Any person intending to establish, operate, or maintain a
child care center, unless exempt and not seeking voluntary licensure as
provided in 391 NAC
3-001 and 391 NAC
3-002, must first obtain a license
from the Department. An applicant must show that the child care program meets
all licensing requirements contained in these regulations, 391 NAC 3.
003.01
Provisional
License:
Provisional licenses are issued to all newly licensed child
care center programs. Provisional licenses are effective for one year.
3-003.01A
Application
Requirements: An applicant for a provisional child care center
license must submit:
1. A complete, accurate,
written and signed application and disclosure of ownership on a form provided
by the Department, which contains all information required and authorized by
the Child Care Licensing Act;
2.
For the purpose of complying with Neb. Rev. Stat.
§§
4-108
to
4-114,
if an individual or an individual in a partnership, an attestation that s/he is
a U.S. citizen or a qualified alien lawfully present in the U.S. The applicant
must provide his/her immigration status and alien number, and agree to provide
a copy of his/her USCIS documentation upon request;
3. Consent for central registry checks and
authorization for release of information for the applicant, all staff and
volunteers age 13 or older, and all household members age 13 or older if the
center is to be located in a private residence;
4. Documentation of criminal history record
checks for the applicant if an individual or an individual in a partnership,
all staff and volunteers age 19 or older, all household members age 19 or older
if the center is to be located in a private residence, and for the individual
who will be the director of the center if the applicant is a limited liability
company, a corporation, or a governmental unit (see
3-006.03A);
5. A Report of Law Enforcement Contact for
the applicant, or for the individual who will be the director of the center if
the applicant is a limited liability company, a corporation, or a governmental
unit, all staff and volunteers age 19 or older, and household members age 19 or
older if the center is to be located in a private residence (see
3-006.03C);
6. A Health Information Report for the
director on a form provided by the Department (see
3-006.03F);
7. Documentation of director qualifications
(see 3-006.04);
8. A sketch,
diagram, or blueprint of the facility showing the dimensions, arrangement of
rooms to be used by the children, and outdoor play area;
9. Copies of zoning approval from the
relevant jurisdiction;
10. A Fire
Inspection Approval issued by the appropriate fire marshal's office;
11. A Sanitation Inspection Approval issued
by the Department or delegated authority;
12. A written description of
services;
13. A sample daily
schedule for each age group in care;
14. A sample weekly menu of snacks and/or
meals;
15. The planned occupancy
date; and
16. The required
licensing fee (see 3-004.08).
3-003.01B
Denial of Provisional
License: See
3-008 for grounds on which the
Department may deny a provisional license.
3-003.01C
Extension of
Provisional License: The Department may extend a provisional
license once for a period no longer than six months. The Department's decision
regarding extension of a provisional license may not be appealed. A provisional
license may be extended if the Department determines:
1. The provisional licensee is unable to
comply with all licensure requirements and standards, is making a good faith
effort to comply, and is capable of compliance within the next six
months;
2. The 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 the extension period.
3-003.01D
Expiration of
Provisional License: The Department will send a notice of
expiration to the licensee no later than 90 days before the date of expiration.
1. If a provisional licensee does not submit
a complete application for an operating license on or before the expiration
date, the provisional license expires.
2. If the former licensee submits a complete
application and is in compliance with all regulations within 90 days after
expiration, the Department will issue an operating license effective when
issued.
3. If the former licensee
submits an application more than 90 days after expiration, the Department will
process the application as a provisional license application.
003.02
Operating License:
Operating licenses are standard, non-expiring licenses issued
to child care center programs that have been licensed for more than one year
and are in full compliance with all regulations. Licensees must have completed
one full year with a provisional license with satisfactory compliance with all
regulations before qualifying for an operating license.
3-003.02A
Application
Requirements: An applicant for an operating child care center
license must submit:
1. A complete, accurate,
written and signed application and disclosure of ownership on a form provided
by the Department, which contains all information required and authorized by
the Child Care Licensing Act;
2.
For the purpose of complying with Neb. Rev. Stat.
§§
4-108
to
4-114,
if an individual or an individual in a partnership, an attestation that s/he is
a U.S. citizen or a qualified alien lawfully present in the U.S. The applicant
must provide his/her immigration status and alien number, and agree to provide
a copy of his/her USCIS documentation upon request;
3. A Report of Law Enforcement Contact for
the applicant, all staff and volunteers age 19 or older, and all household
members age 19 or older if the center is located in a private residence (see
3-006.03B);
4. Verification of director qualifications;
(see
3-006.14A);
and
5. The required licensure fee
(see 3-004.08).
3-003.02B
Denial of an Operating License: See
3-008 for grounds on which the
Department may deny an operating license.
003.03
Change of
Ownership:
Child care licenses are not transferable or assignable. A
change of ownership terminates the license. The new owner must apply for a
license.
3-003.03A Change of ownership
includes the sale or transfer of the ownership or control of a child care
center to a person other than the current licensee.
