Nebraska daycare regulations

When a license is required

Neb. Rev. Stat. § 71-1911(1)–(2) CentersFamily child care View rule Neb. Rev. Stat. § 71-1911(1)–(2)

You may care for 3 or fewer children without a license. You need a license to care for 4 or more children at one time from families other than your own. A "program" means care for children under 13, for pay, averaging less than 12 hours a day but more than 2 hours a week (§ 71-1910). Someone whose license was suspended or revoked can't care for any number of children until relicensed.

Care that is exempt from licensing

391 NAC 3-001.02 Effective February 2013 CentersFamily child care View rule 391 NAC 3-001.02 (PDF)

Exempt (but may choose to be licensed): irregular, informal care; free care; care of 3 or fewer children; recreation camps and city or county recreation programs; religious classes other than child care or preschool; preschool in a school approved under § 79-318; programs run by a public school district under Department of Education rules; summer- and break-only care for school-age children; care only for children 13 and older; care averaging under 2 hours a week; foster care; grandparents caring only for their grandchildren; care on military installations; and care on Indian reservations by Native Americans (or where tribes regulate it). Since 2025 the statute also exempts programs on federal property.

The five license types

391 NAC 1-001.01; 2-001.01; 3-001.01; 4-001.01; 5-001.01 Effective February 2013 CentersFamily child care View rule 391 NAC 1-001.01; 2-001.01; 3-001.01; 4-001.01; 5-001.01 (PDF)

Family Child Care Home I: in the licensee's own home, 4 to 8 children, plus up to 2 more school-age children outside school hours if no more than 2 of the others are under 18 months. Family Child Care Home II: 4 to 12 children, in a home or another location. Child care center: 13 or more children. School-age-only center: 13 or more children in kindergarten or above. Preschool: part-day, mainly education, children 3 and older who do not nap and are not served a meal.

Provisional and operating licenses

Neb. Rev. Stat. § 71-1911(3)–(6); 391 NAC 3-003.01–3-003.02 CentersFamily child care View rule Neb. Rev. Stat. § 71-1911(3)–(6); 391 NAC 3-003.01–3-003.02

Every new program gets a provisional license for its first year, after the applicant completes DHHS preservice orientation. After a year DHHS issues an operating license, extends the provisional license once for up to 6 months, or denies it; the extension decision can't be appealed. An operating license does not expire but stays in force subject to annual inspections and fees. Fees are $25 a year for fewer than 30 children and $50 for 30 or more (§ 71-1911.01).

Liability insurance

Neb. Rev. Stat. § 71-1911.03 CentersFamily child care View rule Neb. Rev. Stat. § 71-1911.03

Before a license is issued you must give DHHS written proof of liability insurance of at least $100,000 per occurrence for the hours you operate, and you must keep it in force whenever a child is in care. Letting it lapse is a violation of the Act.

Center application and change notices

391 NAC 3-003.01A; 3-004.06 Effective February 2013 Centers View rule 391 NAC 3-003.01A; 3-004.06 (PDF)

A new center applies with a site sketch, zoning approval, fire and sanitation inspection approvals, a description of services, sample daily schedule and weekly menu, director qualifications and background check documents. Send an amendment at least 90 working days before moving or changing building use, 5 working days before changing days, hours or ages served, and within 2 working days of a new director.

SafePass tip: SafePass parent messaging and announcements can tell every family about a change in hours or a move at once and give you a dated record that you sent it.

Center ratios

391 NAC 3-006.15C Effective February 2013 Centers View rule 391 NAC 3-006.15C (PDF)

Infants (6 weeks to 18 months) 1:4; toddlers (18 months to 3 years) 1:6; 3-year-olds 1:10; 4- and 5-year-olds 1:12; school-age 1:15. Ratios must be met at all times and are measured center-wide. The center must keep accurate staff and daily attendance records that prove it. Ratio can't be met through alternative compliance (3-004.05D).

SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to Nebraska's number. SafePass's built-in defaults match Nebraska for infants (1:4), toddlers (1:6), 3-year-olds (1:10) and school-age (1:15), but its two-year-old default (1:8) is looser than Nebraska's 1:6 for every child from 18 months to 3 years, so a two-year-old room left on the default would not be flagged. Nebraska also judges ratio across the whole center, not room by room, while SafePass alerts per room, so a room alert is a prompt to check, not the legal test. SafePass does not apply the infant-room staffing rule (2 staff at 5 infants, 3 at 9) or the two-staff-on-premises rule for you.

Staffing rules in centers

391 NAC 3-006.15B Effective February 2013 Centers View rule 391 NAC 3-006.15B (PDF)

Every room with children needs a teacher giving direct care. At least two staff must be on the premises at all times unless 12 or fewer children are in care (or 15 or fewer, all school-age). At nap time at least one teacher stays in the room as long as the ratio is met across the center. All staff must be awake and alert, including during nap.

SafePass tip: SafePass's staff time clock shows who is clocked in right now, so a director can see at a glance whether two staff are on site.

Family Child Care Home I ratios

391 NAC 1-006.08B Effective February 2013 Family child care View rule 391 NAC 1-006.08B (PDF)

Infants only: 1 provider for 4 infants, 2 for 5 to 8. Mixed ages: 1 provider for up to 8 children, or 10 if the 9th and 10th are school-age. Of mixed-age children, no more than 3 may be infants and no more than 2 under 12 months. School-age only: 1 for up to 10.

SafePass tip: SafePass Kiosk check-ins show which children are in care right now, with their ages, so you can see how many infants and school-agers are present. Add your own young children as enrolled children if you want them in the count.

Family Child Care Home II ratios

391 NAC 2-006.08B Effective February 2013 Family child care View rule 391 NAC 2-006.08B (PDF)

Infants only: 1 staff for 4, 2 for 5 to 8, 3 for 9 to 12. Mixed ages: 1 staff for up to 10 children and 2 for 11 or 12. With 10 children and one staff, no more than 2 may be infants and the 9th and 10th must be school-age. Mixed groups may include up to 3 infants, no more than 2 under 12 months. School-age only: 1 for up to 12.

SafePass tip: SafePass Kiosk check-ins give a running count of who is in care right now, by child and age, and the staff time clock shows when a second adult is on duty.

School-age-only centers and preschools

391 NAC 4-006.14C; 5-006.14C Effective February 2013 Centers View rule 391 NAC 4-006.14C; 5-006.14C (PDF)

School-age-only centers: 1:15. Preschools: 1:10 for 3-year-olds and 1:12 for 4-, 5- and 6-year-olds. Both are measured program-wide and backed by staff and daily attendance records.

Swimming ratios

391 NAC 3-006.25H(3); 1-006.18H Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.25H(3); 1-006.18H (PDF)

When children use a pool on the premises: infants 1:1, toddlers 1:2, preschoolers 1:4, school-age 1:6. Someone who has completed a water safety course must be on duty when the water is over 4 feet deep. Natural bodies of water, hot tubs, livestock tanks and decorative ponds are off limits.

Infant rooms

391 NAC 3-006.23A Effective February 2013 Centers View rule 391 NAC 3-006.23A (PDF)

A room where infants are cared for may hold no more than 12 children at once. With 5 or more infants in the room, at least 2 staff must be in the room; with 9 or more, at least 3. Cribs on wheels, buggies, wagons or similar must be ready for evacuation unless extra staff are there to carry infants.

Licensed capacity

391 NAC 3-006.15A; 1-006.08A; 2-006.08A Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.15A; 1-006.08A; 2-006.08A (PDF)

Capacity is the smaller of what DHHS approves for the space and what the State Fire Marshal allows. Everyone in care counts, except children who have left for the day and enrolled children who are at school. Homes may leave out the provider's own children 8 and older unless the provider is paid for them. Family Child Care Home I's top out at 8 (10 with 2 school-agers outside school hours); Family Child Care Home II's at 12.

SafePass tip: SafePass Kiosk check-ins show how many children are in the building at any time, which you can compare with your licensed capacity.

