71-1919. License denial; disciplinary action; grounds.

438 words·~2 min read·/ne/chapter-71/71-1919

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The department may deny the issuance of or take disciplinary action against a license issued under the Child Care Licensing Act on any of the following grounds:

(1)Failure to meet or violation of any of the requirements of the Child Care Licensing Act or the rules and regulations adopted and promulgated under the act;

(2)Violation of an order of the department under the act;

(3)Conviction of, or substantial evidence of committing or permitting, aiding, or abetting another to commit, any unlawful act, including, but not limited to, unlawful acts committed by an applicant or licensee under the act, household members who reside at the place where the program is provided, or employees of the applicant or licensee that involve:

(a)Physical abuse of children or vulnerable adults as defined in section 28-371 ;

(b)Endangerment or neglect of children or vulnerable adults;

(c)Sexual abuse, sexual assault, or sexual misconduct;

(d)Homicide;

(e)Use, possession, manufacturing, or distribution of a controlled substance listed in section 28-405 ;

(f)Property crimes, including, but not limited to, fraud, embezzlement, and theft by deception; and

(g)Use of a weapon in the commission of an unlawful act;

(4)Conduct or practices detrimental to the health or safety of a person served by or employed at the program;

(5)Failure to allow an agent or employee of the department access to the program for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the department;

(6)Failure to allow state or local inspectors, investigators, or law enforcement officers access to the program for the purposes of investigation necessary to carry out their duties;

(7)Failure to meet requirements relating to sanitation, fire safety, and building codes;

(8)Failure to comply with or violation of the Medication Aide Act;

(9)Failure to file a report of suspected abuse or neglect as required by sections 28-372 and 28-711 ;

(10)Violation of any city, village, or county rules, regulations, or ordinances regulating licensees;

(11)Failure to pay fees required under the Child Care Licensing Act; or

(12)Failure to comply with the Step Up to Quality Child Care Act.

The Legislature has authorized the Department of Health and Human Services to make various rules and regulations necessary for the care and protection of children. That authorization extends to making rules for childcare providers and facilities. Failure to abide by those rules may be cause for discipline against a licensee or the revocation of a license to operate. Marion's v. Nebraska Dept. of Health & Human Servs., 289 Neb. 982, 858 N.W.2d 178 (2015).