deny a request for information and the requesting party objects or further insists on production, Department staff shall consult with Legal Services for assistance in preparation of a written response as required by Nebraska Revised Statutes, Section 84-712.04.
Child care/preschool providers must receive a statement describing non-compliance(s) and/or complaint(s) specific to child care/preschool licensing regulations during the preschool licensing visit.
Child care providers must have the opportunity to provide written comment about all non-compliances and complaints in the following ways:
1. The child care/preschool provider may indicate comments and/or clarification on the agency documentation at the time of the visit.
2. The child care/preschool provider may submit a written letter or memo to the appropriate Department staff. Department staff shall attach the letter or memo to the non-compliance documentation and forward to the file.
3. A written confirmation will be sent to the provider indicating that the information has been placed in the file.
Providers shall have the right to review their child care/preschool program licensing file that is retained in the Department Central Office, Lincoln, Nebraska. Requested information will be available for review in Lincoln Central Office, 301 Centennial Mall South, Lincoln, Nebraska from 9:00 a.m. to 4:00 p.m. on weekdays except for state holidays, ten business days after the request is received.
All information contained in this file may be reviewed with the exception of the following:
1. Any information that identifies person(s) who made complaints or alleged noncompliance with regulations;
2. Child Protective Services reports and records, Nebraska Child Abuse and Neglect Central Registry information, Adult Protective Services reports and records, Nebraska Adult Protective Services Central Registry information and law enforcement investigative reports;
4. Internal Department correspondence;
5. Investigative reports and notes; and
Upon notification of a death of a child attending any child care/preschool facility, Child Protective Services must be notified, and Department staff shall determine if the child care/preschool facility is licensed. If the child care/preschool program is licensed, a clearance with the Nebraska Child Abuse and Neglect Central Registry will be completed for the following individuals: all caregivers, household members, other involved parties, and the deceased child. A review of relevant licensing files, if applicable, will also be completed by Department staff.
If the Nebraska Child Abuse and Neglect Central Registry and/or file indicate possible concerns, Department staff shall inform the appropriate Child Protective Services supervisor and local law enforcement agency by telephone followed by written notice. Documentation of contact must be placed in the licensing file if the incident occurred in a licensed facility. The documentation must be filed separately if the incident occurred in an unlicensed facility.
One of the following sources may be used when obtaining verification of such incidents:
1. Law enforcement reports and County Attorney records, including Coroner's report;
2. Death certificate via Department of Health and Human Services, Vital Statistics. Should documentation reveal that death is attributed to S.I.D.S. (Sudden Infant Death Syndrome), that information will be filed. A telephone call offering support and resource information may be made by Department staff. Should documentation reveal that the death was of a nature other than S.I.D.S. and was not the result of any law violation, that information will be filed. A telephone call offering support and resource information may be made by Department staff. Should documentation reveal that the death was crime-related, the information will be reviewed to determine non-compliance with licensing regulations and a negative action will be initiated.
Whenever the Director of the Nebraska Department of Health and Human Services finds that an emergency exists requiring immediate action to protect the physical well-being and safety of children in a child care program, the Director may issue an "Emergency Closing Order" declaring the existence of an emergency and requiring that action be taken as the Director deems necessary. Any licensed child care/preschool provider to whom the Emergency Closing Order is directed shall comply immediately.
Department staff shall inform the parents of enrolled children of the issuance of the Emergency Closing Order by telephone and in wr