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Home Daycare License Requirements in Nebraska (2026)

Opening a home daycare in Nebraska means getting a family child care home license from the Nebraska Department of Health and Human Services (DHHS). Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.

Who needs a license — home types in Nebraska

FAMILY CHILD CARE HOME I - the definition, verbatim, from 391 NAC 1-002: "Family Child Care Home I means a child care program in the licensee's residence which is licensed to serve at least four but not more than eight children, except that a licensee may be approved to serve up to two additional school-age children during non-school hours if no more than two of the other children in care are under 18 months of age." The scope provision 1-001.01 repeats the same sentence. Read it slowly, because the clause after "except" is the single most-mangled fact about Nebraska home child care, and the prior entry mangled it (see capacity_max and verify_flag). Three separate elements are doing work: (a) the program is IN THE LICENSEE'S RESIDENCE - not merely a home, the licensee's own home, which is why 1-003.01A(13) demands "Documentation that the applicant resides at the address on the application for licensure"; (b) the floor is FOUR, not one - a Home I is "licensed to serve at least four" children, which lines up with Neb. Rev. Stat. Sec. 71-1911's four-or-more licensure trigger and means the license class simply does not exist below four; and (c) the ceiling is eight PLUS a conditional two.

FAMILY CHILD CARE HOME II - the definition, verbatim, from 391 NAC 2-002: "Family Child Care Home II means a child care program in the licensee's residence or another location which is licensed to serve at least four but not more than 12 children." The scope provision 2-001.01 says: "These regulations apply to Family Child Care Home II's, which are licensed to provide a child care program for at least four, but not more than 12 children. An FCCH-II may be located in the licensee's residence or another location." Note what is NOT in the Home II definition: there is no "except that" clause. Home II's number is a flat 12. WHY THE TWO CLASSES ARE NOT JUST "SMALL" AND "BIG". The instinct is to read Home I as a small home and Home II as a big home. That is the least important difference. The differences that actually change how a provider operates are these, and every one of them is on the face of the two chapters: (1) LOCATION. Home I: licensee's residence only. Home II: "the licensee's residence or another location" (2-002, 2-001.01). A Home II can be a storefront, a church basement or a rented unit; a Home I cannot. (2) WHO RUNS IT DAY TO DAY.

Chapter 1 has no concept of a "primary provider" separate from the licensee - 1-006.01(4) simply requires the licensee to "Be responsible for the day-to-day operation of the child care program." Chapter 2 splits the roles: 2-002 defines "Primary provider means the licensee or a staff member designated by the licensee who is responsible for the daily operation of the child care program," and 2-006.03A opens "The licensee may serve as the primary provider," then sets the primary provider's own qualifications: at least 19, good moral character, no history of behaviour injurious to children, "Be on the child care premises a sufficient number of hours to permit adequate attention to the management of the Family Child Care Home II," and "Read, understand, and be familiar with these regulations." So a Home II may be owned by someone who is not the person in the room; a Home I may not. Chapter 2's definition of "Substitute" also reflects this: "an individual age 16 or older who provides care in the absence of the primary provider or secondary provider" (2-002), where Chapter 1's version is just "in the absence of the primary provider" (1-002). (3) HOUSEHOLD MEMBERS.

Chapter 1 treats household members unconditionally (1-006.03C). Chapter 2 conditions every household member obligation on the home being a private residence - 2-006.03D opens "If the child care home is a private residence, the licensee must ..." and 2-006.02A applies the criminal history check to "each household member age 19 or older if the child care home is a private residence." (4) THE INSPECTION SEQUENCE - the difference most likely to surprise an applicant. Home I: the license is issued FIRST and the inspection follows. 391 NAC 1-005.01: "The Department will conduct an unannounced inspection within 60 days of the issuance of a provisional, operating, or amended FCCH-I license." And 1-004.02: "A provisional FCCH-I license will be marked 'Inspection Pending' until the Department conducts the 60-day inspection of the home." Home II: the inspection comes FIRST and it is scheduled, not unannounced. 391 NAC 2-005.01: the Department will "Schedule the date and time of the inspection visit with the applicant and/or the applicant's designee" and "Conduct an on-site inspection to determine compliance with licensing regulations within 30 days of receipt of a completed application for a provisional license."

The provisional-to-operating inspection for Home II is the reverse - 2-005.02: "Conduct an unannounced on-site inspection" within 30 days of receipt of a completed operating application. Chapter 1 has no scheduled pre-license inspection at all. (5) WHAT GOES IN THE APPLICATION PACKET. Home I's provisional list (1-003.01A) has thirteen items and includes "A completed Rules Compliance Checklist" (item 12) and residence documentation (item 13). Home II's provisional list (2-003.01A) has eleven items and includes neither. Home I's operating list (1-003.02A) has eight items including "A completed Rules Compliance Checklist" and "A Fire Inspection Approval issued by the appropriate fire marshal's office." Home II's operating list (2-003.02A) has five items and includes neither a checklist nor a fire approval. (6) CHANGE-OF-PREMISES AND AMENDMENT TIMING. Chapter 1's rule is qualitative: 1-004.04A requires an Amendment to Application and Department approval "Before the change goes into effect" for building/building usage, ages served, hours or days, address or location, and staff/volunteers/household members; 1-004.04B gives two working days AFTER for a licensee name change or a change in household members age 12 or younger.

Chapter 2 puts hard clocks on it: 2-004.05A - "at least 90 working days before" for a change in location or in building/building usage; 2-004.05B - "at least five working days before" for days of the week, hours of the day, ages served, and household members age 13 or older if in a private residence; 2-004.05C - "within two working days" of a licensee name change or a change in household members age 12 or younger. Ninety WORKING days is roughly four and a half calendar months; a Home II that plans to move needs to start the paperwork before it signs a lease. Chapter 2 also carries a stand-alone premises rule, 2-004.03, requiring the licensee to submit an application for the same license type ninety days before occupancy, with a sketch/diagram, "A fire inspection approval issued by the State Fire Marshal or delegated authority," zoning approval and the planned occupancy date, and providing that "The new premises cannot be used for a child care program until a license has been issued" and that the old license "will become null and void when a license for the new premises is issued." (7) CHANGE OF OWNERSHIP.

Chapter 2 has an express change-of-ownership regime (2-003.03: "Child care licenses are not transferable or assignable. A change of ownership terminates the license. The new owner must apply for a license," with relief in 2-003.03B so that criminal history checks, Reports of Law Enforcement Contact and Health Information Reports are "required only for new employees," and a sketch is required "only when the new owner changes the use of the facility"), plus a mergers provision at 2-003.03C. Chapter 1 has no change-of-ownership section; it has only the flat statement at 1-004.01 that "A Family Child Care Home I license is not transferable or assignable and is only valid at the address printed on the license." That asymmetry follows from the business reality: a Home I is inseparable from the person whose house it is. WHAT IS THE SAME IN BOTH. Do not over-differentiate. The definitions of "Adequate and appropriate supervision," the four age bands, "Own children," "Fence," "Locked storage," "Overnight care," "Proper hand washing," "Room," "Special needs," "Staff," "Volunteer," "Swimming pool" and "Wading pool" are shared.

The physical plant standards are identical in substance (35 square feet indoors, 50 outdoors, two unblocked exits per floor, the same fencing triggers, the same water and sewer rules). The discipline rules, medication rules, food service and food safety rules, transportation rules, emergency preparedness rules and the denial/disciplinary regime are effectively duplicated. The fee is the same: "$25" initial and annual (1-004.06(1), 2-004.07(1)). WHAT NEBRASKA DOES NOT HAVE. There is no "group child care home" class, no "large family child care home" class, and no registration-only or certification-only tier for legally exempt care within Title 391 Chapters 1 and 2. Above 12 children a provider is in Chapter 3, Child Care Centers, which is a different rule set entirely. And there is no voluntary-registration middle ground: 1-001.02 and 2-001.02 say the exempt categories "are exempt from mandatory licensure, but may be voluntarily licensed" - the only option below the threshold is a full license, voluntarily taken.

How many children you can care for in Nebraska

THE HEADLINE NUMBERS, AND THE CORRECTION. Family Child Care Home I: EIGHT children, and up to TEN when two of them are school-age children in care during non-school hours and no more than two of the other children in care are under 18 months. Family Child Care Home II: TWELVE children, flat, with no add-on clause. THE PRIOR ENTRY WAS WRONG ON THE MOST IMPORTANT NUMBER IN THIS FILE.

It stated, in terms: "Note: earlier drafts claiming FCCH I may reach 10 with additional school-age children are NOT supported by current DHHS guidance, which repeatedly caps FCCH I at 8." The regulation says the opposite, in four places, and each of them is quoted here so the point cannot be argued. (1) 391 NAC 1-001.01 (scope): Home I programs are "licensed to provide a child care program in the licensee's residence to at least four but not more than eight children, except that a licensee may be approved to serve up to two additional school-age children during non-school hours if no more than two of the other children in care are under 18 months of age." (2) 391 NAC 1-002 (definition of Family Child Care Home I): identical sentence. (3) 391 NAC 1-006.08A (licensed capacity): "The maximum licensed capacity for a Family Child Care Home I is eight children, except that a licensee may be approved to serve up to two additional school-age children during non-school hours, if no more than two of the other children in care are under 18 months of age." (4) 391 NAC 1-006.08B(2) (the mixed-age ratio table) prints a row for "9-10" children served by one staff member, annotated "(9th and 10th children must be school-age)," and 1-006.08B(2)(b) repeats: "Programs may provide care for up to two additional school-age children during non-school hours if no more than two of the other children in care are under 18 months of age." A ratio table would not contain a 9-10 row if the ceiling were eight.

The correct statement is therefore: the Home I BASE capacity is 8; the Home I MAXIMUM capacity is 10, conditioned on (a) the 9th and 10th children being school-age, (b) their attendance being during non-school hours, (c) no more than two of the OTHER children in care being under 18 months of age, and (d) the licensee having been "approved" for it - the rule says "may be approved to serve," so it is a licensing decision, not a self-help expansion. Note also the interaction: 1-006.08B(3) allows one staff member to serve "1-10" children if the program is school-age only, so a Home I running purely school-age care can reach ten with a single adult without invoking the "additional" clause at all. CAPACITY IS NOT A NUMBER YOU CHOOSE. Both chapters make licensed capacity a derived figure. 391 NAC 1-006.08A: "The number of children in care at any one time must not exceed the licensed capacity. Licensed capacity will be determined by the Department based on available space and the capacity authorized by the State Fire Marshal or delegated authority. Whichever number is smaller will be the licensed capacity of the child care home." 391 NAC 2-006.08A says the same and then: "The maximum licensed capacity for a Family Child Care Home II is 12 children."

So the regulatory ceilings (8/10 and 12) are caps on a number that is independently limited by two other things: the indoor activity space rule of 35 square feet per child (1-007.01(3): "Have at least 35 square feet of activity space per child. Rooms not used for child care do not count in the square footage total."; identical at 2-007.01) and the Fire Marshal's authorised capacity. A provider with a small licensed footprint will be licensed below eight and there is no appeal to the regulation's headline number. WHO COUNTS - THE EXCLUSION LIST, AND A REAL DISCREPANCY BETWEEN THE TWO CHAPTERS. 391 NAC 1-006.08A: "In determining whether the licensed capacity has been exceeded, any adults receiving care and supervision and all children at the program are counted, except: 1. Children who leave the child care home for an activity and will not be returning that day; 2. Children enrolled in the program and in attendance at school; and 3. Own children age eight or older unless the licensee is receiving compensation directly or indirectly for his/her own children age eight or older." 391 NAC 2-006.08A: same structure, but item 3 reads "Own children OVER age eight unless the licensee is receiving compensation directly or indirectly for own children over age eight."

