License: Child Care Provider

Nebraska Dept. of Health & Human Services external site

P.O. Box 94986

Lincoln, NE 68509

(402) 247-6564

<h3>Occupational Description</h3><br>Child Care Providers offer care and supervision of children in lieu of parental care and supervision for compensation. Child Care Providers in Nebraska may receive one of two types of licenses. ~Family Child Care Home I providers are licensed to offer 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. ~Family Child Care Home II providers are licensed to offer 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. ~No license is required for those who provide child care on an irregular, informal basis; without receiving compensation; to supervise three or fewer children at any one time; or to supervise only children age 13 or older. ~See the Nebraska Child Care Licensing Act for additional details.<br><h3>Licensure Requirements</h3><br>These apply to provisional and operating licenses. 4. Documentation of a criminal history record check for the applicant, all staff and volunteers age19 or older, and all household members age 19 or older (See 391 NAC 1-006.02A); Adding #14- 71-1911.03. Applicant; liability insurance.An applicant for a license under the Child Care Licensing Act shall provide to the department written proof ofliability insurance coverage of at least one hundred thousand dollars per occurrence prior to issuance of thelicense. A licensee subject to the Child Care Licensing Act on July 1, 2014, shall obtain such liability insurancecoverage and provide written proof to the department within thirty days after July 1, 2014. Failure by a licensee tomaintain the required level of liability insurance coverage shall be deemed noncompliance with the Child CareLicensing Act. If the licensee is the State of Nebraska or a political subdivision, the licensee may utilize a riskretention group or a risk management pool for purposes of providing such liability insurance coverage or may selfinsure all or part of such coverage.Source: Laws 2013, LB105, § 2. 71-1912. Department; investigation; inspections; national criminal history record information check;procedure; cost; background checks; person ineligible for employment; when.(5)(a) A person applying for a license as a child care provider or a licensed child care provider under the ChildCare Licensing Act shall submit a request for a national criminal history record information check for each childcare staff member, including a prospective child care staff member of the child care provider, at the applicant's orlicensee's expense, as set forth in this section. Beginning on October 1, 2019, a prospective child care staffmember shall submit to a national criminal history record information check (i) prior to employment, except asotherwise permitted under 45 C.F.R. 98.43, as such regulation existed on January 1, 2019, or (ii) prior to residingin a family child care home. A child care staff member who was employed by a child care provider prior to October1, 2019, or who resided in a family child care home prior to October 1, 2019, shall submit to a national criminalhistory record information check by October 1, 2021, unless the child care staff member ceases to be a child carestaff member prior to such date.(b) A child care staff member shall be required to undergo a national criminal history record information check notless than once during each five-year period. A child care staff member shall submit a complete set of his or herfingerprints to the Nebraska State Patrol. The Nebraska State Patrol shall transmit a copy of the child care staffmember's fingerprints to the Federal Bureau of Investigation for a national criminal history record informationcheck. The national criminal history record information check shall include information concerning child care staffmembers from federal repositories of such information and repositories of such information in other states, ifauthorized by federal law for use by the Nebraska State Patrol. The Nebraska State Patrol shall issue a report tothe department that includes the information collected from the national criminal history record information checkconcerning child care staff members. The department shall seek federal funds, if available, to assist child careproviders and child care staff members with the costs of the fingerprinting and national criminal history recordinformation check. If the department does not receive sufficient federal funds to assist child care providers andstaff members with such costs, then the child care staff member being screened, applicant for a license, orlicensee shall pay the actual cost of the fingerprinting and national criminal history record information check,except that the department may pay all or part of the cost if funding becomes available. The department and theNebraska State Patrol may adopt and promulgate rules and regulations concerning the costs associated with the fingerprinting and the national criminal history record information check. The department may adopt andpromulgate rules and regulations implementing national criminal history record information check requirements forchild care providers and child care staff members.(c) A child care staff member shall also submit to the following background checks at his or her expense not lessthan once during each five-year period:(i) A search of the National Crime Information Center's National Sex Offender Registry; and(ii) A search of the following registries, repositories, or data bases in the state where the child care provider islocated or where the child care staff member resides and each state where the child care provider was located orwhere the child care staff member resided during the preceding five years:(A) State criminal registries or repositories;(B) State sex offender registries or repositories; and(C) State-based child abuse and neglect registries and data bases.(d) Any individual shall be ineligible for employment by a child care provider if such individual:(i) Refuses to consent to the national criminal history record information check or a background check describedin this subsection;(ii) Knowingly makes a materially false statement in connection with the national criminal history recordinformation check or a background check described in this subsection;(iii) Is registered, or required to be registered, on a state sex offender registry or repository or the National SexOffender Registry; or(iv) Has been convicted of a crime of violence, a crime of moral turpitude, or a crime of dishonesty.(e) The department may adopt and promulgate rules and regulations for purposes of this section.(f) A child care provider shall be ineligible for a license under the Child Care Licensing Act and shall be ineligibleto participate in the child care subsidy program if the provider employs a child care staff member who is ineligiblefor employment under subdivisions (d) or (e) of this subsection.(g) National criminal history record information and information from background checks described in thissubsection subject to state or federal confidentiality requirements may only be used for purposes of granting achild care license or approving a child care provider for participation in the child care subsidy program.(h) For purposes of this subsection:(i) Child care provider means a child care program required to be licensed under the Child Care Licensing Act;and(ii) Child care staff member means an individual who is not related to all of the children for whom child careservices are provided and:(A) Who is employed by a child care provider for compensation, including contract employees or self-employedindividuals;(B) Whose activities involve the care or supervision of children for a child care provider or unsupervised access tochildren who are cared for or supervised by a child care provider; or(C) Who is residing in a family child care home and who is eighteen years of age or older.Source: Laws 1984, LB 130, § 5; Laws 1985, LB 447, § 38; Laws 1987, LB 386, § 5; Laws 1988, LB 1013, § 2;Laws 1995, LB 401, § 33; Laws 1997, LB 310, § 7; Laws 2004, LB 1005, § 73; Laws 2014, LB1050, § 3; Laws2019, LB460, § 3; Laws 2020, LB1185, § 3.Effective Date: November 14, 2020<br><h3>Fees</h3><br>For both Family Child Care Home I & II licensees, the licensing fee is $25.00 for both the initial provisional license and the yearly renewal of the operating license. <br><h3>Renewal</h3><br>For both Family Child Care Home I & II licensees, the operating license renewal is due yearly on the anniversary date of the initial provisional license issuance.