License Exempt Fingerprinting Requirement
Federal Mandate requires National Criminal History Record Checks-Fingerprints for all child care workers. With the passing of Nebraska Legislative Bill 1185, this requirement now extends to License Exempt and In-Home Subsidy providers. Requirements and instructions can be found below.Licensed providers can find information through Children's Services-Licensing.
DHHS will pay the full cost ($45.25) of fingerprinting and processing for all child care providers, staff, and required household members through 2029.
The Child Care Subsidy Program completes background checks annually on all new and renewing child care subsidy providers and anyone in the household age 13 and older if care is provided in the provider's home. The Child Care Subsidy Program will complete background checks annually on Child Care Center directors. The Child Care Center is responsible for conducting background checks on their staff. If the provider has resided outside of the State of Nebraska in the last 5 years, the provider will be responsible for obtaining the information below from the previous state(s) where residency was held.
Requirements
All individuals must sign a release of information and statement identifying any felony or misdemeanor convictions and pending criminal charges.
- Child Care Subsidy Provider Release of Information updated 05/2024 English / Spanish
Required background checks include but are not limited to:
- State of Nebraska Central Registry for Adult Abuse and Neglect
- State of Nebraska Central Registry for Child Abuse and Neglect
- State Patrol Sex Offenders Registry
- State of Nebraska Department of Motor Vehicles
- Local and State law enforcement agencies
- FBI Fingerprint-based Criminal History Check
Disqualifications
The Department will not enter into a Subsidy Provider Enrollment with a potential individual provider if a history of convictions for misdemeanor or felony actions that endanger the health and safety of anyone is indicated. This includes crimes against a child or vulnerable adult, crimes involving intentional bodily harm, crimes involving the illegal use of a controlled substance or crimes involving moral turpitude on the part of the potential provider.
The Department staff will deny or terminate service provider approval when conviction has occurred in the following areas:
- Child pornography
- Child or adult abuse or endangerment
- Driving under the influence: two or more DUI charges are pending, or convictions have occurred within the last five years, or two of any combination of DUI charges pending or convictions occurring within the last five years
- Domestic abuse or assault, including spousal abuse
- Shoplifting after age 19 and within the last three years
- Felony fraud within the last five years
- Termination of provider status for cause from any DHHS program or Child and Adult Care Food Program within the last ten years
- Possession of any controlled substance within the last five years
- Possession of a controlled substance with intent to deliver within the last ten years
- Manufacture of any controlled substance within the last 10 years
- Assault or battery with or without a weapon
- Prostitution or solicitation of prostitution within the last five years
- Felony or misdemeanor robbery or burglary within the last 10 years
- Rape or sexual assault
- Murder, including manslaughter
- Is a registered, or required to be registered on a State or National Sex Offender Registry or repository
- Any crime against a child
- Kidnapping
- Animal cruelty, abuse, or neglect
- Arson
- Any other crimes jeopardizing the safety of a child or vulnerable adult
Pending charges must be reviewed by the Department Resource Developer to determine whether the client's safety is in jeopardy. Other convictions must be considered using the guidance in 392 NAC 4-002.03(A) and weighted to similar offenses included in this list.
Appeals
Providers have the right to appeal a denial of Subsidy Enrollment based on Background Check findings within 30 days of mailing of the notification of denial. The provider must contact their Resource Developer to begin the appeal process.