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Daycare guide · checked October 2026

How to start a daycare in Nebraska

In Nebraska, opening a daycare means meeting the rules of the Nebraska Department of Health and Human Services (DHHS), Division of Public Health, Licensure Unit (Child Care Licensing). This guide covers who needs a license, the rules your rooms and staff must meet and the steps to open, with links to the official rules. The Nebraska rules were checked in October 2026.

Who needs a daycare license in Nebraska

Child care for four or more children at a time generally needs a DHHS license under the Child Care Licensing Act (Neb. Rev. Stat. §§ 71-1908 to 71-1923). Rules exist for Family Child Care Homes I and II, child care centers (13 or more children), school-age-only centers (13 or more children in kindergarten or above) and preschools (391 NAC chapters 1-5).

Programs that may not need a license: Exempt programs include services offered only to school-age children during summer and other long school breaks, programs run or contracted by a public school district under State Department of Education rules, recreation camps (Neb. Rev. Stat. § 71-3101), and recreation programs run by a city, county or other local government. Care averaging less than two hours a week and care only for children 13 and older are also exempt (391 NAC 3-001.02 and 4-001.02). Exempt programs may still choose to be licensed.

Licensing agency: Nebraska Department of Health and Human Services (DHHS), Division of Public Health, Licensure Unit (Child Care Licensing)

Sources: 391 NAC 3-006 Standards of Operation and Care (Cornell LII copy of the Nebraska Administrative Code); 391 NAC 3-001 Scope and exemptions (Cornell LII); 391 NAC 4-006 School-age-only centers (Cornell LII); ChildCare.gov Nebraska licensing resources (links to DHHS pages)

Staff-to-child ratios in Nebraska centers

AgesChildren per staff memberLargest group
3 years1:10Not set
4 years1:12Not set
5 years1:12Not set
School-age (kindergarten and up)1:15Not set

Rule: 391 NAC 3-006.15C (child care centers); 391 NAC 4-006.14C (school-age-only centers). Nebraska uses a '4 and 5 years' band (1:12). A child counts as school-age (1:15) once in kindergarten, so a 5-year-old in kindergarten is 1:15. Ratios are measured center-wide, and the rules set no maximum group size. Two staff must be on the premises unless there are 12 or fewer children (or 15 or fewer when all are school-age). Center rules effective February 20, 2013.

Background checks

Under the center rules, the licensee, every staff member and volunteer aged 19 or older (and household members if the center is in a home) need a criminal history check before employment, through the Nebraska State Patrol or local law enforcement. Everyone must also clear the Nebraska child abuse/neglect central register (age 13 and older), the adult protective services registry (18 and older) and the State Patrol sex offender registry before caring for children (391 NAC 3-006.03). The recreation camp rules contain no background check requirement.

Sources: 391 NAC 3-006.03 (Cornell LII)

Reporting child abuse

Nebraska requires any person who suspects child abuse or neglect to report it, not only listed professionals. Reports go to law enforcement or the DHHS hotline. Center directors must immediately report, or make sure a report is filed, with the Child Abuse-Neglect Hotline and/or local law enforcement (391 NAC 3-006.02).

Child abuse hotline: 1-800-652-1999. In an emergency, call 911.

Sources: Child Welfare Information Gateway, Mandatory Reporting of Child Abuse and Neglect (current through May 2023); Nebraska Department of Education hotline poster; 391 NAC 3-006.02 (Cornell LII)

Steps to open a daycare in Nebraska

1. Choose a daycare center or a home daycare

States license daycare centers and home daycares (often called family child care homes) under different rules, with different limits on how many children you can care for. Decide which one you're starting before anything else.

Nebraska's license types are described in Who needs a daycare license above. Learn what families near you need, too: your local Child Care Resource and Referral agency (CCR&R) can tell you which ages and hours are hard to find, and our Nebraska program finder lists licensed centers near you.

2. Contact DHHS

Daycare licensing in Nebraska is handled by the Nebraska Department of Health and Human Services (DHHS), Division of Public Health, Licensure Unit (Child Care Licensing). Contact it before you sign a lease or buy equipment, and ask, in writing if you can:

  • Which license type fits our plans, and how many children can it cover?
  • Is there an orientation or pre-licensing training, and when is the next one?
  • Which inspections and clearances do we need (licensing, fire, health and zoning)?
  • What does it cost to apply, and how long does approval usually take?
  • What do we need to do to accept families who use childcare assistance?

3. Choose a business structure

A daycare can run as a business (such as an LLC) or as a nonprofit, or under an existing nonprofit such as a church. Talk with an accountant or lawyer before you file anything, and get an employer identification number (EIN) from the IRS. It's free.

4. Find a space that can pass inspection

Check zoning before you sign a lease. Then ask the building department, the fire marshal and DHHS what the space needs, including how much indoor and outdoor space per child Nebraska requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.

