2006 Nebraska Revised Statutes - § 71-1903 — Foster care; investigation by department; State Fire Marshal; fee; criminal history record information check.

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

(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 foster family homes as defined in section 71-1902. The department may request the Department of Health and Human Services Regulation and Licensure to conduct sanitation and health standards investigations pursuant to subsection (2) of this section. The Department of Health and Human Services 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 of Health and Human Services Regulation and Licensure shall make an investigation and report to the Department of Health and Human Services, within thirty days after receipt of the request from the Department of Health and Human Services, of all facilities and programs of licensed providers of foster care programs subject to this section or applicants for licenses to provide such programs to determine if the place or places to be covered by such licenses meet standards of health and sanitation set by the Department of Health and Human Services for the care and protection of the child or children who may be placed in such facilities and programs. The Department of Health and Human Services Regulation and Licensure 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 of Health and Human Services on and after July 16, 2004, 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.

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

~Revised Statutes Cumulative Supplement, 2006