Read those two side by side. In a Home I, an own child who IS eight is excluded ("age eight or older"). In a Home II, an own child who IS eight is NOT excluded, because the exclusion begins "over age eight." That is a one-child difference in a twelve-child home on a specific birthday, and it is a genuine textual divergence between the two chapters, not a paraphrase artefact - I read both sentences in the chapter PDFs and the divergence survives in the current Nebraska Administrative Code text reproduced by Cornell LII. Providers and inspectors should not assume the chapters match here. "OWN CHILDREN" IS BROADER THAN PEOPLE EXPECT. 391 NAC 1-002 and 2-002, identically: "Own children means biological, adoptive, and foster children, stepchildren, and grandchildren." So a grandmother running a Home I counts her grandchildren the same way she counts her own toddlers. The prior entry stated this correctly and it is confirmed. The practical consequence, spelled out: own children/grandchildren UNDER eight always count against capacity (they are not on the exclusion list at all); own children/grandchildren at or above the chapter's threshold count ONLY if the licensee is compensated for them "directly or indirectly" - which includes Child Care Subsidy payments, since "indirectly" is the operative word.

Note that this cuts against the licensure exemption in 1-001.02(10) for "Care provided by grandparents to only their grandchildren": that exemption is about whether you need a license at all; the "own children" rule is about counting once you have one. ALSO COUNTED: "any adults receiving care and supervision." Both chapters count adults in care against the child capacity - a provider who also supervises an adult with disabilities in the same home is spending capacity on that adult. NOT COUNTED WHILE ABSENT: children enrolled but at school, and children who have left for an off-site activity and will not return that day. The wording differs trivially between chapters ("Children who leave" in 1-006.08A, "Children who have left" in 2-006.08A) with no substantive effect. THERE IS NO WAY TO BUY AN EXCEPTION. This is where the prior entry reached the right conclusion from the wrong source. It attributed "there are NO exceptions to the staff-to-child ratio" to a DHHS Q&A. The rule itself is stronger and is citable: 391 NAC 1-004.03D, "Requirements Not Qualifying for Alternative Compliance: Alternative compliance will not be granted for the following requirements: 1. Capacity/Ratio; 2. Transportation; 3. Supervision; 4. Fire safety; 5. Criminal history/background checks; 6. Licensee and staff; and 7. Any regulation for which a discipline has been initiated or completed."

The Home II twin is 2-004.04D with the same seven items. Alternative compliance is otherwise a real mechanism in Nebraska - 1-004.03A requires a written request stating "The regulation for which alternative compliance is being requested," the reasons, "A description of how the alternative will meet the intent of the regulation," and "How the alternative will offer equal protection for all children," with a decision "within 30 days of the Department's receipt of all appropriate information" (1-004.03E) - but it can never touch capacity or ratio. There is no multiple-birth exception, no sibling exception, no temporary-overage grace, and no waiver path of any kind for the numbers in this field. AND YOU CANNOT DRIVE AROUND IT. 391 NAC 1-006.19(11) prohibits transporting children "to avoid violations of capacity or staff-to-child ratio." That clause exists because the trick was tried. THE PENALTY SIDE. Exceeding capacity is a violation of the regulations and therefore a ground for denial or discipline under 1-008.01(1). The money is small but the structural sanctions are not: 1-008.02 lets the Department "Issue a probationary license"; "Suspend or revoke a provisional, probationary, or operating license"; "Impose a civil penalty of up to $5 per child, based upon the number of children for which the program is authorized to provide child care on the effective date of the finding of violation, for each day the program is in violation"; "Establish restrictions on new enrollment"; "Establish restrictions or other limitations on the number of children or the age of the children served"; or "Establish other restrictions or limitations on the type of service provided."

And 1-008.05: a licensee whose license is revoked "for any cause other than nonpayment of fees is not eligible to reapply for a license for two years," and must then reapply for a PROVISIONAL license.

Adult-to-child ratios

NEBRASKA'S RATIO RULES ARE TABLES, NOT FORMULAS, AND THE TABLES ARE DIFFERENT FOR EACH LICENSE CLASS. Both chapters open the same way - 391 NAC 1-006.08B and 2-006.08B: "The appropriate staff-to-child ratio must be met at all times, as follows." Then each chapter prints three tables: infants only, mixed ages, and school-age only. What follows is the complete content of all six tables plus the qualifying notes, transcribed from the chapter text. AGE BANDS FIRST, because every table depends on them. 391 NAC 1-002 and 2-002, identically: "Ages of children: 1. Infant means a child age 6 weeks to 18 months; 2. Toddler means a child age 18 months to 3 years; 3. Preschool-age means a child age 3 or older who has not attended kindergarten; and 4. School-age means a child who attends kindergarten or above." Three things to notice. The infant band starts at SIX WEEKS - there is no licensed care below six weeks in these bands. The infant band runs to 18 months, which is much wider than the twelve-month line used inside the ratio notes, so "infant" and "under 12 months" are two different tests that both appear in the same subsection.

And "school-age" is defined by school attendance ("attends kindergarten or above"), not by birthday - a five-year-old who has not started kindergarten is preschool-age. FAMILY CHILD CARE HOME I - 391 NAC 1-006.08B. (1) INFANTS ONLY. "If the program provides care to infants only, the following ratios apply:" 4 infants -> 1 staff; 5-8 infants -> 2 staff. The table stops at 8 because 8 is the Home I base capacity. (2) MIXED AGES. "If the program provides care to children of mixed ages, the following ratios apply:" 1-8 children -> 1 staff; 9-10 children -> 1 staff, with the printed annotation "(9th and 10th children must be school-age)." Then two lettered qualifiers: "a. Programs serving children of mixed ages of may provide care for up to three infants if no more than two of the infants are under 12 months of age. b. Programs may provide care for up to two additional school-age children during non-school hours if no more than two of the other children in care are under 18 months of age." (The stray "of" in qualifier (a) is in the published text; it is transcribed here as printed.) (3) SCHOOL-AGE ONLY. "If the program provides care to school-age children only, the following ratio applies:" 1-10 children -> 1 staff.

Read together, the Home I picture is: ONE adult can lawfully hold eight children of mixed ages, ten if the ninth and tenth are school-age in non-school hours and no more than two of the others are under 18 months, or ten straight if every child is school-age. A second adult is required only when the program is infant-only and has five or more infants. There is no rule in Chapter 1 that forces a second adult in a mixed-age group of any size up to ten. FAMILY CHILD CARE HOME II - 391 NAC 2-006.08B. (1) INFANTS ONLY. 4 infants -> 1 staff; 5-8 infants -> 2 staff; 9-12 infants -> 3 staff. (2) MIXED AGES. 1-10 children -> 1 staff; 11-12 children -> 2 staff. Qualifiers: "a. Programs serving children of mixed ages may provide care for up to three infants if no more than two of the infants are under 12 months of age. b. Programs serving ten children with one staff are limited to two infants and the ninth and tenth children must be school-age." (3) SCHOOL-AGE ONLY. 1-12 children -> 1 staff. That last line deserves emphasis because it is the most permissive ratio in either chapter: a single adult may supervise twelve school-age children in a Home II.

THE INFANT SUB-LIMITS ARE THE PART PEOPLE GET WRONG. In BOTH chapters the mixed-age infant cap is the same: at most THREE infants, and at most TWO of those three may be under 12 months. So the third infant must be between 12 and 18 months. The prior entry expressed this as "a single provider may serve at most 3 infants and at least one of the 3 must be 12 months or older (i.e., no more than 2 under 12 months)" - that is a correct restatement of 1-006.08B(2)(a), and it is confirmed. Where the prior entry went wrong is the Home II sentence: it asserted "FCCH II: two providers may care for a total of 6 infants when two of those infants are at least 12 months of age." No such rule appears in 2-006.08B. The chapter's infants-only table puts 5-8 infants with TWO staff and 9-12 infants with THREE staff. So two providers in an infant-only Home II may serve up to EIGHT infants, not six, and the "two of them at least 12 months" condition is nowhere in the infants-only table - the 12-month condition belongs to the MIXED-AGE qualifier, where it caps the under-12-month count at two out of a maximum of three infants.

Anyone repeating the six-infant claim should either produce the DHHS guidance it came from or drop it; it is not in the rule. The Home II qualifier (b) also adds something Chapter 1 states differently: "Programs serving ten children with one staff are limited to two infants and the ninth and tenth children must be school-age." So in a Home II, the moment one adult is holding ten children, the infant allowance drops from three to two. Chapter 1 achieves a similar effect through the "no more than two of the other children in care are under 18 months" condition attached to the 9th and 10th children, but the two chapters express it with different age lines (under 12 months vs under 18 months). Do not assume they are interchangeable. A FOURTH, SEPARATE RATIO TABLE THAT ALMOST NOBODY CITES. Both chapters impose a much tighter ratio during swimming. 391 NAC 1-006.18H(3) - applying when children in care use a pool on the premises - requires the licensee to "Maintain the following staff-to-child ratios": Infants 1 child -> 1 staff; Toddlers 2 -> 1; Preschoolers 4 -> 1; School-age 6 -> 1. One adult per infant in the water.

The same subsection also requires "a permit issued by the Department" for the on-premises pool, and if the water is over four feet deep "an individual who has satisfactorily completed a swimming water safety course must be on duty at all times children are at the pool." 1-006.18F applies the same water-safety-course requirement to off-premises pools over four feet. And 1-006.18A flatly bars certain water: "Children must not be allowed to use the following water sources for wading or swimming activities: 1. Natural bodies of water; 2. Hot tubs, spas, or saunas; 3. Livestock tanks; and 4. Decorative ponds." WHO COUNTS AS "STAFF" FOR RATIO PURPOSES. 391 NAC 1-002: "Staff means an individual who has been hired or approved by the licensee to work or substitute in the child care home and who counts in the staff-to-child ratio." And the mirror image: "Volunteer means an individual who assists in the care of children, who does not count in the staff-to-child ratio, and is not left alone with children other than his/her own at the child care home." So a volunteer can never be the second adult that a 5-infant infant-only program needs. "Substitute means an individual age 16 or older who provides care in the absence of the primary provider" (1-002; Chapter 2 adds "or secondary provider"), and substitutes are staff for ratio purposes - 1-006.03A says "Staff, including substitutes, must: 1. Be at least 16 years of age."

Sixteen is therefore the floor for anyone who counts in ratio, while the licensee must be 19 (1-006.01(1)). SUPERVISION IS A SEPARATE OBLIGATION FROM RATIO, AND IT IS THE ONE INSPECTORS CITE. 391 NAC 1-006.12: "Adequate and appropriate supervision must be provided to children at all times children are in attendance, including during outdoor play. Ultimate responsibility for supervision rests with the licensee." And the definition, 1-002: "Adequate and appropriate supervision means: 1. Knowing the whereabouts and being within sight or sound of all children at all times; 2. Being alert, attentive, and responsive to the needs of all children; and 3. Protecting or removing children from harm." "Sight or sound" - not sight AND sound. Outdoor play has its own graded rules at 1-006.12D: in a FENCED play area, "Children under the age of two must be accompanied and supervised"; children two or older "may play in a fenced area unaccompanied, but must be supervised at all times." In an UNFENCED area the line moves to four: "Children under the age of four must be accompanied and supervised"; children four or older "may be unaccompanied, but must be supervised at all times."

Fencing itself is mandatory only on hazard triggers - 1-007.04 lists them: "1. Drainage ditches; 2. Wells; 3. Holes; 4. Heavy machinery is used; 5. Railroad tracks; 6. Bodies of water, including decorative ponds; 7. Heavy street traffic; and 8. Other hazards" - and 1-002 defines a fence as "a continuous barrier, including a wall, that is at least 36 inches in height, flush with the ground, and without any gaps that would allow a child to exit the fenced area." NO WAIVERS. As set out under capacity_max, 1-004.03D and 2-004.04D both exclude "Capacity/Ratio" and "Supervision" from alternative compliance. The ratio tables are absolute.