Center director

391 NAC 3-006.04A Effective February 2013 Centers View rule 391 NAC 3-006.04A (PDF)

At least 19 and of good moral character, with one of: a bachelor's degree in early childhood, education or child/youth development; a bachelor's degree with 6 credit hours in those fields; an associate degree in those fields; a CDA credential; or a high school diploma or GED plus 3,000 hours of verified experience in organized group care and 6 credit hours or 36 clock hours of approved training (or an approved plan to get them within 12 months). DHHS's Q&A says those plans now go to the Early Childhood Training Center.

SafePass tip: SafePass staff profiles store certifications and credentials with expiration dates, so your director's documents are in one place for the inspection specialist.

Center teachers

391 NAC 3-006.05 Effective February 2013 Centers View rule 391 NAC 3-006.05 (PDF)

At least 18 and of good moral character, with a bachelor's or associate degree in early childhood, education or child/youth development, a CDA, or a high school diploma or GED plus 1,500 hours of verified experience (or an approved plan for 3 credit hours or 45 clock hours of training within 6 months). A Nebraska certificated teacher at a center on the premises of an accredited or approved school is treated as meeting the qualification, background, health and training rules.

Support staff, substitutes and volunteers

391 NAC 3-006.06 Effective February 2013 Centers View rule 391 NAC 3-006.06 (PDF)

Support staff must be at least 16, and a teacher must be in the room with them whenever children are present. A substitute who works more than 20 hours a week and counts in ratio must meet the qualifications for the position. Under the 2013 rules volunteers and parent helpers do not count in ratio and are never left alone with children other than their own; § 71-1912.02 now lets some volunteers count until the end of 2028 (see Recent changes).

Family home providers and staff

391 NAC 1-006.01, 1-006.03; 2-006.01, 2-006.03 Effective February 2013 Family child care View rule 391 NAC 1-006.01, 1-006.03; 2-006.01, 2-006.03 (PDF)

The licensee of a Family Child Care Home I or II must be at least 19, of good moral character, lawfully present in the U.S., and responsible for day-to-day operation. A Family Child Care Home II's primary provider must also be 19 or older. Staff and substitutes must be at least 16. Volunteers may never be left alone with children other than their own.

Health Information Report

391 NAC 3-006.03F Effective February 2013 Centers View rule 391 NAC 3-006.03F (PDF)

Center applicants, and staff who care for children more than 20 hours a week, complete a Health Information Report (including a health professional's assessment) within 30 days of hire and every year after.

SafePass tip: SafePass staff profiles can hold each person's health report with an expiration date, so you get a reminder before the year is up.

Fingerprint-based checks every 5 years

Neb. Rev. Stat. § 71-1912(5) CentersFamily child care View rule Neb. Rev. Stat. § 71-1912(5)

Every child care staff member, and every person 18 or older living in a family child care home, must have a national (FBI) fingerprint check through the Nebraska State Patrol before starting work or moving in, and at least once every 5 years. They also need a National Sex Offender Registry search and searches of the criminal, sex offender and child abuse and neglect registries in Nebraska and every state where they lived in the past 5 years. A person is ineligible if they refuse, lie, are on a sex offender registry, or have been convicted of a crime of violence, moral turpitude or dishonesty. A provider that employs an ineligible person can't be licensed.

SafePass tip: SafePass stores each staff member's background check date and flags checks more than five years old on the Compliance page. DHHS's eligibility letter is still the document the inspector checks.

Nebraska registry checks

391 NAC 3-006.03B; 1-006.02B; 2-006.02B Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.03B; 1-006.02B; 2-006.02B (PDF)

The applicant, staff, volunteers and (in a home) household members must not be listed on the Nebraska child abuse/neglect central register (age 13+), the adult protective services registry (18+) or the State Patrol sex offender registry. DHHS runs the child and adult registry checks; the provider runs the sex offender registry check. All must be done before the person cares for children. A listed person may not be on the premises during operating hours, except a parent dropping off or picking up.

Report of Law Enforcement Contact

391 NAC 3-006.03C–D; 1-006.02C–D Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.03C–D; 1-006.02C–D (PDF)

Each adult staff member, volunteer and household member fills out a Report of Law Enforcement Contact every year and whenever they are arrested, cited (other than a minor traffic ticket), charged or convicted. The licensee must tell DHHS as soon as they learn of an arrest, charge or conviction and request a new criminal history check within 5 working days.

