391 Neb. Admin. Code, ch. 3, § 004

Current through September 17, 2024

Section 391-3-004 - GENERAL REQUIREMENTS

004.01License Not Transferable:

A child care center license is not transferable or assignable and is only valid at the address printed on the license.

004.02Separate License:

An applicant for a child care center license must obtain a separate license for each program the applicant seeks to operate.

1. A single license may be issued for a child care center operating in separate buildings or structures on the same premises under one licensee.

2. Multiple licenses may be issued for child care centers, preschools, and school-age-only centers operating on the same premises under multiple licensees.

004.03Posting of License and Availability of License Record Information:

The licensee must ensure the current license, including any applicable status or amendment, is prominently posted and clearly visible in the child care area. License record information and inspection reports must be available for public inspection upon request.

004.04Change in Premises:

When there is a change in premises:

1. Ninety days before the scheduled date of occupancy of the new premises, the licensee must submit an application for the same type of license (provisional or operating) currently held, except that:

a. The following items must be submitted before the license will be issued:

(1) A sketch, diagram, or blueprint of the facility showing the dimensions, arrangement of room to be used by children, and outdoor play area;

(2) A fire inspection approval issued by the State Fire Marshal or delegated authority;

(3) A sanitation inspection approval issued by the Department or delegated local authority;

(4) Copies of zoning approval from the relevant jurisdiction;

(5) Planned occupancy date; and

b. Remaining items must be submitted only if there are changes since the previous application;

2. The Department will conduct an inspection(s) of the proposed location to determine compliance with these regulations before use or occupancy by the applicant; and

3. The new premises cannot be used for a child care program until a license has been issued by the Department. The license for the initial premises will become null and void when a license for the new premises is issued.

004.05Alternative Compliance:

The Department may grant alternative compliance with a regulation under the following conditions:

3-004.05AWritten Request: A request for alternative compliance must be submitted to the Department in writing and must include:

1. The regulation for which alternative compliance is being requested;

2. The reason for the alternative compliance request;

3. A description of how the alternative will meet the intent of the regulation; and

4. How the alternative will offer equal protection for all children.

3-004.05BReview and Approval: The Department may request additional information from the applicant or licensee in order to reach a decision to approve or deny the alternative compliance request. To be considered for approval, the proposed alternative must:

1. Be consistent with the overall intent and purposes of the regulation; and

2. Protect the health, rights, safety, and well-being of all children in care.

3-004.05CTerms of Alternative Compliance: An alternative compliance may be granted:

1. For a period of time that ends when the conditions of the approval no longer exist; and

2. To permit the applicant or licensee time to come into compliance.

3-004.05DRequirements Not Qualifying for Alternative Compliance: Alternative compliance will not be granted for the requirements on:

1. Capacity/Ratio;

2. Transportation;

3. Supervision;

4. Fire Safety;

5. Criminal history/background checks;

6. Licensee and staff; and

7. Any regulation for which a discipline has been initiated or completed.

3-004.05E Notification of Department Decision: When the Department receives an alternative compliance request and has obtained all information needed to process the request, the Department will notify the applicant or licensee in writing of its decision to approve or deny the request. The notification will be made within 30 days of the Department's receipt of all appropriate information.

004.06Notification of Changes:

An applicant or licensee must notify the Department:

3-004.06A An Amendment to Application must be submitted at least 90 working days before the planned effective date for a change:

1. In location (see 3-004.04); and

2. In building or building usage.

3-004.06B An Amendment to Application must be submitted at least five working days before the planned effective date for a change:

1. In the days of the week care is provided;

2. In the hours of the day care is provided;

3. In the age of children for whom the center provides care; and

4. A change in household members age 13 or older, if the center is located in a private residence.

3-004.06C An Amendment to Application must be submitted within two working days of the following changes:

1. In director; and

2. In household members age 12 or younger, if the center is located in a private residence.

004.07Information Available to Public:

The Department will release the following information to the public upon request:

1. Application;

2. Name of licensee;

3. Name of facility;

4. Facility address;

5. Facility telephone number;

6. Alternative compliances;

7. Type of license;

8. Relevant license information (for example, licensed capacity, hours and days of operation, ages of children served, license effective dates);

9. Copies of inspection reports;

10. Fire safety inspection reports and correspondence;

11. Sanitation inspection reports and correspondence;

12. Licensing agreements;

13. Provisional license extension notices;

14. Corrective action status notices;

15. Discipline notices;

16. Corrective action plans;

17. Written transcripts of administrative hearings;

18. Emergency orders; and

19. All final orders.

3-004.07A The Department will not release the following information to the public:

1. Names, addresses, and telephone numbers of complainants;

2. Names, addresses, and telephone numbers of enrolled children and their parents/guardians;

3. Social Security or Federal Tax Identification numbers;

4. Health Information Reports and any physical or behavioral health information on the licensee and staff;

5. Reports of Law Enforcement Contact by the licensee, staff, and household members;

6. Law enforcement reports;

7. Child welfare reports or records, including the state child abuse/neglect central register under Neb. Rev. Stat. § 28-718;

8. Adult protective services (APS) reports or records, including the APS central registry under Neb. Rev. Stat. § 28-376;

9. Nebraska State Patrol Sex Offender Registry information not available to the public under the Sex Offender Registration Act; or

10. Internal Department correspondence, notes, and investigation reports.

004.08Fees:

1. Initial and annual licensure fees for child care centers are:

a. Programs with licensed capacity of 1-29 $25

b. Programs with licensed capacity of 30 and up $50

2. Initial and annual licensure fees are nonrefundable, except:

a. If the Department denies an application for a license or an applicant withdraws their application, and the Department has not completed an inspection before the denial or withdrawal, the Department will return the license fee to the applicant.

3. Fees will be accepted in the form of a check or money order. Cash will not be accepted.

391 Neb. Admin. Code, ch. 3, § 004