Training you must complete before licensure

THE RULE'S PRE-SERVICE LIST HAS EXACTLY THREE ITEMS, AND THE PRIOR ENTRY LISTED A FOURTH THAT IS NOT IN THE RULE. 391 NAC 1-006.04A, verbatim: "Pre-Service Training: Before a provisional license will be issued, the applicant must complete the following: 1. Two-hour orientation training provided by the Department; 2. Cardiopulmonary Resuscitation (CPR) training; and 3. First Aid training." 391 NAC 2-006.04A is word for word identical for Family Child Care Home II. That is the whole pre-service requirement in the regulations: a two-hour Department orientation, CPR, and First Aid. THE CORRECTION. The prior entry said pre-service consisted of "(1) Family Child Care Home Orientation; (2) the 'Prepare to Care' Health and Safety Training; and (3) current Cardiopulmonary Resuscitation (CPR) and First Aid certification (391 NAC 1-006.04F)." Two problems. First, "Prepare to Care" does not appear anywhere in 391 NAC Chapter 1 or Chapter 2 - I searched both chapter texts. It may well be the name DHHS currently gives to a health-and-safety course delivered under the federal Child Care and Development Block Grant health-and-safety training mandate, but I could not open any DHHS page to confirm that on 2026-08-25, so it is not published here as a requirement; it is recorded in verify_flag.

Second, the citation was wrong: the pre-service list is 1-006.04A. 1-006.04F is the CPR/First Aid quality-and-maintenance provision, not the pre-service list. WHAT THE ORIENTATION ACTUALLY IS. The rule calls it "Two-hour orientation training provided by the Department" - so it is DHHS-delivered (or DHHS-arranged), it is two hours, and it is a precondition to ISSUANCE of the provisional licence, not merely to submission. The application list confirms the documentary form it takes: 1-003.01A(8) requires "Documentation of completed pre-service orientation training by the Department" in the provisional packet, alongside 1-003.01A(7), "Documentation of completed CPR/First Aid training (see 1-006.04F)." 2-003.01A(7) and (8) are identical. There is no pre-service coursework requirement beyond these, no credential requirement, no minimum education level, and - unlike several other states - no required experience. WHAT 1-006.04F ACTUALLY SAYS (it governs the quality and currency of the CPR/First Aid, and it has teeth): "Cardiopulmonary Resuscitation (CPR) and First Aid Training: 1. CPR training must be obtained from an entity that has been approved by the Nebraska Board of Emergency Medical Services.

The Department will provide the program with information about approved CPR courses. 2. The licensee must maintain current CPR and First Aid training as long as s/he is licensed. 3. The CPR card and documentation of First Aid training must be available upon request." Three operational consequences: the CPR provider must be on the Nebraska Board of Emergency Medical Services approved list (an online-only certificate from an unapproved vendor is not compliant); "maintain current" makes this a continuing obligation for the life of the licence, not a one-off; and the card must be physically producible at inspection. Note the asymmetry in the text - the Board-approval requirement is written for CPR specifically, and First Aid is described only as "First Aid training" with documentation.

THE LICENSEE'S OWN THRESHOLD QUALIFICATIONS, which function as pre-service requirements even though they sit in a different subsection. 391 NAC 1-006.01: "The Family Child Care Home I licensee must: 1. Be at least 19 years of age; 2. Be of good moral character; 3. Be a U.S. citizen or qualified alien lawfully present in the U.S.; 4. Be responsible for the day-to-day operation of the child care program; 5. Read, understand, and be familiar with these regulations; 6. Make license record information and inspection reports available for public review upon request; 7. Be in compliance with all regulations whenever any children are in care; 8. Assess his/her own ability and the ability of all staff to provide care for children with special needs while meeting the needs of other children enrolled; 9. Not engage in any other employment that interferes with the care of children; 10. During the hours of operation, not be under the influence or allow any staff, volunteer, or household member to be under the influence of alcohol, controlled substances that have not been lawfully prescribed, or any other type of substance that would affect their ability to care for children;

11. Allow parents access to their children at all times that children are in care; Denial of immediate and unrestricted access to the licensed premises by parents may be basis for disciplinary action against the license; 12. Allow access to the premises by an agent or employee of the Department ...; 13. Allow announced and unannounced inspections by state or local inspectors, investigators, or law enforcement officers ...; 14. Not knowingly allow any individual to be on the premises if s/he has been convicted of, admitted to, or there is substantial evidence of, crimes involving intentional bodily harm, crimes against children, crimes involving the illegal use of controlled substances, or crimes involving moral turpitude; 15. Not knowingly allow any individual who is a registered sex offender on the premises, except that a parent who is a registered sex offender may be allowed on the premises only to pick up and drop off his/her child; 16. Not engage in or have a history of behavior injurious to or which may endanger the health or morals of children; and 17. Immediately file a report with the Child Abuse-Neglect Hotline (1-800-6521999) and/or appropriate local law enforcement agency when s/he has reason to believe child abuse, neglect, or sexual abuse may be occurring in the family child care home, in the child's home, or elsewhere." (The hotline number is printed in the chapter with the digits run together as shown;

the Nebraska Child Abuse and Neglect Hotline is conventionally written 1-800-652-1999.) 2-006.01 is the same seventeen-item list for Home II, and Home II adds a separate primary-provider list at 2-006.03A.

STAFF AND VOLUNTEER THRESHOLDS. 1-006.03A: "Staff, including substitutes, must: 1. Be at least 16 years of age; 2. Be of good moral character; and 3. Not engage in or have a history of behavior injurious to or which may endanger the health or morals of children." 1-006.03B: "All volunteers must: 1. Be of good moral character; 2. Not engage in or have a history of behavior injurious to or which may endanger the health or morals of children; and 3. Never be left alone with children other than their own." There is NO minimum age for volunteers in either chapter - see background_check for the correction of the prior entry's "Volunteers must be at least 13" claim. Staff must also be documented as having read the rules: 1-006.05A(10) requires each staff record to contain "Documentation that the individual has read and understands these regulations." TIMING, PRACTICALLY. Because 1-006.04A says "Before a provisional license will be issued," and 1-003.01A requires the orientation and CPR/First Aid documentation IN the application packet, the sequence is: complete orientation and CPR/First Aid first, then file.

There is no provision anywhere in either chapter allowing a grace period to complete pre-service training after licensure, and pre-service training is not on the alternative-compliance exclusion list - but 1-004.03D does exclude "Licensee and staff" requirements from alternative compliance, which covers it.

Ongoing (annual) training

TWELVE CLOCK HOURS A YEAR, SIX FOR PART-TIMERS - AND THE TWO CHAPTERS NAME DIFFERENT PEOPLE. 391 NAC 1-006.04E (Home I), verbatim: "Annual Training: The licensee and each staff member, not including substitutes or volunteers, must obtain 12 clock hours of training annually. Staff who work 20 hours or less each week must complete six hours of training annually." 391 NAC 2-006.04E (Home II), verbatim: "The primary provider and each staff member, not including substitutes or volunteers, must obtain 12 clock hours of training annually. Staff who work 20 hours or less each week must complete six hours of training annually." The prior entry said "12 clock hours ... for the primary provider and each staff member" as a single rule for both classes; that is the Home II wording applied to Home I, where the duty falls on THE LICENSEE. In a Home I the licensee is always the person in the room, so the practical result is the same; in a Home II, where the primary provider may be "a staff member designated by the licensee" (2-002), the distinction is real. SUBSTITUTES AND VOLUNTEERS ARE EXCLUDED from the annual hours in both chapters ("not including substitutes or volunteers").

That is an exclusion from the TRAINING requirement only - substitutes still count in ratio (1-006.03A: "Staff, including substitutes") and still need background checks and records (1-006.05B). THE 20-HOUR LINE. "Staff who work 20 hours or less each week must complete six hours of training annually." Note it is 20 or LESS that triggers the six-hour tier; a person at exactly 20 hours a week is in the six-hour tier. Compare the Health Information Report threshold in 1-006.02F, which uses the opposite framing: staff "responsible for the care and supervision of children MORE THAN 20 hours per week" must complete the report within 30 days of hiring. Same number, opposite sides of it, different obligations. WHAT COUNTS. 1-006.04E1 lists the required subject matter: "Training must include but is not limited to the following topics: 1. Safe environments; 2. Healthy environments; 3. Learning environments; 4. Physical development; 5. Cognitive learning; 6. Communication; 7. Creative learning; 8. Self esteem; 9. Social development; 10. Guidance; 11. Family relationships; 12. Program management; and 13. Professionalism."

The same subsection sets out how independent study is counted, and the arithmetic is unusually specific: "Audio, video, and reading material specific to one or more of these training topics will count toward the annual training requirement only if an Independent Learning Summary is completed on a form provided by the Department. The actual length of audio and video material will be counted, and 50 pages of text will be considered equal to one clock hour of training." So reading counts at 50 pages per hour, and only with the Department's Independent Learning Summary form. The subsection then credits the life-safety certifications: "Two hours of CPR and one hour of first aid will be counted in the year that each is taken." That is three of the twelve hours in any year the provider renews CPR and First Aid. 1-006.04E2 adds the acceptable delivery formats: "Each clock hour spent participating in any of the following types of activities counts toward the annual training requirement: 1. Workshops and conferences; 2. College courses; 3. Non-credit course work; and 4. Adult education courses."

THE THREE RECURRING MANDATED TRAININGS, WHICH ALL COUNT INSIDE THE TWELVE HOURS. Each of the three subsections below ends with the identical sentence "This training counts toward the annual training requirement," so none of them is additive. (a) SAFETY TRAINING - 1-006.04B: "The licensee must complete training developed by the Early Childhood Training Center on Sudden Infant Death Syndrome (SIDS), safe sleep, shaken baby syndrome, and child abuse/neglect and reporting. Any proposed equivalent training must be approved by the Department. 1. In programs licensed on or after the operative date of these regulations, the licensee must complete the training within three years of the date of provisional licensure and every five years thereafter. 2. In programs licensed before the operative date of these regulations, the licensee must complete the training within three years of that operative date and every five years thereafter. 3. This training counts toward the annual training requirement." (2-006.04B assigns the same duty to "The primary provider.") (b) BUSINESS MANAGEMENT TRAINING - 1-006.04C: "The licensee must complete a business training module for family child care homes developed by the Early Childhood Training Center (ECTC).

Any proposed equivalent training must be approved by the Department. 1. In programs licensed on or after the operative date of these regulations, the licensee must complete the training within five years of the date of provisional licensure." It is a one-off, not a recurring cycle - there is no "and every X years thereafter" in this subsection. The prior entry named it "Getting Down to Business"; that trade name is not in the regulation, which says only "a business training module for family child care homes developed by the Early Childhood Training Center." See verify_flag. (c) NEBRASKA'S EARLY LEARNING GUIDELINES TRAINING - 1-006.04D: "The licensee must complete training in the seven domains of Nebraska's Early Childhood Learning Guidelines developed by the ECTC. Any proposed equivalent training must be approved by the Department. The domains are: Approaches to Learning, Creative Arts, Health and Physical Development, Language and Literacy Development, Mathematics, Science, and Social and Emotional Development. 1. In programs licensed on or after the operative date of these regulations, the licensee must complete training in one domain within four years of the date of provisional licensure and one domain annually thereafter."

So the schedule is: first domain by year four, then one more domain each year, until all seven are done - a roughly ten-year arc from provisional licensure. The prior entry described these as "one of seven 6-hour domains"; the six-hour figure is NOT in the regulation, which sets no hour value per domain. Recorded in verify_flag. PRORATION. The prior entry stated that "training may be prorated if licensed/employed less than a year." I did not find a proration sentence in 391 NAC 1-006.04E or 2-006.04E, and neither chapter's training section contains the word "prorate" in the text I read. It may be DHHS practice or may live in a form's instructions I could not open. It is NOT published as a rule here; see verify_flag. DOCUMENTATION AND WHERE IT IS CHECKED. 1-006.04 opens: "Training must be completed as follows. Documentation of the completion of all training must be available on the premises for the Department to review. Acceptable documentation includes certificates issued by trainers and documentation of independent study." "On the premises" - not retrievable on request from a cloud folder.

