Nebraska Childcare Licensing
Nebraska Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in Nebraska, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. In Nebraska a person may operate child care for three or fewer children without a license; a license is required to operate a program for four or more children (from families other than the provider's own) under the provider's direct supervision, care, and control at any one time (Neb. Rev. Stat. 71-1911(1)-(2)).
Last updated: April 2026
Researched by the TotReady Research TeamNebraska License Exemption Threshold: The Specifics
In Nebraska a person may operate child care for three or fewer children without a license
Neb
a license is required to operate a program for four or more children (from families other than the provider's own) under the provider's direct supervision, care, and control at any one time (Neb. Rev.
from families other than the provider's own
A Family Child Care Home I serves at least 4 but not more than 8 children, except a licensee may be approved to serve up to two additional school-age children during non-school hours (working maximum of 10, with the 9th and 10th children being school-age) if no more than two of the other children in care are under 18 months of age
working maximum of 10, with the 9th and 10th children being school-age
in mixed-age care the program may serve up to three infants if no more than two are under 12 months of age.
definitions at 391 NAC 1-002
A Family Child Care Home II is licensed to serve at least 4 but not more than 12 children (definitions at 391 NAC 1-002
at 391 NAC 1-002
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Nebraska License Exemption Threshold: Frequently Asked Questions
How many children can I care for in Nebraska without a license?
In Nebraska a person may operate child care for three or fewer children without a license; a license is required to operate a program for four or more children (from families other than the provider's own) under the provider's direct supervision, care, and control at any one time (Neb. Rev. Stat. 71-1911(1)-(2)).
What is the penalty for operating unlicensed in Nebraska?
Operating above the Nebraska exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the Nebraska Department of Health and Human Services (DHHS), Division of Public Health, Licensure Unit - Children's Services Licensing (Child Care Centers) about the correct credential before you begin.
Does Nebraska offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether Nebraska offers a voluntary registry with the Nebraska Department of Health and Human Services (DHHS), Division of Public Health, Licensure Unit - Children's Services Licensing (Child Care Centers).
Nebraska childcare licensing rules are amended regularly. This page is compiled from published Nebraska administrative codes and statutes for informational purposes only — always verify current requirements with the Nebraska Department of Health and Human Services (DHHS), Division of Public Health, Licensure Unit - Children's Services Licensing (Child Care Centers) before relying on them. TotReady provides information and document templates, not legal or regulatory advice.