Chapter 71 — PUBLIC HEALTH AND WELFARE
3,329 sections in this chapter.
Transferred to section 38-1136.
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[Repealed or reserved.]
Transferred to section 38-1130.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Transferred to section 38-1131.
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[Repealed or reserved.]
Transferred to section 38-1132.
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[Repealed or reserved.]
Transferred to section 38-1133.
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[Repealed or reserved.]
Transferred to section 38-1134.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Transferred to section 38-1137.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Transferred to section 38-1138.
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[Repealed or reserved.]
Transferred to section 38-1139.
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[Repealed or reserved.]
Transferred to section 38-1140.
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[Repealed or reserved.]
Transferred to section 38-1142.
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[Repealed or reserved.]
Transferred to section 38-1141.
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[Repealed or reserved.]
Transferred to section 38-1144.
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[Repealed or reserved.]
Transferred to section 38-1145.
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[Repealed or reserved.]
Transferred to section 38-1146.
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[Repealed or reserved.]
Transferred to section 38-1143.
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[Repealed or reserved.]
Transferred to section 38-1147.
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[Repealed or reserved.]
Transferred to section 38-1148.
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[Repealed or reserved.]
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…
Transferred to section 71-1301.
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[Repealed or reserved.]
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…
Transferred to section 71-1302.
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[Repealed or reserved.]
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 …