Staff records must include "Documentation of training" (1-006.05A(9)). And the training year is audited at a specific moment: the operating-license application requires "Documentation of annual training hours completed during the provisional year" (1-003.01A's counterpart, 1-003.02A(5); identical at 2-003.02A(4)). A provider who skips training in the provisional year cannot convert to an operating licence. WHO PROVIDES THE TRAINING. The Early Childhood Training Center is defined at 1-002 as "the entity authorized in Neb. Rev. Stat. Sec. 79-1102 and established within the Nebraska Department of Education. Its purpose is to train individuals who provide education and development activities for infants and young children and their parents." Equivalents are possible for all three mandated trainings but only with Department approval ("Any proposed equivalent training must be approved by the Department" - 1-006.04B, 1-006.04C, 1-006.04D).

Background checks

NEBRASKA HAS TWO OVERLAPPING BACKGROUND-CHECK REGIMES, AND THEY DISAGREE ON THE AGE THRESHOLD. This is the single most important thing to understand about Nebraska child care background checks, and the prior entry papered over it by declaring the regulation "superseded." Both regimes are on the books; both are enforced; they use different ages and different check types. REGIME 1 - THE STATUTE AND THE FINGERPRINT PROCESS. Neb. Rev. Stat. Sec. 71-1912 requires fingerprint-based national criminal history record information checks. Read on codes.findlaw.com on 2026-08-25 (currency stamp "Current as of January 01, 2024"), the section provides that a child care staff member shall submit a complete set of his or her fingerprints to the Nebraska State Patrol, which transmits them to the Federal Bureau of Investigation for a national criminal history record information check; that "A child care staff member shall be required to undergo a national criminal history record information check not less than once during each five-year period"; that the individual must also be searched against the National Crime Information Center's National Sex Offender Registry and against state criminal registries, sex offender registries and child abuse and neglect registries in the state(s) of residence and employment; and that an individual is ineligible if they refuse consent, make a materially false statement, are "registered, or required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry," or have "been convicted of a crime of violence, a crime of moral turpitude, or a crime of dishonesty."

The statute's own definition of "child care staff member" reaches an individual who is not related to all children served, who works for compensation, who has unsupervised access to children, OR who resides in a family child care home and is 18 years of age or older. The statute also requires providers to retain eligibility documentation "for at least one hundred eighty days after the last day of employment," and separately requires unannounced inspections "at least annually for a program licensed to provide child care for fewer than thirty children" - which is every family child care home in the state. The agency's OWN CURRENT FORM states the threshold in plain words, and I read this form directly. Form PH-20, "Child Care Fingerprint Criminal History Check Application," revision stamp "PH-20 5/2022," issued by "Nebraska Department of Health and Human Services / DHHS Licensure Unit, Children's Services," opens: "Neb. Rev. Stat. Sec.71-1912 requires all child care staff members and individuals residing in a child care home who are 18 years of age or older to submit criminal history background checks.

This application must be completed for each required individual. Failure to complete this application in its entirety will result in delayed dissemination of results." EIGHTEEN, for both staff and residents of the home. THE FORM ALSO TELLS YOU EXACTLY HOW THE PROCESS RUNS, and these are operational facts a provider needs. Section I must be "completed by the Director/Owner of the Child Care Program" and identifies the applicant's role from a checklist: "Director / Provider / Employee/Teacher / Volunteer / College Student / Household Member 18 years of age or older." It then forces a binary: an "EXISTING Employee, Volunteer or Household Member?" is defined as someone who "Currently work[s] or ha[s] worked in a child care program or is a current household member of a Family Child Care Home as of October 1, 2019," versus a "NEW Employee, Volunteer or Household Member?" who has "Never been fingerprinted for child care purposes, ha[s] not started employment, and/or not currently residing in child care program's home." That October 1, 2019 date on the face of the form is the fingerprint regime's operative date and confirms the prior entry's timing claim.

Section II is completed by the individual, requires the legal name to "match the name given to the Nebraska State Patrol when fingerprinting is completed," requires ALL previous names (alias/maiden), and asks "Have you lived outside of Nebraska in the last 5 years?" with the state(s) listed. The consent language is: "I give consent for Children's Services Licensing to check Nebraska and out-of-state registries and databases, as well as to disseminate my employment eligibility status to the identified child care program above. I also acknowledge that I have received the Privacy Act Statement and Noncriminal Justice Applicant's Privacy Rights disclosures as required by Federal law found at the end of this application." THE FIVE-YEAR REUSE TEST, verbatim from the form, which saves providers real money and is almost never written down anywhere else: three yes/no questions - "Have you been an employee, volunteer, college student, or household member of a child care program within the last 180 days?"; "Have you had National FBI Fingerprint Criminal History Information Check completed by Nebraska State Patrol within the last five years for the purpose of being employed, volunteering, a college student, or living in a child care?"; "Have you had National FBI Fingerprint Criminal History Information Check employment eligibility results disseminated by DHHS Licensure Unit within the last five years for the purpose of being employed, volunteering, a college student, or living in a child care?" - followed by: "If you answered 'YES' to ALL of the questions above, you will not need to submit a fee or fingerprints at this time.

Only submit this fully completed application. Children's Services Licensing will disseminate your current eligibility status to the child care program identified. If you answered 'NO' to any question above, you will need to complete this application and follow the 'Instructions for Applicant' below." THE MONEY AND THE LOGISTICS, verbatim from the form: two copies of the application are needed, one submitted "to DHHS at DHHS.ChildCareLicensing@nebraska.gov or mailed to: DHHS Licensure Unit, Children's Services, PO Box 94986, Lincoln, NE 68509-4986," and "One to bring with you to the location you choose to get your fingerprints rolled." The applicant must "Bring your government issued photo identification card (drivers license, passport, etc.)" and "Provide a copy of this completed application to the fingerprinting technician." Non-Troop locations must mail prints to "Nebraska State Patrol - Criminal Identification Division, 4600 Innovation Dr, Lincoln, NE 68521." The fee: "Pay the fee of $45.25 to the Nebraska State Patrol," either "by credit card at www.ne.gov/go/nsp. A small transaction fee will be added to your payment" or by check or money order to the same CID address.

The form's own tip: "Nebraska State Patrol locations have LiveScan capability and offer the quickest way to receive results. Completing fingerprints at an alternative site will result in increased processing time and may have an additional service fee." For the technician, the LiveScan workflow is "Nebraska Applicant" and the transaction is "CCD DHHS Child Daycare Employee CCDBGA" or "CCDV DHHS Child Daycare CCDBGA Volunteer." REGIME 2 - THE REGULATION, WHICH STILL SAYS NINETEEN. 391 NAC 1-006.02A, verbatim and still in force in the current Nebraska Administrative Code text: "Criminal History Record Check: The applicant/licensee must complete a pre-employment criminal history record check through a governmental law enforcement agency on him/herself, each staff member and volunteer age 19 or older, and each household member age 19 or older. Documentation must be kept and available for review by the Department. The check must be conducted through the Nebraska State Patrol or through one or more local law enforcement agencies, as appropriate to the individual's residence(s). If an individual has lived in Nebraska less than 12 months, the applicant/licensee must obtain documentation of a criminal history record check from the previous state(s) of residence." 391 NAC 2-006.02A is the same except that household members are covered only "if the child care home is a private residence."

So the regulation imposes a provider-run, name-based, state/local check at nineteen, in ADDITION to the statute's fingerprint-based national check at eighteen. Both appear in the application packets: 1-003.01A(4) requires "Documentation of a criminal history record check for the applicant, all staff and volunteers age 19 or older, and all household members age 19 or older (see 1-006.02A)." The honest operational answer for a 2026 applicant is: expect to do both, and expect the eighteen-year-old in the house to need fingerprints. THE PRIOR ENTRY SAID "The older 391 NAC name-based description is superseded by this fingerprint mandate." That is an inference, not a reading. The regulation has not been amended - the chapter text I read is the same 2013 text carried in the current code - and a regulation is not repealed by a later statute that adds a different check. Report the conflict; do not resolve it silently. THE OUT-OF-STATE RULE. Both regimes have one and they are not identical. The regulation: if an individual "has lived in Nebraska less than 12 months," the licensee must obtain a criminal history record check "from the previous state(s) of residence" (1-006.02A).

The statute/form: the fingerprint application asks about residence outside Nebraska "in the last 5 years," and Sec. 71-1912 requires searches of the registries of the state(s) of residence and employment. Twelve months for the regulation, five years for the federal-standard searches. REGISTRY CHECKS - THREE REGISTRIES, THREE DIFFERENT AGES, AND ONE OF THEM IS YOURS TO RUN. 391 NAC 1-006.02B, verbatim: "Registry Checks: The applicant/licensee, staff, volunteers, and household members must not be listed as a perpetrator of abuse or neglect on Nebraska's: 1. Child abuse/neglect central register, if the individual is age 13 or older; 2. Adult protective services (APS) central registry, if the individual is age 18 or older; or 3. State Patrol sex offender registry. The individual must provide enough information for an accurate check of the registries and must authorize the release of registry information. The Department will conduct the child and adult registry checks and provide the results to the applicant/licensee. The applicant/licensee must conduct the State Patrol sex offender registry check.

All registry checks must be completed before the individual assumes responsibility for the care and supervision of children. Any individual who is listed as a perpetrator on any of the registries must not be on the child care premises during the hours of operation, except that a parent listed as a perpetrator may be allowed on the premises only to pick up and drop off his/her child." Three operational points: the child abuse/neglect register threshold is THIRTEEN, the APS threshold is EIGHTEEN, and the sex offender registry check is the PROVIDER'S job, not the Department's. The consent paperwork tracks the thirteen-year threshold: 1-003.01A(3) requires "Consent for central registry checks and authorization for release of information for the applicant, all staff and volunteers age 13 or older, and all household members age 13 or older." CORRECTION - "VOLUNTEERS MUST BE AT LEAST 13" IS NOT A RULE. The prior entry stated it as one. 391 NAC 1-006.03B sets three requirements for volunteers - good moral character, no injurious history, and "Never be left alone with children other than their own" - and no minimum age.

The number 13 comes from the registry-consent threshold in 1-003.01A(3) and 1-006.02B(1), which is a different thing: it tells you from what age a volunteer must be consented and checked, not from what age a person may volunteer.