Disqualifying crimes

391 NAC 3-006.03A1–A5 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.03A1–A5 (PDF)

The 2013 rules list permanent disqualifications (for example child abuse or neglect, sexual assault, domestic violence, felony drug distribution, kidnapping, murder), 20-year disqualifications (arson, felony theft, robbery, felony drug possession, criminal non-support) and 5-year disqualifications (burglary, two or more DUIs, misdemeanor theft or drug offenses, felony bad checks, contributing to delinquency). DHHS may still allow someone with other records if it finds present character and fitness. DHHS's Q&A says it makes the eligibility decision after the fingerprint check.

Staff under investigation

391 NAC 3-006.03E Effective February 2013 Centers View rule 391 NAC 3-006.03E (PDF)

If you have reason to believe a staff member or volunteer is being investigated for abuse or neglect, send the name to DHHS for a registry check. That person may not be left alone with children until the investigation is finished.

12 clock hours a year

391 NAC 3-006.10D; 1-006.04E; 2-006.04E Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.10D; 1-006.04E; 2-006.04E (PDF)

Each staff member who gives direct care (not substitutes or volunteers) needs 12 clock hours of training a year, or 6 if they work 20 hours a week or less. Training must cover topics such as safe and healthy environments, child development, guidance, family relationships and professionalism. Videos and reading count only with DHHS's Independent Learning Summary form (50 pages = 1 hour). Two hours of CPR and one of first aid count in the year taken.

SafePass tip: SafePass keeps dated training records in each staff profile, so you can total each person's hours for the year.

Orientation before working with children

391 NAC 3-006.10A Effective February 2013 Centers View rule 391 NAC 3-006.10A (PDF)

New center staff and volunteers get orientation before caring for children: job duties, infection control and hand washing, abuse and neglect reporting, the center rules, fire evacuation, tornado safety, disaster plans, and the center's discipline policy.

Family home preservice training

391 NAC 1-006.04A; 2-006.04A Effective February 2013 Family child care View rule 391 NAC 1-006.04A; 2-006.04A (PDF)

Before a provisional license is issued, the applicant completes DHHS's 2-hour orientation plus CPR and first aid. The licensee must keep CPR and first aid current for as long as the license is held.

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.

Safety, management and Early Learning Guidelines training

391 NAC 3-006.08–3-006.09; 1-006.04B–D Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.08–3-006.09; 1-006.04B–D (PDF)

Center directors finish DHHS-approved director orientation within 30 days. Directors and family home licensees complete Early Childhood Training Center safety training on SIDS, safe sleep, shaken baby syndrome and child abuse reporting within 3 years and every 5 years after, a management or business course within 5 years, and one domain of Nebraska's Early Learning Guidelines within 4 years and one more each year. These hours count toward the 12.

Food safety and CPR coverage in centers

391 NAC 3-006.10B; 3-006.10E Effective February 2013 Centers View rule 391 NAC 3-006.10B; 3-006.10E (PDF)

Staff who plan menus or prepare food get 4 hours of nutrition and food safety training within 30 days and every year. At least one staff member with current CPR (from a course approved by the Nebraska Board of Emergency Medical Services) and first aid must be on the premises whenever the center is open.

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires. It does not check that a certified person is on every shift.

Supervision

391 NAC 3-006.19; 1-006.12 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.19; 1-006.12 (PDF)

Children must have adequate and appropriate supervision at all times, including outdoors: staff know where every child is, are within sight or sound, are awake and alert, and protect children from harm. In family homes, children under 2 must be accompanied in a fenced play area and children under 4 in an unfenced one. Supervision is the rule DHHS cited most often in its 2025 negative actions (see below).

SafePass tip: SafePass shows staff a live list of children checked in to each room, so a caregiver can confirm names and headcount at a glance.

Illness and communicable disease

391 NAC 3-006.16–3-006.17 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.16–3-006.17 (PDF)

Have a written policy on excluding ill children and enforce it. Notify parents of all enrolled children on the same day you learn of a reportable communicable disease, and post a notice, unless the local health department directs otherwise. Don't release the ill child's name without parent permission.

