LB874 LB874
2024 2024
LEGISLATIVE BILL 874
Approved by the Governor April 15, 2024
Introduced by Bostar, 29; Ibach, 44.
A BILL FOR AN ACT relating to child care licensing and child care facilities;
to amend sections 71-1911 and 71-1911.03, Reissue Revised Statutes of
Nebraska, and sections 28-713, 71-1908, 71-1912, and 77-202, Revised Statutes Cumulative Supplement, 2022; to change requirements for child care licensing, liability insurance for child care license applicants,
background checks for child care employees, and use of blankets in child care facilities; to provide reporting requirements to the Legislature for the Department of Health and Human Services, the State Fire Marshal, and municipalities; to provide a property tax exemption; to harmonize provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 28-713, Revised Statutes Cumulative Supplement, 2022,
is amended to read:
28-713 (1) Unless a report is assigned to alternative response, upon the receipt of a call reporting child abuse and neglect as required by section
28-711, it is the duty of the law enforcement agency to investigate the report,
to take immediate steps to protect the child, and to institute legal proceedings consistent with section 43-247 if the child is seriously endangered in the child's surroundings and immediate removal is necessary for the protection of the child. The law enforcement agency may request assistance from the department during the investigation and shall, by the next working day,
notify either the hotline established under section 28-711 or the department of
receipt of the report, including whether or not an investigation is being undertaken by the law enforcement agency. A copy of all reports, whether or not an investigation is being undertaken, shall be provided to the department.
(2)(a) When a report is assigned for traditional response, the department shall utilize an evidence-informed and validated tool to assess the safety of
the child at the time of the assessment, the risk of future child abuse or
neglect, the need for services to protect and assist the child and to preserve the family, and whether the case shall be entered into the central registry pursuant to section 28-720. As part of such investigation, the department may request assistance from the appropriate law enforcement agency or refer the matter to the county attorney to initiate legal proceedings.
(b) If in the course of an investigation the department finds a child is
seriously endangered in the child's surroundings and immediate removal is
necessary for the protection of the child, the department shall make an
immediate request for the county attorney to institute legal proceedings consistent with section 43-247.
(3) When a report contains an allegation of out-of-home child abuse or
neglect, a law enforcement agency or the department shall immediately notify each person having custody of each child who has allegedly been abused or
neglected that such report has been made unless the person to be notified is
the subject of such report. The department or the law enforcement agency shall provide such person with information about the nature of the alleged child abuse or neglect and any other necessary information. The department shall also provide such social services as are necessary and appropriate under the circumstances to protect and assist the child and to preserve the family.
(4)(a) In situations of alleged out-of-home child abuse or neglect, if the subject of the report of child abuse or neglect is a school employee and the child is a student in the school to which such school employee is assigned for work, the department shall immediately notify the Commissioner of Education of
receipt of the report, including whether or not an investigation is being undertaken by the law enforcement agency or the department.
(b) In situations of alleged out-of-home child abuse or neglect, if the subject of the report of child abuse or neglect is a child care provider or a child care staff member as defined by subdivision (5)(k) (5)(h) of section
71-1912, the Division of Children and Family Services of the Department of
Health and Human Services shall immediately notify the Division of Public Health of the Department of Health and Human Services of receipt of the report,
including whether or not an investigation is being undertaken by the law enforcement agency or the department.
(5) The department shall, by the next working day after receiving a report of child abuse or neglect under this section, make a written report or a summary on forms provided by the department to the proper law enforcement agency in the county and enter in the tracking system of child protection cases maintained pursuant to section 28-715 all reports of child abuse or neglect opened for investigation and any action taken.
(6) The department shall, upon request, make available to the appropriate investigating law enforcement agency and the county attorney a copy of all reports relative to a case of suspected child abuse or neglect.
