Start a Daycare in Nebraska – Licensing – Regulations – Laws
Nebraska Daycare Licensing
Child care facilities help out a lot of parents to keep a balanced lifestyle. They ensure that children are kept safe while parents are earning a living. Every parents needs assurance from the child care facility that they will take care of the infants and toddlers. Plus, it is not only there to look after children. Most day care centers are required to have a set program that will teach the children lessons that they need as they grow older. The Nebraska Licensing Department ensures that all daycare, child care and preschools adhere to their strict regulations prior to being granted a license.
Prior to licensing, the department ensures that regulations must be followed in order for the application to the processed. The facility must provide compliance reports, health information report and criminal checks to ensure safety of the children. No facility will be entertained if they are not willing to comply with the set regulations from the department.
The department will not stop with just an approval of the license. They will also make sure that these facilities adhere to the rules even after a few months or years of operation. There are corresponding visits annually and semi-annually to check for these. Even though licensed, any amendments will still be checked for compliance.
Complaints are addressed immediately and subject to investigation by the department. If found that the facility is not adhering to the regulations, the department has the right to revoke or deny the license. Complaints for disciplining students are also very much checked by the department. There is no reason to reprimand or hurt a child for reasons that are unjustified. There are provisions on how to discipline a child as well as the limits when the child will be disciplined.
Staff members are employed under strict compliance. Even one non-compliance with the qualifications will disqualify a child care staff. Each staff member is qualified to have undergone training and is knowledgeable about child development and early childhood education.
Child care centers in Nebraska seek only nothing but the best for the children they are taking care of. All aspects are strictly checked and non-compliance has its consequences. Parents who wish to send their children to these day care facilities can ensure that their children are safe.
NEBRASKA LICENSE ISSUANCE PROCESS
(I) Daycare Homes
- Daycare Home I
The process in applying a license for the Daycare Home should be accomplished by the members of the facility. It should be indicated that the applicant work in compliance with the regulations for Daycare Home I. Part of the application requirements include the affidavit, rules compliance list, health report and criminal reports, if any.
There will be an inspection referral which will be sent by the Department staff to the Fire Marshal for inspection of health and safety of the daycare home.
Fees:
(a) The license fee and the fire inspection fees are non-refundable which need to be submitted on the day of the application and will have to paid yearly. It can be paid in money order of check only.
(b) The State Fire Marshal determines the amount that has to be paid for the inspection
Maximum License Capacity
It will be determined based on which is fewer between:
(a) Space available in the child care home
(b) Number authorized by the State Fire Marshal after inspection of the child care facility
Pre-Licensing Visits Are Required as Follows:
(1) Checking compliance with the licensing rules by the Department of Health and Human Services. There is a checklist provided that must be followed by the licensee and providers.
(2) Fire safety inspection by the State Fire Marshal to check for safety compliance with the standard of the department.
Changing License Types
* Provisional Daycare Home I to Daycare Home II
(1) Changing the provisional license from Home I to Home II requires the following:
(a)Follow the application process from the State Department step by step
(b)Undergo another visit by the Department even upon completion of the 60-day visit to check compliance with the regulations they have set
(c) Documentation may be done via telephone in informing whether the Family Child Care Home II regulations have been met.
(2) There are no fees that have to be paid by the applicant.
(3) Referrals will be made by the Department for corresponding fire and health inspections.
(4) No orientations are required to be attended for prior to application and operation of the amended license
* Operating Daycare Home I to Operating Daycare Home II
(1) Currently operating Daycare Home I may amend their license to a Daycare Home II. They need to be licensed for at least one year with no bad records with the departments. The Daycare Home II license will be issued based from the date of amendment.
(2) No license fees need to be paid. Fire inspection fees may apply.
(3) Referrals are made by the Department for health and fire inspection.
(4) No orientations required before operation of amended license.
*Provisional Daycare Home II to Provisional Daycare Home I
(1) It is allowed by the department to amend existing provisional daycare home II license to a provisional daycare Home I license Amendment from a provisional daycare home II license to a provisional daycare home I is allowed and will be issued from the amendment date to the expiration of the previous license.
(2) No license fees have to be paid. No orientations required before operation.
(3) The fire marshal who approved the Daycare Home II fire inspection can approve the Daycare Home I if the address is still the same. For a different address, a new inspector will be assigned with corresponding fees.
(4) No orientations needed prior to operations of the amended license.
Operating Daycare Home II to Operating Daycare Home I
(1) It is allowed by the department to amend existing operating daycare home II license to an operating daycare Home I license. Amendment from operating daycare home II license to operating daycare home I will be issued from the date of amendment.
(2) Application must be completed and the daycare must be license for a year with good records.
(3) No license fees need to be paid.
(4) No license fees have to be paid. No orientations required before operation.
