NEBRASKA LICENSE ISSUANCE PROCESS

3-001 Family Child Care Homes
3-001.01 Family Child Care Home I: 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:
Application/Affidavit
Rules Compliance Checklist
Health Information Report
Felony/Misdemeanor Statement
An inspection referral will be sent to the appropriate Fire Marshal by Department staff.
3-001.01A Fees: 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.
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.02
3-001.02 Family Child Care Home II: 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:
Family Child Care Home II Application
Health Information Report
Felony/Misdemeanor Statement
3-001.02A Fees: 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.
3-001.03 Changing License Types
3-001.03A Provisional Family Child Care Home I to Provisional Family Child Care
Home II
3-001.03A1 Amendment of License: 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.
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.03A2
3-001.03A2 Application Process: 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.
3-001.03A3 Fees: 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.
3-001.03A4 Health and Fire Inspections: Department staff will send appropriate
referrals if applicable.
3-001.03A5 Orientation: Preservice orientation is not required.
3-001.03B Operating Family Child Care Home I to Operating Family Child Care
Home II
3-001.03B1 Amendment of License: 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.
3-001.03B2 Application Process: The provider must follow the application
process for an Operating Family Child Care Home II license.
3-001.03B3 Fees: 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.
3-001.03B4 Health and Fire Inspections: Department staff will send appropriate
referrals if applicable.
3-001.03B5 Orientation: Preservice orientation is not required.
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.03C
3-001.03C Provisional Family Child Care Home II to Provisional Family Child Care
Home I
3-001.03C1 Amendment of License: 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.
3-001.03C2 Application Process: The provider must follow the application
process for a Provisional Family Child Care Home I license.
3-001.03C3 Fees: A license fee is not required. See 391 NAC 3-001.03C4 for
a fire inspection fee.
3-001.03C4 Health and Fire Inspections: 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.
3-001.03C5 Orientation: Preservice orientation is not required.
3-001.03D Operating Family Child Care Home II to Operating Family Child Care
Home I
3-001.03D1 Amendment of License: 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.
3-001.03D2 Application Process: 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.
3-001.03D3 Fees: A license fee is not required. See 391 NAC 3-001.03D4 for
a fire inspection fee.
3-001.03D4 Health and Fire Inspections: 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.
3-001.03D5 Orientation: Preservice orientation is not required.

REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.04
3-001.04 Background Checks
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.
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.05
3-001.05 Visits Conducted by Department Staff
3-001.05A Family Child Care Homes
1. Types of Visits:
a. Complaint Investigations
- 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.
b. 60-Day Visits
- 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.
c. Initial License Visits
- These visits will be scheduled in advance with the Family Child
Care Home II provider;
- These visits will assess compliance with all applicable regulations.
d. Annual License Visits
- These visits will be unannounced;
- These visits to Family Child Care Home I and II providers will
assess compliance with applicable regulations.
e. Amendment visits
- 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.
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.05A (1of2)
2. Documentation of Visits:
a. Licensing Activity Visits
(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.
b. Complaint Visits
(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.
3. Referrals:
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.
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.05A (2of2)
c. County Attorney
(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.
3-001.06 Alternative Compliance: 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;
2. Staffing;
3. Transportation;
4. Supervision;
5. Fire safety inspection disapprovals; and/or
6. Any regulation for which denial or suspension/revocation action(s) has been
taken.
Alternative compliances will be time limited.
3-001.07 Multiple Licenses: 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.
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.08
3-001.08 Voluntary Closure/Expiration
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.
3-001.09 Voluntary Licensure: 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.
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.10
3-001.10 Complaints Alleging Unlicensed Care: 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.
3-001.11 Reapplication After Suspension or Revocation: 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.
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.12 (1of2)
3-001.12 Denial of a License: 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 courtsubstantiated
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;
REV. MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-001.12 (2of2)
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.
3-001.13 Appeal Process: 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.
To initiate action to deny -
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.
3-001.13A Action Following the Hearing: 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.
3-001.13B Waiver of Attendance at or Failure to Appear at Appeal Hearing: 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.
MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-002
3-002 Child Care Centers: The licensing process for child care centers requires prelicensing
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.
3-002.01 Required Materials: 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;
5. A sample daily schedule for each age group in care; and
6. A sample weekly menu.
3-002.02 Fees: 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.
MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-002.03
3-002.03 Changing License Types: Not applicable.
3-002.04 Background Checks: Refer to 391 NAC 3-001.04.
3-002.05 Visits Conducted by Department Staff:
1. Types of Visits:
a. Initial Visits:
- These visits will be scheduled in advance with the child care/preschool
center licensee/director.
- These visits will assess compliance with all applicable regulations.
b. Annual Visits:
- 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.
c. Semi-Annual Visits:
- 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.
d. Amendment Visits:
- These visits can be announced or unannounced.
- These visits will be to child care centers/preschools when there is -
1. Change in location;
2. Change in building or building usage;
3. Change in director;
4. Change in licensee/owner;
5. Change in age of children for whom the facility provides care; and
6. Change in hours care is provided.
e. Complaint Investigations:
- 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.
MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-002.05 (1of2)
2. Documentation of Visits:
a. Licensing Activity Visits
(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.
b. Complaint Visits
(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.
3. Referrals:
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.
MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-002.05 (2of2)
c. County Attorney
(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.
3-002.06 Alternative Compliance: Refer to 391 NAC 3-001.06.
3-002.07 Multiple Licenses: Refer to 391 NAC 3-001.07.
3-002.08 Voluntary Closure/Expiration: Refer to 391 NAC 3-001.08.
3-002.09 Voluntary Licensure: Refer to 391 NAC 3-001.09.
3-002.10 Complaints Alleging Unlicensed Care: Refer to 391 NAC 3-001.10.
3-002.11 Reapplication after Suspension or Revocation: Refer to 391 NAC 3-001.11.
3-002.12 Denial of a License: Refer to 391 NAC 3-001.12.
3-002.13 Appeal Process: Refer to 391 NAC 3-001.13.
MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-003
3-003 Preschools: 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.
3-003.01 Required Materials: 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.
3-003.02 Fees: 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.
3-003.03 Changing Licensing Types: Not applicable.
3-003.04 Background Checks: Refer to 391 NAC 3-001.04.
MARCH 30, 1998 NEBRASKA HEALTH AND CCL
MANUAL LETTER # 18-98 HUMAN SERVICES MANUAL 391 NAC 3-003.05
3-003.05 Visits Conducted by Department Staff: Refer to 391 NAC 3-002.04.
3-003.06 Alternative Compliance: Refer to 391 NAC 3-001.06.
3-003.07 Multiple Licenses/Multiple Programs: Refer to 391 NAC 3-001.07.
3-003.08 Voluntary Closure/Expiration: Refer to 391 NAC 3-001.08.
3-003.09 Voluntary Licensure: Refer to 391 NAC 3-001.09.
3-003.10 Complaints Alleging Unlicensed Care: Refer to 391 NAC 3-001.10.
3-003.11 Reapplication After Suspension or Revocation: Refer to 391 NAC 3-001.11.
3-003.12 Denial of a License: Refer to 391 NAC 3-001.12.
3-003.13 Appeal Process: Refer to 391 NAC 3-001.13.