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Nebraska Day Care Centers / Child Care Centers – What Rules Apply to Discipline? What Disciplinary Measures Are Prohibited Under Nebraska Law?

By David Wolf, Attorney
Published by Child Injury Lawyer Network


Nebraska day care centers / child care centers must follow the rules and regulations located at Nebraska Department of Health and Human Service – Title 391 Nebraska Administrative Code- Child Care Licensing – Chapter 8 – Child Care Centers.

Section 8-012 covers disciplinary matters. Unfortunately, many children in Nebraska day centers are abused and neglected or suffered personal injuries as a result of negligence. Section 8-012 states that the center shall make sure that no child is left alone. Furthermore, no child shall be punched, shaken, pinched, struck with any object, bitten or spanked by staff members. Proper discipline would be a brief separation from the group. Staff members at Nebraska day care centers are prohibited from disciplining children by denying food, forcing naps, or using derogatory words or remarks. A child should not be punished for a toilet training accident or refusing to take medications. In Nebraska day care centers, the child’s physical and psychological well being are both important and staff members should take every reasonable effort to make sure that the children are properly supervised and protected while in the center.
These rules and regulations cover the following: administration, staff records, staff qualifications, in service requirements, staffing, staff ratio requirements, meals and snacks, discipline, materials and equipment, outdoor play areas / playgrounds, infant care, child health, written permission and instructions, parental responsibility, transportation, and other matters. It is important for Nebraska child care and day care centers to follow these rules and regulations. Many of these rules and regulations help promote the health, safety and welfare of children in Nebraska day care centers. When a child is hurt or injured as a result of day care negligence, a review of the rules and regulations will typically show that one or more of these regulations were not followed. Parents and caregivers in Nebraska should read these rules and regulations to make sure that their children’s day care facility is properly following the law and properly supervising the children. When children are negligently unsupervised or inappropriately disciplined, injuries result that would have and could have been avoided.

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