The only hard age floors in the chapters are 16 for staff and substitutes (1-006.03A(1); 1-002 definition of Substitute) and 19 for the licensee (1-006.01(1)) and, in Home II, for the primary provider (2-006.03A(1)). THE DISQUALIFICATION TIERS - the regulation's own, in three bands. 1-006.02A1, PERMANENT: an individual is permanently disqualified "if s/he has a criminal history that includes conviction of any unlawful act endangering the health or safety of another individual," including "crimes against a child or vulnerable adult, crimes involving intentional bodily harm, crimes involving the sale, distribution or procurement of a controlled substance, or crimes involving moral turpitude," and the enumerated (non-exhaustive) list is: "1. Aggravated or armed robbery; 2. Assault, first or second degree; 3. Child abandonment; 4. Child abuse; 5. Child molestation or debauching a minor; 6. Child neglect; 7. Commercial sexual exploitation of a minor; 8. Domestic violence; 9. Exploitation of a minor involving drug offenses or conviction of drug offenses that involved a minor; 10. Felony controlled substances offenses, other than possession;

11. Felony violation of custody; 12. Incest; 13. Kidnapping; 14. Murder, first or second degree; 15. Sexual abuse of a minor; 16. Sexual assault; 17. Sexual exploitation of a minor, including child pornography; or 18. Voluntary manslaughter." 1-006.02A2, TWENTY-YEAR: "1. Arson; 2. Criminal non-support; 3. Felony possession of controlled substance offences; 4. Felony theft; or 5. Robbery," with the clock running "the date the conviction became final," incarceration time excluded from the calculation, and, where there is more than one conviction, the period running from "the date the most recent conviction became final." 1-006.02A3, FIVE-YEAR: "1. Burglary; 2. Driving under the influence: two or more convictions; 3. Felony bad check writing; 4. Misdemeanor controlled substances offenses; 5. Misdemeanor contributing to the delinquency of a child; or 6. Misdemeanor theft," with the same clock rules. 1-006.02A4 adds a separate absolute bar: "An applicant, licensee, staff member, volunteer, or household member must not have had his/her rights as a parent terminated by a Court because of a finding of abuse or neglect of a child or inability to care for a child." 1-006.02A5 then creates a discretionary route for everything else, listing the nine factors the Department may weigh: "1. The age of the individual at the time of the conduct;

2. The recency of the conduct; 3. The seriousness of the conduct; 4. The factors underlying the conduct; 5. The cumulative effect of the conduct; 6. The evidence of rehabilitation; 7. The individual's positive social contributions since the conduct; 8. The individual's honesty in providing information; and 9. The materiality of any omissions or misrepresentations."

THE REPORT OF LAW ENFORCEMENT CONTACT - a Nebraska-specific instrument that trips people up because it is CONTINUOUS. 1-006.02C: the licensee must complete one for him/herself and obtain one for each staff member and volunteer age 19 or older and each household member age 19 or older, and the report must "1. Be updated, signed and dated annually; 2. Be updated any time one of these individuals is arrested, issued a citation other than a minor traffic violation, or charged with or convicted of any felony, misdemeanor, or infraction; 3. List all previous and currently pending criminal charges and arrests, both felony and misdemeanor, regardless of prosecution; 4. List any record of felony and/or misdemeanor charges and arrests related to crimes against children; 5. List any record of felony and/or misdemeanor convictions; 6. List any current or past parole or probation status, including diversion or court supervision; and 7. List details, dates, county and state of the contact, arrest, charge, conviction, and disposition, if any." And 1-006.02D imposes an affirmative duty to tell DHHS: "As soon as the licensee becomes aware of the occurrence, the licensee must notify the Department of any arrest, misdemeanor ticket other than a traffic violation, pending criminal charges, and any felony/misdemeanor convictions of him/herself, staff, volunteers, or household members.

Failure to notify the Department of law enforcement contacts as described may result in disciplinary action." Note that the Report of Law Enforcement Contact is required at BOTH licence stages - it appears in the provisional list (1-003.01A(5)) and again in the operating list (1-003.02A(4)). REPEAT CHECKS DURING INVESTIGATIONS. 1-006.02E: "1. Any time the licensee has reason to believe that a staff member or volunteer is being or has been investigated for abuse, neglect, or sexual abuse of a child or vulnerable adult, the licensee must submit the name of that individual to the Department for a check with the child abuse/neglect or adult protective services registry. 2. Any individual who is under investigation for abuse, neglect, or sexual abuse of a child or vulnerable adult must not be left alone with children until the investigation is completed and the findings are determined." HEALTH INFORMATION REPORT - not a criminal check but part of the same clearance packet. 1-006.02F: the applicant submits one "on a form provided by the Department" as part of the initial application; "All staff who are responsible for the care and supervision of children more than 20 hours per week must complete the report within 30 days of hiring"; "The Health Information Report must be completed annually"; and it "must include an assessment by a health professional of the individual and any health conditions that could negatively affect his/her ability to care for children," with the Department able to request more information.

Note that Home I requires a Health Information Report at the OPERATING stage too (1-003.02A(3)), whereas the Home II operating list (2-003.02A) does not include one. TIMING - THE HARD RULE. 1-006.02B: "All registry checks must be completed before the individual assumes responsibility for the care and supervision of children." Not before hire; before responsibility. CONFIDENTIALITY. 1-004.05A bars DHHS from releasing to the public, among other things, "Health Information Reports and any physical or behavioral health information on the licensee and staff," "Reports of Law Enforcement Contact by the licensee, staff, and household members," child protection records including the central register under Neb. Rev. Stat. Sec. 28-718, APS records under Sec. 28-376, and "Nebraska State Patrol Sex Offender Registry information not available to the public under the Sex Offender Registration Act." Everything else on the licence file - including inspection reports, licensing agreements, corrective action notices, discipline notices and final orders - IS public under 1-004.05.

The application, step by step

Work through these in order — the prep packet turns them into a checklist you can tick off:

