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 writing.
Parents and appropriate Department staff must be informed of the following:
1. An Emergency Closing Order issued by the Director of the Nebraska Department of Health and Human Services to protect the physical well-being and safety of the children in care at the facility;
2. The date and time the order is effective;
3. A general description of the circumstances which endangered the health and safety of the children;
4. An explanation of how parents may obtain information regarding the facility's compliance with licensing standards;
5. The names and telephone numbers of resources that could assist parents in locating another provider, if necessary; and
6. The name and work number of the appropriate Department staff. Appropriate Department staff must be notified when a decision has been made to issue an Emergency Closing Order and when the Order has been delivered.
If an Emergency Closing Order is lifted, written notice will be immediately provided. The Department shall inform the parents of enrolled children in writing when an Emergency Closing is lifted.
The child care provider must be at least 19 years of age. The child care provider shall provide a valid Social Security number as verification of citizenship or lawful resident status in the United States. The child care provider must understand and be familiar with the rules for Family Child Care Homes. The child care provider shall pay an initial license fee and annually thereafter. Parents shall have access to their children at all times that children are in care.
1. The child care provider shall permit announced and unannounced visits by agency representatives during the hours of operation.
2. Denial of immediate and unrestricted access to the premises to agency representatives will be basis for suspension or revocation of the license.
3. Denial of immediate and unrestricted access to the licensed premises to parents will be basis for suspension or revocation of the license.
The child care provider shall assume responsibility for providing adequate and appropriate supervision at all times children are in attendance. Any designated substitute shall have the same responsibility for providing adequate and appropriate supervision. Ultimate responsibility for supervision will be with the child care provider.
Alcohol or controlled substances as defined in Nebraska Revised Statutes, Section 28-401 through 403 and 28-439, will not be consumed in any area of the home designated for child care during the hours of operation. The provider and/or designated substitute shall not consume or be under the influence of alcohol or controlled substances while providing care. Controlled substances will not be in any area of the child care program.
The current license will be prominently posted so that it is clearly visible to parents and others.
The child care provider shall ensure that the maximum number of children stated on the license is not exceeded at any time.
The child care provider shall not engage in any other employment which interferes with the care of children.
A "Children's Record" will be completed before enrollment, and kept current for each child in care.
The child care provider shall give parents placing a child(ren) in the Family Child Care Home a Department Parent Handbook and shall retain the receipts on the premises. The receipts will be available for review upon request.
The child care provider shall report the following changes to the Nebraska Department of Health and Human Services: address, household composition, children residing in the home, and days and hours of care.
The child care provider shall report to the Nebraska Department of Health and Human Services within 24 hours or next business day when the following conditions occur within the child care program: the death of any child; any accident to children which requires hospitalization; or treatment at a medical facility.
The child care provider who has reason to believe child abuse or neglect may be occurring in the family child care home, in the child's home, or elsewhere, shall immediately file a report with the Child Abuse-Neglect Hotline - 1-800-652-1999, and/or appropriate local law enforcement agency.
The child care provider shall submit a completed "Health Information Report," or a report containing all information required in the Health Information Report current within six months, as part of their initial license application. The child care provider shall have a health information report completed every two years after initial licensure and retain on the premises. The Health Information Report, Part B, will be completed by a medical practitioner.
When child care is being provided in the residence of the provider, the child care provider shall notify the Department by completing an application, when there is a change in household members residing in the home.
Substitute providers must be at least 16 years of age.
The child care provider shall submit the names of regularly identified substitute(s) on the application or an amendment to the application.
All regulations regarding background checks will apply to regularly identified substitute(s).
Except in emergency situations, the child care provider shall inform parents in advance of the planned use of a substitute provider.
All Family Child Care Home regulations regarding supervision and care of children will apply to substitute(s).
When child care services are being provided in the provider's residence, the child care provider shall submit -
1. A completed application including the names of all persons residing in the home. Those persons age 13 and older must be cleared against the Nebraska Child Abuse and Neglect Central Registry AND Nebraska Adult Protective Services Central Registry (age 18).
2. Felony/misdemeanor statements for all household members age 19 and over, including any crimes for which a juvenile has been adjudicated as an adult.
3. A completed application and felony/misdemeanor statement when there is a change in household members residing in the home within ten days of the change.
Before the issuance of a license, the child care provider shall submit a "Felony/Misdemeanor Statement," signed and dated by all household members age 19 and older, which includes the following information:
1. Felony and/or misdemeanor arrests related to crimes against children;
2. Misdemeanor tickets, other than traffic violations;
3. Felony and/or misdemeanor convictions;
4. Any pending criminal charge(s);
5. Current parole or probation status.
This statement will include all law enforcement contacts, regardless of prosecution.
The child care provider and/or household members shall not engage in or have a history of behavior injurious to or which may endanger the health or morals of children.
The names of child care providers, substitutes, and all household members age 13 and older must be checked against the Nebraska Child Abuse and Neglect Central Registry AND the Nebraska Adult Protective Services Central Registry (age 18 and older).
When child care is being provided in the residence of the provider, any household members age 13 and older appearing as a perpetrator of physical abuse/neglect on the Nebraska Child Abuse and Neglect Central Registry and/or Nebraska Adult Protective Services Central Registry and/or adjudication in adult or juvenile court shall not be on the premises during the hours of operation.
The child care provider is responsible for reporting any arrests, misdemeanor tickets other than traffic violations, pending criminal charges, and/or any felony/misdemeanor convictions on themselves, substitutes, secondary providers and/or household members when care is provided in the place of residence.
Before the issuance of a provisional license, the provider shall complete training in the following areas:
1. Orientation to Child Care Licensure, 1 Hr. provided by the Department. This does not apply to the secondary provider of a Family Child Care Home II;
A child care provider shall obtain a minimum of 12 hours of training. Two hours of CPR and one hour of first aid will be counted in the year that each is taken toward the required training. Training hours obtained in the calendar year prior to provisional licensure will be counted if the training taken includes topic areas listed in 391 NAC 6-005.03. Written documentation of ALL training will be maintained on the Family Child Care Home premises and available for review upon request.
Child care providers shall obtain a minimum of 12 clock hours of in-service training annually. Secondary providers who work 20 hours or less will be required to complete six hours of training. Child care providers licensed before implementation of these regulations shall meet the following requirements:
Calendar Year 1995 - 6 clock hours of In-Service Training *
Calendar Year 1996 - 8 clock hours of In-Service Training *
Calendar Year 1997 - 10 clock hours of In-Service Training *
Calendar Year 1998 - 12 clock hours of In-Service Training *
* Secondary providers who work 20 hours or less will be required to complete half of the clock hours listed. Written documentation of annual in-service training will be maintained on the Family Child Care Home premises and available for review upon request. In-service training will include but is not limited to the following topic areas:
The child care provider shall complete certified Cardiopulmonary Resuscitation (CPR) and First Aid training:
1. Cardiopulmonary Resuscitation (CPR) Training will be certified through one of the following: American Heart Association; American Red Cross; National Safety Council; or Emergency Medical Planning America (Medic First Aid).
2. The child care provider shall maintain current CPR and First Aid certification as long as the provider is licensed.
3. The CPR card and First Aid certificate will be available for review upon request.
4. Two hours of CPR and one hour of first aid will be counted in the year that each is taken toward the required in-service training.
The effective dates of the CPR training will be determined by the certified instruction program.
The effective dates of the First Aid training will be determined by the instruction program. If dates are not indicated on the First Aid certificate, the training will be considered valid for three years.
Child/staff ratio and license capacity includes the provider's own children below age eight.
1. The maximum license capacity for a Family Child Care Home I is 8 children. A Family Child Care Home I provider may be approved to serve no more than two additional school-age children during non-school hours.
2. The maximum license capacity for a Family Child Care Home II is 12 children.
3. The maximum license capacity will be determined by Department staff based on actual available space in the home and the number authorized by the State Fire Marshal.
The child care provider shall maintain compliance with the child/staff ratios as indicated below.
The following chart describes child/staff ratio for Family Child Care Homes:
RATIO/CAPACITY FOR FAMILY CHILD CARE HOMES
Infant Only: Family Child Care Home I and II providers serving infants only may exclude their own school age children in the ratio/capacity.
