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January 2020. This legislation will allow authority to conduct national criminal history record checks on license-exempt providers and applicable household members. Until legislation is passed, the Lead Agency will continue to do its due diligence to obtain background checks (without fingerprints) if a provider has lived outside of state within the past 5 years. The Lead Agency will either reach out to the state or the provider understands they will be responsible to obtain the information above from the previous State(s) at which they resided. The Provider further understands and agrees that any negative findings from the above background checks may result in the immediate termination of this Agreement.

Nebraska CCDF and Licensing Programs with the Lead Agency has been receiving on- site technical assistance support and is working to find a solution to conducting Lead Agency initiated interstate checks.

Provisional Employment The CCDF final rule states a child care provider must submit a request to the appropriate state/territory agency for a criminal background check for each child care staff member, including prospective staff members, prior to the date an individual becomes a child care staff member and at least once every 5 years thereafter (98.43(d)(1) and (2). A prospective child care staff member may not begin work until one of the following results have been returned as satisfactory: either the FBI fingerprint check or the search of the state/territory criminal registry or repository using fingerprints in the state/territory where the staff member resides. The child care staff member must be supervised at all times pending completion of all the background check components (98.43(d)(4)).

Note: In recognition of the concerns and feedback OCC received related to the provisional hire provision of the CCDF final rule, OCC will allow states and territories to request time- limited waiver extensions for the provisional hire provision. State/territories may submit a waiver request to allow additional time to meet the requirements related to provisional hires (see Appendix A). A state/territory may receive a waiver from this requirement only when:

1. the state requires the provider to submit the background check requests before the staff person begins working; and 2. the staff member, pending the results of the elements of the background check, is supervised at all times by an individual who has completed the background check. Nebraska Page 241 of 314