§ 71-1903 — Foster care; investigation by department; State Fire Marshal; fee; criminal history record information check

Nebraska § 71-1903

• Jurisdiction: Nebraska
• Ch. 71: Public Health and Welfare

Text

(1) Before issuance of a license
under sections 71-1901 to 71-1906.01 , the department shall cause such investigation
to be made as it deems necessary to determine if the character of the applicant,
any member of the applicant's household, or the person in charge of the service
and the place where the foster care is to be furnished are such as to ensure
the proper care and treatment of children. The department may request the
State Fire Marshal to inspect such places for fire safety pursuant to section 81-502 . The State Fire Marshal shall assess a fee for such inspection pursuant
to section 81-505.01 , payable by the licensee or applicant for a license,
except that the department may pay the fee for inspection for fire safety
of homes where foster care is provided. The
department may conduct sanitation and health standards investigations pursuant
to subsection (2) of this section. The department may also, at any time it
sees fit, cause an inspection to be made of the place where any licensee is
furnishing foster care to see that such service is being properly conducted.
(2) The department shall make an investigation and report
of all licensed foster
care providers subject to this section or applicants for
licenses to provide such care to determine if standards of health and sanitation set by the department
for the care and protection of the child or children who may be placed in foster family homes are being met. The
department may delegate the investigation authority to qualified local environmental
health personnel.
(3) Before the foster care placement of any child in Nebraska
by the department, the department shall require a national criminal history
record information check of the prospective foster parent of such child and
each member of such prospective foster parent's household who is eighteen
years of age or older. The department shall provide two sets of legible fingerprints
for such persons to the Nebraska State Patrol for submission to the Federal
Bureau of Investigation. The Nebraska State Patrol shall conduct a criminal
history record information check of such persons and shall submit such fingerprints
to the Federal Bureau of Investigation for a national criminal history record
information check. The criminal history record information check shall include
information from federal repositories of such information and repositories
of such information in other states if authorized by federal law. The Nebraska
State Patrol shall issue a report of the results of such criminal history
record information check to the department. The department shall pay a fee
to the Nebraska State Patrol for conducting such check. Information received
from the criminal history record information check required under this subsection
shall be used solely for the purpose of evaluating and confirming information
provided by such persons for providing foster care or for the finalization
of an adoption. A child may be placed in foster care by the department prior
to the completion of a criminal history record information check under this
subsection in emergency situations as determined by the department.

Legislative History

Source: Laws 1943, c. 154, § 3, p. 564; R.S.1943, § 71-1903; Laws 1945, c. 171, § 3, p. 549; Laws 1961, c. 415, § 27, p. 1259; Laws 1967, c. 446, § 2, p. 1388; Laws 1983, LB 498, § 2; Laws 1985, LB 447, § 37; Laws 1987, LB 386, § 3; Laws 1988, LB 930, § 2; Laws 1991, LB 836, § 28; Laws 1995, LB 401, § 26; Laws 1995, LB 451, § 3; Laws 1996, LB 1044, § 584; Laws 1997, LB 307, § 172; Laws 1997, LB 622, § 101; Laws 2001, LB 209, § 21; Laws 2002, LB 93, § 9; Laws 2004, LB 1005, § 66; Laws 2007, LB296, § 497; Laws 2013, LB265, § 42.