Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Neb. Rev. Stat. § 71-1912 Department; investigation; inspections; national criminal history record information check; procedure; cost; background checks; person ineligible for employment; when.
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(1) Before issuance of a license, the department shall investigate or cause an investigation to be made, when it deems necessary, to determine if the applicant or person in charge of the program meets or is capable of meeting the physical well-being, safety, and protection standa…
Neb. Rev. Stat. § 71-1912.01 Child care staff member; national criminal history record information check; required, when; federal Child Care Subsidy program; eligibility to participate.
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(1) For purposes of this section, child care staff member means an individual who is not related to all of the children for whom child care services are provided and: (a) Who is employed for compensation by a child care provider not required to be licensed under the Child Care Li…
Neb. Rev. Stat. § 71-1912.02 Child care program; volunteer; permitted, when; section; termination.
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(1) No child care program licensed under the Child Care Licensing Act shall be prohibited from including a volunteer in the supervised staff-to-child ratio if the volunteer (a) receives qualifying results for either (i) a Federal Bureau of Investigation fingerprint check or (ii) …
Neb. Rev. Stat. § 71-1912.03 Youth afterschool eligibility letter; employment eligibility; requirements; expiration; renewal; department; powers and duties; acceptance; applicability of section.
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(1) The department shall establish a youth afterschool eligibility letter for individuals who are sixteen or seventeen years of age and who are seeking employment in school-age child care programs or temporary nonresidential child care programs. For purposes of this section, temp…
Neb. Rev. Stat. § 71-1913 Fire inspections; sanitation and physical well-being standards; liability insurance; investigations.
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(1) The department may request the State Fire Marshal to inspect any program for fire safety pursuant to section 81-502. The State Fire Marshal shall immediately notify the department whenever he or she delegates authority for such inspections under such section. (2) The departme…
Neb. Rev. Stat. § 71-1913.01 Immunization requirements; record; report.
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(1) Each program shall require the parent or guardian of each child enrolled in such program to present within thirty days after enrollment and periodically thereafter (a) proof that the child is protected by age-appropriate immunization against measles, mumps, rubella, poliomyel…
Neb. Rev. Stat. § 71-1913.02 Immunization reports; audit; deficiencies; duties.
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(1) The department shall perform annually a random audit of the reports submitted under section 71-1913.01 to check for compliance with such section on an annual basis and such other audits and inspections as are necessary to prevent the introduction or spread of disease. Audit r…
Neb. Rev. Stat. § 71-1913.03 Immunization; department; adopt rules and regulations.
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The department shall adopt and promulgate rules and regulations relating to the required levels of protection, using as a guide the recommendations of the American Academy of Pediatrics and the Advisory Committee on Immunization Practices of the Centers for Disease Control and Pr…
Neb. Rev. Stat. § 71-1913.04 Anaphylaxis policy; required, when; publication.
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(1) Beginning July 1, 2026, a program licensed pursuant to the Child Care Licensing Act without a policy in effect at such time, that cares for a child with a known food or other allergy, shall adopt a specific policy to address incidents of anaphylaxis involving children at the …
Neb. Rev. Stat. § 71-1914 Department; serve as coordinating agency; local rules and regulations; report of violation.
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(1) The department shall be the state's coordinating agency for licensure and regulation of programs in this state in order to (a) provide efficient services pursuant to the Child Care Licensing Act, (b) avoid duplication of services, and (c) prevent an unnecessary number of insp…
Neb. Rev. Stat. § 71-1914.01 Unlicensed child care; investigation.
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When the department receives a complaint of allegedly improper unlicensed care, the department shall investigate the claim and shall go to the premises of the alleged unlicensed program to ascertain if child care is being provided there which must be licensed according to the Chi…
Neb. Rev. Stat. § 71-1914.02 Unlicensed child care; restraining order or injunction; department; powers.
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The department may apply for a restraining order or a temporary or permanent injunction against any person violating the Child Care Licensing Act by providing unlicensed child care when a license is required. The district court of the county where the violation is occurring shall…
Neb. Rev. Stat. § 71-1914.03 Unlicensed child care; violations; penalty; county attorney; duties.
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(1) Any person violating the Child Care Licensing Act by providing unlicensed child care when a license is required is guilty of a Class IV misdemeanor. Each day the violation continues shall be a separate offense. (2) The county attorney of the county in which any provision of u…
Neb. Rev. Stat. § 71-1915 Department; emergency powers; injunction.
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(1) Whenever the department finds that an emergency exists requiring immediate action to protect the physical well-being and safety of a child in a program, the department may, without notice or hearing, issue an order declaring the existence of such an emergency and requiring th…
Neb. Rev. Stat. § 71-1916 Department; administrative procedures.
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(1) The department shall adopt and promulgate such rules and regulations, consistent with the Child Care Licensing Act, as necessary for (a) the proper care and protection of children in programs regulated under the act, (b) the issuance and discipline of licenses, and (c) the pr…
Neb. Rev. Stat. § 71-1917 School-age child care program; inspections; Department of Health and Human Services; duties.
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(1) For purposes of licensing a school-age child care program, a school-age child care program which operates in an accredited or approved school under the rules and regulations of the State Department of Education shall be deemed to meet the standards of the State Department of …
Neb. Rev. Stat. § 71-1917.01 Blankets; prohibited in cribs.
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Blankets shall not be used in cribs in any child care facility.
Neb. Rev. Stat. § 71-1918 Complaint tracking system.
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The department shall maintain a complaint tracking system which shall identify licensing violations discovered from a complaint investigation, an unannounced inspection, or a self-report investigation for licensees under the Child Care Licensing Act.
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…
Repealed. Laws 1988, LB 1100, § 185.
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[Repealed or reserved.]
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…
Repealed. Laws 1971, LB 587, § 15.
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[Repealed or reserved.]
Transferred to section 38-1149.
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[Repealed or reserved.]
Transferred to section 38-1150.
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[Repealed or reserved.]
Transferred to section 38-1151.
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[Repealed or reserved.]
Transferred to section 38-1118.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 587, § 15.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 587, § 15.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 587, § 15.
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[Repealed or reserved.]
Repealed. Laws 1986, LB 572, § 8.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 587, § 15.
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[Repealed or reserved.]
Repealed. Laws 1953, c. 238, § 7.
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[Repealed or reserved.]
Repealed. Laws 1971, LB 587, § 15.
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[Repealed or reserved.]
Transferred to section 38-1135.
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[Repealed or reserved.]