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Free guide · 2026 edition · Public records, DHHS fingerprints and the § 28-711 duty in Nebraska

Open to Inspection: The Nebraska guide to screening volunteers: a criminal record anyone may read, State Patrol fingerprints only where a law says so, child care’s function test after LB912, group-home, foster and CASA checks, and a reporting duty on every person

Nothing in Nebraska law makes screening every volunteer a duty. What it has instead is unusual: adult criminal history is a public record anyone may buy from the State Patrol, while FBI fingerprint checks are kept for the settings a law names. In licensed child care the test is function — a volunteer who cares for, supervises or is alone with children is fingerprinted — and 2026 changed when new people may start and whether volunteers count in ratio. This guide takes each rule in turn, with its citation.

By the VolunteerBadge research team · Sources checked September 12, 2026

Cover of Open to Inspection
  • Written for Nebraska child care directors, group-home and CASA staff, and camp, church and league leaders
  • Why a Nebraska criminal record is public — and why most nonprofits still can’t get FBI prints
  • Child care’s function test, LB912’s supervised start and volunteers in ratio
  • A § 28-711 reporting card and a volunteer screening notice you can adapt

Who Open to Inspection is for

Nebraska executive directors and volunteer coordinators, child care and after-school directors, group-home, child-placing and CASA staff, camp, church and league leaders, youth groups that visit schools, and senior-visiting and volunteer-driver coordinators — anyone placing volunteers in Nebraska who wants to know which roles the law already covers.

2,645

child victims of abuse or neglect in Nebraska in federal fiscal year 2024 — 5.5 per 1,000 children against 7.2 nationally, but up 11.3% since 2020 while the national count fell 14.1%.

ACF, Child Maltreatment 2024

$45

the State Patrol’s online fee for a name-based Nebraska criminal history report on anyone — a public record under § 29-3520 that covers only Nebraska arrests where the person was fingerprinted.

Nebraska State Patrol and Nebraska.gov (read Sept. 12, 2026)

40.3%

of Nebraskans volunteered through an organization in 2023 — tied with Minnesota for 3rd of 51 by our ranking.

VolunteerBadge analysis of AmeriCorps CEV 2023 data

Cited to primary sources

Nebraska at a glance

Settings from child care to CASA
We found no Nebraska statute putting a check duty on every nonprofit’s volunteers; the duties attach to settings: licensed child care, residential child-caring and child-placing agencies, foster homes, CASA programs and drivers under DHHS contracts.
Neb. Rev. Stat. §§ 71-1912(5), 71-1928.01, 71-1903(3), 43-3709, 81-6,120
A public criminal record
Complete criminal history held by a criminal justice agency is a public record open to inspection by any person. The State Patrol sells a name-based report on anyone for $45 online (an undated form lists $30); it shows Nebraska fingerprinted arrests and their dispositions only.
Neb. Rev. Stat. § 29-3520; NSP Criminal History Record Requests; NSP Form 752
Fingerprints only where a law says so
The State Patrol runs nationwide fingerprint checks only where a state or federal law requires one. Its authorized list has no general category for youth-serving nonprofits; the rows that reach volunteers run through DHHS.
NSP Fingerprinting Authorized List; Neb. Rev. Stat. § 43-3709(2)(a)
Child care: the function test
In licensed child care, anyone whose activities involve care, supervision or unsupervised access to children is a “child care staff member” and needs a DHHS-requested FBI fingerprint check and registry searches at least every five years. Parent helpers never alone with other children are excepted; a private vendor’s check doesn’t count.
Neb. Rev. Stat. § 71-1912(5)(d)–(e), (g), (k); DHHS Q&A (May 19, 2025), items 6, 7, 18
Child care in 2026
Since July 18, 2026, a new staff member may start under constant supervision after a first qualifying fingerprint result, and a fingerprint-cleared volunteer may count in the staff-to-child ratio up to ten hours a week until Dec. 31, 2028. DHHS pays the State Patrol’s $45.25 fee through April 30, 2029.
Neb. Rev. Stat. §§ 71-1912(5)(b)(ii), 71-1912.02 (LB912, 2026); DHHS news release (May 8, 2024)
Group homes, foster care and CASA
Residential child-caring agencies fingerprint staff and volunteers 18 and older before any contact and every five years; child-placing agencies check staff and volunteers 19 and older; foster parents and adult household members are fingerprinted. CASA volunteers are 21 or older and need an FBI check, a central registry check, a driving record and three references.
Neb. Rev. Stat. §§ 71-1928.01, 71-1903(3), 43-3709; 391 NAC 7-005.02(F); 391 NAC 8-005.02(A)
Reasonable cause, by phone then in writing
Anyone with reasonable cause to believe a child has been abused or neglected must report to law enforcement or DHHS, by phone followed by a written report; willful failure is a Class III misdemeanor. For vulnerable adults the duty falls on listed roles, including caregivers, and anyone else may report.
Neb. Rev. Stat. §§ 28-711, 28-717, 28-372, 28-384
Sealed, set aside and the registry
Never-charged and dismissed arrests leave the public record, and no one may be asked about a sealed offense. Set-aside convictions still show on State Patrol reports. Volunteer organizations serving minors or vulnerable people have access to sex offender registry information, free to 501(c) nonprofits if a fee applies.
Neb. Rev. Stat. §§ 29-3523(3), (8), 29-2264(6)(g), 29-4013(4)