Mixed Age: Family Child Care Home I and II providers serving mixed ages may provide care for no more than three infants (under 18 months) per adult as long as no more than two infants per adult are under 12 months of age. In the event of multiple births, an alternative compliance may be considered.
*Family Child Care Home I and II providers serving mixed ages may provide care for no more than two additional school-age children during non-school hours as long as no more than two children are under 18 months of age.
School-Age: **Family Child Care Home II providers may care for up to 12 school-age children, however, their own children under age 8 must be counted in the child/staff ratio.
The child care provider shall ensure that at least 35 square feet of indoor space per child (excluding areas not designated for child care) is available. The child care provider shall ensure that at least 50 square feet of outdoor play space per child is available. The child care provider shall ensure that all cleaning agents and poisons are kept in locked storage. The child care provider shall ensure that all rooms used for child care are clean and dry. The child care provider shall ensure that all floors, walls, ceilings, and furniture are clean and in good repair. The facility must be free of exposed lead-based paint surfaces which are flaking, peeling, or chipped. When lead-based paint is determined to be present in a condition listed above, a referral will be made to the Nebraska Department of Health and Human Services or local health authority for consultation on proper abatement procedures. Failure to take appropriate action to abate the lead-based paint within a reasonable time, not to exceed six months, will result in the initiation of revocation/suspension action. The child care provider shall ensure that an operable telephone is available on the premises of the child care facility. Emergency phone numbers, including fire, rescue, police (or 911 or local equivalent), and Poison Control, will be prominently posted.
The child care provider shall ensure that play materials, equipment, and furnishings are easily cleanable, kept clean and in good repair, have no sharp edges, and have no rusty or loose parts.
The child care provider shall ensure that toys and objects with a diameter of less than one inch or less than one and one-half inches in length are used only under provider supervision with children who are below three years of age.
The child care provider shall ensure that buildings that are used for child care are constructed to prevent rodents from entering.
The child care provider shall ensure that doors opening to the outside are self-closing (except for sliding doors), and all windows used for ventilation are screened.
The child care provider shall ensure that heating, ventilating, and lighting facilities are adequate for the protection of the health of children.
The child care provider shall ensure that electrical outlets within the reach of children are covered with safety caps, ground fault interrupters, or have safety outlets installed.
Tornado drills will be practiced with the children a minimum of four times per year from March through September. A written tornado safety plan and documentation of drills will be available for review upon request.
All garbage and refuse will be collected, stored, and disposed of in a manner which will not attract rodents or insects.
The grounds will be kept neat and clean and free from rodents and accident hazards.
Accident hazards, such as flammable materials, deep pools, farm and lawn equipment, will be inaccessible. Potential accident hazards such as uncovered wells, broken glass, boards containing nails, and other debris will be eliminated.
Barnyard animals and/or fowl will not be allowed in the outdoor play area.
Smoking will be prohibited in all areas of the home designated for child care during the hours of operation.
The child care provider shall inform parents of all enrolled children if any household member, including the provider, smokes in the home. This information will be provided to parents before accepting a child into care.
The child care provider shall ensure that a toilet which is conveniently located, clean, and in good repair is available to the children.
The child care provider shall ensure that a sink with hot and cold running water and soap is available.
The child care provider shall ensure that sinks and toilets are of a suitable height for children, or a safe stepstool or platform is provided.
The child care provider shall ensure that no common drinking container is used. Drinking water must be provided by sanitary drinking fountains, or individual or disposable cups.
The child care provider shall ensure that the water temperature of the bathroom sink is at least 100 degrees Fahrenheit, but no greater than 120 degrees Fahrenheit.
The child care provider shall ensure that drinking water from a private water supply system meets current standards set by the Nebraska Department of Health and Human Services Regulation and Licensure as they may be amended from time to time. Water sample test verification will be submitted annually.
The child care provider shall ensure that there is no open sewage discharge on the child care premises. When the Department determines that there may be open sewage present on the child care premises, a referral will be made to the Nebraska Department of Environmental Quality for an inspection.
Common use of grooming items will be prohibited.
The child care provider shall ensure that individual towels and washcloths and facilities for their storage are available. Common use of towels and washcloths is prohibited.
The child care provider shall ensure that waterproof storage is provided for storing soiled and/or wet clothing.
The child care provider shall ensure that above-ground and in-ground swimming pools are enclosed with a fence that is at least 4 feet high and the fence flush with the ground.
The child care provider shall ensure that above-ground pools will have non-climbable side walls that are 4 foot high or will be enclosed with an approved fence as described above.
The child care provider shall ensure that when above-ground and in-ground pools are covered, this cover will meet or exceed the standards of the American Society for Testing and Materials.
If children are allowed to use above-ground or in-ground swimming pools, the following conditions will be met:
1. Written permission from parents will be available for review.
2. Equipment needed to rescue a child or adult will be readily accessible.
3. The child care provider shall comply with all Nebraska Department of Health and
Human Services Regulation and Licensure requirements regarding swimming pools.
The child care provider shall accompany and directly supervise the children during swimming and wading activities.
The following ratios will be maintained with the use of above-ground or in-ground pools on the child care premises:
If the depth of the water is over four feet, a person who has satisfactorily completed an approved life-saving course must be on duty at all times the pool is in use. Wading pools must be drained daily and inaccessible to children when not in use.
The child care provider shall not allow children to use -
If there are animals on the premises, the child care provider shall ensure that -
1. All household pets will be vaccinated. Proof of current vaccination as documented by a veterinary clinic will be kept on the child care premises.
2. All animal waste will be immediately removed from children's areas and properly disposed of.
The child care provider shall ensure that no animals are allowed in the food preparation, food storage, and serving areas during food preparation and serving times.
The child care provider shall ensure that animals which have bitten or attacked a person without provocation are not allowed on the child care premises.
The child care provider shall ensure that exotic or unusual animals are not on the child care premises during the hours of care.
The child care provider shall ensure that firearms, other potentially hazardous weapons, weapon accessories, and ammunition are kept in locked storage. Firearms will be unloaded and ammunition will be stored separately from firearms.
If there are unsafe areas such as drainage ditches, wells, holes, heavy machinery, railroad tracks, bodies of water, heavy street traffic, or other hazards in or near the outdoor play area, a fence is required.
The child care provider must accompany and supervise children under age four in play areas not requiring a fence. Children age four and older must be supervised at all times.
The child care provider shall accompany and supervise children under age two in fenced play areas. Children age two and older must be supervised at all times in the fenced play area.
Fire Safety rules are contained in regulations adopted by the State Fire Marshal, specifically, the National Fire Protection Association's Life Safety Code. Local fire regulations may be more restrictive. Fire code requirements differ depending on the number of children cared for. The following is a description of these regulations:
The child care provider shall ensure that a Fire Safety approval is maintained for the child care facility for the license to be effective.
There will be at least two unblocked exits approved by the State Fire Marshal from every floor on which child care is provided.
Furnaces, fireplaces, wood-burning stoves and other heaters will be inaccessible to children when in use.
All storage areas will be free of excessive combustibles or highly flammable materials.
Bathroom and closet doors will be designed so they can be unlocked from the outside.
Fire drills will be practiced with the children a minimum of six times per year in alternating months.
A written evacuation plan and documentation of drills will be available for review upon request.
Operating, properly mounted smoke detection equipment will be required in child care areas. Smoke detection equipment will be U.L. (Underwriters Laboratories) listed or bear the approval of another major testing laboratory such as Factory Mutual.
By the authority found in Nebraska Revised Statutes, Section 81-502, the Fire Marshal has the power to ask for additional requirements for specially constructed facilities. In accordance with Nebraska Revised Statutes, Section 81-505.01, the Nebraska State Fire Marshal will charge an inspection fee for State Licensure Inspections in health care, liquor, mobile trailer courts, and child care facilities. The State Fire Marshal may be contacted for the fee schedule: (402) 471-2027.
The child care provider shall have a first aid kit, including the following supplies: tweezers, fever thermometer, soap, band-aids, gauze, tape, scissors, and disposable latex gloves. These supplies will be inaccessible to children.
Any child care provider or secondary provider or substitute who gives or applies medication shall do so in accordance with the "5 Rights" as required in Nebraska Statutes 71-6718 through 6742. These are:
Parents or any licensed health care professional shall determine if child care providers or secondary providers are competent to give or apply medication.