(7)(a) In addition to the responsibilities under subsections (1) through
(6) of this section, upon the receipt of any report that a child is a reported
-1-
LB874 LB874
2024 2024
or suspected victim of sex trafficking of a minor or labor trafficking of a minor as defined in section 28-830 and without regard to the subject of the report, the department shall:
(i) Assign the case to staff for an in-person investigation. The department shall assign a report for investigation regardless of whether or not the subject of the report is a member of the child's household or family or
whether the subject is known or unknown, including cases of out-of-home child abuse and neglect;
(ii) Conduct an in-person investigation and appropriately coordinate with law enforcement agencies, the local child advocacy center, and the child abuse and neglect investigation team under section 28-729;
(iii) Use specialized screening and assessment instruments to identify whether the child is a victim of sex trafficking of a minor or labor trafficking of a minor or at high risk of becoming such a victim and determine the needs of the child and family to prevent or respond to abuse, neglect, and exploitation. On or before December 1, 2019, the department shall develop and adopt these instruments in consultation with knowledgeable organizations and individuals, including representatives of child advocacy centers, behavioral health providers, child welfare and juvenile justice service providers, law enforcement representatives, and prosecutors; and
(iv) Provide for or refer and connect the child and family to services deemed appropriate by the department in the least restrictive environment, or provide for safe and appropriate placement, medical services, mental health care, or other needs as determined by the department based upon the department's assessment of the safety, risk, and needs of the child and family to respond to or prevent abuse, neglect, and exploitation.
(b) On or before July 1, 2020, the department shall adopt rules and regulations on the process of investigation, screening, and assessment of
reports of child abuse or neglect and the criteria for opening an ongoing case upon allegations of sex trafficking of a minor or labor trafficking of a minor.
(8) When a preponderance of the evidence indicates that a child is a victim of abuse or neglect as a result of being a trafficking victim as defined in section 28-830, the department shall identify the child as a victim of
trafficking, regardless of whether the subject of the report is a member of the child's household or family or whether the subject is known or unknown. The child shall be included in the department's data and reporting on the numbers of child victims of abuse, neglect, and trafficking.
Sec. 2. Section 71-1908, Revised Statutes Cumulative Supplement, 2022, is amended to read:
71-1908 (1) Sections 71-1908 to 71-1923 and sections 6 to 9 of this act shall be known and may be cited as the Child Care Licensing Act.
(2) The Legislature finds that there is a present and growing need for quality child care programs and facilities. There is a need to establish and maintain licensure of persons providing such programs to ensure that such persons are competent and are using safe and adequate facilities. The Legislature further finds and declares that the development and supervision of
programs are a matter of statewide concern and should be dealt with uniformly on the state and local levels. There is a need for cooperation among the various state and local agencies which impose standards on licensees, and there should be one agency which coordinates the enforcement of such standards and informs the Legislature about cooperation among the various agencies.
Sec. 3. Section 71-1911, Reissue Revised Statutes of Nebraska, is amended to read:
71-1911 (1) A person may operate child care for three or fewer children without having a license issued by the department. A person who is not required to be licensed may choose to apply for a license and, upon obtaining a license,
shall be subject to the Child Care Licensing Act. A person who has had a license issued pursuant to this section and has had such license suspended or
revoked other than for nonpayment of fees shall not operate or offer to operate
a program for or provide care to any number of children until the person is
licensed pursuant to this section.
(2) No person shall operate or offer to operate a program for four or more children under his or her direct supervision, care, and control at any one time from families other than that of such person without having in full force and effect a written license issued by the department upon such terms as may be
prescribed by the rules and regulations adopted and promulgated by the department. The license may be a provisional license or an operating license. A
city, village, or county which has rules, regulations, or ordinances in effect on July 10, 1984, which apply to programs operating for two or three children from different families may continue to license persons providing such programs. If the license of a person is suspended or revoked other than for nonpayment of fees, such person shall not be licensed by any city, village, or county rules, regulations, or ordinances until the person is licensed pursuant to this section.
(3) A provisional license shall be issued to all applicants following the completion of preservice orientation training approved or delivered by the department for the first year of operation. At the end of one year of
operation, the department shall either issue an operating license, extend the provisional license, or deny the operating license. The provisional license may be extended once for a period of no more than six months. The decision regarding extension of the provisional license is not appealable. The provisional license may be extended if:
(a) A licensee is unable to comply with all licensure requirements and
-2-
LB874 LB874
2024 2024
standards, is making a good faith effort to comply, and is capable of
compliance within the next six months;
(b) 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
(c) The licensee has a written plan of correction that has been approved by the department which is to be completed within the renewal period.
(4) The department may place a provisional or operating license on
corrective action status. Corrective action status is voluntary and may be in effect for up to six months. The decision regarding placement on corrective action status is not a disciplinary action and is not appealable. If the written plan of correction is not approved by the department, the department may discipline the license. A probationary license may be issued for the licensee to operate under corrective action status if the department determines that:
(a) The licensee is unable to comply with all licensure requirements and standards or has had a history of noncompliance;
(b) 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
(c) The licensee has a written plan of correction that has been approved by the department.
