Page 246

o Felony possession of controlled substance offenses;

o Felony theft; or o Robbery.

Five-Year Disqualification:

o Burglary; o Driving under the influence: two or more convictions; o Felony bad check writing; o Misdemeanor controlled substances offenses; o Misdemeanor contributing to the delinquency of a child; or o Misdemeanor theft. Draft regulations will include Arson as a disqualification for current License Child Care providers and staff. Regulations are in draft form with Child Care Licensing, anticipated to be introduced in 2019.

An individual is permanently disqualified from holding a child care license or working as a staff member or volunteer in a child care center if s/he has a criminal history that includes conviction of any unlawful act endangering the health or safety of another individual. Such convictions include crimes against a child or vulnerable adult, crimes involving intentional bodily harm, crimes involving the sale, distribution or procurement of a controlled substance, or crimes involving moral turpitude on the part of the individual.

5.4.12 The state/territory has a process for a child care staff member to appeal the the results of his or her background check to challenge the accuracy or completeness of the criminal background report, as detailed in 98.43(e)(3). Effective Date: 11/22/2019

Describe how the Lead Agency ensures the privacy of background checks and provides opportunities for applicants to appeal the results of background checks. In addition, describe whether the state/territory has a review process for individuals disqualified due to a felony drug offense to determine if that individual is still eligible for employment Nebraska Page 246 of 314