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JUNE 17, 2002 NEBRASKA HEALTH AND CCS PROGRAM MANUAL LETTER # 37-2002 HUMAN SERVICES MANUAL 392 NAC 5-002

5. Not engage in or have an ongoing history of behaviors which are harmful to or which may endanger the health or morals of children including a conviction for, an admission of, or substantial evidence of crimes against child(ren), crimes involving intentional bodily harm, crimes involving the illegal use of controlled substances, or crimes involving moral turpitude; Note: The Department in reviewing an application where there is a conviction for, an admission of, or substantial evidence of crimes against child(ren), crimes involving intentional bodily harm, crimes involving the illegal use of controlled substances, or crimes involving moral turpitude by the caregiver will not approve or allow an approval to remain in effect if these circumstances have current and direct bearing on the provider's ability to provide and/or show that children would be placed at risk. 6. On request, provide written permission for the Department to request criminal history information from law enforcement or criminal justice agencies and the name(s) by which s/he has been known; 7. Demonstrate the physical, mental, and emotional capacity to provide care for children. A statement from a medical professional may be requested if there is reasonable cause to question the provider’s capacity to provide care; 8. Provide continual supervision of children; 9. Discuss with the parent/guardian the hours of care, care for ill children, disciplinary practices, meals, snacks, napping schedules, and toilet training practices (if applicable) before care is provided; 10. Dispense prescription or non-prescription medication only with prior written permission and written instructions from the child's parent/guardian; 11. Make arrangements with the parent/guardian on how to handle medical and other emergency situations; and 12. Develop a plan for the evacuation of children from the home in emergencies such as fire or tornado.

5-003 Provider Standards for License-Exempt Family Child Care Homes: If a provider is to become a license-exempt vendor to care for three or fewer children and chooses not to become registered as a Family Child Care Home, the provider must complete Form CC-0351, "Approved Family Day Care Self-Certification Checklist." This form (and Form CC-9B) may be completed by mail or during a home or office visit. The local office may make a home visit, announced or unannounced, to determine compliance with these requirements. Each provider of license-exempt family child care must: 1. Be at least 19 years old or meet the requirements at 392 NAC 5-001.02B; 2. Provide care for a maximum of 6 children. The provider’s children, grandchildren, or foster children count in the maximum if they are age 12 or younger. A child(ren) age 13 or older is included in the maximum if the provider is being paid to provide child care for the child, either from a private payer or the Department. The Department will pay for a maximum of: a. Three children from different families; or In addition, the provider may have a maximum of 3 of his/her own children, grandchildren, or foster children age 12 or younger in the home. Care for these children will not be paid.