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REV. MARCH 10, 2009

NEBRASKA DEPARTMENT OF CCS PROGRAM MANUAL LETTER # 17-2009 HEALTH AND HUMAN SERVICES 392 NAC 5-001.04A

5-001.04A General Criminal History: Department staff must not have a Child Care Provider Agreement with a potential individual provider if a history of convictions for misdemeanor or felony actions that endanger the health and safety of any client is indicated. This includes crimes against a child or vulnerable adult, crimes involving intentional bodily harm, crimes involving the illegal use of a controlled substance, or crimes involving moral turpitude on the part of the potential provider.

5-001.04A1 Special Criminal History: Department staff must deny or terminate service provider approval when conviction has occurred in the following areas:

1. Child pornography;

2. Child or adult abuse; 3. Driving under the influence: two or more DUI charges are pending, or convictions have occurred within the last five years, or two of any combinations of DUI charges pending or convictions occurred within the last five years;

4. Domestic assault; 5. Shoplifting after age 19 and within the last three years; 6. Felony fraud within the last ten years; 7. Misdemeanor fraud within the last five years; 8. Termination of provider status for cause from any DHHS program within the last ten years; 9. Possession of any controlled substance within the last five years; 10. Possession of a controlled substance with intent to deliver within the last ten years; 11. Felony or misdemeanor assault without a weapon in the last ten years; 12. Felony or misdemeanor assault with a weapon in the last 15 years; 13. Prostitution or solicitation of prostitution within the last five years; 14. Felony or misdemeanor robbery or burglary within the last ten years;

15. Rape or sexual assault; or

16. Homicide. Pending charges must be reviewed by Department Resource Development to determine whether the client’s safety is in jeopardy. Other convictions must be considered using the guidance in 392 NAC 5-001.04A and weighted to similar offenses included in this list.

5-001.05 Driving Record: The driving record must be verified for any provider who transports child care children. A provider who will be transporting children is not allowed any DUI convictions in the last eight years, and must not have more than three points assigned against his/her driver’s license. Each provider’s past eight year driving history must be considered. If there is a pattern of having points assigned against the provider’s license each year, a license has been suspended or revoked, or the provider has any major traffic violations, the provider must not be approved to transport children. 5-001.06 Agency Decision to Enter into a Provider Agreement: In determining whether to enter into a Provider Agreement, the Department will evaluate whether a provider meets all the standards contained in Title 392. No individual or agency has a right to a Provider Agreement with the Department.