(5) The fire marshal who approved the Daycare Home II fire inspection can approve the Daycare Home I if the address is still the same. For a different address, a new inspector will be assigned with corresponding fees.
(6) No orientations needed
Background Checks
- Nebraska Child Abuse and Neglect Central Registry:
(a) Clearance from the Nebraska Child Abuse and Neglect Central Registry must be obtained by the department staff for applicant, provider, licensee, staff members and substitutes.
(b) Child care provided at home still requires corresponding clearance for all household member 13 years old or older or any person constantly staying in the premises 13 years or older.
(c) If found to be an offender prior to April 18,1944 per checking the records, the facility will be notified and the department will undergo process for denial or revocation of license.
2. Nebraska Adult Protective Services Central Registry:
(a) Clearance from the Nebraska Adult Protective Services Central Registry must be obtained by the department staff for applicant, provider, licensee, staff members and substitutes.
(b) Child care provided at home still requires corresponding clearance for all household member 18 years old or older.
(c) If found to be an offender as per the Nebraska Adult Protective Services Central Registry, the facility will be notified and the department will undergo process for denial or revocation of license.
3. Felony/Misdemeanor Statements:
(a) A signed and accomplished Felony/ Misdemeanor Statement must be submitted by the applicant, provider, licensee, staff members and substitutes to the department staff.
(b) Child care provided at home still requires corresponding signed statement for all household members19 years old or older. This should also include any adjudications for juveniles as adults.
(c) The department has the right to request more information from the provider, and law enforcement agencies if needed in the accreditation.
(d) If found to have an offense/ criminal history, the facility will be notified and the department will undergo process for denial or revocation of license.
- Daycare Home II
INSTRUCTIONS FOR APPLYING FOR AN OPERATING DAYCARE HOME II LICENSE
These are the following requirements needed in order to apply for an operating license that is non-expiring. These must be accomplished and submitted to the Department as soon as possible:
- Daycare Home II Application
- License Fee amounting to $25.00; must be in check payment to State of Nebraska and cash will not be accepted. Payment is non- refundable
- Misdemeanor/Felony Clearance of the providers and household members who are 19 years or older.
- First Aid Training Certificate Copy
- CPR Training Certificate Copy
- Certificate of Completion for 12 hours in-service training within the provisional year. In complete training must be completed before another application will be processed.
(e) Certificate of completing at least 8 hours of training and a concrete plan on how to complete 4 more hours of the training required. This shall be complete before the expiration of the provisional license.
(II) Child Care Centers
Pre-Licensing Visits
Preliminary Visits are done by:
(a) The Department of Health and Human Services Regulation for sanitation inspection and compliance with licensing regulations.
(b) State Fire Marshal for fire and safety inspection and check compliance with the regulations set.
Required Materials
The following materials have to be files for the license application to proceed :
- Accomplished application form with all the complete and updated information of the child care center
- Documented compliance with the departments rules for safety and sanitation
- Certificate of attendance to the preservice orientation
- The sketch and blueprint of the daycare center with the playing area and rooms that will be used
- Daily schedule for each age group
- Weekly menu served to children
Maximum License Capacity
It will be determined based on which is fewer between the investigations done by the following:
(a) Space available in the child care home
(b) Number authorized by the State Fire Marshal
Fees
(a) The license fee and the fire inspection fees are non-refundable which need to be submitted on the day of the application and will have to paid yearly. It can be paid in money order of check only.
(b) The State Fire Marshal determines the amount that has to be paid for the inspection
Visits
Types of visits that the department may conduct are initial visits, annual visits, semi-annual visits, technical assistance visits, complaint investigations or amendment visits.
(a) Initial Visits
- These are scheduled visits by the department to assess any compliance with the applicable regulations.
(b) Annual Visits
- Unannounced annual visits are done for child care center with less than 30 children to asses any compliance with the regulations.
(c) Semi- Annual Visits
- Unannounced visits to assess compliance with the regulations of the Department. These are done for centers having a license for 30 or more children.
(d) Amendment Visits
- Visits done in the event that there is change in either location, building, director, owner, age group of children and hours of operation.
(e) Complaint Investigations
- Unannounced visits that will address to reports of alleged maltreatment of children, licensing violations and unlicensed care.
(f) Technical Assistance Visits
- Visits that are done upon request of the child care center directors for improvement of the facility.
Upon visiting the child care center, there will be a compliance review that will be submitted that indicates the compliance with the rules set by the department. These will be given the childcare facility and the recommended plan of action that must follow.
Documentation of Visits
(1) Licensing Activity Visits
(a) Review for compliance except for technical assistance visits. Providers will be given a checklist to be reviewed and to include comments on the review.
(b) Forms to complete initial license applications, inspections or amendments must be accomplished and submitted.
(c) Referrals for sanitation and fire safety are made to the right agencies complete with documentations proving inspections.