From the Open to Inspection executive summary

Six Nebraska rules, from § 29-3520 to § 28-711

  1. 1

    Settings, not volunteering, trigger checks.

    Our search turned up no Nebraska statute that makes nonprofits at large background-check volunteers. The duties attach to settings: licensed child care, residential child-caring and child-placing agencies, foster homes, CASA programs and drivers under DHHS contracts.

  2. 2

    The record is public.

    Complete criminal history held by a criminal justice agency is a public record under § 29-3520. Anyone may buy a State Patrol name-based report — $45 online — though it covers only Nebraska arrests where the person was fingerprinted.

  3. 3

    Most nonprofits can’t fingerprint.

    The State Patrol runs national fingerprint checks only where a state or federal law requires one. Its authorized list has no general category for youth-serving nonprofits, so leagues, churches and mentoring programs can’t order FBI prints through it.

  4. 4

    In child care, function decides.

    A “child care staff member” includes anyone whose activities involve caring for, supervising or having unsupervised access to children in a licensed program. Those volunteers need a DHHS-requested FBI fingerprint check and registry searches at least every five years; DHHS is paying the State Patrol fee through April 30, 2029.

  5. 5

    “Any other person” includes volunteers.

    Section 28-711 ends its list of child abuse reporters with “any other person,” so every volunteer with reasonable cause to believe a child was abused or neglected must report to law enforcement or DHHS. Willful failure is a Class III misdemeanor.

  6. 6

    Sealed means unasked.

    No one may be questioned about an offense whose record is sealed, and never-charged and dismissed arrests leave the public record. A set-aside conviction still appears on State Patrol reports and can still count in child care, foster care and residential licensing.

Inside Open to Inspection, chapter by chapter

  • 01

    Public records for all, fingerprints where a law says

    The public-record rule, the fingerprint settings and the reporting duty in brief, with Nebraska’s abuse and volunteering figures.

  • 02

    Nebraska’s separate doors to a check

    Setting by setting: which volunteers are covered, which check and which rule.

  • 03

    Open to inspection: § 29-3520 and the State Patrol report

    Buying a public Nebraska RAP sheet — cost, speed and what it leaves out.

  • 04

    Fingerprints only where a law says so

    The State Patrol’s authorized list, the missing nonprofit route and DHHS’s abuse registries.

  • 05

    Child care: the function test

    Which programs, which volunteers, what is searched and who can’t serve.

  • 06

    Child care in 2026: clocks, costs and three new rules

    Renewals, portability, who pays, LB912’s supervised start and ratio volunteers, and LB867.

  • 07

    Camps, churches, leagues and schools

    LB759’s end of camp permits, church programs, coaches and § 79-297 school visits.

  • 08

    Group homes, foster care, placement and CASA

    DHHS rules that name volunteers, disqualification tiers and § 43-3709.

  • 09

    Older adults and the drivers DHHS contracts

    § 81-6,120, the 175 NAC facility rules, an open question and the adult registry.