Any child care provider who gives or applies medication shall not disclose information about a child's medication unless such information is needed to protect the health of other children or staff.
6-009.02C1 The use of a posted medication sign in sheet does not violate 6-009.02C if the child care provider has advised the parent in writing that the parent has the option of using a private method of informing the child care provider of the child's medication needs.
All child care providers shall give or apply medication both prescription and non-prescription, only with prior written permission and written instructions from a parent. Child care providers shall comply with the instructions provided by the parent. Medication shall be in the original container, stored according to instructions, clearly labeled for a named child, and returned to the parent when no longer needed. The dosage will not exceed that which is printed on the label. Expired medication shall not be given or applied to a child and shall be returned to the parent.
6-009.02D1 Report to Parents: Any error in the giving or applying of medication shall be reported to the parent.
There must be a written statement from the licensed health care professional who prescribed the medication allowing the provider to give the medication when:
1. Any prescription medication is given or applied as needed (PRN); or
2. By a route other than oral, topical, inhalant, or instillation.
All child care providers shall wash hands before giving or applying any medication. If handling any bodily fluids are involved, caregivers must also wash hands after giving or applying that medication.
The child care provider shall ensure that all prescription and over the counter medications will be kept in locked storage. Separate locked storage will be provided for medications requiring refrigeration. Over-the-counter lip balm, petroleum jelly, suntan lotion and diaper ointment will be kept out of reach of children.
The child care provider shall maintain a record as to the time and amount of medication given or applied.
The child care provider shall notify parents of all enrolled children of a case of any communicable disease on list "A" on the same day the provider is informed of or observes the illness. (See Compliance Guide for list "A" of communicable diseases.) Proper notification of parents will include:
1. Notification to parents of children in attendance.
2. Phone notification to parents of enrolled children who are not in attendance on that day.
3. Posting notice of the outbreak in a conspicuous place.
The child care provider shall notify the local health authority by phone of a case of the communicable diseases on list "B" on the same day the provider is informed of or observes the illness. (See Compliance Guide for list "B" of serious communicable diseases.) The child care provider shall maintain a record of the date and time of all such notifications which will be available for review upon request.
In the case of more severe illness, the child care provider shall
1. Separate the child from other children;
2. Properly attend to the child's needs until arrangements are made for return to the child's home.
The child care provider shall maintain copies of children's immunization records. These copies will be available for review upon request.
The child care provider shall comply with all Nebraska Department of Health and Human Services requirements regarding immunization status of all enrolled children.
The child care provider shall ensure that all food preparation, serving, and storage areas, equipment, and utensils are easily cleanable and in good repair. The child care provider shall ensure that dishes and utensils will be properly cleaned, rinsed, sanitized, and air-dried. The child care provider shall ensure that all perishable foods are stored in a covered container in an operating refrigerator with a maximum temperature of 40 degrees. The child care provider shall ensure that deep freezers which cannot be opened from the inside are locked or stored in a locked room. The child care provider shall ensure that no home-canned foods are served to children in care. The child care provider shall ensure that only pasteurized grade A milk and milk products are served to children. Dry milk and milk products must be made from pasteurized milk and milk products.
The child care provider shall serve at least the following number of meals and snacks when children are present:
1. 2 1/2 to 4 hours - one snack;
2. 4 to 8 hours - one snack and one meal;
3. 8 to 10 hours - two snacks and one meal; and
4. 10 or more hours - two snacks and two meals.
Each meal served will include servings from each of the food components (fluid milk; meat or meat alternates; vegetables and/or fruits; and bread or bread alternates). (Breakfast does not need to include a meat or meat alternative.) Each snack served will include a serving from two of the previously listed food groups. The child care provider shall wash all fresh or raw fruits and vegetables thoroughly with water before use. The child care provider shall provide weekly menus to parents upon request.
The child care provider shall have knowledge of where each child in care is at all times. Enough age-appropriate play materials will be available so that, at any one time, each child can play individually. The child care provider shall obtain written permission from parents to allow schoolage children to engage in activities outside the child care home without direct provider supervision.
A regular rest period will be made available for children as agreed upon between parent and child care provider. The child care provider shall have clean beds, cribs, mats, washable sleeping bags, sofas, or cots for napping for each child over 12 months of age. The top level of bunk beds will not be used for children below 5 years of age. Futons will not be used for infants under 13 months of age; where allowed, futons will conform to the definition in the Compliance Guide. Waterbeds will not be used for children under 36 months of age.
The child care provider and/or his/her designated substitute is prohibited from using the following as a means of punishment:
1. Spanking, slapping, punching, shaking, striking with any inanimate object, handling roughly, or biting;
2. Denying food or forced napping;
3. Subjection to derogatory remarks about themselves or their family, abusive or profane language, yelling or screaming, or threats of physical punishment. The child care provider shall not punish any child for toilet training accidents or refusal for taking medication. While children are in care and when parents are not present, the responsibility for discipline lies ONLY with the child care provider or designated substitute.
The child care provider shall change children's diapers when needed.
The child care provider shall use individual washcloths, towels, or disposable towelettes to cleanse children during diapering. The child care provider shall wash his/her hands thoroughly with soap and water after changing the diaper of each child and after helping children toilet. The child care provider shall ensure that soiled diapers are properly disposed of and/or stored in airtight containers. Potty chairs must not be used or stored in eating and playing areas. When toilet training is conducted in the child care home, toilet training must be carried out in a manner agreed upon by the child care provider and parent.
In addition to complying with all other rules, a child care provider who provides care for any infant shall comply with the following rules:
The child care provider shall meet the emotional and physical needs of infants consistently and promptly. This includes:
1. Talking to, playing with, holding, and rocking infants, and providing them with the opportunity to explore outside of their cribs and/or playpens.
2. Immediately investigating the cries of infants.
The child care provider shall feed infants according to a plan agreed upon by the parent(s) and the provider. The child care provider shall ensure that prepared formula is labeled with the appropriate child's name and stored in the refrigerator. Unused (prepared) formula will be discarded after 48 hours. The child care provider shall hold infants under six months of age and those not yet able to hold their own bottles during bottle feeding. The child care provider shall not prop bottles and shall remove bottles from sleeping infants.
Infants who are capable of feeding themselves, but cannot sit in child-sized chairs at child-sized tables, must be seated in high chairs with three point safety straps. The child care provider shall ensure that only federally approved cribs and/or playpens are used for infants.
1. Drop-side latches will securely hold sides in the raised position.
2. Infants must not be left unattended in cribs with the drop-side lowered.
3. Bumper pads will be provided for each crib in which a child under six months sleeps. Cots, waterbeds, pillows, mats, futons, or cushions will not be used for infants under 13 months of age.
When transporting children in care, the child care provider shall comply with the following requirements:
The child care provider shall possess a current and valid driver's license as verified by the Nebraska Department of Motor Vehicles. In lieu of the child care provider, the person providing transportation shall possess a current and valid driver's license.
The child care provider shall obtain parent's written permission to transport children.
The child care provider shall maintain the adult-child ratio when transporting children.
The child care provider shall not exceed the seating capacity of the vehicle, as indicated by the vehicle manufacturer.
The child care provider shall ensure that all doors are locked when the vehicle is in motion.
The child care provider shall use an age appropriate and individual safety restraint for each child transported. Failure to properly restrain may result in revocation.
1. Nebraska law requires that all children under four years of age OR under forty pounds be correctly secured in a federally approved child safety seat.
2. All children ages four and above OR children weighing forty pounds or more must be secured in a safety belt or federally-approved child safety seat restraints.
3. Restraints are not required for children transported by public transportation or school bus.
In addition to the other regulations, child care providers who offer overnight care shall comply with the following rules. The child care provider shall provide clean cots or beds for each child over twelve months of age, fitted with a firm, waterproof mattress. The top level of bunk beds may not be used for children below five years of age. Infants under 13 months of age shall sleep only on federally approved cribs and/or playpens. Cots, pillows, mats, futons, or cushions will not be used for infants under 13 months of age. Waterbeds will not be used for children under 36 months of age. The child care provider shall be awake and alert to the needs of children until all children are asleep. The child care provider shall sleep within hearing distance of the sleeping children. Operating, properly mounted, smoke detection equipment will be available on all floors wherein children sleep. Wired smoke detection equipment will be U.L. (Underwriters Laboratories) approved. The child care provider may give each child a shower, tub, or sponge bath in a manner agreed upon between the parent and the provider.