1. STEP 0 - DECIDE WHETHER YOU NEED A LICENCE AT ALL, USING THE STATUTORY TEST RATHER THAN THE FOLK VERSION. Neb. Rev. Stat. Sec. 71-1911 permits child care for three or fewer children without a licence but forbids operating, or offering to operate, a program for four or more children under the person's direct supervision, care and control at any one time 'from families other than that of such person' without a licence. The regulation's exemption list (391 NAC 1-001.02, identical at 2-001.02) is the working version and has thirteen entries, including care 'On an irregular, informal basis and with no established pattern of occurrence,' care 'Without cost to the parents and who receives no form of compensation,' care 'To three or fewer children at any one time, except by a person whose license has been suspended or revoked,' 'Services provided only to school-age children during the summer and other extended breaks in the school year,' 'Care provided only to children 13 years of age or older,' 'Care provided for less than two hours per week on average,' and 'Care provided by grandparents to only their grandchildren.' Note the last one is narrow: it exempts a grandparent caring for grandchildren ONLY. Add one unrelated child and the exemption is gone. Everyone on that list 'are exempt from mandatory licensure, but may be voluntarily licensed' - and 1-001.02(1)(c) removes the three-or-fewer exemption from anyone 'whose license has been suspended or revoked.'
2. STEP 1 - CHOOSE THE CLASS, AND CHOOSE IT ON LOCATION AND STAFFING, NOT JUST ON HEADCOUNT. Family Child Care Home I is 'a child care program in the licensee's residence which is licensed to serve at least four but not more than eight children, except that a licensee may be approved to serve up to two additional school-age children during non-school hours if no more than two of the other children in care are under 18 months of age' (391 NAC 1-002). Family Child Care Home II is 'a child care program in the licensee's residence or another location which is licensed to serve at least four but not more than 12 children' (391 NAC 2-002). If the program will not be in your own home, Home I is unavailable - 1-003.01A(13) requires 'Documentation that the applicant resides at the address on the application for licensure.' If you want someone other than yourself running the floor, Home II is the only option, because 2-002 defines 'Primary provider' as 'the licensee or a staff member designated by the licensee who is responsible for the daily operation of the child care program' and 2-006.03A opens 'The licensee may serve as the primary provider' - permissive, not mandatory. Chapter 1 has no such split; 1-006.01(4) makes the Home I licensee personally 'responsible for the day-to-day operation.' Also weigh the amendment clocks: a Home II must file an Amendment to Application 'at least 90 working days before' any change in location or building usage (2-004.05A), where a Home I need only file 'Before the change goes into effect' (1-004.04A).
3. STEP 2 - MEET THE PERSONAL THRESHOLDS BEFORE YOU SPEND ANY MONEY. 391 NAC 1-006.01 requires the licensee to 'Be at least 19 years of age,' 'Be of good moral character,' 'Be a U.S. citizen or qualified alien lawfully present in the U.S.,' 'Be responsible for the day-to-day operation of the child care program,' 'Read, understand, and be familiar with these regulations,' and 'Not engage in any other employment that interferes with the care of children.' Two disqualifiers are worth checking against your own household before anything else, because they are absolute and they reach people who are not you: 1-006.01(14), the licensee must 'Not knowingly allow any individual to be on the premises if s/he has been convicted of, admitted to, or there is substantial evidence of, crimes involving intentional bodily harm, crimes against children, crimes involving the illegal use of controlled substances, or crimes involving moral turpitude'; and 1-006.01(15), no registered sex offender on the premises, 'except that a parent who is a registered sex offender may be allowed on the premises only to pick up and drop off his/her child.' If an adult who lives in your house cannot pass, the licence cannot issue - the household is part of the application.
4. STEP 3 - DO THE PRE-SERVICE TRAINING FIRST, BECAUSE IT IS A CONDITION OF ISSUANCE, NOT OF SUBMISSION. 391 NAC 1-006.04A: 'Before a provisional license will be issued, the applicant must complete the following: 1. Two-hour orientation training provided by the Department; 2. Cardiopulmonary Resuscitation (CPR) training; and 3. First Aid training.' (2-006.04A is identical.) Get the CPR from the right place: 1-006.04F(1) - 'CPR training must be obtained from an entity that has been approved by the Nebraska Board of Emergency Medical Services. The Department will provide the program with information about approved CPR courses.' And plan to keep it: 1-006.04F(2) - 'The licensee must maintain current CPR and First Aid training as long as s/he is licensed.' The documentary outputs are two separate application items: 'Documentation of completed CPR/First Aid training (see 1-006.04F)' and 'Documentation of completed pre-service orientation training by the Department' (1-003.01A(7) and (8)).
5. STEP 4 - RUN THE BACKGROUND CHECKS, BOTH KINDS, FOR EVERY ADULT THE RULES REACH, AND START THE FINGERPRINTS EARLY BECAUSE THEY ARE THE LONG POLE. Fingerprint side: form PH-20 (rev. 5/2022) states 'Neb. Rev. Stat. Sec.71-1912 requires all child care staff members and individuals residing in a child care home who are 18 years of age or older to submit criminal history background checks.' Two copies of the form - one to DHHS.ChildCareLicensing@nebraska.gov or to DHHS Licensure Unit, Children's Services, PO Box 94986, Lincoln, NE 68509-4986, and one to the fingerprinting site - plus government photo ID, plus '$45.25 to the Nebraska State Patrol.' The form's own advice: 'Nebraska State Patrol locations have LiveScan capability and offer the quickest way to receive results.' If the person has been fingerprinted for child care in the last five years, had results disseminated by DHHS in the last five years, AND has been in a child care program in the last 180 days, the form says 'you will not need to submit a fee or fingerprints at this time.' Regulation side, which is separate and still applies: 1-006.02A requires the licensee to run a 'pre-employment criminal history record check through a governmental law enforcement agency' on themselves and on 'each staff member and volunteer age 19 or older, and each household member age 19 or older,' through the Nebraska State Patrol or appropriate local agencies, plus - for anyone resident in Nebraska under 12 months - 'documentation of a criminal history record check from the previous state(s) of residence.' Registry side, 1-006.02B: consent and authorisation for the child abuse/neglect central register (age 13+), the Adult Protective Services central registry (age 18+), and the State Patrol sex offender registry; 'The Department will conduct the child and adult registry checks,' but 'The applicant/licensee must conduct the State Patrol sex offender registry check.' Everything must be finished 'before the individual assumes responsibility for the care and supervision of children.'
6. STEP 5 - GET ZONING IN WRITING AND DRAW THE HOUSE. Both provisional packets require 'A sketch, diagram, or blueprint of the facility showing the dimensions, arrangement of rooms to be used by the children, and outdoor play area' and 'Copies of zoning approval from the relevant jurisdiction' (1-003.01A(9) and (10); 2-003.01A(9) and (10)). The sketch is not decorative - it is how the Department applies 1-007.01(3), 'at least 35 square feet of activity space per child. Rooms not used for child care do not count in the square footage total,' and 1-007.03(1), 'at least 50 square feet per child of age-appropriate play space' outdoors. Those two numbers, not your ambition, set your capacity. And zoning is enforceable through the licence: 1-008.01(10) makes 'Violation of any city, village, or county rules, regulations, or ordinances regulating licensees' a ground for denial or discipline.
7. STEP 6 - MAKE THE HOUSE PASS BEFORE ANYONE INSPECTS IT. The fire standards are in 1-007.07 (identical at 2-007.07) and they are the ones that fail homes: 'There must be two unblocked exits approved by the Fire Marshal from every floor on which child care is provided'; 'Furnaces, wood-burning stoves, and other heaters must be inaccessible to children when in use'; 'Candles or incense must not be used while children are in care'; 'Open flames must not be present while children are in care'; 'All storage areas must be free of excessively combustible or highly flammable materials'; 'Bathroom and closet doors must be designed so they can be unlocked from the outside'; and 'There must be properly mounted and operated smoke detection equipment as required by the Fire Marshal.' Then the environmental safety rules at 1-006.25E: 'All cleaning agents, medications (both prescription and nonprescription), and poisonous materials must be kept in locked storage at all times children are in care. Separate locked storage must be provided for medications requiring refrigeration'; 'All firearms, other potentially hazardous weapons, weapon accessories, and ammunition must be kept in locked storage. Firearms must be unloaded and ammunition must be stored separately from firearms'; and 'Electrical outlets within reach of children must be covered with safety caps, ground fault interrupters, or have safety outlets installed.' 'Locked storage' has a definition (1-002): 'a container or closet used to store poisonous materials, medications, and weapons that is secured by lock and key, combination lock, or magnetic lock approved by the Department.' Water: if you are not on a public supply, 1-007.02A requires annual testing against nitrate, total coliform and lead standards, and hot water at hand washing and bathing locations 'maintained between a minimum of 100 degrees Fahrenheit and a maximum of 120 degrees Fahrenheit.' If you plan overnight care, 1-006.17(2) adds that staff must 'remain awake until all children are asleep,' 'sleep on the same level of the home as the children,' have smoke detection in the sleeping rooms, and keep 'A portable fire extinguisher with a minimum safety rating of 2A10BC ... in the licensee/staff sleeping room,' maintained 'according to State Fire Code Regulations, 153 NAC 1.'
8. STEP 7 - FILE THE PROVISIONAL APPLICATION WITH EVERY ITEM ON THE LIST, BECAUSE THE LISTS DIFFER BY CLASS. Home I, 391 NAC 1-003.01A, thirteen items: (1) 'A complete, accurate, written and signed application and disclosure of ownership on a form provided by the Department'; (2) an attestation of U.S. citizenship or qualified-alien status with immigration status and alien number, per Neb. Rev. Stat. Secs. 4-108 to 4-114; (3) consent for central registry checks and authorization for release of information for the applicant, all staff and volunteers 13+, and all household members 13+; (4) documentation of a criminal history record check for the applicant, all staff and volunteers 19+, and all household members 19+; (5) a Report of Law Enforcement Contact for the same 19+ group; (6) a Health Information Report for the applicant; (7) documentation of completed CPR/First Aid training; (8) documentation of completed pre-service orientation training by the Department; (9) the sketch/diagram/blueprint; (10) copies of zoning approval; (11) 'The $25 licensing fee (see 1-004.06)'; (12) 'A completed Rules Compliance Checklist'; and (13) 'Documentation that the applicant resides at the address on the application for licensure.' Home II, 391 NAC 2-003.01A, ELEVEN items - the same 1 through 10 (with household-member items conditioned on the home being 'a private residence') plus 'The $25 licensing fee (see 2-004.07)' - and NOTABLY WITHOUT a Rules Compliance Checklist and without residence documentation. The fee itself: 1-004.06 - 'Initial and annual licensure fees for a Family Child Care Home I are $25,' non-refundable except where the Department denies or the applicant withdraws before an inspection is completed, and 'Fees will be accepted in the form of a check or money order. Cash will not be accepted.'
9. STEP 8 - UNDERSTAND WHEN THE INSPECTOR COMES, BECAUSE THE TWO CLASSES ARE OPPOSITES AND THE PRIOR VERSION OF THIS GUIDE HAD IT BACKWARDS FOR HOME I. Home I: the licence issues first. 391 NAC 1-004.02 - 'A provisional FCCH-I license will be marked "Inspection Pending" until the Department conducts the 60-day inspection of the home,' and 1-005.01 - 'The Department will conduct an unannounced inspection within 60 days of the issuance of a provisional, operating, or amended FCCH-I license.' There is no scheduled pre-licence inspection in Chapter 1. Home II: the inspection comes first and it is scheduled. 391 NAC 2-005.01 - the Department will 'Schedule the date and time of the inspection visit with the applicant and/or the applicant's designee' and 'Conduct an on-site inspection to determine compliance with licensing regulations within 30 days of receipt of a completed application for a provisional license,' then 'Provide a preliminary copy of the compliance report.' Fire and sanitation are referrals, not automatic gates: 1-005.08A triggers a fire referral on an initial application, a change of address, use of unapproved areas, a change to overnight hours, a fire-safety complaint, or observed danger; 1-005.08B triggers a sanitation referral only 'There is a complaint specific to sanitation issues' or 'Department staff observe conditions that may endanger the health or safety of children in care.'
10. STEP 9 - OPERATE THE PROVISIONAL YEAR AS IF IT WERE THE AUDIT, BECAUSE IT IS. 391 NAC 1-003.02: operating licences go only to programs 'in operation for more than one year and ... in full compliance with all regulations,' and 'Licensees must have completed one full year with a provisional license with satisfactory compliance with all regulations before qualifying for an operating license.' During that year: log your 12 clock hours (1-006.04E), keep training documentation 'available on the premises' (1-006.04), keep the Report of Law Enforcement Contact 'updated, signed and dated annually' (1-006.02C(1)), renew the Health Information Report annually (1-006.02F), and run drills - 'Fire drills must be completed a minimum of once per month' and 'Tornado drills must be completed a minimum of four times per year during the months of March through September,' with 'Written documentation of drills, including dates conducted' (1-006.23B). Also note the annual inspection is not optional or announced: 1-005.02 - 'The Department will conduct an unannounced inspection each year.' If something goes wrong, 1-006.23E requires notice to the Department 'within 24 hours or the next business day' of a child's death, any injury requiring hospitalisation or treatment at a medical facility, a child 'missing, lost, or left unsupervised on or off the premises,' or a disaster affecting compliance.
11. STEP 10 - CONVERT TO THE OPERATING LICENCE BEFORE THE PROVISIONAL EXPIRES, AND KNOW THE 90-DAY CLIFF. Home I operating packet, 1-003.02A, eight items: the signed application and disclosure of ownership; the citizenship/qualified-alien attestation; 'A Health Information Report for the applicant'; 'A Report of Law Enforcement Contact for the applicant, all staff and volunteers age 19 or older, and all household members age 19 or older'; 'Documentation of annual training hours completed during the provisional year'; 'A completed Rules Compliance Checklist'; 'A Fire Inspection Approval issued by the appropriate fire marshal's office'; and 'The $25 licensing fee.' Home II's operating packet, 2-003.02A, is only FIVE items - application, attestation, Report of Law Enforcement Contact, training documentation, and the $25 fee - with no checklist, no Health Information Report and no fire approval listed. Timing, 1-003.01D: DHHS sends the expiration notice 'no later than 90 days before'; miss the expiry and the provisional 'expires'; file complete and compliant 'within 90 days after expiration' and an operating licence issues effective when issued; file 'more than 90 days after expiration' and 'the Department will process the application as a provisional license application' - i.e. you restart the provisional year. The operating licence, once issued, is 'standard, non-expiring' (1-003.02), but the $25 annual fee continues (1-004.06(1): 'Initial and annual licensure fees ... are $25') and the annual unannounced inspection continues (1-005.02).
12. STEP 11 - PUT THE REQUIRED THINGS ON THE WALL AND THE REQUIRED THINGS IN THE FILE ON DAY ONE. Postings are listed separately in required_postings. On the file side, before the first child arrives: a Child's Record completed 'before the child's enrollment' with the eleven items in 1-006.06 (including 'Individual(s) to whom the child may be released by the caregiver,' 'Consent to contact a physician in an emergency,' and the allergy list 'and clear instructions in the event of an exposure to the factor'); the Parent Information Brochure - 1-006.07: 'At the time of enrollment, the licensee must give the parent(s) of each enrolled child a Parent Information Brochure provided by the Department. The licensee must keep receipts signed and dated by the parent'; a written illness-exclusion policy - 1-006.10: 'The licensee must have a written policy that identifies the circumstances under which children would be excluded from child care due to illness,' which must be enforced and made available to the Department and to parents; a written disaster plan covering evacuation, parent notification, reunification and children with special needs (1-006.23D); and each child's immunisation record within 30 days of enrolment (1-006.11). Employee records must carry the ten items in 1-006.05A, including 'Documentation of Nebraska registry checks with no adverse findings' and 'Documentation that the individual has read and understands these regulations'; substitutes and volunteers get the shorter list in 1-006.05B, and for volunteers specifically 'a written schedule that includes the hours and days of the week the individual serves as a volunteer.'
13. STEP 12 - KNOW WHAT YOU CAN AND CANNOT ASK TO BE EXCUSED FROM, AND WHAT HAPPENS IF YOU SLIP. Alternative compliance exists (1-004.03) and requires a written request stating the regulation, the reasons, 'A description of how the alternative will meet the intent of the regulation,' and 'How the alternative will offer equal protection for all children,' with a written decision 'within 30 days of the Department's receipt of all appropriate information.' But 1-004.03D forecloses the ones providers most want: 'Alternative compliance will not be granted for the following requirements: 1. Capacity/Ratio; 2. Transportation; 3. Supervision; 4. Fire safety; 5. Criminal history/background checks; 6. Licensee and staff; and 7. Any regulation for which a discipline has been initiated or completed.' Short of discipline there are two 'negative actions' (1-003.04), both voluntary and neither appealable: a Licensing Agreement, which must identify the term, the violations and the agreed conditions, be signed by the licensee and 'Be witnessed by a notary public, Department staff, or non-relative of the licensee'; and Corrective Action Status, for up to six months, on an approved written plan of correction. Discipline itself (1-008.02) runs from a probationary licence to suspension or revocation, plus 'a civil penalty of up to $5 per child ... for each day the program is in violation,' enrolment restrictions, and age or service limits. Revocation for any cause other than non-payment of fees bars reapplication for two years and then only for a provisional licence (1-008.05). And there is an emergency power (1-008.04) allowing an immediate order 'without notice or hearing' including 'an immediate prohibition on the care of children by the licensee other than children of the licensee,' with a hearing 'not later than ten days' after the licensee applies for one.

