How to Start a Child Care Business in Nebraska: DHHS License for 4 or More Children, $25 or $50 Fee and Fingerprinting Costs
How to Start a Child Care Business in Nebraska: DHHS License for 4 or More Children, $25 or $50 Fee and Fingerprinting Costs
If you plan to care for children in your home or a leased building, the first question is whether Nebraska requires a license. The answer depends on one number: how many children from different families you care for at the same time. If it is four or more, you need a license from the Nebraska Department of Health and Human Services (DHHS) Child Care Licensing unit. If it is three or fewer, you generally do not, although a few exceptions exist.
This guide walks through the Nebraska child care license process from start to finish: who needs one, which license type fits, what paperwork and insurance you need, what the $25 or $50 fee covers, how background checks work, and what the first year looks like. It also covers the business registrations that sit alongside the child care license, since Nebraska does not have a general state business license.
Who Needs a Nebraska Child Care License
Under Neb. Rev. Stat. 71-1911, anyone caring for four or more children from different families must hold a DHHS Child Care Licensing license. Care for three or fewer children from different families does not require a license under that rule. Two details matter here:
- Know how the count works. DHHS counts children from different families, and the statute counts children from families other than the provider's own. Confirm with DHHS how the threshold applies to siblings or when your schedules overlap or when you take drop-in children.
- Check the local grandfather provision. A city or county that regulated programs caring for 2 to 3 children in 1984 may continue that regulation. If you live in such a jurisdiction, ask both DHHS and your local government how it applies to you.
Some arrangements are excluded from licensing, including casual care and certain school and religious programs. The exclusions are narrow and fact-specific, so describe your exact setup to DHHS in writing before you start operating rather than assuming you qualify.
License Types and Capacity
DHHS issues licenses by program type. Choose the type that matches your setting, because the type controls the rules that apply to your program.
- Family Child Care Home I
- Family Child Care Home II
- Child Care Center
- Preschool
- School-Age-Only Center
Capacity limits differ by license type, and the Act was amended in 2024 and again in 2026. Do not rely on older guides for the number of children you can enroll. Ask DHHS Child Care Licensing for the current capacity rules for the type you are considering before you sign a lease, buy equipment, or advertise enrollment.
What You Need Before You Apply
Gather these items before you start the application. Having them ready shortens the process and reduces the chance of a returned application.
- A business structure decision. Most operators work as a sole proprietor or form an LLC or corporation. Forming an entity requires a filing with the Nebraska Secretary of State.
- A business name you have checked in the Secretary of State business search.
- A written certificate of liability insurance showing at least $100,000 per occurrence.
- The address of the home or facility, plus confirmation that city or county zoning allows child care at that location.
- A current list of every adult who will work with children and every household member DHHS requires to be checked, with dates of birth and contact details.
- Information about your program, such as the ages you plan to serve and your planned hours. Confirm the current application form with DHHS.
- The $25 or $50 license fee, based on your planned enrollment (see the fee table below).
- A Nebraska Department of Revenue account, if you will make taxable sales or have employees.
Step-by-Step: Getting Licensed in Nebraska
- Confirm you need a license. Count the children from different families you plan to care for at one time. Four or more means you need a license. Put your questions about exclusions and the 1984 provision in writing to DHHS Child Care Licensing so you have a record.
- Choose your license type. Match the type to your setting and planned enrollment. Confirm the current capacity limits for that type with DHHS before you finalize your plans.
- Set up your business entity. If you form an LLC, file a Certificate of Organization with the Nebraska Secretary of State. The filing fee is $100. If you incorporate, the filing fee is also $100, and you file Articles of Incorporation, which the filer drafts. You can submit documents through the Corporate and Business Document eDelivery portal. If you need time to finish the paperwork, reserving an LLC name costs $30 and holds the name for 120 days. Every LLC and corporation must designate a registered agent, the Nebraska term for the party that receives legal papers for the entity. The agent must be an individual who resides in Nebraska or an entity authorized to do business in the state, and the agent's office must match the registered office.
- Publish the required notice. New LLCs and corporations must publish a notice in a legal newspaper for three successive weeks, then file proof of publication with the Secretary of State. The newspaper charge varies by paper, so ask for a quote before you commit to a plan.
- Confirm zoning and local rules. Nebraska has 93 counties and 528 municipalities (cities and villages). Home or facility child care is subject to city or county zoning, so contact your local zoning office before you sign a lease or finalize a home business plan. Ask whether any municipal licensing applies in addition to the DHHS license.
- Buy liability insurance. Get a written policy with at least $100,000 per occurrence. Ask your insurer to confirm in writing that the policy covers child care operations, because some general business policies exclude them.