(d) The provide may request referrals to the HHS programs when there is non-compliance determined.
(2) Complaint Visits
(a) Allegations of non-compliance with license child care and unlicensed complained are encoded in the automated Child Care Complaint System.
(b) Compliance reviews are completed during the complaint visit. They will be allowed to comment on the reports and also provided with a checklist of the regulations.
(3) Referrals
(a) Child Protective Services/Law Enforcement
- Responsible for processing complaints for child abuse or neglect.
(b) Sanitation/ health and Fire Safety
- Responsible for processing complaints for health, sanitation or fire safety complaints.
(c) County Attorney
- Responsible for processing the application to obtain a license for the child care center.
- Responsible for following up contacts in the Department staff to check requirements for a license.
(d) Other referrals
- The child care center may request for referrals to the Department programs in potential non-compliance with the regulations.
- These referrals may include concerns with:
- Alternative Compliance
- Multiple Licenses
- Voluntary Closure/Expiration
- Voluntary Licensure
- Complaints Alleging Unlicensed Care
- Reapplication after Suspension or Revocation
- Denial of a License
- Appeal Process
- If the inspection referrals indicate any disapproval, staff shall proceed with actions necessary to deny or revoke the child care license.
(III) Preschools
Required Materials
The following must be submitted in order to proceed with the license application:
(1) Accomplished application for with complete and accurate information about the staff member of the preschool.
(2) Compliance with the fire safety rules set by the Department of Health and Human Services
(3) Attended any preservice orientation for the preschool
Maximum license capacity
It will be determined based on which is fewer between:
(c) Space available in the child care home
(d) Number authorized by the State Fire Marshal
Fees
(c) The license fee and the fire inspection fees are non-refundable which need to be submitted on the day of the application and will have to paid yearly. It can be paid in money order of check only.
(d) The State Fire Marshal determines the amount that has to be paid for the inspection for health and safety requirements.
CHILD CARE CENTERS
(1) Administration
Current administration of the child care centers should be organized and make sure they provide all needs of the children. Responsibilities that a child care center has are the following:
(a) Annual license fees must be paid by the child care center.
(b) Current license must be posted in an obvious are in the center.
(c) Visits by parents must be allowed during the operation hours.
(d) Children’s Record must be filed by the center having the same information withing 30 days from enrollment including immunization records and compliance with the Nebraska Department of Health and Human Services.
(e) Staff Records must be files with information such as name, address, contact details, health information report, passed staff qualifications, employment history and background checks.
(2) Staff Qualifications
Staff members are ensured to have the right qualifications in order to be trusted to take care of the children in the facility. Each and every employee of the facility must adhere to the following qualifications set by the department.
(a) The director must provide written information that the staff qualifications have been met. This will be submitted to the Department of Health and Human Services.
(b) All employees must submit their Health Information Report within30 days from date of employment which has current information at least 6 months before hiring.
(c) The child care center will not allow accept employees or volunteers that have records of crimes for intentional bodily harm, violence or use of controlled substances.
(3) Registry Checks
Clearance will be given by the Department of Health and Human Services for employees as per checking the Nebraska Central Registry and Child Abuse and Neglect and the Nebraska Adult Protective Services Registry. Any records which is seen in these registry will immediately notify the facility and corresponding plan of action following this.
(4) Director Qualifications
- Licensed Centers with Over 22 Children
- Must have graduate high school or have a general education degree with 2 years experience in conducting organized group activities for children.
- Completed 6 credits of services for child care administration or early child hood education.
- Holds a child development associate credential certificate
- Holds an associate degree in child development, child care administration or early childhood education
- Holds a bachelor degree with 6 credits at least in child development or early childhood education
- Holds a bachelor’s degree in child development or early childhood education
- Licensed Centers with Less Than 22 Children
In addition to the previous qualifications listed, other qualifications for the director are:
- Written plan that will show how to obtain at least 6 credit hours from an in-service area of child development, child care administration or early childhood education within 12 months.
- Provide two non-relative references prior to hiring; one a previous child care employer at least.
(5) Programs
Written daily schedule must be submitted and must include information like:
(a) Physical care routines indicating meals and snacks, rest time and handwashing schedules
(b) Indoor and outdoor play for individual and group play. In relation to this, the number of children allowed outside and the ration to the staff member must be indicated to ensure that the children are being watched over properly by the staff members
(6) Meals and Snacks
Meals, morning and afternoon snacks are served regularly. These must be approved with the US Department of Agriculture standards for nutrition.
Meals will be served for school age children that arrive in the facility after school hours.
(7) Discipline
The center shall ensure that no child is left alone, pinched, punched, shaken,
struck with any object, bitten, or spanked by staff; a brief, supervised separation from the group may be used.