In addition to complying with the Family Child Care Home I regulations contained in Chapter 6-000, facilities serving nine through twelve children (Family Child Care Home II), will also comply with the following regulations.
The primary provider shall ensure that current fire safety and sanitation approval is maintained for the license to be effective. The primary provider shall maintain the records for the secondary provider on the premises and available for review upon request. The records will include but are not limited to
1. Name, address, Social Security number and phone number.
2. Within 30 days of hiring and every two years thereafter, the secondary provider shall provide a Health Information Report (or a report containing all information required in the Health Information Report) current within six months of the license application or hiring. The Health Information Report, Part B, will be completed by a medical practitioner.
4. Signed and dated Felony/Misdemeanor Statement.
Secondary providers must be at least 16 years of age. All regulations regarding background checks will apply to secondary providers, volunteers and substitutes. Before hiring, the primary provider shall obtain at least three non-relative references for the secondary provider. One of these references must be from a previous child care employer, if applicable. A written record of having contacted these references will be maintained on the premises and available for review upon request. The primary provider or a secondary provider at least 16 years of age must be present and on duty whenever children are in care.
The center shall pay an initial license fee and annually thereafter.
The current license must be prominently posted so that it is clearly visible to parents and others.
The center must be open to visits by parents of the children enrolled or agency representatives during hours of operation.
The center shall have on file a completed "Children's Record" (Form DSS-0363) or a form which contains at least the same information, for each child within 30 days of enrollment. This information must be made available to Department staff upon request.
The center shall maintain copies of children's immunization records. These records will be available for review upon request.
The center shall comply with all Nebraska Department of Health and Human Services requirements regarding the immunization status of all enrolled children.
Staff records must include, but are not limited to -
1. The name, address, and telephone number of each staff member;
2. "Health Information Report" (Form DSS-0915), or a report containing the same information for all persons having contact with the children and/or food service;
3. A statement from the director certifying that s/he has verified staff qualifications;
4. Dates of employment and separation; and
5. A statement from each staff person, including volunteers, substitutes, and the director, providing information concerning any felony and/or misdemeanor arrests and convictions and any pending criminal charges. The statement must be signed and dated.
The Director shall make available to the Department of Health and Human Services written verification of meeting staff qualifications (i.e., copy of transcript, letter of verification, grade reports, reference letters, certificates).
If a volunteer or substitute works over 15 hours per week and is counted in the staff-child ratio, that person shall meet the staff requirements for the position s/he is assuming.
Within 30 days of hiring, each staff member shall provide a "Health Information Report" (Form DSS-0915) current within six months of hiring or a report containing the same information. Form DSS-0915 is due annually.
The licensee and the director shall not knowingly allow any person, neither paid nor volunteer, who has been convicted of, admitted to, or there is substantial evidence of crimes involving intentional bodily harm, crimes against children, crimes involving the illegal use of a controlled substance, or crimes involving moral turpitude to be on the center premises. Center staff, whether paid or volunteer, shall not engage in or have a history of behaviors injurious to or which may endanger the health or morals of the children in care. The licensee shall list all staff, including volunteers and substitutes, on each application filed with the Department.
The Department of Health and Human Services shall clear the names of all staff employed by the center, as indicated on the application, with the Nebraska Central Registry and Child Abuse and Neglect and the Nebraska Adult Protective Services Registry before issuing a license.
For centers licensed for more than 22 children, the Director shall meet one of the following requirements:
1. Have the minimum of a high school diploma or general education diploma and two years of verifiable experience in organized group activities for young children, as indicated by a positive reference from a former employer(s)/supervisor(s);
2. Verify that s/he has successfully completed six credit hours or 36 clock hours of Department-approved in-service in the area of child development, early childhood education, or child care administration. Business courses may be included, not to exceed 50 percent of the credit or clock hour requirements;
3. Have a Child Development Associate Credential;
4. Have an associate degree in child development, early childhood education, or child care administration;
5. Hold a bachelor degree from an accredited college or university and at least six credit hours in child development or early childhood education; or
6. Hold a bachelor degree in child development or early childhood education from an accredited college or university.
For centers licensed for not more than 22 children, the Director shall -
1. Meet one of the options listed in 391 NAC 8-004.01.; or
2. Have a written Department-approved plan to acquire at least six credit hours or 36 clock hours of Department-approved in-service in the area of child development, early childhood education, or child care administration in a period not to exceed 12 months. Business courses may be included in the plan, not to exceed 50 percent of the credit or clock hour requirements.
The Director shall provide the licensee with at least two non-relative references before hiring.
One of the references must be from a previous child care employer, if applicable. The reference check may be conducted by phone. A written record of the references must be retained in the Director's staff file and available for review by Department staff, upon request.
The teacher/assistant teacher must have reached the legal age of majority. S/he shall meet one of the following:
1. Obtain a written Department-approved plan to acquire at least three credit hours or 15 clock hours of Department-approved in-service in the area of child development, early childhood education, or child care administration in a period not to exceed 12 months;
2. Verify that s/he has one year of experience in organized group activities for young children as indicated by a positive reference from a former employer(s)/ supervisor(s);
3. Have a Child Development Associate Credential; or
4. Hold a bachelor or associate degree in fields related to the care/education of children ages 0 to 12 years (i.e., early childhood education, child development, elementary education, or special education).
The Director shall obtain at least two non-relative references for each teacher and assistant teacher within 30 days of hiring. One of the references must be from a previous child care employer, if applicable. The reference check may be conducted by phone. A written record of the references must be retained in the employee's staff record and available for review by Department staff upon request. The support staff shall be at least 16 years of age. The Director shall insure that any person having responsibility for children has read and is familiar with the "Child Care Center Regulations." (DSS-PB-365)
Candidates being considered for employment as a director, teacher, assistant teacher, and all support staff must be checked against the Nebraska Central Registry of Child Abuse and Neglect and the Nebraska Adult Protective Services Central Registry before being hired. Candidates being considered for employment as a director, teacher, assistant teacher, and/or support staff shall submit a signed "Felony/Misdemeanor Statement" to the licensee or director. The licensee or director shall request additional information from the appropriate law enforcement agency as needed to comply with Department regulations.
The licensee is responsible for reporting any arrests, misdemeanor tickets other than traffic violations, pending criminal charges, and/or any felony/misdemeanor convictions on themselves, the director and staff which includes teachers/assistant teachers and all support staff. The licensee of a child care center shall submit a felony/Misdemeanor Statement, signed and dated by the licensee, director, and staff, which includes teachers, assistant teachers, and all support staff, age 19 and older, which includes the following information:
1. Felony and/or misdemeanor arrests related to crimes against children;
2. Misdemeanor tickets, other than minor traffic violations;
3. Felony and/or misdemeanor convictions;
4. Any pending criminal charge(s); and
5. Current parole or probation status.
This statement must include all law enforcement contacts, regardless of prosecution.
Each center staff person shall participate in in-service annually as provided below:
1. Director (if director is also acting as a teacher), teacher, assistant teacher, and teacher aide training must be in the area of child care or early childhood education and include at least 12 clock hours per year;
2. The staff person responsible for menu planning shall obtain at least four clock hours of training in the area of nutrition and food service during the first year of employment. If not the same, this person is responsible to train the cook in food handling and preparation; and
3. If a volunteer or substitute works over 15 hours per week and is counted in the staff-child ratio, that person shall meet the in-service requirements for the position s/he is assuming. Each training hour for caregiving staff must be specifically related to the care of children. Each hour spent participating in any of the following types of child care related activities count towards yearly requirements: job orientation, workshops, college credit hours, non-credit course work, adult education courses, and department-approved reading material. Written documentation must be available for each of the above types of training.
