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Event Details

Public Hearing Department of Health & Human Services : LEGAL SERVICES

Date of Activity
Wednesday, 10/21/2020
Time of Activity
10:00 AM
State Office Building, Lower Level Conf. Room A 301 Centennial Mall South, Lincoln, NE
  Location accessible to handicapped
Phone call information: 888-820-1398; Participant code: 3213662# The purpose of this hearing is to receive comments on the adoption of amendments to and repeal of the following regulations in Title 391 Chapters 1 and 2 of the Nebraska Administrative Code (NAC) – Family Child Care Homes I & II. The chapters govern the licensing of family child care homes to provide for the health, safety, and welfare of children by an individual or entity in absence of a parental caregiver. The proposed changes will streamline the regulations by combining the current chapters 1 and 2 into one chapter and by removing all duplicative statutory language from the regulations. The proposed changes will also add the requirement of fingerprint-based criminal history background checks for licensees and primary providers; identify background checks individuals must clear before owning or being employed at a family child care home; requires applicants for a license to complete a Health Information Report; set forth the pre-service training requirements before obtaining a license or becoming a staff member in a family care home; prohibit the use of physical restraint as an intervention unless the licensee, primary provider, or staff performing the restraint have been completed department-approved training; add requirement for written consent for photographing the child and sharing on social media to be kept in the child’s file; prohibit the use of electronic smoking in a family child care home; require all pets present in family child care homes to complete all vaccinations recommended by a licensed veterinarian. Authority for these regulations is found in Neb. Rev. Stat. § 81-3117(7). Due to the current public health crisis, the agency will enforce any Directed Health Measure Order on the size of gatherings that is in effect at the time of the hearing. In order to encourage participation in this public hearing, a phone conference line will be set up for any member of the public to call in and provide oral comments. Interested persons may provide verbal comments by participating via phone conference line by calling 888-820-1398; Participant code: 3213662#. Interested persons may provide written comments by mail, fax, or email, no later than the day of the hearing to: DHHS Legal Services, PO Box 95026, Lincoln, NE 68509-5026, (402) 742-2382 or, respectively. A copy of the proposed changes is available online at, or by contacting DHHS at the mailing address or email above, or by phone at (402) 471-8417. The fiscal impact statement for these proposed changes may be obtained at the office of the Secretary of State, Regulations Division, 1201 N Street, Suite 120, Lincoln, NE 68508, or by calling (402) 471-2385. Auxiliary aids or reasonable accommodations needed to participate in a hearing can be requested by calling (402) 471-8223. Individuals with hearing impairments may call DHHS at (402) 471-9570 (voice and TDD) or the Nebraska Relay System at 711 or (800) 833-7352 TDD at least 2 weeks prior to the hearing.
Marge Respeliers Paralegal I
DHHS Legal Services
Health & Human Services System
(402) 471-8417
(402) 742-2382
(402) 471-9570

Last Updated: Tuesday, 08/18/2020