Nebraska Childcare Licensing Requirements: A Complete Guide

Overview: who regulates childcare in Nebraska?

In Nebraska, childcare licensing is administered by the Nebraska Department of Health and Human Services (DHHS), Division of Public Health, Licensure Unit. DHHS is responsible for setting minimum standards, processing license applications, conducting inspections, and enforcing compliance for all regulated childcare operations in the state.

Nebraska requires licensing for any person or entity that provides care for four or more children from different families. The type of license you need depends on the size and setting of your operation:

• Child Care Center: A facility providing care for 13 or more children. Centers are typically commercial operations and must meet the standards outlined in Title 391 NAC, Chapter 3 of Nebraska's administrative code.

• Family Child Care Home I: A home-based operation providing care for 4 to 8 children of mixed ages, with up to 2 additional school-age children allowed during non-school hours. This is the most common license type for in-home providers.

• Family Child Care Home II: A home-based operation providing care for 4 to 12 children. Because of the higher capacity, additional staffing and space requirements apply compared to a Family Child Care Home I.

• Preschool: A program serving children ages 3 to 5 that operates for fewer than 6 hours per day. Preschools have their own set of standards under 391 NAC, Chapter 5.

• School-Age-Only Center: A program that serves only school-age children before and after school, on school holidays, and during the summer. These centers are licensed under 391 NAC, Chapter 4.

How to apply for a Nebraska childcare license

The Nebraska childcare licensing application process involves several steps. Plan for the process to take several weeks to several months, depending on how quickly you can meet all requirements.

1. 1

   Contact DHHS and review the regulations

   Before applying, review the specific regulations for your license type (391 NAC Chapter 1-5). Nebraska DHHS provides these regulations online, along with a Q&A document that clarifies common questions about the standards.

2. 2

   Submit your application

   Applications are submitted through the Nebraska DHHS system. You will need to provide information about your facility, a floor plan or sketch showing room dimensions and layout, your outdoor play area, and your staffing plan. Application fees vary by license type; check the DHHS website for current amounts.

3. 3

   Complete background checks for all staff

   All staff, volunteers, and household members (for home-based programs) must pass fingerprint-based background checks through the Nebraska State Patrol and the FBI before they can have contact with children. Background checks must be renewed every five years.

4. 4

   Complete required pre-service training

   Directors and staff must complete pre-service training approved by the Nebraska Department of Education before beginning work with children. Training covers health and safety, emergency preparedness, child growth and development, and other required topics.

5. 5

   Pass fire and health inspections

   Your facility must pass inspections from the State Fire Marshal (or delegated local authority) and from DHHS. These inspections verify that your space meets requirements for safety, sanitation, and capacity.

6. 6

   Receive your license

   Once you have met all requirements and passed inspections, DHHS will issue your childcare license. Your licensed capacity will be determined by the Department based on the available space and the capacity authorized by the State Fire Marshal. The license must be posted in a visible location at your facility.

Nebraska staff-to-child ratio requirements

Nebraska sets specific staff-to-child ratios based on the ages of children in care. These ratios are defined in the Nebraska Administrative Code (391 NAC) and must be maintained at all times, including during outdoor play, transitions, and field trips.

When children of mixed ages are grouped together, the ratio for the youngest child in the group applies. In any room that includes infants, the 1:4 infant ratio must be maintained for those infants regardless of the ages of other children present.

These ratios are from the Nebraska Administrative Code. Verify current ratios with DHHS, as they may be updated periodically. For help planning your classroom staffing, try our ratio calculator.

Staff qualification and training requirements

Nebraska has specific requirements for directors and staff working in licensed childcare programs. All training used to meet licensing requirements must be approved by the Nebraska Department of Education, Office of Early Childhood.

• Director qualifications: Directors of child care centers must be at least 19 years old and hold a high school diploma or GED. Center directors are required to hold a bachelor's degree from an accredited college or university in early childhood education, education, or child/youth development. Directors must also complete 45 clock hours (or 3 semester credit hours) of pre-service training within six months of hire.

• Director annual training: Directors must complete 12 clock hours of approved in-service training per year, covering topics such as child development, guidance, health, and program management.

• Staff pre-service training: All staff must complete pre-service orientation and training before working alone with children. Training topics include health and safety, emergency preparedness, child growth and development, and the Nebraska Early Childhood Learning Guidelines.

• Staff annual training: Staff members who average more than 20 hours per week must complete 12 hours of approved in-service training annually. Staff averaging fewer than 20 hours per week must complete 6 hours annually.

• CPR and First Aid: At least one staff member with current pediatric CPR and First Aid certification must be present at all times when children are in care. First aid and CPR training is a requirement for every license type.

• Background checks: All staff must pass fingerprint-based criminal history checks through the Nebraska State Patrol and the FBI. Checks of the sex offender registry and the child abuse and neglect registry are also required. Background checks must be completed before a person has direct contact with children and renewed every five years.

Facility and space requirements

Your physical space must meet Nebraska's minimum standards before a license can be issued. Licensed capacity is determined by DHHS based on available space and the capacity authorized by the State Fire Marshal or delegated authority.

• Indoor space: A minimum of 35 square feet of usable activity space per child. This measurement excludes kitchens, bathrooms, hallways, storage areas, and staff-only spaces. Applicants must submit a floor plan or sketch showing the dimensions and arrangement of rooms to be used by children.

• Outdoor space: Outdoor play areas must provide adequate space for children and be free of hazards. Areas must be fenced to prevent children from leaving unsupervised and must be free of animal waste.

• Fire safety: Facilities must pass a fire inspection by the State Fire Marshal or delegated local authority. Working smoke detectors and fire extinguishers must be installed and maintained. Regular fire drills are required and must be documented.