  • 10

    “Or any other person”: reporting abuse in Nebraska

    § 28-711’s universal duty, the DHHS hotline and § 28-372 for vulnerable adults.

  • 11

    The sex offender registry and your volunteers

    § 29-4013’s access for volunteer organizations and what the law says about registrants.

  • 12

    Sealed, set aside, and what you may ask

    § 29-3523’s drop-off schedule, set-asides, ban-the-box and the FCRA.

  • 13

    Charities, raffles and board immunity

    No charity registration, the biennial report, the $15,000 raffle line and § 25-21,191.

  • 14

    LB705 onward, read against the slip-law markup

    A dated timeline of the acts that matter, read against their slip-law markup.

  • 15

    A name-based report beside DHHS fingerprints

    What a name-based consumer report adds beside DHHS fingerprints, and why DHHS never counts it toward them.

  • A

    Appendix A: Child care, foster care, CASA and drivers

    The baseline, licensed child care, residential and foster care, CASA, adults and drivers.

  • B

    Appendix B: A reporting card and a screening notice

    A § 28-711 card for volunteers and a notice telling them how you screen.

  • C

    Appendix C: Statutes, slip laws and DHHS pages

    Companion guides, plus every Nebraska statute, slip law and DHHS page we cite, dated as read.

Get the free guide

Open to Inspection: Nebraska questions answered

Does Nebraska require background checks for volunteers?
Nebraska ties its checks to settings, not to volunteering itself — we found no statute that reaches every nonprofit’s volunteers. Checks are required in specific settings: licensed child care (for any volunteer who cares for, supervises or has unsupervised access to children), residential child-caring agencies (staff and volunteers 18 and older), child-placing agencies (19 and older), foster homes, CASA programs (§ 43-3709) and anyone driving vulnerable adults or minors under a DHHS contract (§ 81-6,120). Volunteer-run church nurseries and Sunday schools, recreation camps, leagues and mentoring programs set their own standard.
Which Nebraska child care volunteers need State Patrol fingerprints?
Those in a licensed program whose activities involve caring for or supervising children, or unsupervised access to them. Under Neb. Rev. Stat. § 71-1912 they need a national fingerprint check through the Nebraska State Patrol, requested by DHHS, plus sex offender, criminal and child abuse registry searches, at least every five years; the central registry check is separate. A parent of an enrolled child who helps without pay, isn’t counted in ratio and is never alone with other children isn’t fingerprinted. Since July 18, 2026, a new person may start under constant supervision once a first qualifying fingerprint result is back, and a fingerprint-cleared volunteer may count in ratio up to ten hours a week through 2028. DHHS says a private company’s FBI check doesn’t satisfy the law.
Can a Nebraska nonprofit get FBI fingerprint checks on its volunteers?
Usually not. The Nebraska State Patrol runs nationwide fingerprint checks only where a state or federal law requires one, and its authorized list has no general category for youth-serving nonprofits. The categories that reach volunteers run through DHHS — licensed child care, residential child care, foster care and volunteer transportation of vulnerable persons — and CASA programs must obtain an FBI check through the State Patrol under § 43-3709.
Can we look up a volunteer’s Nebraska criminal record ourselves?
Yes. Under Neb. Rev. Stat. § 29-3520, criminal history held by a criminal justice agency is a public record, and the State Patrol sells a name-based report on anyone — $45 online, or by mail or in person (an undated State Patrol form still lists $30, so confirm the fee). It shows only Nebraska arrests where the person was fingerprinted and their outcomes, not other states’ records. Arrests with no charges, completed diversions and dismissed cases leave the public record under § 29-3523.
Does § 28-711 make Nebraska volunteers report abuse?
Yes — the duty falls on every person. Neb. Rev. Stat. § 28-711 lists physicians, nurses, school employees and social workers “or any other person” with reasonable cause to believe a child has been abused or neglected; volunteers are covered through those words, not by a named role. Reports go to law enforcement or to DHHS’s toll-free hotline (1-800-652-1999, staffed around the clock), by phone followed by a written report. Willful failure is a Class III misdemeanor. For vulnerable adults, § 28-372 lists roles such as caregivers and facility employees, and anyone else may report.
Can we ask volunteers about sealed or set-aside cases?
Not sealed ones. Under Neb. Rev. Stat. § 29-3523(8), a person can’t be questioned on any application about an offense whose record is sealed, and may answer as if it never happened. A conviction set aside under § 29-2264 is nullified, but the State Patrol’s report lists set-aside dispositions, and the conviction can still be used in child care, foster care, residential and teacher licensing. Nebraska’s ban-the-box law (§ 48-202) covers only public employers.
Can a VolunteerBadge check stand in for a DHHS fingerprint check?
No. VolunteerBadge is not a fingerprint channel, and its check doesn’t count toward any DHHS fingerprint requirement. Where Nebraska law requires a check — the DHHS child care fingerprint check through the State Patrol, residential and foster care fingerprint checks, DHHS central registry checks or CASA screening under § 43-3709 — that check is required. Its place is the Nebraska roles no rule reaches — a church nursery, a league coach, a mentor — or as an extra layer beside what DHHS and the State Patrol run.