Staff-child ratio must be met at all times. Compliance with staff-child ratio must be determined on a center-wide basis. The center shall count only those persons directly involved with immediate care of the children in the staff-child ratio. Each room where children are receiving care must include a teacher/assistant teacher. At least two staff persons must be on the premises at all times. When the number of children under care is eight or fewer, this requirement may be met by having one of the staff members on call and immediately available. If infants are included in this number, staff-child ratio must be met. During naptime, at least one person must be in the room where children are napping, provided that staff-child ratio is maintained on the center's premises. All staff on duty must be awake and alert to the needs of the children during napping/sleeping times. Center staff or any person designated by the licensee as having responsibility for children shall have the responsibility to provide adequate and appropriate supervision at all times children are in attendance. Evidence of negligent or willful lack of supervision is basis for denial of an application or suspension or revocation of the center's license.
The licensee shall ensure that the center's license capacity is never exceeded.
A written daily schedule, which provides for the following, must be posted:
1. Physical care routines including -
a. Regular snack and meal times;
a. Outdoor play, weather permitting;
The center shall serve regular meals and mid-morning snacks or breakfast and mid-afternoon snacks which meet U.S. Department of Agriculture nutritional standards.
The center shall serve any child present when a meal or snack is being served.
A snack or lunch must be served when schoolage children arrive at the facility after school.
The center shall ensure that no child is left alone, pinched, punched, shaken, struck with any object, bitten, or spanked by staff; a brief, supervised separation from the group may be used. Staff shall not discipline children:
3. For a toilet training accident; or
4. With subjection to derogatory remarks about themselves or their families, abusive or profane language, yelling or screaming, or threats of physical punishment; or
The center shall provide enough age-appropriate play materials so that, at any one time, each child enrolled at the center can be individually involved. Play materials, equipment, and furnishings must be easily cleanable, kept clean and in good repair, have no sharp edges, and have no rusty or loose parts. If available to infants and toddlers, play materials, equipment, and furnishings must not be easily breakable nor have small parts. Furniture and equipment must be arranged so as not to interfere with exits.
When the outdoor play area does not directly join the indoor facility, it must be reached by a route and plan approved by the Department. The center shall maintain the written plan on file at the facility and submit a copy to the Department. Stationary outdoor equipment such as climbing apparatus, swings, or slides must be located away from traffic areas in the play yard and securely anchored, unless designed to be portable. Swing seats must be made of a pliable material, not hard plastic, wood, nor metal. The area under climbing equipment, swings, slides and other equipment from which children might fall must be of resilient material such as sand, dirt, grass, or rubber matting.
Center staff shall meet the emotional and physical needs of infants consistently and promptly. This includes -
1. Talking to, holding, and playing with infants;
2. Allowing infants the opportunity (both morning and afternoon) to explore the environment outside of their cribs;
3. Ensuring that each crib contains at least one infant toy such as a cradle gym, mobile or stuffed animal;
4. Immediately investigating cries of infants; and
5. Providing each staff member giving care to infants with the written assignment to care for the same infants daily.
The center shall obtain and keep on file a written statement signed and dated by the parent, giving formula and feeding schedule. If formula is brought from home, it must be labeled with the child's name and stored in a refrigerator. If the center provides the formula, it must be made from commercially prepared products.
Staff shall hold infants up to six months old while bottle feeding.
Bottles must not be propped and must be removed form sleeping infants.
Infants who are capable of feeding themselves but cannot sit in child-size chairs at child-size tables, must be seated in highchairs with safety straps.
The center shall use unbreakable dishes and nursing bottles.
Staff shall change infants' diapers when needed.
Staff shall use individual washcloths, towels, or disposable towelettes to cleanse infants during diapering. Staff shall clean diaper changing surfaces after each use by sanitizing the surface or changing the diaper pad or disposable sheeting.
Staff shall wash their hands thoroughly with soap and water after changing a diaper. Staff shall place toilet training chairs away from eating and playing areas.
Rooms where infants are receiving care must be limited to the care of 12 children at any one time. If five or more infants are receiving care in a room, at least two staff persons must be in the room at all times.
The center shall provide bumper pads for each crib in which a child under six months old sleeps. Equipment such as cribs with wheels, buggies, wagons, or laundry carts must be available for emergency evacuation of infants unless additional staff above the ratio are available to carry infants.
At least one staff member who has received first aid training which includes CPR must be on duty at all times, as evidenced by the staffing chart. The CPR instructor must be certified by the American Heart Association, American Red Cross, the National Safety Council, or Emergency Medical Planning America (Medic First Aid). Written verification of current training must be available.
The following first-aid supplies must be available but inaccessible to the children: fever thermometer, bandaids, sterile gauze pads, and tape.
Any child care provider, center, or preschool staff person who gives or applies medication shall do so in accordance with the "5 Rights" as required in Nebraska Statutes 71-6718 through 6742. These are:
Parents or any licensed health care professional shall determine if child care providers or center and preschool staff are competent to give or apply medication. Center and preschool directors have the responsibility to assess the ability of staff to give or apply medication safely.
Any child care provider, center or preschool staff person who gives or applies medication shall not disclose information about a child's medication unless such information is needed to protect the health of other children or staff.
The use of a posted medication sign in sheet does not violate 8-016.05 if the child care provider, center, or preschool staff has advised the parent in writing that the parent has the option of using a private method of informing the center staff of the child's medication needs.
All child care providers, center, or preschool staff shall give or apply medication both prescription and non-prescription, only with prior written permission and written instructions from a parent. Child care providers, center or preschool staff shall comply with the instructions provided by the parent. Medication shall be in the original container, stored according to instructions, clearly labeled for a named child, and returned to the parent when no longer needed. The dosage will not exceed that which is printed on the label. Expired medication shall not be given or applied to a child and shall be returned to the parent. The preschool shall maintain a record as to the time and amount of medication given or applied.
Report to Parents: Any error in the giving or applying of medication shall be reported to the parent.
There must be a written statement from the licensed health care professional who prescribed the medication allowing the provider to give the medication when:
1. Any prescription medication is given or applied as needed (PRN); or
2. By a route other than oral, topical, inhalant, or instillation.
Staff shall not smoke in the presence of children. Alcohol or controlled substances as defined in Sections 28-401 and 28-439 Nebraska Revised Statutes, must not be consumed on the premises during the hours of operation of the center.
All child care providers, center or preschool staff shall wash hands before giving or applying any medication. If handling any bodily fluids are involved, caregivers must also wash hands after giving or applying that medication.
Each center shall have at least 35 square feet of indoor activity space for each child. Bathrooms, kitchen, isolation room, office, passageways, storage, or space occupied by cribs, cots or built-in cabinets must not be considered when computing activity space. The center shall have a working non-coin operated telephone on the premises. Emergency phone numbers for the following must be prominently posted near the phone: fire, police, poison control, hospital, and ambulance. The licensee shall develop a written fire evacuation plan and a tornado safety plan to be posted in a conspicuous place and practiced on a quarterly basis, with the date and the time recorded. At least one drill per year must be practiced during naptime. A vehicle must be immediately accessible for use by staff members for emergency purposes if the 911 emergency phone number is not available.
The licensee shall ensure that safety restraints are available and used for each child transported. Nebraska law requires that all children age three or younger or under 40 pounds must be correctly secured in a federally approved child safety seat. All children age 4 or older or a weight of 40 pounds or more must be secured in a safety belt. Restraints are not required for children transported by public transportation or school bus. The licensee shall ensure that passenger seating, as designed by the vehicle manufacturer, is available for each child transported. The number of children transported must not exceed the seating capacity indicated by the vehicle manufacturer. The licensee shall ensure that all doors on the vehicle are locked when the vehicle is in motion. The licensee shall ensure that parent or guardian-signed permissions are obtained to allow the center to transport children. These permissions must be kept on file.
All centers with swimming pools on the center premises shall comply with the Nebraska Swimming Pool Act and its subsequent rules and regulations. Centers using swimming pools not on center premises shall determine that the pool is licensed by the Department of Health and Human Services Regulation and Licensure. If the depth of the water in the pool is over four feet, a person who has satisfactorily completed a senior course in life-saving sponsored by the Red Cross, Boy Scouts, Girl Scouts, YWCA, YMCA or an institution of higher learning, shall be on duty at all times the pool is in use. The wading/swimming pool must be inaccessible to children in care when not in use by the center. The center shall not use natural bodies of water for swimming or wading activities. When a swimming or non-portable pool is in use (except in the case of organized swimming lessons), the following staff-child ratio must be maintained:
Sanitation rules are set by the Department of Health and Human Services Regulation and Licensure as required by Section 71-1903, Nebraska Revised Statutes. Compliance with these rules is determined by the Nebraska Department of Health and Human Services Regulation and Licensure or its designated local representative.
