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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 891
Introduced by Hansen, 16; Spivey, 13.
Read first time January 08, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to the Child Care Licensing Act; to amend1
section 71-1918, Reissue Revised Statutes of Nebraska, and sections2
71-1908 and 71-1912, Revised Statutes Supplement, 2025; to provide3
requirements for background checks as prescribed; to change4
requirements for a complaint tracking system; to include volunteers5
in staff-to-child ratios; to provide duties for the Department of6
Health and Human Services; to provide a requirement for political7
subdivisions; to provide a termination date; and to repeal the8
original sections. 9
Be it enacted by the people of the State of Nebraska,10
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Section 1. Section 71-1908, Revised Statutes Supplement, 2025, is1
amended to read: 2
71-1908 (1) Sections 71-1908 to 71-1923.03 and sections 4 and 5 of3
this act shall be known and may be cited as the Child Care Licensing Act.4
(2) The Legislature finds that there is a present and growing need5
for quality child care programs and facilities. There is a need to6
establish and maintain licensure of persons providing such programs to7
ensure that such persons are competent and are using safe and adequate8
facilities. The Legislature further finds and declares that the9
development and supervision of programs are a matter of statewide concern10
and should be dealt with uniformly on the state and local levels. There11
is a need for cooperation among the various state and local agencies12
which impose standards on licensees, and there should be one agency which13
coordinates the enforcement of such standards and informs the Legislature14
about cooperation among the various agencies. 15
Sec. 2. Section 71-1912, Revised Statutes Supplement, 2025, is16
amended to read: 17
71-1912 (1) Before issuance of a license, the department shall18
investigate or cause an investigation to be made, when it deems19
necessary, to determine if the applicant or person in charge of the20
program meets or is capable of meeting the physical well-being, safety,21
and protection standards and the other rules and regulations of the22
department adopted and promulgated under the Child Care Licensing Act.23
The department may investigate the character of applicants and licensees,24
any member of the applicant's or licensee's household, and the staff and25
employees of programs. The department may at any time inspect or cause an26
inspection to be made of any place where a program is operating to27
determine if such program is being properly conducted.28
(2) All inspections by the department shall be unannounced except29
for initial licensure visits and consultation visits. Initial licensure30
visits are announced visits necessary for a provisional license to be31
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issued to a family child care home I, family child care home II, child1
care center, or school-age-only or preschool program. Consultation visits2
are announced visits made at the request of a licensee for the purpose of3
consulting with a department specialist on ways of improving the program.4
(3) An unannounced inspection of any place where a program is5
operating shall be conducted by the department or the city, village, or6
county pursuant to subsection (2) of section 71-1914 at least annually7
for a program licensed to provide child care for fewer than thirty8
children and at least twice every year for a program licensed to provide9
child care for thirty or more children. At each unannounced inspection,10
the inspector shall request from the licensee, and verify, current proof11
of required liability insurance. If the licensee is unable to provide12
current proof of liability insurance or has let the required coverage13
lapse, the department shall notify the licensee that proof of insurance14
shall be provided to the department within three business days. If such15
proof of insurance is not provided to the department within three16
business days, the licensee's license shall be suspended. Licensure shall17
be restored upon the department's receipt and verification of current18
proof of the required liability insurance as provided in section19
71-1911.03. 20
(4) Whenever an inspection is made, the findings shall be recorded21
in a report designated by the department. The public shall have access to22
the results of these inspections upon a written or oral request to the23
department. The request must include the name and address of the program.24
Additional unannounced inspections shall be performed as often as is25
necessary for the efficient and effective enforcement of the Child Care26
Licensing Act. 27
(5)(a) A person applying for a license as a child care provider or a28
licensed child care provider under the Child Care Licensing Act shall29
submit a request for a national criminal history record information check30
for each child care staff member, including a prospective child care31
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staff member of the child care provider, at the applicant's or licensee's1
expense, as set forth in this section. 2
(b)(i) (b) A prospective child care staff member shall submit to a3
national criminal history record information check (A) (i) prior to4
employment, except as otherwise permitted under 45 C.F.R. 98.43, as such5
regulation existed on January 1, 2019, or (B) (ii) prior to residing in a6
family child care home. 7
(ii) Pursuant to 45 C.F.R. 98.43(d)(4), the department shall8
authorize a prospective child care staff member to begin work for a child9
care provider for purposes of employment in child care, or for a staffing10
agency or substitute child care staff pool operator, for the purposes of11
employment in child care as a substitute child care staff member, after12
receiving qualifying results for either the national criminal history13
record information check as described in subdivision (5)(d) of this14
section or in subdivision (5)(e)(ii)(A) of this section in the state15
where the prospective staff member resides. Pending completion of all16
background check components, the staff member shall be supervised at all17
times by an individual who received a qualifying result on a background18
check described in subsection (5) of this section within the past five19
years. 20
(c)(i) (c) The department shall provide documentation of national21
criminal history record information checks which proves eligibility for22
employment. Such documentation shall be made available to each child care23
staff member or prospective child care staff member by the applicant or24
licensee for at least one hundred eighty days after the last day of25
employment or date the documentation was provided by the department,26
whichever is later. 27
(ii) Pursuant to 45 C.F.R. 98.43(d)(3), a child care provider,28
staffing agency, or substitute child care staff pool operator shall not29
be required to submit a request for a national criminal history record30
information check for a child care staff member or prospective child care31
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staff member if: 1
(A) The child care staff member or prospective child care staff2
member received qualifying results from a background check described in3
subdivisions (5)(d) and (5)(e) of this section: 4
(I) Within five years before the latest date on which such a5
submission may be made; and 6
(II) While employed, or seeking employment, in child care within the7
state; 8
(B) The department provided to the first child care provider,9
staffing agency, or substitute child care staffing pool operator a10
