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1,943 sections in this chapter.
Neb. Rev. Stat. § 71-1919 License denial; disciplinary action; grounds.
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The department may deny the issuance of or take disciplinary action against a license issued under the Child Care Licensing Act on any of the following grounds: (1) Failure to meet or violation of any of the requirements of the Child Care Licensing Act or the rules and regulation…
Neb. Rev. Stat. § 71-1920 Disciplinary action; types; fines; disposition.
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(1) The department may impose any one or a combination of the following types of disciplinary action against a license issued under the Child Care Licensing Act: (a) Issue a probationary license; (b) Suspend or revoke a provisional, probationary, or operating license; (c) Impose …
Neb. Rev. Stat. § 71-1921 Disciplinary action; considerations.
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(1) In determining what type of disciplinary action to impose, the department shall consider: (a) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to whi…
Neb. Rev. Stat. § 71-1922 Denial of license; disciplinary action; notice; final; when.
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(1) If the department determines to deny the issuance of or take disciplinary action against a license under the Child Care Licensing Act, the department shall send to the applicant or licensee, by certified mail to the address of the applicant or licensee, a notice setting forth…
Neb. Rev. Stat. § 71-1923 Voluntary surrender of license.
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A licensee may voluntarily surrender the license issued under the Child Care Licensing Act at any time, except that the department may refuse to accept a voluntary surrender of a license if the licensee is under investigation or if the department has initiated disciplinary action…
Neb. Rev. Stat. § 71-1923.01 Department of Health and Human Services; rules and regulations; submit for review.
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The Department of Health and Human Services shall submit to the Health and Human Services Committee of the Legislature all licensing rules and regulations relating to child care for review once every five years.
Neb. Rev. Stat. § 71-1923.02 State Fire Marshal; fire code enforcement and regulations; submit for review.
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The State Fire Marshal shall submit to the Government, Military and Veterans Affairs Committee of the Legislature all fire code enforcement and regulations relating to child care facilities for review once every five years.
Neb. Rev. Stat. § 71-1923.03 Municipality; submit codes, permits, ordinances, zoning, and regulations for review.
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Each municipality shall submit to the Urban Affairs Committee of the Legislature all fire and building safety codes, fire and building safety permits, and health department and sanitation ordinances, zoning, and regulations relating to child care facilities for review once every …
Neb. Rev. Stat. § 71-1923.04 Residency requirements for family child care home II; prohibited.
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No political subdivision shall institute residency requirements for a family child care home II. This section shall not be construed to prohibit a political subdivision from regulating business use relating to outside appearance, nuisances, or public health and safety.
Neb. Rev. Stat. § 71-1924 Children's Residential Facilities and Placing Licensure Act; act, how cited.
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Sections 71-1924 to 71-1951 shall be known and may be cited as the Children's Residential Facilities and Placing Licensure Act.
Neb. Rev. Stat. § 71-1925 Purpose of act.
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The purpose of the Children's Residential Facilities and Placing Licensure Act is to protect the public health and the health, safety, and welfare of children who reside in or who are placed in settings other than the home of their parent or legal guardian by providing for the li…
Neb. Rev. Stat. § 71-1926 Terms, defined.
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For purposes of the Children's Residential Facilities and Placing Licensure Act: (1) Care means the provision of room and board and the exercise of concern and responsibility for the safety and welfare of children on a twenty-four-hour-per-day basis in settings that serve as the …
Neb. Rev. Stat. § 71-1927 Residential child-caring agency or child-placing agency; license required; current license holders; how treated.
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(1) Except as provided in subsection (2) of this section, a residential child-caring agency or child-placing agency shall not be established, operated, or maintained in this state without first obtaining a license issued by the department under the Children's Residential Faciliti…
Neb. Rev. Stat. § 71-1927.01 Suicide awareness and prevention training requirements.
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The department shall establish standardized suicide awareness and prevention training requirements for all employees of a child-placing agency prior to any independent contact with youth and families. Such training shall incorporate a baseline of curriculum materials described in…
Neb. Rev. Stat. § 71-1928 Applicant for license or renewal; application; requirements; contents.
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(1) An applicant for an initial or renewal license to operate a residential child-caring agency or a child-placing agency shall file a written application with the department. To be licensed as a child-placing agency, an applicant must be a corporation, nonprofit corporation, or …
Neb. Rev. Stat. § 71-1928.01 National criminal history record information check; procedure; cost; background checks.
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(1) Any individual eighteen years of age or older working in a residential child-caring agency shall be required to undergo a national criminal history record information check not less than once during each five-year period that he or she is working in such an agency. The indivi…
Neb. Rev. Stat. § 71-1929 Fees.
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Fees applicable to an applicant for an initial or renewal license under the Children's Residential Facilities and Placing Licensure Act include: (1) A nonrefundable license fee of twenty-five dollars; (2) A nonrefundable renewal license fee of twenty-five dollars; (3) A reinstate…
Neb. Rev. Stat. § 71-1930 Licenses; expiration date; not transferable or assignable; public inspection and display.
