Nebraska requires state licensing for family child care homes serving four or more unrelated children. The Department of Health and Human Services administers uniform standards that municipalities cannot override with stricter capacity rules.
Neb. Rev. Stat. sections 71-1908 through 71-1916.01 require any home caring for four or more children from more than one family to obtain a Family Child Care Home I license from the Department of Health and Human Services. Home I providers may serve up to ten children, while Home II licenses allow up to twelve children with two caregivers. Licensing covers background checks, training, fire and health inspections, and zoning verification. Cities cannot prohibit licensed family child care homes in residential zones under the protection of state statute, though reasonable parking and signage rules apply. Unlicensed providers serving more than three children face administrative and criminal penalties.
Operating without a license may result in cease-and-desist orders, civil penalties up to $1,000 per violation, and Class III misdemeanor charges for repeated unlicensed operation.
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