qualifying background check result for the child care staff member or11
prospective child care staff member; and 12
(C) The child care staff member or prospective child care staff13
member is employed in child care within the state, or has been separated14
from employment in child care within the state for a period of not more15
than one hundred eighty consecutive days. 16
(d) A child care staff member shall be required to undergo a17
national criminal history record information check not less than once18
during each five-year period. A child care staff member shall submit a19
complete set of his or her fingerprints to the Nebraska State Patrol. The20
Nebraska State Patrol shall transmit a copy of the child care staff21
member's fingerprints to the Federal Bureau of Investigation for a22
national criminal history record information check. The national criminal23
history record information check shall include information concerning24
child care staff members from federal repositories of such information25
and repositories of such information in other states, if authorized by26
federal law for use by the Nebraska State Patrol. The Nebraska State27
Patrol shall issue a report to the department that includes the28
information collected from the national criminal history record29
information check concerning child care staff members. The department30
shall seek federal funds, if available, to assist child care providers31
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and child care staff members with the costs of the fingerprinting and1
national criminal history record information check. If the department2
does not receive sufficient federal funds to assist child care providers3
and staff members with such costs, then the child care staff member being4
screened, applicant for a license, or licensee shall pay the actual cost5
of the fingerprinting and national criminal history record information6
check, except that the department may pay all or part of the cost if7
funding becomes available. The department and the Nebraska State Patrol8
may adopt and promulgate rules and regulations concerning the costs9
associated with the fingerprinting and the national criminal history10
record information check. The department may adopt and promulgate rules11
and regulations implementing national criminal history record information12
check requirements for child care providers and child care staff members.13
(e) A child care staff member shall also submit to the following14
background checks at his or her expense not less than once during each15
five-year period: 16
(i) A search of the National Crime Information Center's National Sex17
Offender Registry; and 18
(ii) A search of the following registries, repositories, or19
databases in the state where the child care provider is located or where20
the child care staff member resides and each state where the child care21
provider was located or where the child care staff member resided during22
the preceding five years: 23
(A) State criminal registries or repositories;24
(B) State sex offender registries or repositories; and25
(C) State-based child abuse and neglect registries and databases.26
(f) Documentation of eligibility for employment in child care from a27
national criminal history record information check Background checks28
shall be portable between child care providers, child care staff members,29
prospective child care staff members, staffing agencies, and substitute30
child care staff pool operators. 31
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(g) Any individual shall be ineligible for employment by a child1
care provider if such individual: 2
(i) Refuses to consent to the national criminal history record3
information check or a background check described in this subsection;4
(ii) Knowingly makes a materially false statement in connection with5
the national criminal history record information check or a background6
check described in this subsection; 7
(iii) Is registered, or required to be registered, on a state sex8
offender registry or repository or the National Sex Offender Registry; or9
(iv) Has been convicted of a crime of violence, a crime of moral10
turpitude, or a crime of dishonesty. 11
(h) The department may adopt and promulgate rules and regulations12
for purposes of this section. 13
(i) A child care provider shall be ineligible for a license under14
the Child Care Licensing Act and shall be ineligible to participate in15
the child care subsidy program if the provider employs a child care staff16
member who is ineligible for employment under subdivisions (g) or (h) of17
this subsection. 18
(j) National criminal history record information and information19
from background checks described in this subsection subject to state or20
federal confidentiality requirements may only be used for purposes of21
granting a child care license or approving a child care provider for22
participation in the child care subsidy program. 23
(k) For purposes of this subsection: 24
(i) Child care provider means a child care program required to be25
licensed under the Child Care Licensing Act; and 26
(ii) Child care staff member means an individual who is not related27
to all of the children for whom child care services are provided and:28
(A) Who is employed by a child care provider for compensation,29
including contract employees or self-employed individuals;30
(B) Whose activities involve the care or supervision of children for31
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a child care provider or unsupervised access to children who are cared1
for or supervised by a child care provider; or 2
(C) Who is residing in a family child care home and who is eighteen3
years of age or older. 4
Sec. 3. Section 71-1918, Reissue Revised Statutes of Nebraska, is5
amended to read: 6
71-1918 The department shall maintain a complaint tracking system7
which shall identify licensing violations discovered from a complaint8
investigation, an unannounced inspection, or a self-report investigation9
for licensees under the Child Care Licensing Act. 10
Sec. 4. (1) No child care program licensed under the Child Care11
Licensing Act shall be prohibited from including a volunteer in the12
staff-to-child ratio if (a) the volunteer submits to a national criminal13
history record information check and all other background checks as14
required in section 71-1912, (b) is supervised at all times by an15
individual who received a qualifying result on a background check, and16
(c) meets staff qualifications if working more than twenty hours per week17
in a licensed child care center, school-age-only center, or preschool. No18
child care program licensed under the Child Care Licensing Act shall be19
prohibited from including a volunteer in the unsupervised staff-to-child20
ratio, if the volunteer (a) submits to a national criminal history record21
check and all other background checks as required by section 71-1912 and22
(b) meets staff qualifications and training requirements.23
(2) The department shall adopt and promulgate rules and regulations24
to include volunteer staff who provide direct care to children and any25
other individual who counts in the staff-to-child ratio in the definition26
of staff in all licensed settings under the Child Care Licensing Act.27
(3) This section terminates on December 31, 2028.28
Sec. 5. No political subdivision shall institute residency29
requirements for any family child care home. 30
Sec. 6. Original section 71-1918, Reissue Revised Statutes of31
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Nebraska, and sections 71-1908 and 71-1912, Revised Statutes Supplement,1
2025, are repealed. 2
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