5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: Child Care Center means a child care program licensed to provide child care for 13 or more children. A center may be located in the licensee’s residence or another location. A School Age Only Center means a child care program licensed to provide care for 13 or more children who are school age. A school-age child is a child who attends kindergarten or above. Services can be provided to school-age children before and/or after school, in the summer, and/or during extended breaks in the school year. Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [x] Yes. If yes, describe: Head Start, Early Head Start, Public School, some School Age Only programs, and some religious-based programs are exempt from licensing requirements but do not fall under the Lead Agency definition of license exempt. The Lead Agency defines license-exempt providers as providers caring for children in the home of the provider and caring for three or less children at one time. [ ] No. b. Identify the family child care providers subject to licensing: Family Child Care Home I is licensed to provide a child care program in the licensee’s residence to at least four, but not more than eight children, except that a licensee may be approved to serve up to two additional school-age children during non-school hours if no more than two of the children in care are under 18 months of age. Family Child Care Home II is licensed to provide a child care program for at least four, but no more than 12 children. A Family Child Care Home II may be located in the licensee’s residence or at another location. Pursuant to regulations, Title 391 Neb. Admin. Code (NAC) Chapter 2, one provider may care for up to 12 school-age children only. Other combinations of mixed-age children or infant-only care may require at least one additional staff. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: Nebraska does not license in-home providers. Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. Nebraska does not have license-exempt CCDF-eligible center-based child care programs. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. N/A b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. License-exempt family child care home providers are defined as individuals providing care for a maximum of three children from different families or up to six children from the same family in the provider’s home. License exempt family child care home providers are, as their title suggests, exempt from State licensing requirements. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. License exempt family child care home providers can only provide care for a maximum of three children from different families or up to six children from the same family. Care can only occur in the provider’s home, and the provider must meet the license exempt provider standards set forth in 392 Neb. Admin. Code (NAC) § 1-001.18. Background checks are required for all license- exempt child care providers and any household member over the age of 13. Such providers must also meet the requirements set forth in 392 NAC Chapter 4. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. License-exempt providers are required to meet with an assigned Resource Developer (RD) and complete home inspections to assess for health and safety. Monitoring occurs annually, and more frequently if there are concerns reported regarding the care of children with the provider. The RD will also determine if the provider demonstrates the physical, mental, and emotional capacity to provide care for children, and requests medical documentation if there is reasonable cause to question the provider’s ability. Child and Family Services Protection and Safety will alert Resource Development and Child Care Subsidy if a complaint occurs, and the RD will complete follow-up monitoring and investigating with the Protection and Safety Investigator. Providers also have Health and Safety training requirements prior to approval and ongoing training requirements annually. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. The Lead Agency funds in-home child care with state dollars; no CCDF funds or state matching funds are used. In-home care providers are license exempt and provide care to children in the child’s home. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. In-home child care is only available to children who have a special need or childhood illness, families with three or more children needing child care, or families that require child care during non-traditional hours. These providers are required to meet a set of standards to ensure health and safety requirements are met and children are not endangered while in care. The provider is not able to care for their own children, or any other children outside of the household who has been identified as eligible, while providing this service. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. In-home care providers must only provide care in the child’s home and meet the provider standards set forth in 392 Neb. Admin. Code Chapter 4. Background checks are required for all in-home care providers. An assigned Resource Developer (RD) communicates with the provider and parent to ensure these occur before care and will meet with the provider annually to monitor and review a checklist for the provider and parent to complete. The RD will also determine if the provider demonstrates the physical, mental, and emotional capacity to provide care for children, and requests medical documentation if there is reasonable cause to question the provider's ability. Child and Family Services Protection and Safety will alert Resource Development and Child Care Subsidy if a complaint occurs, and the RD will complete follow-up monitoring and investigating with the Protection and Safety Investigator. Providers also have Health and Safety training requirements prior to approval and ongoing training requirements annually.