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Nebraska does not meet the criteria to be eligible for a waiver. A legislative proposal was submitted in 2017 to make a change in current state statute, requiring fingerprinting, but did not advance out of committee. State law (Nebraska revised state statute 68-1206) passed on 5/30/19 out of the 2019 Legislative session. Beginning 10/1/19, individuals who are 18 years of age and older who are new child care staff members in any of these settings or new residents in Family Child Care Homes are required to submit fingerprints for a national criminal history record check. The individual submitting prints is required to pay the actual cost of the fingerprinting and processing. Child care staff members who were employed by a child care provider prior to 10/1/19, or individuals who resided in a family child care home prior to 10/1/19, are required to submit fingerprints for a national criminal history record check by 10/1/21.

The lead agency is closing working the State Patrol on developing a strategic implementation plan for all existing providers over the next 2 years (10/1/19 through 10/1/21), per law.

Nebraska revised state statute 68-1206 only incudes providers who are licensed. The Lead Agency has already drafted legislation for the 2020 Legislation Session starting January 2020. This legislation will allow authority to conduct national criminal history record checks on license-exempt providers and applicable household members. Until this is passed, Nebraska will continue to conduct checks that include in-state criminal repository (not using fingerprints) with Nebraska Data Exchange Network for each provider and household member age 13 or older residences, the public state website for registered sex offenders, adult/child central registry checks, and out of state checks within the past 5 years.

Inter-state Background Check Requirements

Checking a potential employee's history in any state other than that in which the provider's services are provided qualifies as an inter-state check, per the definition of required criminal background checks in 98.43(b)(3). For example, an inter-state check would include situations when child care staff members work in one state and live in another state. The statute and regulations require background checks in the state where the staff member resides and each Nebraska Page 230 of 314