Nebraska § 71-1919 License denial;
disciplinary action; grounds

Nebraska Statutes

§ 71-1919 — License denial; disciplinary action; grounds

Nebraska § 71-1919

Ch. 71Public Health and Welfare

This text of Nebraska § 71-1919 (License denial; disciplinary action; grounds) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 71-1919 (2026).

Text

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 i

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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.

Legislative History

Source: Laws 2004, LB 1005, § 82; Laws 2007, LB296, § 505; Laws 2013, LB507, § 16. Cross References: Medication Aide Act, see section 71-6718. Step Up to Quality Child Care Act, see section 71-1952. Annotations: 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).