391 Neb. Admin. Code, ch. 8, § 004

Current through September 17, 2024

Section 391-8-004 - GENERAL REQUIREMENTS

The following requirements apply to ail licensees.

004.01EFFECTIVE DATE AND TERM OF LICENSE. A child-placing agency license will expire on September 30 of each calendar year.

004.02LICENSE NOT TRANSFERABLE. A license is issued only for the premises and person(s) named in the application and is not transferable or assignable.

004.03ALTERNATIVE COMPLIANCE. To be considered for approval of a time-limited alternative compliance with a regulation, the proposed alternative must be consistent with the overall intent and purpose of the regulation and protect the health, rights, safety, and well-being of all children in care.

004.03(A)TERMS OF ALTERNATIVE COMPLIANCE. An alternative compliance may be granted:

(i) To permit the applicant or licensee time to come into compliance; and

(ii) For a period of time as determined by the Department.

004.03(B)WRITTEN REQUEST. A written request for alternative compliance must be submitted to the Department and include the following information:

(i) The regulation for which alternative compliance is being requested;

(ii) The reason for the alternative compliance request;

(iii) A description of how the alternative will meet the intent of the regulation; and

(iv) How the alternative will offer equivalent protection for all children,

004.03(C)REQUIREMENTS NOT QUALIFYING FOR ALTERNATIVE COMPLIANCE. Alternative compliance will not be granted for the following requirements:

(i) Criminal history or background checks;

(ii) Staff qualifications; and

(iii) Any regulation for which a disciplinary action has been initiated or completed.

004.04NOTIFICATION OF CHANGES. An amendment to the application must be submitted in writing to the Department:

(A) At least 60 working days before the planned effective date for a change in or addition of;

(i) Location; or

(ii) Services the agency provides.

(B) Within five working days of a change in executive director.

004.05CONFLICT OF INTEREST. The licensee must ensure there is no conflict of interest when deciding whether or not to perform a home study, place a child, or supervise the placement of a child with its own staff member, board member, or family member of a staff member, or board member for either foster care or possible adoption.

391 Neb. Admin. Code, ch. 8, § 004

Adopted effective 3/22/2021