What you must post on your walls

• THE LICENCE ITSELF, WITH ITS STATUS OR AMENDMENT. 391 NAC 1-004.02: 'The license, including any applicable status or amendment, must be displayed in a prominent place so that it is clearly visible to parents and others.' 391 NAC 2-004.02 is identical. This is also a statutory duty, not merely a regulatory one - Neb. Rev. Stat. Sec. 71-1911 provides that 'The license, including any applicable status or amendment, shall be displayed by the licensee in a prominent place so that it is clearly visible to parents and others.' Two Nebraska-specific wrinkles. First, the words 'status or amendment' mean the wall must show bad news too: a probationary licence, a Corrective Action Status notice or an amendment goes up with the licence, not in a drawer. Second, and unique to Home I: 1-004.02 continues, 'A provisional FCCH-I license will be marked "Inspection Pending" until the Department conducts the 60-day inspection of the home. (See 1-005.01 and 1-005.05.) The Department will note completion of the inspection on the license.' So a brand-new Home I is required to display a licence that publicly announces it has not yet been inspected. That sentence has no counterpart in Chapter 2.
• EMERGENCY TELEPHONE NUMBERS. 391 NAC 1-006.23A: 'A working telephone must be available on the premises at all times. Emergency telephone numbers, including fire, rescue, police (or 911), and Poison Control, must be prominently posted.' The list is four categories - fire, rescue, police (or 911), and Poison Control - and the phone itself is a separate, standing requirement ('at all times'). 2-006 carries the same requirement for Home II ('and Poison Control, must be prominently posted').
• FIRE AND TORNADO SAFETY DIAGRAMS. 391 NAC 1-006.23C: 'Fire and tornado safety diagrams must: 1. Show the layout of the licensed child care area(s); 2. Be prominently posted and visible; 3. Include how the evacuation of children with special needs will be conducted; 4. Include fire evacuation routes; and 5. Include tornado safety locations.' Note that this is a single posted artefact carrying five distinct contents - it is not enough to post a fire exit map; the same posting must also show tornado shelter locations and the special-needs evacuation method. Nebraska's tornado requirement is not decorative: 1-006.23B requires 'Tornado drills ... a minimum of four times per year during the months of March through September' alongside monthly fire drills, with written documentation of dates.
• NOTICE OF A REPORTABLE COMMUNICABLE DISEASE OUTBREAK. 391 NAC 1-006.09A requires the licensee to notify parents of any case of any reportable communicable disease 'on the same day the licensee is informed of or observes the illness, unless otherwise directed by the health authority,' and specifies that 'Proper notification includes: 1. Notification to parents of children in attendance; 2. Notification to parents of enrolled children who are not in attendance on that day; and 3. Posting notice of the outbreak in a conspicuous place.' The posting is therefore one of three simultaneous obligations, not a substitute for individual notice. 2-006.09A is identical. Confidentiality still binds: 1-006.09B - 'Names of ill children must not be released to anyone except health authorities, unless parents have given their permission.' So the posted notice must not name the child.
• AVAILABLE-ON-REQUEST RATHER THAN POSTED - but treat it as a display obligation because inspectors do. 391 NAC 1-006.01(6) requires the licensee to 'Make license record information and inspection reports available for public review upon request,' and 1-004.02 repeats: 'The licensee must ensure that license record information and inspection reports are available for public viewing upon request.' Neb. Rev. Stat. Sec. 71-1911 says the same: 'License record information and inspection reports shall be made available by the licensee for public inspection upon request.' What is in scope is broad - 1-004.05 makes public the application, licensee and program name, address and telephone, alternative compliances, licence type and relevant licence information ('for example, license capacity, hours and days of care, ages of children served, license effective dates'), inspection reports, fire and sanitation inspection reports and correspondence, licensing agreements, provisional extension notices, corrective action status notices, discipline notices, corrective action plans, hearing transcripts, emergency orders and 'All final orders.'
• NOT A POSTING, BUT FREQUENTLY MISFILED AS ONE - the medication sign-in sheet. 391 NAC 1-006.20C permits it and regulates it: 'The use of a posted medication sign-in sheet does not violate confidentiality if the parent has been advised in writing that the parent has the option of using a private method of informing center staff of the child's medication needs.' So a posted medication sheet is lawful only if parents have been told in writing that they may opt for a private channel. Nebraska does not otherwise require any medication posting.
• ALSO NOT A POSTING, DESPITE COMMON PRACTICE - menus, ratios and the licence certificate of insurance. Nothing in 391 NAC 1 or 2 requires a posted menu (1-006.21 says only that 'Weekly menues must be given to the parents upon request' - the misspelling is in the published text), and nothing requires a posted staff-to-child ratio chart or a posted policy handbook. Do not manufacture Nebraska postings that the chapters do not impose. NOTE FOR 2026: LB 457 (2025) is reported to require a licensed program caring for a child with a known allergy to PUBLISH its anaphylaxis policy 'in the parent handbook, program manual, or other similar publication of the program' from July 1, 2026 - a publication duty rather than a wall posting, and one I could not verify against primary text from this environment. See verify_flag.

Enrollment forms for each child

• APPLICATION AND DISCLOSURE OF OWNERSHIP - the core instrument, required at both licence stages and for both classes. 391 NAC 1-003.01A(1): 'A complete, accurate, written and signed application and disclosure of ownership on a form provided by the Department, which contains all information required and authorized by the Child Care Licensing Act.' Repeated verbatim at 1-003.02A(1), 2-003.01A(1) and 2-003.02A(1). Note that the disclosure of ownership is part of the application, not a separate document. Neb. Rev. Stat. Sec. 71-1911.02 sets what the application must carry: the applicant's social security number if an individual (with the express protection that it 'shall not be public record and may only be used for administrative purposes'), program details, owner information, household members if residential, and persons in control; and it dictates the signature: 'The application shall be signed by (a) the owner, if the applicant is an individual, a partnership, or the sole owner of a limited liability company or a corporation, (b) two of its members, if the applicant is a limited liability company, or (c) two of its officers, if the applicant is a corporation.' The DHHS document names surfaced in search for these are 'AppFCCHIProvOrOp.pdf' (headed 'FCCH I INSTRUCTIONS Application for a Family Child Care Home I License') and 'AppFCCHIIProvOrOp.pdf' ('FCCH II INSTRUCTIONS Application for a Family Child Care Home II License'), both on dhhs.ne.gov - I could NOT open either on 2026-08-25 (host refused connection), so those file names are reported as unverified. See verify_flag.
• CITIZENSHIP / QUALIFIED ALIEN ATTESTATION - not a stand-alone DHHS form but a mandatory sworn element. 391 NAC 1-003.01A(2): 'For the purpose of complying with Neb. Rev. Stat. Secs. 4-108 to 4-114, an attestation that s/he is a U.S. citizen or a qualified alien lawfully present in the U.S. The applicant must provide his/her immigration status and alien number, and agree to provide a copy of his/her USCIS documentation upon request.' It reappears in the OPERATING application (1-003.02A(2)) - so it must be re-executed at conversion, not once. 1-002 defines 'USCIS means United States Citizenship and Immigration Services.'
• CONSENT FOR NEBRASKA CENTRAL REGISTRY CHECKS AND AUTHORIZATION FOR RELEASE OF INFORMATION - the regulation names this document explicitly at 1-004.04A(5)(a): where a new staff member, volunteer or household member is 13 or older, the licensee must submit 'a completed and signed Consent for Nebraska Central Registry Checks and Authorization for Release of Information.' Required in the initial packet for 'the applicant, all staff and volunteers age 13 or older, and all household members age 13 or older' (1-003.01A(3); 2-003.01A(3) adds 'if the Family Child Care Home is a private residence'). 1-006.02B explains what it buys: the Department runs the child abuse/neglect and Adult Protective Services registry checks and returns results to the licensee, while 'The applicant/licensee must conduct the State Patrol sex offender registry check.'
• CHILD CARE FINGERPRINT CRIMINAL HISTORY CHECK APPLICATION - form PH-20, revision stamp 'PH-20 5/2022', issued by 'Nebraska Department of Health and Human Services / DHHS Licensure Unit, Children's Services'. I read this form directly on 2026-08-25 (via a Metropolitan Community College mirror of the DHHS PDF, mccneb.edu). Exact title on the form: 'Child Care Fingerprint Criminal History Check Application' - note that the prior entry called it 'Child Care Criminal History Check Application', dropping 'Fingerprint'. The form is completed in two sections: Section I 'must be completed by the Director/Owner of the Child Care Program' and identifies the role ('Director / Provider / Employee/Teacher / Volunteer / College Student / Household Member 18 years of age or older') and whether the person is EXISTING (in child care or a household member 'as of October 1, 2019') or NEW; Section II is completed by the individual and must be legible, with the legal name matching the name given to the Nebraska State Patrol. Fee '$45.25 to the Nebraska State Patrol'. Two copies required. Submit to DHHS.ChildCareLicensing@nebraska.gov or DHHS Licensure Unit, Children's Services, PO Box 94986, Lincoln, NE 68509-4986. LiveScan transaction codes on the form: 'CCD DHHS Child Daycare Employee CCDBGA' or 'CCDV DHHS Child Daycare CCDBGA Volunteer'.
• DOCUMENTATION OF A CRIMINAL HISTORY RECORD CHECK (the regulation's separate, name-based check) - 1-003.01A(4) requires 'Documentation of a criminal history record check for the applicant, all staff and volunteers age 19 or older, and all household members age 19 or older (see 1-006.02A),' and 1-006.02A requires it to be run 'through the Nebraska State Patrol or through one or more local law enforcement agencies, as appropriate to the individual's residence(s),' with out-of-state documentation for anyone resident in Nebraska under twelve months. This is a distinct deliverable from the PH-20 fingerprint result - see background_check for why both are live.
• REPORT OF LAW ENFORCEMENT CONTACT - required in the provisional packet (1-003.01A(5)), again in the operating packet (1-003.02A(4)), again on any new staff/volunteer/household member 19 or older (1-004.04A(5)(b)), and continuously thereafter. 1-006.02C requires it to 'Be updated, signed and dated annually' and 'Be updated any time one of these individuals is arrested, issued a citation other than a minor traffic violation, or charged with or convicted of any felony, misdemeanor, or infraction,' and to list pending and previous charges and arrests 'regardless of prosecution,' convictions, and 'any current or past parole or probation status, including diversion or court supervision.' Copies must be in the staff record (1-006.05A(5)) and the substitute/volunteer record (1-006.05B(5)).
• HEALTH INFORMATION REPORT - 'on a form provided by the Department' (1-003.01A(6)). Required for the applicant initially; for 'All staff who are responsible for the care and supervision of children more than 20 hours per week ... within 30 days of hiring'; and 'must be completed annually' (1-006.02F). It 'must include an assessment by a health professional of the individual and any health conditions that could negatively affect his/her ability to care for children.' Home I requires it again in the operating packet (1-003.02A(3)); the Home II operating packet (2-003.02A) does not list one.
• RULES COMPLIANCE CHECKLIST - a HOME I requirement only, and required twice: 'A completed Rules Compliance Checklist' at 1-003.01A(12) for the provisional application and again at 1-003.02A(6) for the operating application; also 'The applicable section of the Rules Compliance Checklist' must accompany an Amendment to Application for a change of address (1-004.04A(4)(b)). Chapter 2 does NOT require a checklist in either the provisional (2-003.01A) or the operating (2-003.02A) list. CORRECTION: the prior entry listed 'FCCH I Regulations Compliance Review Checklist - form CRED-0959' and 'FCCH II Regulations Compliance Review Checklist - form CRED-0958' as required forms for both classes. The regulation names a 'Rules Compliance Checklist' and imposes it only on Home I. The CRED form numbers could not be verified from this environment; see verify_flag.
• SKETCH, DIAGRAM, OR BLUEPRINT OF THE FACILITY - 1-003.01A(9) / 2-003.01A(9): 'A sketch, diagram, or blueprint of the facility showing the dimensions, arrangement of rooms to be used by the children, and outdoor play area.' Required again with any address change (1-004.04A(4)(a)) and, for Home II, with any change in premises (2-004.03(1)(a)(1)).
• COPIES OF ZONING APPROVAL FROM THE RELEVANT JURISDICTION - 1-003.01A(10) / 2-003.01A(10), and again for a Home II change of premises (2-004.03(1)(a)(3)). Not a DHHS form; obtained from the city, village or county.
• DOCUMENTATION OF COMPLETED CPR/FIRST AID TRAINING and DOCUMENTATION OF COMPLETED PRE-SERVICE ORIENTATION TRAINING BY THE DEPARTMENT - two separate items, 1-003.01A(7) and (8) (2-003.01A(7) and (8)). 1-006.04F(3) adds that 'The CPR card and documentation of First Aid training must be available upon request.'
• DOCUMENTATION THAT THE APPLICANT RESIDES AT THE ADDRESS - HOME I ONLY, 1-003.01A(13). Chapter 2 has no equivalent because a Home II may be at 'another location' (2-001.01). Required again for a Home I address change: 1-004.04A(4)(d), 'Documentation that the licensee will reside at the new location.'
• FIRE INSPECTION APPROVAL ISSUED BY THE APPROPRIATE FIRE MARSHAL'S OFFICE - required for the HOME I OPERATING application at 1-003.02A(7). It is NOT in the Home I provisional list, and it is NOT in the Home II operating list; for Home II it appears instead in the change-of-premises rule, 2-004.03(1)(a)(2), 'A fire inspection approval issued by the State Fire Marshal or delegated authority.'
• AMENDMENT TO APPLICATION - the standing change form. Home I, 1-004.04A: required with Department approval BEFORE a change to building or building usage, ages served, hours or days of care, address or location, or staff/volunteers/household members; 1-004.04B: required within two working days AFTER a change in the licensee's name or in household members age 12 or younger. Home II, 2-004.05: at least 90 working days before a change in location or building usage; at least five working days before a change in days, hours, ages served, or household members 13 or older; within two working days of a name change or a change in household members 12 or younger.
• INDEPENDENT LEARNING SUMMARY - 'on a form provided by the Department' (1-006.04E1). Without it, audio, video and reading material do not count toward the twelve annual clock hours. The conversion rate is fixed in the same subsection: actual running length for audio and video, and '50 pages of text ... considered equal to one clock hour of training.'
• CHILD'S RECORD - 1-006.06: 'A Child's Record must be completed before the child's enrollment,' kept current and available on request, and either the Department's form or a locally created form containing eleven specified items including the individuals to whom the child may be released, the emergency backup contact, 'Consent to contact a physician in an emergency,' the child's current health status, and the allergy list with 'clear instructions in the event of an exposure to the factor.'
• PARENT INFORMATION BROCHURE (Department-provided) AND SIGNED PARENT RECEIPTS - 1-006.07: 'At the time of enrollment, the licensee must give the parent(s) of each enrolled child a Parent Information Brochure provided by the Department. The licensee must keep receipts signed and dated by the parent and make them available for review by the Department.'
• WRITTEN PARENT PERMISSIONS - a family of separate signed documents the chapters require to be on file and producible: off-premises supervision by staff (1-006.12B); a child leaving the premises for non-licensee activities, which must state both the permission and that 'the licensee is not responsible for supervision' (1-006.12C); swimming off premises under licensee supervision, 'updated annually,' stating the pool location and 'Whether the child is allowed to swim in water over his/her head' (1-006.18D); swimming off premises NOT supervised by the licensee (1-006.18C); transportation (1-006.19(9)); infant formula and feeding schedule - 'a signed and dated statement by the parent(s) that describes the formula and feeding schedule for each infant in care' (1-006.16(6)); non-back sleep position, which requires 'A written note from the infant's physician, nurse practitioner, or physician assistant' (1-006.16(7)); and medication - 'prior written permission and written instructions from a parent' (1-006.20D), with a further written statement from the prescriber for PRN medication or any non-oral/topical/inhalant/instillation route (1-006.20E).
• WRITTEN POLICIES AND PLANS THAT MUST EXIST IN DOCUMENTARY FORM - the illness exclusion policy (1-006.10), which must be enforced and made available to the Department and to parents; the disaster preparedness plan covering evacuation, parent notification, reunification and children with special needs (1-006.23D); and written documentation of each use of a physical hold (1-006.13D1: child's name, date, description, staff names) or restraint (1-006.13E(4)). Note restraints are prohibited unless staff 'have received prior training in de-escalation and the use of restraints,' the curriculum is 'accepted by the Department,' and 'The training must be taught by a certified trainer.'
• RECORDS THAT MUST BE MAINTAINED AND PRODUCED - employee records with the ten items at 1-006.05A (including 'Documentation of Nebraska registry checks with no adverse findings' and 'Documentation that the individual has read and understands these regulations'); substitute and volunteer records under 1-006.05B, with, for volunteers, 'a written schedule that includes the hours and days of the week the individual serves as a volunteer'; immunisation records within 30 days of enrolment (1-006.11); fire and tornado drill logs with dates (1-006.23B); medication administration records of 'the time and amount of medication given or applied' (1-006.20H); annual water test results if not on a public supply (1-007.02A(1)(a)); and annual veterinary examination and vaccination documentation for pets (1-006.25C(1)-(2)).