- Register for state tax accounts. Nebraska has no general business license. Register with the Nebraska Department of Revenue for a Nebraska ID if you need a sales and use tax permit or income tax withholding. Register with the Department of Labor for unemployment tax if you will have employees. Registration follows activity, so confirm which registrations apply to your setup.
- Submit your DHHS application and fee. Pay $25 if you plan to care for under 30 children, or $50 if you plan to care for 30 or more. The fee is due at application and again each year.
- Complete background checks. Staff and household members must complete background checks. Ask DHHS what fingerprinting costs and who pays for it before you budget for it.
- Complete preservice orientation. DHHS requires preservice orientation, and your provisional first year follows it. Schedule the orientation as early as DHHS allows so it does not delay your opening.
- Operate under a provisional license. Your first year is provisional. At the end of it, DHHS either issues an operating license or extends the provisional period once, for up to six months. The initial licensure visit is announced in advance.
Fees at a Glance
| Item | Cost | Notes |
|---|---|---|
| DHHS child care license fee | $25 (under 30 children) or $50 (30 or more) | Paid at application and each year |
| LLC Certificate of Organization | $100 | Secretary of State filing fee |
| Corporation Articles of Incorporation | $100 | Secretary of State filing fee |
| LLC name reservation | $30 | Holds the name for 120 days |
| LLC biennial report | $25 online or $30 on paper | Odd-numbered years, due January 1 to April 1; delinquent after June 16 |
| Corporation biennial report and occupation tax | $26 minimum | Even-numbered years, due March 1; rises with paid-up capital stock |
| Trade name registration (DBA) | $100 online or $110 in office or by mail | Lasts 10 years; renewal $110; separate newspaper publication required |
| Change of registered agent or office | $25 online or $30 on paper | Keep your agent current to avoid administrative dissolution |
| Liability insurance | Set by your insurer | Minimum $100,000 per occurrence |
| Background checks and fingerprinting | Check with DHHS | Cost and who pays are not confirmed in this guide |
| Sales and use tax permit | Check with the Department of Revenue | Required only if your activity makes it necessary |
Common Mistakes to Avoid
- Assuming three children means no rules. Once a fourth child from another family is in your care, even on a temporary basis, you are operating a program that needs a license. Plan enrollment with that threshold in mind.
- Accepting children before you know your status. Confirm in writing what authority you have from DHHS before you open and before you accept children from other families.
- Using outdated capacity numbers. The Act changed in 2024 and 2026. Confirm the current limits for your license type.
- Buying a general liability policy without child care coverage. Get written confirmation that the policy covers child care and meets the $100,000 per occurrence minimum.
- Missing the LLC report deadline. An LLC files its biennial report in odd-numbered years between January 1 and April 1. The report is delinquent after June 16, and the company is administratively dissolved after that.
- Losing your registered agent. Losing the agent can lead to administrative dissolution, so update the agent promptly if the arrangement changes.
- Skipping local zoning. A DHHS license does not override a city or county zoning restriction on your property.
Tips for a Smoother Application
- Call DHHS Child Care Licensing early and ask for the current application packet, rule text, and capacity limits for your license type.
- Ask for every cost in writing, including fingerprinting, before you sign a lease or buy equipment.
- Use the Nebraska Business Development Center at the University of Nebraska at Omaha for planning help on budgets and entity choice.
- Review the SBA Nebraska district page for local small business resources.
- Have an attorney or CPA review your entity choice and tax setup before you file, since the right structure depends on your finances.
What to Expect After You Apply
DHHS does not publish a processing time in the sources this guide relies on, so ask for a current estimate when you submit. Once your application is in, you can reasonably expect the following:
- An initial licensure visit, which DHHS announces in advance.
- A provisional first year that begins after preservice orientation.
- At the end of the provisional period, either an operating license or one extension of up to six months.
- Later inspections that may be unannounced, so keep your records and your home or facility ready at all times.
Applicants who prepare complete documents, insurance, and background check information may move through the process more smoothly. No outcome, approval date, or enrollment level is guaranteed.
Ongoing Requirements After Licensing
- Pay the license fee each year, at $25 or $50 based on your enrollment level.
- Maintain liability insurance of at least $100,000 per occurrence.
- Keep background checks current for new staff and household members.
- File your entity's biennial report on schedule: LLCs in odd-numbered years and corporations in even-numbered years.
- If you operate under a trade name, publish the required newspaper notice and renew the registration at $110 when it reaches the end of its 10-year term.
- Keep your registered agent and office current. Changing either costs $25 online or $30 on paper.
Disclaimer
This article is informational only and is not legal or tax advice. Licensing rules, fees, and capacity limits change, and some figures in this guide are marked for confirmation with the responsible agency. Talk with a qualified Nebraska attorney and a certified public accountant (CPA) before you choose a business structure, sign a lease, or make tax decisions.