To be licensed, all centers must have -
2. Floors which are easily cleanable and kept clean and in good repair.
3. No carpeting in the food preparation area.
4. Removable, washable, non-shag carpet in bathrooms, if carpeting is used.
5. Walls and ceilings which are clean and in good repair.
6. In rooms where food is stored or prepared -
a. Walls and ceilings which are smooth, of easily cleanable construction, and finished in a light color;
b. Walls subject to splash must have a smooth, washable surface; and
7. Effective screening on all openings into the outer air when flies or other flying insects are prevalent.
8. Self-closing doors on opening to the outside which swing in the direction of exiting traffic.
9. Measures to prevent the entrance and harborage of rodents.
10. The temperature of rooms where children receive care maintained between 65-70 degrees Fahrenheit. A temperature of at least 72 degrees Fahrenheit must be maintained at floor level when infants are in care.
11. An accurate room thermometer on an inside wall, away from a heater or direct sunlight.
12. All rooms adequately lighted at a minimum of 20 foot candle power (measure of illumination).
13. Safety caps on all electrical outlets within the reach of children under six years of age.
14. Well-ventilated play areas, bathrooms, service rooms, and kitchens. Facilities newly constructed or extensively remodeled after January 1, 1983, must have positive ventilation.
The licensee shall ensure that -
1. The facility has conveniently located toilet facilities at a ratio of one stool per 15 children, two years of age and above.
2. Toilet rooms are kept clean, in good repair, well-lighted, well-ventilated, and fully enclosed.
3. Each toilet is of suitable height and equipped to be easily and safely used by children.
4. Doors to the toilet room opening directly from food service areas are self-closing and tight-fitting.
5. Hand-washing facilities are provided at a ratio of one sink to every 15 children.
6. The sinks are readily accessible to each toilet and/or diaper area.
7. Hot and cold running water and soap are provided.
8. Water temperature at the lavatory is at least 100 degrees Fahrenheit, but no greater than 120 degrees Fahrenheit.
9. Single service towels and individual washcloths, and facilities for storing them are provided; the use of a common towel and washcloth is prohibited.
10. Sanitary dispensing and disposal units are provided for paper towels and are installed at heights convenient for the children's use.
11. Each lavatory is of suitable height or equipped with a steady platform or steps to be safely used by children.
12. No adult or child resumes work or play after using the bathroom without first washing his/her hands.
The licensee shall ensure that -
1. The water supply is obtained from a source which is properly located, constructed, and operated to protect it from contamination and pollution. Water must meet current standards set by the Nebraska Department of Health and Human Services Regulation and Licensure as to bacteriological, chemical, and physical tests for purity. Bacteriological tests must be made at least annually.
2. Running water under pressure is provided.
3. Adequate water heating facilities are provided so that a sufficient amount of hot water for general cleaning as well as washing and sanitizing utensils is available at proper temperatures.
4. Each hot water storage tank is provided with a pressure and temperature relief valve.
5. Drinking water is provided by sanitary drinking fountains or individual cups; the use of common drinking containers is prohibited.
6. Sanitary dispensing and disposal units are provided for paper cups.
7. Drinking fountains used by children have mouth guards with water issuing under sufficient pressure.
The licensee shall ensure that -
1. No plumbing fixture or other device which provides a connection between a drinking water supply and a drainage, soil, waste, or other sewer pipe so as to make possible the backflow of sewage or waste water into the potable water supply system. Water which has been used for cooling or for any other purpose must not be returned to the system.
2. All plumbing conforms to the local plumbing code. Where no plumbing code is in effect, plumbing must conform to the National Plumbing Code USA A 40.8-1955.
The licensee shall ensure that -
1. Sewage and all liquid waste is properly discharged into a municipal sewage system where such a system is available. If it is not available, the sewage must be collected, treated, and disposed of in an independent sewage system which complies with the practices recommended by local ordinances. Where local ordinances do not exist, sewage disposal systems for individual premises must comply with the regulations of the Nebraska Department of Health and Human Services Regulation and Licensure.
2. All garbage and refuse is collected, stored, and disposed of in a manner which will not create a nuisance, provide a breeding place for flies, or provide food or harborage for rodents.
3. All containers, both indoor and outdoor, for garbage and refuse are watertight, have tight fitting covers and are fly and rodent proof. Garbage containers must be kept clean.
4. The burning of garbage is prohibited. Paper products may be disposed of by burning.
The licensee shall ensure that -
1. Locked storage is provided solely for drugs.
2. Separate locked storage is provided for insecticides, cleaning, polishing, and sanitizing agents, and any other poisons; these poisons must be kept separate from food items and inaccessible to children.
3. Firearms, ammunition, and other potentially hazardous equipment are kept in locked cabinets.
4. Covered waterproof containers are provided for storing wet, soiled clothing; other soiled clothing must be stored in a covered container provided for that purpose.
5. Clean and adequate storage is provided for all personal items of children and staff; this storage must not be in the same storage area where food or medication is kept.
6. Toothbrushes, if used, are distinctly marked for individual use.
The licensee shall ensure that -
1. Individual cribs, cots, or mats (suitable to the child's age and level of development) and a cover are provided for each child.
2. For evening care, each child is provided with a cot with a firm, waterproof mattress. Each crib has a waterproof mattress.
3. Mats are waterproof, at least one inch thick and at least 45 inches long.
4. At least three feet of space separate the cribs, cots, and mats.
5. Cots, cribs, and mats are disinfected daily or marked for individual use and disinfected weekly or more often when needed.
6. Stacked cribs are not used for infant sleeping/napping in centers initially licensed after January 1, 1983.
The licensee shall ensure that -
1. A fenced outdoor play area is provided for children six weeks to kindergarten age.
2. The outdoor play area accommodates at least 25 percent of the licensed capacity at one time.
3. When in use, the outdoor play area provides a minimum of 50 square feet for each child using it.
4. The fence for the outdoor play area is at least three feet high, free from sharp, hazardous edges, and of sufficient construction to keep animals and intruders out.
5. There are no barnyard animals or fowl inside the fenced area. Pets, if present, must be physically controlled or restrained.
6. The grounds are kept neat and clean and free from rodent harborages and accident hazards; the grounds must be properly sloped or drained to prevent stagnant water collection.
7. Accident hazards, such as flammable materials, deep pools, farm and law equipment, are inaccessible; potential accident hazards such as uncovered wells, broken glass, boards containing nails, and other debris must be eliminated.
Standards governing food service sanitation are found in the Food service Sanitation Manual; 1995; Recommendations of the U.S. Public Health Service, as they are amended from time to time.
The preschool shall pay an initial license fee and annually thereafter. The current license must be prominently posted so that it is clearly visible to parents and others. Preschool staff shall permit visits, unannounced or announced, by parents of enrolled children or agency representatives during hours of operation. The preschool's program goals and a sample daily schedule must be available in writing to parents of all enrolled children. The preschool shall have on file a completed "Children's Record," (Form DSS-0363), or a form which contains at least the same information, for each child within 30 days of the child's first day of attendance. This information must be available to Department staff upon request. The preschool shall maintain copies of children's immunization records. These records will be available for review upon request. The preschool shall comply with all Nebraska Department of Health and Human Services requirements regarding the immunization status of all enrolled children.
Staff records must include, but are not limited to -
1. The name, address, and telephone number of each staff member;
2. "Health Information Report," (Form DSS-0915), or a report containing the same information;
3. A statement from the director certifying that s/he has verified staff qualifications of all staff before hiring;
4. Dates of employment and separation; and
5. A statement from each staff person, including volunteers, substitutes, and the director, providing information concerning any felony and/or misdemeanor arrests and convictions and of any pending criminal charges. The statement must be signed and dated. Any staff person who is a member of a church or religious organization which prohibits certain medical tests or treatment is exempt from submitting Form DSS-0915 information. This exemption is conditional upon a statement being included in the staff file prior to hiring, indicating that such tests or treatments conflict with religious beliefs. The director shall report to the Department of Health and Human Services, within 24 hours, the death of any child on the premises or any accident to a child while on the preschool premises which requires hospitalization or extensive medical attention. Any staff person who has reason to believe child abuse or neglect may be occurring in the preschool, in the child's home, or elsewhere, shall under penalty of law, immediately file a report with the Child Abuse-Neglect Hotline - 800-652-1999 (Sections 28-711 and 28-717, Nebraska Revised Statutes).