What's specific about getting licensed in Nebraska

Nebraska splits home-based care into two named licenses tied to WHERE you operate: FCCH I (up to 8) must be in your own place of residence, while FCCH II (up to 12) can be your residence or another location. The trap most providers miss is that the number on the license is not your working capacity — the infant ratio caps you first. A single caregiver may ever have only 3 infants, and at least one of those three must be 12 months or older (no more than 2 under 12 months); to serve 4 or more infants the whole program must be 'infant only,' and a 5th infant forces a second provider (max 8 infants). DHHS is emphatic that there are NO exceptions to the ratio — not even for twins or triplets. A second Nebraska-specific quirk: every new home is issued a mandatory ONE-YEAR PROVISIONAL license first, and only converts to a non-expiring 'operating' license after a full compliant provisional year.

How long it takes and what it costs in Nebraska

Timeline: Plan roughly 2-4 months to your provisional license. Orientation, the 'Prepare to Care' health-and-safety training, CPR/First Aid, and the fingerprint/registry checks can be done in a few weeks, but the calendar is driven by the State Fire Marshal inspection, local zoning approval, and the initial DHHS licensure inspection. You are then issued a ONE-YEAR provisional license; the standard non-expiring operating license comes only after a full compliant provisional year, so 'fully seasoned' is about 12-16 months out.

Cost: State licensing fee is low and flat — $25 initial and $25 annual for both FCCH I and FCCH II is the long-standing amount (set by 391 NAC 1-004.06 / 2-004.06; check or money order, no cash — confirm the current figure with DHHS, as the amount was not machine-verifiable at review). Out-of-pocket extras: CPR/First Aid certification (roughly $50-100 through an approved provider — varies), LiveScan fingerprinting for the national criminal history check (fee varies — confirm with DHHS and the fingerprint vendor), and any home corrections needed to pass fire-safety, sanitation, or zoning.

Source: PRIMARY REGULATIONS. 391 NAC Chapter 1 - Title 391, CHILDREN'S SERVICES LICENSING, Chapter 1, FAMILY CHILD CARE HOME I - EFFECTIVE 2/20/2013, OPERATIVE 5/20/2013; complete chapter text read 2026-08-25 from https://www.publichealthlawcenter.org/sites/default/files/NE%20Family%20Child%20Care%20Home%20I.pdf (a mirror of the DHHS PDF; every page bears the DHHS header and the source line http://dhhs.ne.gov/Pages/reg_t391.aspx). 391 NAC Chapter 2 - Title 391, Chapter 2, FAMILY CHILD CARE HOME II - same effective/operative dates; complete chapter text read 2026-08-25 from https://www.publichealthlawcenter.org/sites/default/files/NE%20Family%20Child%20Care%20Home%20II.pdf. CURRENCY CORROBORATION. Cornell Law School, Legal Information Institute, current Nebraska Administrative Code: https://www.law.cornell.edu/regulations/nebraska/391-Neb-Admin-Code-ch-1-SS-002, -ch-1-SS-005, -ch-1-SS-006, -ch-2-SS-001, -ch-2-SS-002, -ch-2-SS-003, -ch-2-SS-004, -ch-2-SS-006 and -ch-2-SS-007 (all read 2026-08-25; LII states that state regulations are updated quarterly and shows no per-section currency stamp for Nebraska).

Every provision quoted from the 2013 PDFs that was cross-checked against LII matched word for word. AGENCY FORM. Nebraska DHHS Licensure Unit, Children's Services - 'Child Care Fingerprint Criminal History Check Application', form PH-20, revision stamp 'PH-20 5/2022'; read in full 2026-08-25 from https://www.mccneb.edu/getmedia/a128d8fa-03f9-44e1-8aeb-03f21b70fae3/Child-Care-Fingerprint-Criminal-History-Check-Application.pdf (mirror of the DHHS PDF, which DHHS publishes as ChildCareCriminalHistoryCheckApplicationPH-20.pdf). STATUTES. Nebraska Revised Statutes, Child Care Licensing Act, Secs. 71-1908 to 71-1923 (range as stated by 391 NAC 1-001). Individual sections read 2026-08-25 on codes.findlaw.com, each page stamped 'Current as of January 01, 2024': Sec. 71-1910 (Terms, defined) https://codes.findlaw.com/ne/chapter-71-public-health-and-welfare/ne-rev-st-sect-71-1910/ ; Sec. 71-1911 (licence required; provisional and operating licences; display; public inspection) .../ne-rev-st-sect-71-1911/ ; Sec. 71-1911.02 (application; signature) .../ne-rev-st-sect-71-1911-02/ ; Sec. 71-1912 (fingerprint and national criminal history checks) .../ne-rev-st-sect-71-1912/ ; Sec. 71-1913 (fire, sanitation, liability insurance, investigations) .../ne-rev-st-sect-71-1913/ ; Sec. 71-1965 (model anaphylaxis policies) .../ne-rev-st-sect-71-1965/ .

Other statutes cited as authority by 391 NAC 1-001 but not separately read: the Child Protection Act (Secs. 28-710 to 28-727), the Clean Indoor Air Act (Secs. 71-5716 to 71-5734), the Quality Child Care Act (Secs. 43-2601 to 43-2625), the Sex Offender Registration Act (Secs. 29-4001 to 29-4014), and Secs. 4-108 to 4-114. OFFICIAL SOURCES IDENTIFIED BUT NOT REACHABLE FROM THIS ENVIRONMENT ON 2026-08-25 (all refused connection or returned 403): DHHS Child Care Licensing, https://dhhs.ne.gov/licensure/Pages/Child-Care-Licensing.aspx ; DHHS Title 391 Regulations for Children's Services Licensing, https://dhhs.ne.gov/licensure/Pages/Title-391-Regs-for-Childrens-Services-Licensing.aspx ; DHHS '2025 STATE OF NEBRASKA STATUTES RELATING TO CHILD CARE LICENSURE', https://dhhs.ne.gov/licensure/Documents/ChildCareLicensure.pdf ; DHHS 'QUESTIONS AND ANSWERS' on the FCCH I and II regulations, https://dhhs.ne.gov/licensure/Documents/QandAonNewFCCHIandIIRegs.pdf ; DHHS fingerprint Q&A, https://dhhs.ne.gov/licensure/Documents/QAndAChildCareLicensingBackgroundChksUpdate.pdf ; the FCCH I and FCCH II application instructions, https://dhhs.ne.gov/licensure/Documents/AppFCCHIProvOrOp.pdf and .../AppFCCHIIProvOrOp.pdf ; 391 NAC Chapter 3 (Child Care Centers), https://dhhs.ne.gov/licensure/Documents/CCC391-3.pdf ; the Nebraska Legislature's statute pages at https://nebraskalegislature.gov/laws/statutes.php ; and the LB 457 (2025) slip law at https://nebraskalegislature.gov/FloorDocs/109/PDF/Slip/LB457.pdf .

The Nebraska Secretary of State regulation search (www.sos.ne.gov/rules-and-regs/regsearch) now redirects to https://rules.nebraska.gov/, which could not be validated from here. CONTACT OF RECORD, taken from form PH-20 itself: DHHS Licensure Unit, Children's Services, PO Box 94986, Lincoln, NE 68509-4986; DHHS.ChildCareLicensing@nebraska.gov. Fingerprints: Nebraska State Patrol - Criminal Identification Division, 4600 Innovation Dr, Lincoln, NE 68521; fee $45.25; card payment at www.ne.gov/go/nsp. Child Abuse-Neglect Hotline as printed in 391 NAC 1-006.01(17): 1-800-652-1999.

Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.