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(1) Except as otherwise provided in the Children's Residential Facilities and Placing Licensure Act: (a) Licenses issued under the act shall expire on uniform annual dates established by the department specified in rules and regulations; and (b) Licenses shall be issued only for …
Neb. Rev. Stat. § 71-1931 Separate license required; duties of licensee.
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(1) An applicant for licensure under the Children's Residential Facilities and Placing Licensure Act shall obtain a separate license for each type of residential child-caring agency or child-placing agency that the applicant seeks to operate. A single license may be issued for a …
Neb. Rev. Stat. § 71-1932 Provisional license; period valid; conversion to regular license.
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A provisional license may be issued to an applicant for an initial residential child-caring agency or child-placing agency that substantially complies with requirements for licensure under the Children's Residential Facilities and Placing Licensure Act and the rules and regulatio…
Neb. Rev. Stat. § 71-1933 Inspection by department; inspection report.
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The department may inspect or provide for the inspection of residential child-caring agencies or child-placing agencies licensed under the Children's Residential Facilities and Placing Licensure Act in such manner and at such times as provided in rules and regulations adopted and…
Neb. Rev. Stat. § 71-1934 State Fire Marshal; inspection; fee; delegation of authority; department; investigations authorized; delegation of authority.
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(1) The department may request the State Fire Marshal to inspect any residential child-caring agency for fire safety under section 81-502. The State Fire Marshal shall assess a fee for such inspection under section 81-505.01 payable by the applicant or licensee. The State Fire Ma…
Neb. Rev. Stat. § 71-1935 Inspection report; findings of noncompliance; department; proceedings; letter requesting statement of compliance; contents; failure to correct; additional proceedings.
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If the inspection report issued under section 71-1933 contains findings of noncompliance by a licensed residential child-caring agency or child-placing agency with any applicable provisions of the Children's Residential Facilities and Placing Licensure Act or rules and regulation…
Neb. Rev. Stat. § 71-1936 Alleged violation of act; complaint; investigation; department; duties; confidentiality; immunity; report.
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(1) Any person may submit a complaint to the department and request investigation of an alleged violation of the Children's Residential Facilities and Placing Licensure Act or rules and regulations adopted and promulgated under the act. The department shall review all complaints,…
Neb. Rev. Stat. § 71-1937 Licensee; discrimination or retaliation prohibited; cause of action for relief.
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Licensees shall not discriminate or retaliate against an individual or the family of an individual residing in, served by, or employed at the residential child-caring agency or child-placing agency who has initiated or participated in any proceeding authorized by the Children's R…
Neb. Rev. Stat. § 71-1938 Emergency; department; powers; order; contents; hearing; order; petition for injunction; other enforcement measures.
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(1) Whenever the department finds that an emergency exists requiring immediate action to protect the health, safety, or welfare of a child in a residential child-caring agency or child-placing agency, the department may, without notice or hearing, issue an order declaring the exi…
Neb. Rev. Stat. § 71-1939 Department; deny or refuse renewal of license; grounds.
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The department may deny or refuse to renew a license under the Children's Residential Facilities and Placing Licensure Act to any residential child-caring agency or child-placing agency that fails to meet the requirements for licensure provided in the act or in rules and regulati…
Neb. Rev. Stat. § 71-1940 Deny, refuse renewal, or take disciplinary action against license; grounds.
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The department may deny, refuse to renew, or take disciplinary action against a license issued under the Children's Residential Facilities and Placing Licensure Act on any of the following grounds: (1) Failure to meet or violation of any of the requirements of the act or the rule…
Neb. Rev. Stat. § 71-1941 License; department; impose disciplinary actions; fine; how treated; recovery.
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(1) The department may impose any one or a combination of the following types of disciplinary actions against the license of a residential child-caring agency or child-placing agency: (a) A fine not to exceed ten thousand dollars per violation; (b) A period of probation not to ex…
Neb. Rev. Stat. § 71-1942 Disciplinary action; department; considerations.
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In determining what type of disciplinary action to impose, the department may consider: (1) The gravity of the violation, including the probability that death or serious physical or mental harm will result, the severity of the actual or potential harm, and the extent to which the…
Neb. Rev. Stat. § 71-1943 Deny, refuse renewal of, or take disciplinary action against license; department; notice; contents; hearing.
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(1) Except as provided in section 71-1938, if the department determines to deny, refuse renewal of, or take disciplinary action against a license, the department shall send to the applicant or licensee, by certified mail to the last-known address shown on the records of the depar…
Neb. Rev. Stat. § 71-1944 Applicant or licensee; notification to department; failure to notify department; effect.
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(1) Within fifteen days after the mailing of a notice under section 71-1943, an applicant or licensee shall notify the department in writing that the applicant or licensee: (a) Desires to contest the notice and requests a hearing; or (b) Does not contest the notice. (2) If the de…
Neb. Rev. Stat. § 71-1945 Applicant or licensee; hearing; procedure; director; decision; contents.
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(1) If the applicant or licensee requests a hearing under section 71-1944, the department shall hold a hearing and give the applicant or licensee the right to present such evidence as may be proper. On the basis of such evidence, the director shall affirm, modify, or set aside th…
Neb. Rev. Stat. § 71-1946 Decision of department; appeal; procedure.