SafePass tip: SafePass parent messaging and announcements can reach every family the same day, and give you a dated record that you did.

Allergies on file

391 NAC 3-006.12(11) Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.12(11) (PDF)

Each child's record must list allergies and intolerances (food, insect stings and other triggers) with clear instructions for an exposure. Meals must address allergies (3-006.28), and from July 2026 a program caring for a child with a known allergy needs an anaphylaxis policy (§ 71-1913.04).

SafePass tip: SafePass registration packets collect allergies and medical notes, and they show on the child's profile for staff.

Hazardous items and weapons

391 NAC 3-006.32E; 1-006.25E Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.32E; 1-006.25E (PDF)

Cleaning agents, medications and poisons must be in locked storage whenever children are in care. Centers may not have firearms or weapons on the premises unless located in a residence; homes must keep them locked, unloaded and stored apart from ammunition. Electrical outlets within children's reach must be covered or tamper-resistant, and chest freezers that can't be opened from inside must be locked.

Smoking, alcohol, drugs and pets

391 NAC 3-006.32A–D Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.32A–D (PDF)

No indoor smoking in a center (in a home-based center, not while children from other families are present, and parents must be told if anyone in the home smokes). No alcohol during care, no illegal drugs. Pets need a yearly vet visit and rabies vaccinations, must stay out of food areas, and animals that have bitten without provocation or are exotic are not allowed during hours.

Furniture and equipment kept safe

391 NAC 3-006.31B Effective February 2013 Centers View rule 391 NAC 3-006.31B (PDF)

Equipment, fixtures, furnishings and toys must be clean, safe and in good repair, with no sharp edges, rust or loose parts, under a written routine maintenance process. Furniture must not block exits. Children under 3 may not have access to breakable toys or choking hazards (3-006.22A).

Outdoor play area and anchoring

391 NAC 3-007.03; 3-007.03C–D Effective February 2013 Centers View rule 391 NAC 3-007.03; 3-007.03C–D (PDF)

Centers serving children under school age need a fenced outdoor area (fence at least 36 inches, no gaps) that holds at least 25% of capacity at 50 square feet per child. Stationary climbers, swings and slides must be securely anchored unless designed to be portable and kept away from traffic areas, with soft swing seats and resilient surfacing such as sand, wood chips or rubber underneath.

Family home outdoor space and fencing

391 NAC 1-007.03–1-007.05; 2-007.03–2-007.05 Effective February 2013 Family child care View rule 391 NAC 1-007.03–1-007.05; 2-007.03–2-007.05 (PDF)

An outdoor play area with 50 square feet per child is required. A fence is required if there are drainage ditches, wells, holes, heavy machinery, railroad tracks, water (including decorative ponds), heavy traffic or other hazards on or near the premises. Resilient surfacing goes under climbing equipment.

Indoor space

391 NAC 3-007.01; 1-007.01; 2-007.01 Effective February 2013 CentersFamily child care View rule 391 NAC 3-007.01; 1-007.01; 2-007.01 (PDF)

At least 35 square feet of activity space per child. Centers can't count bathrooms, kitchens, offices, halls, storage or space taken up by cribs, cots or built-in cabinets.

Fire safety in family homes

391 NAC 1-007.07; 2-007.07 Effective February 2013 Family child care View rule 391 NAC 1-007.07; 2-007.07 (PDF)

Two Fire Marshal-approved exits from each floor used for care; furnaces, wood stoves and heaters out of children's reach while in use; no candles, incense or open flames during care; bathroom and closet doors that unlock from outside; smoke detection as the Fire Marshal requires. Overnight care adds smoke detection in sleeping rooms and a 2A10BC extinguisher.

Water

391 NAC 3-007.02B; 1-007.02A Effective February 2013 CentersFamily child care View rule 391 NAC 3-007.02B; 1-007.02A (PDF)

Hot water at hand washing and bathing sinks must stay between 100°F and 120°F. Private wells must be tested every year for nitrate, coliform bacteria and lead, with bottled or approved water used until results are acceptable.