The director shall make available to the Department of Health and Human Services, written verification of meeting staff qualifications (i.e., copy of transcript, letter of verification, grade reports, reference letters, certificates). Within 30 days of hiring, each staff member shall provide a "Health Information Report" (DSS-0915) current within six months of hiring or a report containing the same information. Form DSS-0915 is due annually. Substitute staff and volunteers are exempt from staff qualifications (except for behaviors injurious to or which may endanger (9-003)) and in-service requirements.
The director shall have reached the legal age of majority and have a high school diploma or General Education Diploma. In addition, the director shall meet one of the following requirements:
1. Have a written Department-approved plan to acquire at least six semester hours, or the equivalent thereof, or 36 clock hours of Department-approved in-service in the area of child development or early childhood education in a period not to exceed 12 months;
2. Have a minimum of six credit hours, or the equivalent thereof, in early childhood education or child development;
3. Have a minimum of two years of verifiable experience in preschool education, as indicated by a positive reference from a parent of an enrolled child, a former employer/ supervisor, primary education teacher, early childhood teacher, or child development teacher;
4. Have a Child Development Associate Credential; or
5. Hold a certificate of training, community college certificate, associate degree, or bachelor degree in fields related to the education of children from birth to eight years (e.g., child development, early childhood education, Montessori certificate, elementary education, or special education). The director shall not knowingly allow any person, neither paid nor volunteer staff, to be on the premises if s/he has been convicted of, admitted to, or there is substantial evidence of crimes involving intentional bodily harm, crimes against children, crimes involving the illegal use of a controlled substance, or crimes involving moral turpitude. Preschool staff, whether paid or volunteer, shall not engage in or have a history of behaviors injurious to or which may endanger the health or morals of the children in care. The director shall ensure that any person having responsibility for children has read and is familiar with the "Preschool Regulations" (DSS-PAM-368). The director shall list all staff, including volunteers and substitutes, on each application filed with the Department.
The licensee of a preschool shall submit a "Felony/Misdemeanor Statement," signed and dated by the licensee, director, and staff, which includes teachers, assistant teachers, and all support staff, age 19 and older, which includes the following information:
1. Felony and/or misdemeanor arrests related to crimes against children;
2. Misdemeanor tickets, other than minor traffic violations;
3. Felony and/or misdemeanor convictions;
4. Any pending criminal charge(s); and
5. Current parole or probation status.
This statement must include all law enforcement contacts, regardless of prosecution.
The Department of Health and Human Services shall clear the names, as indicated on the application, of all staff, both paid and volunteer, with the Nebraska Central Registry of Child Abuse and Neglect, and the Nebraska Adult Protective Services Central Registry, before issuing a license. If a preschool is located within a private residence, the director shall submit the names of all household members 13 years and older for clearance with the Nebraska Central Registry of Child Abuse and Neglect and the names of all household members 18 years and older for clearance with the Nebraska Adult Protective Services Central Registry.
Candidates being considered for employment as a director, teacher, assistant teacher, and all support staff must be checked against the Nebraska Central Registry of Child Abuse and Neglect and the Nebraska Adult Protective Services Registry before being hired. Candidates being considered for employment as a director, teacher, assistant teacher, and/or support staff shall submit a signed AFelony/Misdemeanor Statement@ (DSS-600) to the licensee or director. The licensee or director shall request additional information from the appropriate law enforcement agency as needed to comply with Department regulations. The licensee is responsible for reporting any arrests, misdemeanor tickets other than traffic violations, pending criminal charges, and/or any felony/misdemeanor convictions on themselves, the director and staff, which includes teachers/assistant teachers and all support staff.
Teachers shall have reached the legal age of majority and have a high school diploma or General Education Diploma. In addition, each teacher shall meet one of the following requirements:
1. Have a written Department-approved plan to acquire at least three semester hours, or the equivalent thereof, or 15 clock hours of Department-approved in-service in the area of child development or early childhood education in a period not to exceed 12 months;
2. Have a minimum of three credit hours, or the equivalent thereof, in early childhood education or child development;
3. Have a minimum of one year of verifiable experience in preschool education, as indicated by a positive reference from a former employer/supervisor or primary education teacher, early childhood teacher, or child development teacher;
4. Have a Child Development Associate Credential; or
5. Hold a certificate of training, community college certificate, associate degree, or bachelor degree in fields related to the education of children from birth to eight years (e.g., child development, early childhood education, Montessori certificate, elementary education, special education).
At least 50 percent of the preschool staff shall meet teacher qualifications.
Each teacher shall obtain at least two clock hours of inservice annually for each full day per week in which s/he teaches. (For example, if a teacher teaches four half days per week, s/he would be required to obtain four clock hours each year.) Each in-service hour for teaching staff must be specifically related to the care or teaching of children. Each hour spent participating in any of the following types of activities counts toward yearly inservice requirements:
2. Staff sponsored in-service;
6. Adult education courses; and
7. Department-approved reading material.
Written documentation must be available for each of the above types of training.
The director shall ensure that staff-child ratio is met at all times. Compliance with staff-child ratio is determined on a preschool-wide basis.
The preschool shall count only those persons directly involved with the immediate care and teaching of children in the staff-child ratio.
All staff, including volunteers, who are counted in the staff-child ratio shall have reached the legal age of majority.
At no time shall the preschool exceed its licensed capacity.
Staff shall have knowledge of where each child in attendance is at all times and be within hearing distance of all children. Children must be accompanied by a staff person during outdoor play. Preschool staff or any person designated by the licensee as having responsibility for children shall have the responsibility to provide adequate and appropriate supervision at all times children are in attendance. Evidence of negligent or willful lack of supervision is basis for denial of an application or suspension or revocation of the preschool's license.
If the preschool serves a snack, the snack must include at least one serving from one of the four basic food groups and meet nutritional standards set by the U.S. Department of Agriculture.
The director shall ensure that no child is spanked, slapped, pinched, punched, shaken, struck with any inanimate object, handled roughly, or bitten as a discipline; a brief, supervised separation from the group may be used. Staff shall not discipline children:
3. For toilet training accidents; or
4. With subjection to derogatory remarks about themselves or their families, abusive or profane language, yelling or screaming, or threats of physical punishment; or
The licensee shall ensure that -
1. Enough age-appropriate play materials are provided so that, at any one time, each child present can be individually involved.
2. Play materials, equipment, and furnishings are easily cleanable, kept clean and in good repair, have no sharp edges, and have no rusty or loose parts.
3. Furniture and equipment is arranged so as not to interfere with exits or cause a safety hazard for children.
4. Stationary outdoor equipment such as a climbing apparatus, swings, or slides are located away from traffic areas in the play yard and securely anchored, unless designed to be portable.
5. Swing seats are made of a pliable material, not hard plastic, wood, nor metal.
6. The area under climbing equipment, swings, slides, and other equipment from which children might fall, is of a resilient material such as sand, pea gravel, dirt, grass, or rubber matting.
Any child care provider, center, or preschool staff person who gives or applies medication shall do so in accordance with the "5 Rights" as required in Nebraska Statutes 71-6718 through 6742. These are:
Parents or any licensed health care professional shall determine if child care providers or center and preschool staff are competent to give or apply medication. Center and preschool directors shall assess the ability of staff to give or apply medication safely.
Any child care provider, center or preschool staff person who gives or applies medication shall not disclose information about a child's medication unless such information is needed to protect the health of other children or staff.
9-012.03A The use of a posted medication sign in sheet does not violate 9-012.03 if the child care provider, center, or preschool staff has advised the parent in writing that the parent has the option of using a private method of informing the preschool staff of the child's medication needs.
All child care providers, center, or preschool staff shall give or apply medication both prescription and non-prescription, only with prior written permission and written instructions from a parent. Child care providers, center or preschool staff shall comply with the instructions provided by the parent. Medication shall be in the original container, stored according to instructions, clearly labeled for a named child, and returned to the parent when no longer needed. The dosage will not exceed that which is printed on the label. Expired medication shall not be given or applied to a child and shall be returned to the parent. The preschool shall maintain a record as to the time and amount of medication given or applied.