Change of ownership does not include a change of name or
location of the child care center.
3-003.03B
Requirements of New
Owner: If there is a change of ownership and the child care center
remains on the same premises, the new owner must apply for a provisional
license as required in
3-003.01A, except
that:
1. Criminal history record checks,
Reports of Law Enforcement Contact, and Health Information Reports are required
only for new employees who have not already submitted or completed these
documents; and
2. A sketch,
diagram, or blueprint of the facility, a written description of services, and a
sample daily schedule are required only when the new owner changes the use of
the facility and/or changes the description of services or the daily
schedule.
3-003.03C
Mergers: If there is a change of ownership based on
the merger of a parent and subsidiary company, affiliated businesses, or
governmental units, and the child care center remains on the same premises, the
new owner must submit:
1. A Full Disclosure
of Ownership Statement on a form provided by the Department; and
2. An application for a child care center
license.
3-003.03D
Denial of License: See
3-008 for grounds on which the
Department may deny a license.
003.04
Temporary and Voluntary
Cease of Operation:
A licensee may request to voluntarily cease operation of the
child care program for a period of up to one year. The licensee must:
1. Have attained an operating
license;
2. Intend to re-open the
child care program at the same location;
3. Not serve any children during the period
of ceased operation;
4. Not be the
subject of any disciplinary action, investigation of alleged non-compliance
with regulations, or outstanding non-compliance; and
5. Pay license fees during the period as
specified in 3-004.08.
3-003.04A If
the licensee is the subject of any negative or disciplinary action, the period
of ceased operation does not count toward the period of negative or
disciplinary action.
3-003.04B No
routine fire safety, sanitation, or Department inspections will be conducted
during the period of ceased operation.
3-003.04C The period of ceased operation may
be extended beyond the one-year limit if the licensee shows a reasonable
cause.
3-003.04D
Reinstatement: A child care center licensee may
request reinstatement after a period of ceased operation by submitting an
application at least 30 days before the scheduled re-opening date. The
Department will review the application and decide if additional information, an
on-site inspection, or a fire safety or sanitation inspection is needed to
determine compliance with regulations.
003.05
Negative
Actions:
The Department may initiate a negative action when a licensee
is not in compliance with regulation but the violation does not rise to the
level of a disciplinary action. (Disciplinary actions are described in
3-008.) Negative actions are voluntary
and are not appealable. The Department may conduct unannounced monitoring
inspections of licensees under negative action. If a licensee does not agree to
the terms of the negative action, the Department may initiate a disciplinary
action. The two types of negative action are a Licensing Agreement and
Corrective Action Status, described as follows.
3-003.05A
Licensing
Agreement
3-003.05A1
Determining Need for a Licensing Agreement: The
Department may request a written licensing agreement if:
1. The licensee is unable to comply with all
licensure requirements and standards or has a history of noncompliance;
and
2. The effect of noncompliance
with any rule or regulations does not present an unreasonable risk to the
health, safety, or well-being of children or staff.
3-003.05A2
The Licensing
Agreement must:
1. Identify the
length of time the Department has determined the agreement will be in
effect;
2. Identify regulation
violation(s);
3. Identify
conditions agreed to by the licensee or director to correct any identified
issue and to maintain compliance with licensing regulations;
4. Be signed by the licensee or designee,
with permission of the licensee; and
5. Be witnessed by a notary public,
Department staff, or non-relative of the licensee.
3-003.05B
Corrective
Action Status: The Department may place a provisional or operating
license on corrective action status for up to six months if:
1. The licensee is unable to comply with all
licensure requirements and standards or has 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.
3-003.05B1 The written plan of correction
must:
1. Identify the issue(s) of
concern;
2. Identify who is
responsible for corrections and maintenance of compliance;
3. Include timelines; and
4. Specify the documentation to be provided
to the Department.
3-003.05B2 The Department may discipline the
license if the written plan of correction is not approved.
003.06
Voluntary
Surrender of a License:
A licensee may voluntarily surrender a license issued under
the Child Care Licensing Act at any time, except that the Department may refuse
to accept a voluntary surrender of the license if the licensee is under
investigation or if the Department has initiated disciplinary action against
the license. If the Department accepts the surrender, the licensee must return
the license to the Department within one week of the surrender.
3-003.06A
Reapplication for an
Operating License Less Than One Year After
Voluntary
Surrender: A licensee who voluntarily surrendered a child care
center operating license less than one year before the date of reapplication
may reapply for an operating license. The licensee must meet the requirements
of
3-003.02A.
3-003.06B
Reapplication One Year
or More After Voluntary Surrender: A licensee who voluntarily
surrendered a child care center provisional or operating license one year or
more before the date of reapplication must reapply for a provisional license.
The applicant must meet the requirements of
3-003.01A.
003.07
Permanent
Closure:
When a child care center is to be permanently closed, the
licensee must return the license to the Department within one week of
closing.