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Nebraska Statewide Rule

Nebraska Family Child Care Home Licensing Statute

Some RestrictionsApplies statewide across Nebraska (2026)

Key Facts

Statute
Neb. Rev. Stat. 71-1908
Home I capacity
Up to ten children
Home II capacity
Up to twelve children
License required at
Four unrelated children
Last verified: August 21, 2026Source: Nebraska Legislature

Summary

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.

A person may operate child care for three or fewer children without having a license issued by the department. A person who is not required to be licensed may choose to apply for a license and, upon obtaining a license, shall be subject to the Child Care Licensing Act. A person who has had a license issued pursuant to this section and has had such license suspended or revoked other than for nonpayment of fees shall not operate or offer to operate a program for or provide care to any number of children until the person is licensed pursuant to this section.

Source: Nebraska LegislatureView official code

Full Breakdown

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.

Violations & 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.

Frequently Asked Questions

When is a Nebraska child care home license required?
When caring for four or more children from more than one family, excluding the provider's own children, a state Family Child Care Home license is required.
Can my city ban a licensed home daycare?
No. Nebraska state law generally permits licensed family child care homes as a residential use, though municipalities may regulate parking, signage, and other reasonable accessory standards.
What does the licensing process include?
Applicants must complete background checks, training, a home inspection, fire and health review, and meet ratios for staff supervision before receiving a state license.

Sources

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