Nebraska licenses home care in two chapters of Title 391. A Family Child Care Home I holds eight children, or ten with two additional school-age children on approval, and one provider may have four infants alone or eight children with no more than three infants, two of them under twelve months. A Family Child Care Home II holds twelve children and requires two providers above ten; with two providers the infant row rises to eight. Own children under eight count in a Home I and own children eight and under count in a Home II, unless the licensee is paid for them.
Every tier, every cap
Family Child Care Home I
No more than 8 children in care at once 391 NAC 1-006.08A
No more than 10 children in care at once 391 NAC 1-006.08B item 2
No more than 3 infant 391 NAC 1-006.08B item 2.a and 2.b
No more than 2 infantUnder12Months 391 NAC 1-006.08B item 2.a and 2.b
No more than 10 (schoolage) 391 NAC 1-006.08B item 3
Option 1: up to 8 children 391 NAC 1-006.08A
Option 2: up to 10 children, max 2 infant, at least 2 schoolage 391 NAC 1-006.08A
Your own children: count toward these caps (under 8 years).
Family Child Care Home II
No more than 12 children in care at once 391 NAC 2-006.08A
No more than 3 infant 391 NAC 2-006.08B items 2.a and 2.b
No more than 2 infantUnder12Months 391 NAC 2-006.08B items 2.a and 2.b
No more than 12 (schoolage) 391 NAC 2-006.08B item 3
Option 1: up to 4 children, max 4 infant 391 NAC 2-006.08B item 2
Option 2: up to 8 children, max 3 infant, max 2 infantUnder12Months 391 NAC 2-006.08B item 2
Option 3: up to 10 children, max 2 infant, at least 2 schoolage 391 NAC 2-006.08B item 2
Option 4: up to 12 children, at least 12 schoolage 391 NAC 2-006.08B item 2
With an assistant: an additional adult is required above 10 children. No more than 8 infant
Your own children: count toward these caps (under 9 years).
How Nebraska defines the age bands
Infant: 1.5 to 18 months
Infant under 12 months (ratio sub limit inside the infant band): 1.5 to 12 months
Toddler: 18 to 36 months
Preschool age: 36 to open months
School age (a child who attends kindergarten or above; defined by school attendance, not by age): 60 to open months
Mixed ages in one room
Infant means six weeks to eighteen months in both chapters, and the tighter row is under twelve months: no more than two of the three infants in a mixed group of eight.
Real questions, short answers
How many infants can one Nebraska provider have?
Four, if no other children are present. In a mixed group of eight, three infants with no more than two under twelve months.
When does a Nebraska Home II need a second provider?
Above ten children, per 391 NAC 2-006.08B, and whenever the infant count goes past what one provider may hold.
Can a Nebraska Home I have ten children?
Yes, eight plus two additional school-age children during their care hours, with department approval.
Neb. Rev. Stat. Child Care Licensing Act, as amended by Laws 2024, LB874 71-1911, 71-1914.03
391 NAC Chapters 1 and 2, Family Child Care Home I and II, operative edition on the DHHS index 391 NAC 1-001, 1-006.08, 2-001, 2-006.08
DaycareRules is an informational reference about home child care licensing rules in the United States. It reprints thresholds, capacity limits, ratios and citations from state statutes and regulations, together with the date each state was last verified. Nothing on this site is legal advice, and rules change. Confirm with your state licensing agency before acting on any number printed here.