• Age-appropriate equipment: All furniture, cribs, and play equipment must be safe, in good repair, and appropriate for the ages of children enrolled. Cribs and sleep equipment must meet current Consumer Product Safety Commission (CPSC) standards.

• Sanitation: Facilities must meet health and sanitation standards, including proper diaper changing procedures, handwashing stations accessible to children, clean food preparation areas, and general cleanliness throughout the building.

Background check requirements

Nebraska requires comprehensive background checks for anyone involved in caring for children at a licensed facility. These checks must be completed before an individual has direct contact with children.

• Who must be checked: All owners, directors, staff, substitutes, and volunteers who have unsupervised access to children. For home-based operations, all household members must also be checked.

• Fingerprint-based checks: Background checks require a complete set of fingerprints submitted to the Nebraska State Patrol, which processes them through both state and FBI criminal history databases. LiveScan fingerprinting locations are available throughout the state.

• Registry checks: Screening includes the sex offender registry and the Nebraska child abuse and neglect registry (Central Registry).

• Renewal: Background checks must be renewed every five years for all staff. New checks are also required when a person moves to a different licensed operation.

• Disqualifying offenses: Felony convictions, child abuse or neglect findings, and sex offender registry listings are among the factors that disqualify an individual from working in a licensed childcare operation.

Health and safety requirements

Nebraska's licensing standards include detailed health and safety requirements that licensed operations must follow every day.

• Immunization records: Up-to-date immunization records are required for all enrolled children. Records must be on file and available for inspection at all times.

• Medication administration: Medications may only be administered with written parent authorization. All medication administration must be documented, including the medication name, dosage, time given, and the staff member who administered it.

• Allergy policies: Programs caring for a child with a known food or other allergy must have a written policy to address incidents of anaphylaxis. Beginning July 1, 2026, this requirement applies to all programs that do not already have such a policy in place.

• Safe sleep practices: For infants, Nebraska requires adherence to safe sleep guidelines. Infants must be placed on their backs to sleep in approved cribs, with no soft bedding, pillows, bumper pads, or toys in the crib.

• Handwashing: Proper handwashing procedures must be followed by both staff and children, including before and after meals, after diaper changes, after using the restroom, and after outdoor play.

• Emergency procedures: Written emergency procedures must be posted and practiced regularly. Staff must be trained in emergency preparedness, including procedures for fire, severe weather, medical emergencies, and other crisis situations.

Record-keeping requirements

Nebraska licensing requires childcare operations to maintain detailed records that are available for review during inspections. Keeping these records organized and current is essential for staying in compliance.

• Attendance records: Daily sign-in and sign-out records for every child, with the time recorded for each entry.

• Child enrollment records: Complete enrollment information for each child, including emergency contacts, authorized pickup persons, medical information, allergies, and immunization records.

• Staff records: Personnel files for every employee, including background check results, training documentation, certifications, and employment history.

• Incident reports: Written documentation of any injuries, accidents, or unusual incidents that occur at the facility.

• Fire drill logs: Documentation of every fire drill conducted, including the date, time, and number of children and staff present.

• Medication logs: Records of all medications administered to children, along with parent authorization forms.

Step Up to Quality: Nebraska's QRIS program

Step Up to Quality is Nebraska's Quality Rating and Improvement System (QRIS), established by the Nebraska Legislature in 2013. It is a voluntary program that recognizes childcare and early education programs that go beyond minimum licensing standards to provide higher-quality care.

• Rating scale: Programs are rated on a scale of Step 1 (lowest) to Step 5 (highest), based on how well they meet quality standards across multiple domains.

• Who can participate: Child care centers, family child care homes, Head Start programs, and school-based preschool programs are all eligible to participate. Programs that accept public funding (such as child care subsidies) are required to participate.

• Benefits: Programs enrolled in Step Up to Quality receive specialized training, access to resources, and financial incentives. A higher rating can help attract families looking for quality care and may increase subsidy reimbursement rates.

• Participation: More than 500 programs across Nebraska have been rated through the Step Up to Quality system. Information about participating programs is available to parents through the Step Up to Quality website.

Inspections and ongoing compliance

Once licensed, your operation will be subject to ongoing monitoring by DHHS to verify continued compliance with all applicable standards.

• Unannounced inspections: DHHS conducts unannounced inspections of licensed childcare operations during normal operating hours. These inspections can happen at any time and may cover any aspect of your operation, including ratios, safety, sanitation, and record-keeping.

• Public records: Inspection results and licensing actions are public record. Parents can look up any licensed operation's status and history through the Nebraska DHHS license search tool online.

• Corrective action: If deficiencies are found during an inspection, the operation is given a specified timeframe to correct the issues. The timeframe depends on the severity of the deficiency.

• Adverse actions: Repeated or serious violations can result in adverse actions, including probation, license suspension, license revocation, or monetary penalties. Violations that pose an immediate threat to children can result in emergency action.

Resources

Here are key resources for Nebraska childcare providers:

• Nebraska DHHS Child Care Licensing: The official state agency website for childcare licensing, including regulations, application materials, Q&A documents, and the online license search tool.

• Step Up to Quality: Nebraska's Quality Rating and Improvement System (QRIS) program. Visit stepuptoquality.ne.gov for information about enrollment, rating standards, and available resources for participating programs.

• Nebraska Department of Education, Office of Early Childhood: Responsible for approving training that meets childcare licensing pre-service and in-service requirements. Their website includes the Pre-Service Training Guide for directors and teachers.

• Nebraska child care statutes: The full text of Nebraska's Child Care Licensing Act and related statutes is available online through the Nebraska Legislature website.