Nebraska § 71-1938 Emergency; department; powers; order;
contents; hearing; order; petition for injunction; other enforcement measures

Nebraska Statutes

§ 71-1938 — Emergency; department; powers; order; contents; hearing; order; petition for injunction; other enforcement measures

Nebraska·Ch. 71 Public Health and Welfare

(1)Whenever the department finds that an emergency exists requiring immediate action to protect the health, safety, or welfare of a child in a residential child-caring agency or child-placing agency, the department may, without notice or hearing, issue an order declaring the existence of such an emergency and requiring that such action be taken as the department deems necessary to meet the emergency. The order may include an immediate prohibition on the care or placement of children by the licensee. An order under this subsection shall be effective immediately. Any person to whom the order is directed shall comply immediately, and upon application to the department, the person shall be afforded a hearing as soon as possible and not later than ten days after his or her application for the

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(1) Whenever the
department finds that an emergency exists requiring immediate action to protect
the health, safety, or welfare of a child in a residential child-caring agency
or child-placing agency, the department may, without notice or hearing, issue
an order declaring the existence of such an emergency and requiring that such
action be taken as the department deems necessary to meet the emergency. The
order may include an immediate prohibition on the care or placement of children
by the licensee. An order under this subsection shall be effective immediately.
Any person to whom the order is directed shall comply immediately, and upon
application to the department, the person shall be afforded a hearing as soon
as possible and not later than ten days after his or her application for the
hearing. On the basis of such hearing, the department shall continue to enforce
such order or rescind or modify it.
(2) A copy of
the order shall also be mailed to the holder of the license if the holder
is not actually involved in the daily operation of the residential child-caring
agency or child-placing agency. If the holder of the license is a corporation,
a copy of the order shall be sent to the corporation's registered agent.
(3) The department
may petition the appropriate district court for an injunction whenever there
is the belief that any person is violating the Children's Residential Facilities
and Placing Licensure Act, an order issued under the act, or any rule or regulation
adopted and promulgated under the act. It shall be the duty of each county
attorney or the Attorney General to whom the department reports a violation
to cause appropriate proceedings to be instituted without delay to ensure
compliance with the act, rules, regulations, and orders. In charging any defendant
in a complaint in such action, it shall be sufficient to charge that such
defendant did, upon a certain day and in a certain county, establish, operate,
or maintain a residential child-caring agency or a child-placing agency without
obtaining a license to do so, without alleging any further or more particular
facts concerning the charge.

Nebraska § 71-1938 (Emergency; department; powers; order; contents; hearing; order; petition for injunction; other enforcement measures) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.