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Nebraska Child Care: Background Checks

October 10th, 2019 | Angela Preston, Senior Vice President and Counsel, Corporate Ethics and Compliance

Earlier this month, the Nebraska Legislature passed LB 460, a federally mandated state law, in order to comply with the Child Care and Development Block Grant Act of 2014. The law requires applicants and employees to submit to background checks for child care providers and residential child care agencies in order to maintain licenses. Deadlines for employers to comply are October 1, 2019 for new applicants, and October 1, 2021 for existing employees, respectively.

The following are required to be submitted for each staff member for employers to maintain licensure as a child care provider:

  1. Request for national criminal history record information check
  2. Full set of fingerprints to the NE State Patrol, who will transmit them to the FBI for a federal screening
  3. Request for National Crime Information Center’s National Sex Offender Registry check.

These must be completed prior to hiring new employees, and once every 5 years for existing employees.

Additionally, the following screenings are required for the location of the provider and each location of the employee’s residence for the preceding 5 years:

  1. State criminal registry
  2. State sex offender registry
  3. State child abuse and neglect registry.

These must be completed prior to hiring new employees, and once every 5 years for existing employees.

Applicants and employees will be considered ineligible if findings conclude they are a registered sex offender, or were convicted of violent crimes, crimes of moral turpitude, and crimes of dishonesty. Refusal to consent to the required background checks or falsifying statements are also grounds for disqualification. Guidance issued by the Nebraska DHHS states that private companies may be contracted to complete the screenings.

The full text of Nebraska LB 460 can be found here.

Learn about how Sterling’s can support your background checks program for Gig Economy workers.

This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.