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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), Division of Public Health. 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.
In brief — Nebraska
- Licensing agency
- Nebraska Department of Health and Human Services (DHHS), Division of Public Health
- Program / rule
- Two home-based license tiers: Family Child Care Home I under 391 NAC 1 (Title 391, Children's Services Licensing, Chapter 1) and Family Child Care Home II under 391 NAC 2 (Chapter 2); statutory basis = Child Care Licensing Act, Neb. Rev. Stat. §§ 71-1908 et seq. (incl. §71-1911 licensure requirement and §71-1912…
- Maximum group size
- No separate group-size cap distinct from licensed capacity for family homes; the licensed capacity (8 for FCCH I, 12 for FCCH II) is the ceiling and the 391 NAC 1-006.08B/2-006.08B ratio tables govern the age mix within it.
- CPR & first aid
- Yes — required before licensure
- Last verified
- 2026-08-25
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.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
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.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
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.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
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.
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
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").
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
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."
Summarised from the state’s own rules. Every figure above is quoted from the regulation cited on this page.
The application, step by step
Work through these in order — the prep packet turns them into a checklist you can tick off:
- 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…
- 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…
- 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…
- 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…
- 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…
- 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…
- 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…
- 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…
- 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…
- 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…
- 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,…
- 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.…
- 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.…
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…
- 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…
- 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:…
- 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…
- 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…
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…
- 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…
- 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 /…
- 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…
- 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…
- 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…
- 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…
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.
Common mistakes when getting licensed in Nebraska
The infant ratio, not the license number, is your real ceiling
A single provider may care for at most 3 infants, and at least one of those three must be 12 months or older (so no more than 2 may be under 12 months). To take 4 infants the entire program must be 'infant only'; adding a 5th infant requires a second provider, up to a maximum of 8 infants. DHHS states there are no exceptions to the ratio (no multiple-birth waiver), so an infant-heavy home hits the wall well below the 8 or 12 on the license.
Your own children — and grandchildren — occupy licensed slots, with the cutoff at age 8
For ratio and capacity, the provider's own children and grandchildren UNDER age 8 ALWAYS count. Children age 8 OR OLDER count only if you receive compensation for them (private pay or Child Care Subsidy). New providers routinely forget that their own toddler takes one of the paid slots — and that the exclusion for older children evaporates the moment any payment is involved.
The background check is fingerprint-based and reaches everyone 18 and older
Since October 1, 2019 (Neb. Rev. Stat. §71-1912), the provider, staff, substitutes, volunteers, and every household member age 18 or older must submit fingerprints for a national criminal history record check through the Nebraska State Patrol — use form PH-20. Registry checks kick in even earlier: a child-abuse/neglect central registry check at age 13+, and an Adult Protective Services registry check at 18+. Budget time and money for LiveScan fingerprinting and confirm the current packet with the DHHS Office of Children's Services Licensing; do not rely on the older name-based reg description.
Provisional-first, then a non-expiring operating license
You cannot get an operating license on day one — every new home starts on a one-year provisional license, and only after a full compliant provisional year can you obtain the standard non-expiring operating license. Log your 12 annual training hours during the provisional year and submit the operating-license application before the provisional expires; confirm the exact renewal timing and the consequences of letting it lapse with DHHS.
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.
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Build my Nebraska packet →Nebraska home daycare licensing — FAQ
How many children can I care for in a Nebraska home daycare?
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.
What are the adult-to-child ratios for a home daycare in Nebraska?
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…
What training do I need to run a home daycare in Nebraska?
Before you can be licensed: 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,…
What background checks does Nebraska require?
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…
Is this legal advice?
No. DaycareLicensePrep gives general information based on each state's published child-care licensing rules, dated to when we last verified them, and is not a guarantee of licensure. Always confirm with your state's licensing agency before applying.
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Source: Sources officielles consultées pour Nebraska :
https://www.publichealthlawcenter.org/sites/default/files/NE%20Family%20Child%20Care%20Home%20I.pdf
http://dhhs.ne.gov/Pages/reg_t391.aspx
https://www.publichealthlawcenter.org/sites/default/files/NE%20Family%20Child%20Care%20Home%20II.pdf
https://www.law.cornell.edu/regulations/nebraska/391-Neb-Admin-Code-ch-1-SS-002
https://codes.findlaw.com/ne/chapter-71-public-health-and-welfare/ne-rev-st-sect-71-1910/
https://dhhs.ne.gov/licensure/Pages/Child-Care-Licensing.aspx
https://dhhs.ne.gov/licensure/Pages/Title-391-Regs-for-Childrens-Services-Licensing.aspx
Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.