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Any party to a decision of the department under the Children's Residential Facilities and Placing Licensure Act may appeal such decision. The appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 71-1947 Lapsed license; reinstatement; suspension; probation; reinstatement; procedure; hearing; revoked license; revocation period.
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(1) A license issued under the Children's Residential Facilities and Placing Licensure Act that has lapsed for nonpayment of fees is eligible for reinstatement at any time by applying to the department and paying the fees as provided in section 71-1929. (2) A license that has bee…
Neb. Rev. Stat. § 71-1948 Voluntary surrender of license.
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A licensee may voluntarily surrender a license issued under the Children's Residential Facilities and Placing Licensure Act at any time, except that the department may refuse to accept a voluntary surrender of a license if the licensee is under investigation or if the department …
Neb. Rev. Stat. § 71-1949 Rules and regulations; contested cases; procedure.
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(1) To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe care of children, the department may adopt and promulgate rules and regulations consistent with the Children's Residential Facilities and P…
Neb. Rev. Stat. § 71-1950 Violations; penalty.
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Any person who establishes, operates, or maintains a residential child-caring agency or child-placing agency subject to the Children's Residential Facilities and Placing Licensure Act without first obtaining a license as required under the act or who violates any of the provision…
Neb. Rev. Stat. § 71-1951 Existing rules and regulations, licenses, and proceedings; how treated.
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(1) All rules and regulations adopted and promulgated prior to May 26, 2013, under sections 71-1901 to 71-1906.01 or other statutes amended by Laws 2013, LB265, may continue to be effective under the Children's Residential Facilities and Placing Licensure Act to the extent not in…
Neb. Rev. Stat. § 71-1952 Step Up to Quality Child Care Act; act, how cited.
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Sections 71-1952 to 71-1964 shall be known and may be cited as the Step Up to Quality Child Care Act.
Neb. Rev. Stat. § 71-1953 Purposes of act.
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The purposes of the Step Up to Quality Child Care Act are to (1) provide accountability for public funds invested in child care and early childhood education programs, (2) provide a path to higher quality for child care and early childhood education programs, (3) provide parents …
Neb. Rev. Stat. § 71-1954 Terms, defined.
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For purposes of the Step Up to Quality Child Care Act: (1) Applicable child care and early childhood education programs include: (a) Child care programs licensed under the Child Care Licensing Act which serve children from birth to kindergarten-entrance age; (b) Prekindergarten s…
Neb. Rev. Stat. § 71-1955 Quality rating and improvement system; State Department of Education; Department of Health and Human Services; duties.
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The State Department of Education and the Department of Health and Human Services shall collaborate (1) to develop, implement, and provide oversight for a quality rating and improvement system for participating applicable child care and early childhood education programs, (2) to …
Neb. Rev. Stat. § 71-1956 Child care and early childhood education program; rating; quality rating criteria.
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(1) Each applicable child care and early childhood education program which applies under section 71-1957 to participate in the quality rating and improvement system developed pursuant to section 71-1955 shall be rated on a quality scale using ratings labeled steps one through fiv…
Neb. Rev. Stat. § 71-1957 Participation in quality rating and improvement system.
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Application to participate in the quality rating and improvement system shall be voluntary for applicable child care and early childhood education programs with the following exceptions: (1) Beginning July 1, 2014, and not later than December 31, 2014, each applicable child care …
Neb. Rev. Stat. § 71-1958 Quality scale rating; application; assignment of rating.
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(1) Quality rating criteria shall be used as provided in this section to assign a quality scale rating to each applicable child care or early childhood education program if the program applies under section 71-1957 to participate in the quality rating and improvement system devel…
Neb. Rev. Stat. § 71-1959 Quality scale rating review; reevaluation.
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(1) An applicable child care or early childhood education program participating in the quality rating and improvement system developed pursuant to section 71-1955 may apply no more than once each fiscal year to have its quality scale rating reviewed. (2) A participant shall meet …
Neb. Rev. Stat. § 71-1960 License under Child Care Licensing Act; denial of license or disciplinary act authorized.
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The Department of Health and Human Services may deny the issuance of or take disciplinary action against a license issued under the Child Care Licensing Act to a participating applicable child care or early childhood education program for failure to comply with the Step Up to Qua…
Neb. Rev. Stat. § 71-1961 Quality rating and improvement system incentives and support.
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Quality rating and improvement system incentives and support under the Step Up to Quality Child Care Act shall include, but not be limited to: (1) Tiered child care subsidy reimbursements as provided in section 68-1206 based upon quality scale ratings of step three or higher that…
Neb. Rev. Stat. § 71-1962 Nebraska Early Childhood Professional Record System; creation and operation; State Department of Education; duties; develop classification system for eligible staff members; use.
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(1) Not later than March 1, 2014, the State Department of Education shall create and operate the Nebraska Early Childhood Professional Record System. The system shall be designed in order to: (a) Establish a database of Nebraska's early childhood education workforce; (b) Verify e…