9-012.04A Report to Parents: Any error in the giving or applying of medication shall be reported to the parent.
There must be a written statement from the licensed health care professional who prescribed the medication allowing the provider to give the medication when:
1. Any prescription medication is given or applied as needed (PRN); or
2. By a route other than oral, topical, inhalant, or instillation.
The director shall develop a written fire evacuation plan, (except in one-room facilities), and a tornado safety plan to be posted in a conspicuous place in each licensed area. A tornado drill must be practiced during the second semester, with dates and times recorded. At least one staff member who has received first aid training and CPR training must be on duty during all times children are present, as evidenced by a staffing chart. The CPR instructor must be certified by the American Heart Association, American Red Cross, the National Safety Council, or Emergency Medical Planning America (Medic First Aid). Written verification of current training must be available. The effective dates of the CPR training will be determined by the certified instruction program. The effective dates of the First Aid training will be determined by the instruction program. If dates are not indicated on the First Aid certificate, the training will be considered valid for three years. The director shall ensure that
1. Emergency phone numbers for the following are posted near the phone: fire, police, hospital, and ambulance (or 911 for those services), and Poison Control.
2. A vehicle is immediately accessible for use by staff members for emergency purposes if the 911 emergency phone is not available.
3. A first aid kit containing the following is available for treatment of minor injuries but inaccessible to children: fever thermometer; soap; bandaids or tape; sterile gauze pads; and scissors.
4. Electrical outlets in the licensed area which are within reach of the children are covered with safety caps.
Each preschool must have at least 35 square feet of indoor activity space for each child present. Bathrooms, kitchen, isolation room, office, passageways, storage space, or built-in cabinets are not considered when computing activity space. The director shall ensure that a working non-coin operated telephone is available on the premises.
The director shall ensure that -
1. Safety restraints are available and used for each child transported. All children three years or younger or under 40 pounds must be correctly secured in a federally approved child safety seat. All children age 4 or older or a weight of 40 pounds or more must be secured in a safety belt. Restraints are not required for children transported by public transportation or school bus.
2. The number of children transported does not exceed the seating capacity indicated by the vehicle manufacturer.
3. All doors on the vehicle are locked when the vehicle is in motion, except for the driver's door.
4. Parent or guardian-signed permissions are obtained to allow the preschool to transport children. These permissions must be kept on file.
5. If more than six children are transported, at least two adults are present in the vehicle.
Each preschool director shall ensure that -
1. All floors, walls, and ceilings are clean, dry, and maintained in good repair.
2. Facility doors in the licensed area opening to the outside are self-closing (except for sliding doors) and all facility windows used for ventilation purposes are screened.
3. The temperature of rooms where children are present is maintained at least 65 degrees Fahrenheit minimum temperature.
4. All rooms are adequately lighted with a minimum of 20 foot-candle power (measure of illumination).
5. There is no carpeting in bathrooms. Carpeting is prohibited in new, remodeled, and renovated kitchens. Existing carpeting in kitchens may be accepted, provided it is in good repair and properly maintained at all times.
6. The facility has conveniently located toilet facilities at a ratio of one stool per 15 children two years of age and above. Toilet and toilet training chairs must be conveniently located, cleaned, and disinfected daily, and in good repair.
7. Each toilet is of suitable height or equipped with a steady platform and equipped to be easily and safely used by children.
8. Doors to the toilet room opening directly from food service areas are self-closing and tight-fitting.
9. A lavatory for every 15 children with hot and cold running water and soap is available. Each lavatory must be of suitable height or equipped with a steady platform or steps to be safely used by the children.
10. A sink is located within 60 feet of each toilet and/or diapering area.
11. The use of a common drinking container is prohibited. Drinking water must be provided by sanitary drinking fountains or individual cups.
12. Common grooming items must not be used.
13. Only single service towels and washcloths are used. The use of a common towel and washcloth is prohibited. Soap must be available.
14. No adult or child resumes work or play after using the bathroom, changing diapers, or handling pets without first washing his/her hands.
15. All child care providers, center, or preschool staff shall wash hands before giving or applying any medication. If handling any bodily fluids are involved, caregivers must also wash hands after giving or applying that medication.
The director shall ensure that water temperature at each lavatory used by the children is at least 100 degrees F, but no greater than 120 degrees F. If the water supply is not obtained from a municipal system, the Department shall make a referral to the Department of Health and Human Services Regulation and Licensure for an inspection.
The director shall ensure that -
1. All garbage and refuse is collected, stored, and disposed of in a manner which will not create a nuisance, provide a breeding place for flies, or provide food or harborage for rodents.
2. All containers, both indoor and outdoor, for garbage and refuse are watertight, have tight-fitting covers, and are fly and rodent proof. If the sewage system is not connected to a municipal system, the Department of Health and Human Services shall make a referral to the Department of Health and Human Services Regulation and Licensure for an inspection.
The director shall ensure that -
1. Enclosed waterproof containers are provided for storing soiled, wet clothing.
2. Medications in the licensed area are stored separately under lock and key.
3. Separate locked storage is provided for insecticides, cleaning, polishing, and sanitizing agents, and any other poisons kept in the licensed area. These poisons must be kept separate from food items and inaccessible to children in the licensed area.
4. Weapons and ammunition are contained in locked storage.
5. Deep freezers with self-locking latches are locked or stored in a locked room.
The director shall ensure that -
1. All food is obtained from an approved or commercial source and meat is from an inspected source.
2. No home-canned foods are served to the children.
3. Fluid milk and fluid milk products used or served are pasteurized and meet the Grade A quality standards as established by law. Dry milk and dry milk products must be made from pasteurized milk and be used for cooking purposes only.
4. All food is protected from contamination at all times, including while being stored, prepared, displayed, served, or transported. The temperature of potentially hazardous foods must be 45 degrees Fahrenheit or below or 140 degrees Fahrenheit or above at all times.
5. All food service equipment, utensils, preparation area, and non-food contact surfaces are cleaned after each use. This includes proper washing, rinsing, sanitizing, air drying, and storage. All surfaces must be maintained in good repair.
If an adjoining outdoor play area is used by the children, the director shall ensure that the preschool complies with the following regulations:
1. If there are unsafe areas such as drainage ditches, open storm sewers, wells, holes, railroad tracks, or heavy street traffic in or near the outdoor play area, a fence must be provided. The fence must be at least three feet high, free from sharp, hazardous edges, in good repair, and of sufficient construction to keep animals and intruders out.
2. Pets, if present, must be physically controlled or restrained, and proof of vaccination must be available for cats and dogs.
3. The grounds must be kept neat and clean, free from rodent harborages, and properly sloped or drained to prevent stagnant water collection.
4. Accident hazards, such as flammable materials, deep pools, farm and lawn equipment, must be inaccessible. Potential accident hazards such as uncovered wells, broken glass, boards containing nails, and other debris must be eliminated.
Compliance with the regulations in this section is determined by Nebraska Department of Health and Human Services Regulation and Licensure staff.
1. The preschool shall obtain its water supply from a source which is properly located, constructed, and operated to protect it from contamination and pollution. Water must meet current standards set by the Nebraska Department of Health and Human Services Regulation and Licensure as to bacteriological, chemical, and physical tests for purity. Bacteriological and nitrate tests must be provided at least annually on private water supplies.
2. Sewage and all liquid wastes must be properly discharged into a municipal sewage system where such system is available. If it is not available, the sewage must be collected and treated in an independent sewage system which complies with the practices recommended by local ordinances. Where local ordinances do not exist, sewage treatment systems for individual premises must comply with regulations of the Nebraska Department of Health and Human Services Regulation and Licensure.
3. No plumbing fixture or other device which provides a connection between a drinking water supply and a drainage, soil, waste or other sewer pipe so as to make possible the backflow of sewage or waste water into the potable water supply system may be installed or remain installed. Water which has been used for cooling or for any other purpose must not be returned to the system.
4. All plumbing must conform to the local plumbing code. Where no plumbing code is in effect, plumbing must conform to the National Plumbing Code USA A 40.8-1955.