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6-004 Native American Foster Home Licensing
6-004.01 Administration
6-004.01A Legal Basis: Foster care licensing is a responsibility of the Nebraska
Department of Health and Human Services as mandated by Neb. Rev. Stat. §§43-296
and 71-1901 through 71-1907. The authority for a separate set of foster home licensing
regulations for Native American families is contained in Neb. Rev. Stat. §71-1906.01.
6-004.01B Licensing Authority: Licensing agent responsibilities for Native American
foster homes may be delegated to:
1. The local office;
2. A licensed child placing agency;
3. County, district, or separate juvenile court staff; or
4. Other Department-approved agencies.
Foster care home licensing is the responsibility of the local office unless specifically
assumed by another jurisdiction with approval by Central Office.
Child placing agencies that have been granted the authority to act as a licensing agent
for foster homes shall not be limited to geographic territory.
6-004.01C Policies:
Public Access to Licensing Files: Department staff shall release information
regarding a foster home licensee's name, address, telephone number, type of
license, number of children, hours and days of care, name of licensing agent,
license number, and license effective dates upon verbal or written request. Names
of complainants shall be released only upon court order.
Central Office shall release the following foster home information only to courts and
probation, parole, and child placing agencies:
1. License Application; and
2. Foster Care Home Requirements Compliance Review.
If the individual making the request wishes only to review the reports, s/he shall do
so in the presence of Department staff.
All personal or identifying information concerning foster children including but not
limited to: background, family, identity and locations of other past or future
placements shall be treated as confidential by all persons involved with the children.
In this context, confidential means that any information concerning a child, family,
or background may only be used for the benefit of the child in working with persons
or agencies directly involved with the child.
REV. OCTOBER 14, 2002 NEBRASKA HEALTH AND S.S./FAMILY-CHILD-YOUTH
MANUAL LETTER # 75-2002 HUMAN SERVICES MANUAL 474 NAC 6-003
CHAPTER 6-000 LICENSING FOSTER HOMES, GROUP HOMES, CHILD CARING AGENCIES,
AND CHILD PLACING AGENCIES
6-001 6-002 (Reserved)
6-003 Foster Care Home Licensing:
6-003.01 Scope and Authority: The Nebraska Department of Health and Human Services
is responsible for licensing foster homes, group homes, child caring agencies, and child
placing agencies, as authorized in Neb. Rev. Stat. Sections 43-296, 43-701 to 43-707, and 71-
1901 to 71-1907. This section contains material governing the administration of foster care
licensing.
Material governing the licensing of group homes, child caring agencies, and child placing
agencies is in 474 NAC 6-005. Additional licensing requirements for group homes are in 474
NAC 6-006, for child caring agencies in 474 NAC 6-008, and for child placing agencies in 474
NAC 6-009.
6-003.02
6-003.03 License Required: A license is required when a person or business is engaged in
the service of exercising 24-hour daily care, supervision, custody, or control over two or more
children age 15 or younger, from more than one family, for compensation or hire. This care
must be in lieu of the care or supervision normally exercised by parents in their own home.
To provide child care for children in a foster home, the provider shall obtain a separate child
care center or child care home license and, if applicable, HHS payment approval.
Each applicant/licensee shall comply with all applicable federal, state, and local subdivision
laws, ordinances, and regulations.
6-003.03A Exemptions: The following foster care services are not required by state law
to be licensed, but may voluntarily apply for a license:
1. Facilities providing only casual care at irregular intervals;
2. Care that is provided without charge or any form or compensation;
3. Care given to children from one family only;
4. Care provided only to children age 16 or older;
5. Care provided by grandparents to their grandchildren;
6. Care provided within geographic territories not subject to state law, such as
military installations; and
7. Health care provided to children in a facility licensed by the Department of
Health and Human Services Regulation and Licensure as a center for the
developmentally disabled or an intermediate care facility.
6-003.04 Inquiries: The unit having jurisdiction shall handle all phone or letter inquiries. The
licensing agent shall ensure that a copy of the appropriate minimum requirements booklet is
sent to all potential applicants. If requested the agent shall also send a License Application.
6-003.05 Application
6-003.05A Signing Application: Each applicant shall sign a licensing application form,
attached and incorporated by reference into these regulations. All private home license
applications must be signed by the applicant's spouse, if applicable. An application must
come with the recommendation of a Nebraska Placing Agency.
6-003.05B Time Guide for Processing: The licensing agent shall initiate action on an
application within ten days of receipt. The licensing agent may recommend denial of any
application pending beyond three months due to inaction on the part of the applicant.
6-003.05C Signing Releases: Each applicant shall sign a release of information and
provide background information for use in background checks.
6-003.26 Foster Care Program
6-003.26A Maximum Children: Care provided at any time is limited to no more than nine
children under the age of majority, including children related to the foster parents by
blood or adoption. No more than 6 of these children may be age 12 or younger. The
maximum also includes any adults for whom care is provided.
6-003.26A1 Ratio: For every six children in the home, there must reside at least
one adult responsible for their care and supervision. A child with sufficient maturity
may be left temporarily without direct supervision, at the adult's discretion.
An exemption from compliance with this regulation may be granted when seven or
more children are in care in a licensed foster home and -
1. A foster parent dies, placing the surviving spouse out of compliance with
the regulation at 474 NAC 6-003.26A1;
2. The foster parents divorce; or
3. A foster parent is absent from the household for an extended period of
time due to -
a. Active military duty; or
b. Illness.
An exemption may be granted only to allow for the continued placement of children
who were placed in the foster home before the death or absence of the foster
parent.
6-003.27 Care: The licensee shall -
1. Provide instruction to foster children regarding routine health and hygiene practices
such as bathing, and proper sleep and eating habits; and
2. Provide for emergency medical treatment.
6-003.35 Environmental Requirements:
6-003.35A Facilities: To be licensed, all foster homes must have -
1. Rooms which are clean, dry, well-ventilated, in good repair, and easily
cleanable;
2. At least 35 square feet per individual excluding bedrooms, bathroom(s), and
kitchen;
3. Facilities for bathing and toileting; and
4. Bedrooms with at least 35 square feet for each child occupying them.
6-003.35B Bedrooms: The licensee shall ensure that -
1. Rooms primarily used for other purposes are not used as a bedroom for foster
children;
2. All bedrooms are accessible directly without having to go through another
bedroom;
3. Children are provided with a bed, bedding, and a place to store their
belongings; and
4. Separate bedrooms are provided for children of opposite sexes, when required
by the placing agency.
OUR HOUSE RESIDENTIAL AND CONSULTING SERVICES INC
25 BETZ LANE
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LICENSING PROCESS FOR GROUP HOME SERVICES
2007 Nebraska Department of Health & Human Services
301 Centennial Mall South, Lincoln, Nebraska 68509 (402) 471-3121
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I Also Perform, ♥Binding Love Spells That Last♥ Reuniting Loved Ones♥