Beyond Open to Inspection

More on Nebraska

The Nebraska sources behind Open to Inspection

Checked September 12, 2026. The guide cites each one where it is used.

  1. Neb. Rev. Stat. § 29-3520 — Criminal history record information is a public record
  2. Nebraska State Patrol — Criminal history record requests
  3. Nebraska State Patrol — Fingerprinting authorized list
  4. Nebraska.gov — NSP limited criminal history searches
  5. Neb. Rev. Stat. § 71-1910 — Child care “program” and its exclusions
  6. Neb. Rev. Stat. § 71-1912 — Child care national criminal history checks
  7. Neb. Rev. Stat. § 71-1912.02 — Volunteers in the staff-to-child ratio (LB912, 2026)
  8. Neb. Rev. Stat. § 71-1912.03 — Youth afterschool eligibility letter (LB867, 2026)
  9. DHHS — Child care licensing background checks Q&A (May 19, 2025)
  10. DHHS — Fingerprinting costs covered to April 30, 2029 (May 8, 2024)
  11. DHHS — Child Care Licensing
  12. LB912 (2026), slip law
  13. Neb. Rev. Stat. § 71-1928.01 — Residential child-caring agency checks
  14. Neb. Rev. Stat. § 71-1903 — Foster care licensing checks
  15. Neb. Rev. Stat. § 43-3709 — CASA volunteer qualifications and screening
  16. Neb. Rev. Stat. § 81-6,120 — DHHS-contracted transportation, employees and volunteers
  17. LB759 (2026), slip law — recreation camp permits repealed
  18. Neb. Rev. Stat. § 79-297 — Youth organizations in schools; background check
  19. Neb. Rev. Stat. § 28-718 — Central registry; check fee cap
  20. Neb. Rev. Stat. § 28-711 — Reporting child abuse or neglect
  21. Neb. Rev. Stat. § 28-372 — Reporting abuse of vulnerable adults
  22. Neb. Rev. Stat. § 29-4013 — Sex offender registry access for volunteer organizations
  23. Neb. Rev. Stat. § 29-3523 — Removal from the public record; sealed records
  24. Neb. Rev. Stat. § 29-2264 — Set-aside of convictions
  25. Neb. Rev. Stat. § 48-202 — Public employers and criminal history questions
  26. Neb. Rev. Stat. § 20-149 — Consumer’s copy of a consumer report
  27. Neb. Rev. Stat. § 25-21,191 — Immunity of uncompensated nonprofit directors and officers
  28. Neb. Rev. Stat. § 9-511 — Raffles up to $15,000 a month
  29. ACF — Child Maltreatment 2024

General information, not legal advice. Laws and agency practice change. Confirm anything you rely on with the agencies named here, your licensor, your insurer or qualified counsel. Spot an error? Tell us and we will fix it.

VolunteerBadge is owned and operated by ScreenForge Labs, LLC, an FCRA-regulated Consumer Reporting Agency that has obtained its FCRA Certificate from the Consumer Data Industry Association (CDIA). This guide is general educational information and is not legal advice. Laws change; this guide's sources were checked as of September 12, 2026.