Fire and tornado drills

391 NAC 3-006.30B; 1-006.23B Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.30B; 1-006.23B (PDF)

Practice a fire drill at least monthly and a tornado drill at least 4 times between March and September, with written, dated records. Centers must hold at least one of each during nap time each year. Post fire and tornado diagrams in each room showing exits, shelter spots and how children with special needs will be moved.

SafePass tip: SafePass does not keep a drill log, so keep the dated drill record on paper or in your own file.

Written disaster plan

391 NAC 3-006.30D Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.30D (PDF)

Plan for evacuating to a safe place in a fire, tornado, flood or other disaster, notifying parents, reuniting families, and keeping children with special needs safe throughout.

SafePass tip: SafePass's checked-in list shows who is in care right now, and parent messaging can reach every family at once during a relocation or reunification.

Report serious incidents to DHHS

391 NAC 3-006.30E; 1-006.23E; 2-006.23E Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.30E; 1-006.23E; 2-006.23E (PDF)

Notify DHHS within 24 hours or the next business day of a child's death, any injury needing hospitalization or medical treatment, a child who was missing, lost or left unsupervised, or a disaster that damages the program or stops you from following the rules. DHHS's Serious Injuries and Deaths Report shows 308 serious incident reports received in 2025: 223 from centers, 66 from school-age-only centers, 18 from family homes and 1 from a preschool.

SafePass tip: SafePass incident reports record what happened and the action taken, notify the parent, and capture the parent's e-signature. The report to DHHS is still made directly to DHHS.

Phone and first aid kit

391 NAC 3-006.30A, 3-006.30F Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.30A, 3-006.30F (PDF)

A working phone with emergency numbers (911, Poison Control) posted, and a first aid kit out of children's reach with a thermometer, soap, bandages, gauze, tape, scissors and gloves.

Giving medication

391 NAC 3-006.27; 1-006.20 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.27; 1-006.20 (PDF)

Staff may give prescription or over-the-counter medicine only with the parent's prior written permission and written instructions, following the "five rights" (right drug, child, dose, route and time). Never exceed the label dose or give expired medicine, and report any error to the parent. As-needed prescription medicine, or medicine given by a route other than oral, topical, inhaled or drops, also needs a written statement from the prescriber.

SafePass tip: SafePass collects the parent's signed medication request. Staff approve it, then log each dose with time, amount and staff name, and the parent gets a notification. For as-needed or injected medicines, file the prescriber's statement too.

Storage and records

391 NAC 3-006.27G–H Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.27G–H (PDF)

Keep all medication locked (with separate locked refrigerated storage), in the original labeled container. Record the time and amount of every dose. Over-the-counter skin products like sunscreen and diaper cream must be out of children's reach.

SafePass tip: SafePass logs each dose with the time, amount and staff name.

Immunization records within 30 days

Neb. Rev. Stat. § 71-1913.01; 391 NAC 3-006.18 CentersFamily child care View rule Neb. Rev. Stat. § 71-1913.01; 391 NAC 3-006.18

Within 30 days of enrollment, get proof of age-appropriate immunization (measles, mumps, rubella, polio, diphtheria, pertussis, tetanus, Hib, pneumococcal and others DHHS lists), a physician, APRN or PA statement that a vaccine is medically inappropriate, or a parent's written statement that they don't want the child immunized and why. Exclude the child until one of these is on file. Each program reports enrolled children's immunization status to DHHS by November 1 (as of September 30).

SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.

Meals and snacks

391 NAC 3-006.28; 1-006.21 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.28; 1-006.21 (PDF)

Meals and snacks must meet USDA food group and portion requirements and address allergies. Minimums by time in care: 2½–4 hours, one snack; 4–8 hours, a snack and a meal; 8–10 hours, two snacks and a meal; 10 or more, two snacks and two meals. Supplement food from home that falls short unless a physician says otherwise. Give parents weekly menus on request.

SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.

Bottles and breast milk

391 NAC 3-006.23(3), (5); 3-006.29A Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.23(3), (5); 3-006.29A (PDF)

Hold infants under 6 months for feeding and never prop bottles. Keep a signed parent statement of each infant's formula and feeding schedule. Label stored formula and breast milk with the child's name and dates; discard unfrozen breast milk after 48 hours and frozen after 3 months.