Children may not be disciplined in any manner such as:
(a) Denial of food and drinks
(b) Forced sleep/napping and isolation from the rest of the group
(c) Use of derogatory remarks and yelling or screaming
(d) For toilet accidents
(e) For refusing medication when administered.
(8) Child Health
(a) CPR/ First Aid
There must also be at least one staff member present at all times who has undergone training in CPR and first aid. It must be shown in records to prove this presence. The training must be done by a trainer accredited by the American Heart Association, American Red Cross, the National Safety Council, or Emergency Medical Planning America (Medic First Aid).
(b) First Aid Suppliers
First aid supplies must always be present in the child care facility. These should include band aids, gauze pads, tape and thermometer. These must not be accessible to the children but is kept in a secure place where staff members can easily access when needed.
(c) Delivery of Medication
Medication is needed to be given to ill children in the facility. There are “5 Rights” that must be followed in administering medication based on the Nebraska Statutes to ensure that children’s health are taken care of by the facility. These are as follows:
1. The right drug for a specific condition
2. The right recipient for the specific drug
3. In the right dose depending on the age of the child
4. By the right route
5. At the right time
(d) Smoking, Alcohol, Controlled Substances
Staff members must not smoke in front of children in the premises. It must be done outside where no trace of smoke can enter the child care facility. Alcohol and controlled substances must not be taken within hours of operation.
(e) Hand Washing
Hand washing is a must for staff member before and after giving any medication. Contact with bodily fluids requires strict hand washing after.
(f) Water Supply
The licensee ensures the following when it comes to water supply
- Must be from an approved sources located in an area where it will be free from pollution and contamination.
- Must be adhere to the standards set by the Nebraska Department of Health and human Services Regulation for tests of the absence of bacteria and harmful substances.
- Must have it tested for bacteria at least once a year.
- Pressurized running water is provided.
- Hot water must always be available for cleaning and sanitizing utensils. The water heating tank must have a valve indicating the temperature and pressure reading.
- Drinking water must be supplied from fountains with adequate filtering and sanitary dispensers.
- Water fountains must have a mouth guard with pressurized water coming out and prevent contact with the mouth guard.
Worker Qualifications
Staff member must be of legal age to be qualified and must have the following:
(1) They should have a written, and plan approved by the department to have 3 credit hours of in-service training in child development, child care administration and early childhood education. This must be accomplished within a year from employment date.
(2) A CDA
(3) Bachelor’s or associate degree in a field in child development and education for children ages 0-12 years old. This includes early childhood education, child development, elementary education, or special education.
(4) 1 year experience in this field and a positive reference from the supervisor.
Contacts For Corresponding Child Care Applications:
Douglas and Sarpy Counties
Nancy Jones
Department of Health and Human Services, Division of Public Health
Children’s Services Licensing
1801 North 73rd St.
Omaha, Ne 68114
Telephone: (402) 595-3343
All Other Nebraska Counties:
Denise Wooten
Department of Health and Human Services, Division of Public Health
Children’s Services Licensing
PO Box 94986
Lincoln, Ne 68509
Telephone: (402) 471-9562 or
1-800-600-1289
Child Care Licensing Agency
Nebraska Department of Health and Human Services
P.O. Box 94986
Lincoln, NE 68509-4986
Phone: (402) 471-1802
Toll Free: (800) 600-1289
Fax: (402) 471-7763
Child Care Subsidy Agency
Nebraska Department of Health and Human Services
P.O. Box 95044
301 Centennial Mall South, 4th Floor
Lincoln, NE 68509
Phone: (402) 471-9434
Toll Free: (800 430-3244
Fax: (402) 471-9597
Head Start – State Collaboration Office
Nebraska Department of Education
301 Centennial Mall South
P.O. Box 94987
Lincoln, NE, 68509-4987
Phone: (402) 471-3501
Fax: (402) 471-0117
Child Care Food Program Agency
Child Nutrition Programs
State Department of Education
301 Centennial Mall South
Lincoln, Nebraska 68509-4987
Phone: (402) 471-3566
Fax: (402) 471-4407
State Child Care Resource & Referral Contact
Nebraska Resource and Referral System
University of Nebraska
Lincoln 121 S. 13th St., Suite 302
Lincoln, NE 68588-0227
Phone: (402) 472-0844 (in Lincoln) or (402) 472-3479
Toll Free: (800) 746-8420
Office of Child Support Enforcement
Office of Economic & Family Support
Department of Health and Human Services
P.O.Box 94728
Lincoln, Nebraska 68509-4728
Phone: (402) 471-1400
Fax: (402) 471-7311
Child Abuse Reporting Hotline
To report suspected child abuse in Arkansas, Toll-Free: (800) 482-5964.
For national child abuse information, call Childhelp®, 800-4-A-CHILD (800-422-4453), or your local CPS agency.
