Child care licensure and kinship foster care changes approved

Senators passed a bill May 21 intended to remove obstacles to foster care placement.

LB265, introduced by Lincoln Sen. Colby Coash, exempts kinship and relative homes from the state’s foster home 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 will be subject to criminal background checks of all adult residents and a home visit to ensure adequate housing. In addition, the bill allows 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.

The bill also includes provisions of LB443, originally introduced by Omaha Sen. Tanya Cook, which requires a residential child care agency or placement agency to obtain licensure from DHHS before opening.

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

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

LB265 passed on a 48–0 vote and takes effect immediately