SafePass tip: SafePass daily activity logs record bottles and meals, and parents see them.

Back to sleep

391 NAC 3-006.23(6); 1-006.16(6) Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.23(6); 1-006.16(6) (PDF)

Place infants on their backs to sleep unless a physician, nurse practitioner or physician assistant's note on file says otherwise (and how). Remove bottles from sleeping infants.

SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not run timed sleep-check logs.

Cribs and sleep surfaces

391 NAC 3-006.22B; Neb. Rev. Stat. § 71-1917.01 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.22B; Neb. Rev. Stat. § 71-1917.01 (PDF)

Children 12 months and under sleep only in federally approved cribs or playpens with a fitted sheet and no soft objects, bumpers, toys or loose bedding, and since 2024 no blankets at all. Cribs, cots and mats must be 3 feet apart in centers. No stackable cribs, no top bunks for children 5 and under, no waterbeds for children 3 and under.

Prohibited discipline and time-out

391 NAC 3-006.20A–C; 1-006.13 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.20A–C; 1-006.13 (PDF)

Banned: spanking, slapping, pinching, punching, shaking, striking with an object, soap or hot sauce, locking or closing a child in a room or closet, rough handling, biting, denying food, forced napping, derogatory remarks, profanity, yelling, threats of physical punishment and mechanical restraints. No discipline for toileting accidents, refusing medication or refusing to eat. Time-out must be brief, in a safe, lighted place within direct sight of staff (within hearing in family homes), and no more than one minute per year of age unless a professional's behavior plan says otherwise.

Physical holds and restraint

391 NAC 3-006.20D–E Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.20D–E (PDF)

A physical hold is allowed only when a child is hurting themselves, others or property, can't restrict breathing or speech, and ends when the child is calm. Tell the parent within 24 hours and keep written documentation (child, date, what happened, staff involved). Restraint is banned except by staff trained in an approved de-escalation curriculum, with the same documentation.

SafePass tip: SafePass incident reports record what happened, the staff involved and the action taken, notify the parent and capture the parent's e-signature.

Child's record before enrollment

391 NAC 3-006.12; 1-006.06 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.12; 1-006.06 (PDF)

Before a child starts: name, birthdate, enrollment date, parents' home and work addresses and phones, the people the child may be released to, emergency contacts, consent to call a physician, current health status, and allergies with exposure instructions. Keep it current.

SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature.

Parent brochure, services and policies

391 NAC 3-006.13–3-006.14 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.13–3-006.14 (PDF)

Give each family DHHS's Parent Information Brochure at enrollment and keep a signed receipt. Centers must also give staff and parents a written description of services and policies (illness exclusion, suspension and termination of care, fees, verifying who may pick up, grievances) and keep signed receipts.

Staff records

391 NAC 3-006.11; 1-006.05 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.11; 1-006.05 (PDF)

For each staff member: contact information, hire and end dates, Report of Law Enforcement Contact, criminal history and registry check documentation, Health Information Report, qualifications, orientation and training records, and a signed statement that they've read the rules. Centers keep these for a year after the person leaves.

SafePass tip: SafePass staff profiles hold certifications, training records and the background check date for each person.

Daily attendance records

391 NAC 3-006.15C; 4-006.14C; 5-006.14C Effective February 2013 Centers View rule 391 NAC 3-006.15C; 4-006.14C; 5-006.14C (PDF)

Centers, school-age-only centers and preschools must keep accurate staff and daily attendance records that show the ratio was met. The rules don't set a format.

SafePass tip: SafePass Kiosk records each child's check-in and check-out with a timestamp and who dropped off or picked up, and the staff time clock records staff arrival and departure. Both export as PDF reports. Confirm with your inspection specialist that an electronic record is acceptable.

Release to authorized people

391 NAC 3-006.12(7); 3-006.14B(4) Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.12(7); 3-006.14B(4) (PDF)

Each child's record lists who the child may be released to, and centers must have a written policy for verifying the identity of people picking up. Parents must have access to their children whenever they are in care, and a registered sex offender parent may be on the premises only to drop off and pick up.