(5) No child care licensee shall be prohibited from obtaining a dual license for the purpose of complying with attendance requirements.
(6) (5) Operating licenses issued under the Child Care Licensing Act shall remain in full force and effect subject to annual inspections and fees. The department may amend a license upon change of ownership or location. Amending a license requires a site inspection by the department at the time of amendment.
When a program is to be permanently closed, the licensee shall return the license to the department within one week after the closing.
(7) (6) The license, including any applicable status or amendment, shall be displayed by the licensee in a prominent place so that it is clearly visible to parents and others. License record information and inspection reports shall be made available by the licensee for public inspection upon request.
Sec. 4. Section 71-1911.03, Reissue Revised Statutes of Nebraska, is amended to read:
71-1911.03 An applicant for a license under the Child Care Licensing Act shall provide to the department written proof of liability insurance coverage for the hours such applicant is operating and a child is in the applicant's care of at least one hundred thousand dollars per occurrence prior to issuance of the license. A licensee subject to the Child Care Licensing Act on July 1,
2014, shall obtain such liability insurance coverage and provide written proof to the department within thirty days after July 1, 2014. Failure by a licensee to maintain the required level of liability insurance coverage shall be deemed noncompliance with the Child Care Licensing Act. If the licensee is the State of Nebraska or a political subdivision, the licensee may utilize a risk retention group or a risk management pool for purposes of providing such liability insurance coverage or may self-insure all or part of such coverage.
Sec. 5. Section 71-1912, Revised Statutes Cumulative Supplement, 2022, is amended to read:
71-1912 (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 standards and the other rules and regulations of the department adopted and promulgated under the Child Care Licensing Act. The department may investigate the character of applicants and licensees, any member of the applicant's or licensee's household, and the staff and employees of programs. The department may at any time inspect or cause an
inspection to be made of any place where a program is operating to determine if
such program is being properly conducted.
(2) All inspections by the department shall be unannounced except for initial licensure visits and consultation visits. Initial licensure visits are announced visits necessary for a provisional license to be issued to a family child care home I, family child care home II, child care center, or school-age-
only or preschool program. Consultation visits are announced visits made at the request of a licensee for the purpose of consulting with a department specialist on ways of improving the program.
(3) An unannounced inspection of any place where a program is operating shall be conducted by the department or the city, village, or county pursuant to subsection (2) of section 71-1914 at least annually for a program licensed to provide child care for fewer than thirty children and at least twice every year for a program licensed to provide child care for thirty or more children.
(4) Whenever an inspection is made, the findings shall be recorded in a report designated by the department. The public shall have access to the results of these inspections upon a written or oral request to the department.
The request must include the name and address of the program. Additional unannounced inspections shall be performed as often as is necessary for the efficient and effective enforcement of the Child Care Licensing Act.
(5)(a) A person applying for a license as a child care provider or a licensed child care provider under the Child Care Licensing Act shall submit a request for a national criminal history record information check for each child care staff member, including a prospective child care staff member of the child care provider, at the applicant's or licensee's expense, as set forth in this
-3-
LB874 LB874
2024 2024
section.
(b) A Beginning on October 1, 2019, a prospective child care staff member shall submit to a national criminal history record information check (i) prior to employment, except as otherwise permitted under 45 C.F.R. 98.43, as such regulation existed on January 1, 2019, or (ii) prior to residing in a family child care home. A child care staff member who was employed by a child care provider prior to October 1, 2019, or who resided in a family child care home prior to October 1, 2019, shall submit to a national criminal history record information check by October 1, 2021, unless the child care staff member ceases to be a child care staff member prior to such date.
(c) The department shall provide documentation of national criminal history record information checks which proves eligibility for employment. Such documentation shall be made available to each child care staff member or
prospective child care staff member by the applicant or licensee for at least one hundred eighty days after the last day of employment or date the documentation was provided by the department, whichever is later.
(d) (b) A child care staff member shall be required to undergo a national criminal history record information check not less than once during each five-
year period. A child care staff member shall submit a complete set of his or
her fingerprints to the Nebraska State Patrol. The Nebraska State Patrol shall transmit a copy of the child care staff member's finge