Child care licensure requirement added to foster care bill

A bill intended to remove obstacles to foster care placement was returned to select file for an amendment May 10.

Currently, all foster homes in Nebraska must be licensed. LB265, introduced by Lincoln Sen. Colby Coash, would exempt kinship and relative homes from the licensure requirement.

A kinship home is defined in the bill as one in which a primary caretaker previously has lived with or has a pre-existing, significant relationship with the child being placed. Approval is required prior to placement in a nonlicensed relative or kinship home.

Under the bill, kinship and relative homes would be subject to criminal background checks of all adult residents and a home visit to ensure adequate housing. In addition, the bill would allow the state Department of Health and Human Services (DHHS) to issue a waiver for any nonsafety licensing standard for a kinship or relative home seeking licensure.

Omaha Sen. Tanya Cook filed a motion to suspend the germaneness rule, which prevailed 41-0, to allow consideration of an amendment that would incorporate the provisions of her bill, LB443. Senators then voted 44-0 to return the bill to select file to consider the amendment.

The amendment would require a residential child care agency or placement agency to obtain licensure from DHHS before opening.

An applicant could apply for a provisional license, valid for up to one year, if they substantially comply with requirements for licensure.

The amendment also establishes a process for determining noncompliance and grievance procedures with regard to licensure. The department could impose various types of punishment including fines, probation, restrictions on new admission, suspension or revocation of a license.

Senators voted 43-0 to adopt the amendment and re-advanced the bill to final reading on a voice vote.