5. Plan your rooms around the ratios

Nebraska's ratios for the ages it confirmed are in the table above. They decide how many staff each room needs, so they shape your whole budget. For infants and toddlers, ask DHHS.

6. Hire staff and run background checks

Run the checks in Background checks for daycare staff above before anyone starts.

Federal rules also require comprehensive background checks for staff of every licensed, regulated or registered childcare provider and every provider that can take childcare assistance. Teach every staff member how to report suspected abuse or neglect (see Reporting child abuse above).

7. Get insured

Talk early to an insurance broker who works with childcare programs. Ask about general liability, abuse and molestation coverage, property coverage and workers' compensation, plus auto coverage if you'll transport children. A home daycare should tell its homeowner's or renter's insurer, since those policies may limit business use.

8. Build a budget and set tuition

Start with payroll (see step 5), then add rent, food, supplies and insurance. Compare your numbers with what other daycares near you charge, and set prices for the enrollment you expect, not a full room. Write down your deposit, late payment, late pickup and absence policies before you enroll anyone.

9. Add childcare assistance and the food program

Ask Nebraska's childcare assistance office how to become an approved provider for families who get help paying for care, and ask about the USDA Child and Adult Care Food Program (CACFP), which reimburses eligible daycares for meals and snacks. Programs that take childcare assistance must meet federal health and safety requirements, including background checks, training and inspections.

10. Prepare your enrollment forms and policies

Ask DHHS which records you must keep for each child. Have your forms ready before you enroll anyone, and collect everything before a child's first day.

Medication in Nebraska. Staff may give prescription or over-the-counter medication only with prior written permission and written instructions from a parent, following the 'Five Rights' (right drug, child, dose, route and time). A prescriber's written statement is needed for as-needed prescriptions or unusual routes. All medication is kept locked in its original container labeled for the child, and the time and amount of each dose is recorded. Errors must be reported to the parent (391 NAC 3-006.27).

11. Fill your spots

Start enrolling before you open, so you aren't paying staff for empty rooms. Tell your CCR&R you're open, check your listing in the state's childcare search once you're licensed, offer tours and keep a waitlist for each age group.

12. Pass your inspections and open

For licensed programs that can take childcare assistance, federal rules require at least one inspection for health, safety and fire standards before licensing, then an unannounced inspection at least once a year. Schedule yours early, train staff on your policies, emergency plan, safe sleep, allergies, medication and pickup rules, and check every child's file before their first day.

Each step is covered in more depth, with examples and sources, in our national guide to starting a daycare.

What we couldn't confirm

Check these points with the state before you rely on them.

  • We couldn't confirm whether Nebraska now requires FBI fingerprint checks every five years for child care staff (federal child care funding rules require them). The 2013 center rules describe only a State Patrol or local law enforcement check plus registry checks.
  • We didn't confirm the time limit for reports in Neb. Rev. Stat. § 28-711. The 'immediately' wording comes from the center rules for directors.
  • The center rules (391 NAC 3) are dated 2013. We found no later amendment, but couldn't check DHHS's site for newer versions.

Other open points, including camps, are on the Nebraska rules page.

How BackPR helps

BackPR handles registration, enrollment and health forms, recurring tuition with autopay and check-in against each family's authorized pickup list. Families can register and fill in forms in English or Spanish, and parents get receipts and year-end dependent care statements. It's free for nonprofits, with no subscription and no BackPR fees. Payments run on Stripe, and Stripe's processing fees apply. Other programs get pricing by quote. More on BackPR for childcare.

We researched the Nebraska rules on this page in October 2026 using AI research tools (Claude, from Anthropic) that read official state rules and federal sources, and a member of our team checked our summaries against those sources. Rules change and have exceptions, so confirm with DHHS before you rely on this page. This is general information, not legal advice. To report an error, email support@backpr.com.

FAQ

Starting a daycare in Nebraska: questions

Do I need a license to start a daycare in Nebraska?

Child care for four or more children at a time generally needs a DHHS license under the Child Care Licensing Act (Neb. Rev. Stat. §§ 71-1908 to 71-1923). Rules exist for Family Child Care Homes I and II, child care centers (13 or more children), school-age-only centers (13 or more children in kindergarten or above) and preschools (391 NAC chapters 1-5). Ask DHHS which license type fits your plans.

Who licenses daycares in Nebraska?

The Nebraska Department of Health and Human Services (DHHS), Division of Public Health, Licensure Unit (Child Care Licensing). Its website: https://dhhs.ne.gov/licensure/Pages/Child-Care-Licensing.aspx

What are the daycare ratios in Nebraska?

In licensed centers (391 NAC 3-006.15C (child care centers); 391 NAC 4-006.14C (school-age-only centers)): 3 years: 1 adult for every 10 children; 4 years: 1 adult for every 12 children; 5 years: 1 adult for every 12 children; School-age (kindergarten and up): 1 adult for every 15 children.

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