SafePass tip: At check-out, SafePass shows staff the child's guardians and authorized pickups, with photos, and records who picked the child up.

Transporting children

391 NAC 3-006.26; 1-006.19 Effective February 2013 CentersFamily child care View rule 391 NAC 3-006.26; 1-006.19 (PDF)

Never leave a child alone in the vehicle. Drivers must hold a valid license for the vehicle (center drivers must be 18+). Lock the doors while moving, no smoking, no more children than seats, every child in the right federally approved car seat or belt under §§ 60-6,267 and 60-6,268, a first aid kit and parent contacts in the vehicle, and written parent permission on file. Centers must keep ratio in the vehicle (a trip with only school-age children can go with just the driver) and have a written transportation policy.

SafePass tip: SafePass does not keep transportation logs or vehicle checks, so keep those records separately.

Driver training for centers

391 NAC 3-006.10C Effective February 2013 Centers View rule 391 NAC 3-006.10C (PDF)

Center staff who transport children need a Safe Kids Buckle Up certificate within 90 days of hire, renewed every 5 years, plus current CPR and first aid.

SafePass tip: SafePass tracks staff certification expiration dates, so you can add each driver's Buckle Up certificate and get a reminder before it lapses.

Unannounced inspections

Neb. Rev. Stat. § 71-1912(2)–(4); 391 NAC 3-005 CentersFamily child care View rule Neb. Rev. Stat. § 71-1912(2)–(4); 391 NAC 3-005

All inspections are unannounced except the initial licensing visit and consultation visits you ask for. DHHS inspects at least once a year if you're licensed for fewer than 30 children and twice a year for 30 or more. Family Child Care Home I's also get an unannounced inspection within 60 days of a new or amended license (1-005.01). Centers get fire and sanitation inspections every 2 years. Follow-up visits come within 60 days, and centers get the report within 10 working days.

SafePass tip: SafePass keeps records with dates and times, and it exports attendance reports as PDF for an inspector.

Inspection reports are public on request

Neb. Rev. Stat. §§ 71-1911(7), 71-1912(4) CentersFamily child care View rule Neb. Rev. Stat. §§ 71-1911(7), 71-1912(4)

You must post your license where parents can see it and show license records and inspection reports to anyone who asks. Anyone can also ask DHHS, in writing or by phone, for a program's inspection results by giving its name and address. DHHS releases inspection results on request rather than publishing them in bulk.

Penalties

Neb. Rev. Stat. §§ 71-1911(4), 71-1919–71-1921 CentersFamily child care View rule Neb. Rev. Stat. §§ 71-1911(4), 71-1919–71-1921

DHHS may deny a license or discipline it for rule violations, certain crimes, conduct harmful to children, refusing inspection access, or failing to report abuse. Penalties include a probationary license, suspension or revocation, a civil penalty of up to $5 per licensed child per day, and limits on enrollment, ages or services. After a revocation you can't reapply for 2 years. DHHS may also place a license on voluntary corrective action status for up to 6 months, which is not discipline and can't be appealed.

Unlicensed care

Neb. Rev. Stat. § 71-1914.01–.03 CentersFamily child care View rule Neb. Rev. Stat. § 71-1914.01–.03

When DHHS confirms unlicensed care that needs a license, the provider has 30 days to get licensed or stop. After that DHHS may seek an injunction, and unlicensed care is a Class IV misdemeanor for each day it continues.

15 days to ask for a hearing

Neb. Rev. Stat. § 71-1922 CentersFamily child care View rule Neb. Rev. Stat. § 71-1922

DHHS sends a denial or disciplinary notice by certified mail, naming the rule or statute violated. It becomes final 15 days after mailing unless you send a written hearing request within those 15 days. If you do, your license stays in effect until DHHS's final order. Hearings follow the Administrative Procedure Act (§ 71-1916(5)).

Emergency orders

Neb. Rev. Stat. § 71-1915 CentersFamily child care View rule Neb. Rev. Stat. § 71-1915

If DHHS finds an emergency threatening children's safety it can order immediate action, including stopping care of anyone but your own children, without notice. You must comply at once, and on request you get a hearing within 10 days.