Reviewed November 2026 Cal. Code Regs. tit. 22, § 101216.3 · view rule Cal. Code Regs. tit. 22, § 101216.3 (Word) Cal. Code Regs. tit. 22, § 102416.5 · view rule Cal. Code Regs. tit. 22, § 102416.5 (Word)
California licenses child care centers under Title 22, Division 12, Chapter 1 and family child care homes under Chapter 3, with the California Child Day Care Facilities Act (Health & Safety Code § 1596.70 et seq.) on top. CDSS's Community Care Licensing Division does the licensing and inspecting. Two 2026 budget laws add a new emergency and disaster plan requirement from January 1, 2027, and extend the 16-hour health and safety training, plus 12 hours a year, to all caregivers from October 1, 2027. California also requires a full legal signature and the time at every center drop-off and pick-up.
Licensing agency: California Department of Social Services (CDSS), Community Care Licensing Division - Child Care Licensing Program · public license lookup
Inspection findings public? Yes, the state publishes licensing inspection results.
License types
- Child care center (single license: preschool, toddler, infant, school-age and mildly ill components) — Cal. Code Regs. tit. 22, § 101151 et seq.; Cal. Health & Safety Code §§ 1596.70 et seq., 1596.90 et seq.
- Infant care center / infant component (children under 2) — Cal. Code Regs. tit. 22, § 101351 et seq.
- School-age child care center — Cal. Code Regs. tit. 22, § 101451 et seq.
- Small family child care home (up to 8 children) — Cal. Code Regs. tit. 22, § 102351 et seq.; Cal. Health & Safety Code §§ 1597.30 et seq., 1597.44
- Large family child care home (up to 14 children, with an assistant provider) — Cal. Code Regs. tit. 22, § 102351 et seq.; Cal. Health & Safety Code § 1597.465
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Recent and upcoming changes
California changed its child care laws twice in 2026 through budget trailer bills: AB 150 (signed June 29, 2026) and AB 190 (signed September 18, 2026). CDSS summarized them in Provider Information Notice 26-11-CCP. The Title 22 regulation text has not caught up yet (the CDSS center manual was last updated in October 2023 and the family child care manual in April 2022), so where a newer statute differs, the statute controls. CDSS may issue interim licensing standards to put these laws into effect.
New emergency and disaster plan rules (from January 1, 2027)
From January 1, 2027, every licensed center and family child care home must have an emergency and disaster plan that meets new state law. The plan must cover evacuation with assembly points, lockdown for an active shooter or other danger, shelter in place, 72 hours of self-reliance (including power outages), relocation with at least two temporary shelter sites (one outside the immediate area), contact lists, utility shutoffs, reunification, parent communication, medications, and care of infants and children with special needs. Staff and volunteers must be trained at hire and every year. Practice drills are required at least quarterly for each staff and volunteer shift, with the date, type of emergency and names of participants recorded. The licensee must review the plan yearly and sign and date the review. New license applicants must submit the plan with the application.
SafePass tip: SafePass parent messaging and announcements can reach every family at once during an evacuation or reunification, and the Kiosk's live check-in list shows who is on site right now. SafePass does not keep drill logs; record those separately.
Health and safety training for all caregivers, plus 12 hours a year (from October 1, 2027)
From October 1, 2027, every staff member who provides care in a center or family child care home, every family child care licensee, and every substitute adult must have the 16 hours of health and safety training (15 hours plus 1 hour of nutrition) and keep pediatric first aid and CPR current. Today the rule covers only at least one director or teacher per center and each family child care licensee. Also starting October 1, 2027, everyone in that group must complete 12 hours of continuing education every year from sources the department approves. The 12 hours must cover emergency preparedness, premises safety (hazards, water, traffic), safe sleep and SIDS, abusive head trauma and maltreatment, safe transport, infectious disease, food and allergy emergencies, hazardous materials, and giving medication.
SafePass tip: SafePass staff profiles store each certification with its expiration date, send staff a reminder 30 days out, and alert directors when one lapses. That makes it easier to see who still needs the 16 hours and the yearly 12 hours.
Family child care: licensee absences and substitute adults
A family child care licensee may be absent while children are in care for no more than 20% of the hours the home provides care in a calendar month. During an absence the licensee must arrange a substitute adult who already has a criminal record clearance or exemption, the health and safety training (pediatric first aid, CPR and preventive health), and influenza, pertussis and measles immunizations. Parents must get written notice before the absence, or by the next business day in an emergency. Keep records showing each substitute met these requirements.
SafePass tip: SafePass staff profiles can hold a substitute's clearance date, training cards and expiration dates. SafePass messaging gives you a dated record of the written notice to parents.
Medication rule now covers all medications
AB 150 removed the word "inhaled" from this section, so it now covers any medication a licensee or staff member gives a child. The conditions: written authorization from the parent (including permission to contact the child's health care provider), written instructions from the health care provider that are updated yearly, a record of every dose, and a copy of that record given to the parent every day. Title 22 § 101226(e) has older, different conditions for nonprescription medicine at centers. CDSS says it may issue interim standards, so check with your Regional Office on which steps it expects.
SafePass tip: SafePass collects the parent's signed medication request, staff approve it and log each dose with time, amount and staff name, and the parent is notified each time. Upload the health care provider's written instructions to the child's record; SafePass does not create them.
State anaphylaxis policy (compliance from January 1, 2028)
CDSS must publish an anaphylaxis policy for child care by July 1, 2027. From January 1, 2028, every licensed facility must follow it and tell parents about the policy at enrollment and every year after. AB 150 also lets trained staff use any FDA-approved epinephrine delivery system, not only auto-injectors.
Whole and 2% milk now allowed for children 2 and older
Since June 8, 2026, licensed facilities may serve unflavored whole, 2%, 1% or nonfat milk to children 2 and older. CDSS did this under the statute's authority to follow the latest Dietary Guidelines (PIN 26-08-CCP). The rest of the beverage law still applies: no drinks with added sweeteners (including flavored milk), at most one serving of 100% juice a day, and free access to clean drinking water.
No collecting immigration status (AB 495, from January 1, 2026)
Licensed child care facilities and their staff may not collect information or documents about the citizenship or immigration status of children or family members, unless state or federal law, or a state- or federally funded education program, requires it. The licensee must report any request from law enforcement for information or entry for immigration enforcement to CDSS and the Attorney General.
In-ground pool safety at homes and centers (from January 1, 2025)
A family child care home in a single-family house with an in-ground pool must isolate the pool with an enclosure at least 60 inches high. The gate must open away from the pool and be self-closing, with a self-latching, key-lockable latch at least 60 inches up, and the enclosure must have no openings that a 4-inch sphere can pass through and no footholds. The home also needs an ASTM F1346 safety cover or an ASTM F2208 pool alarm, with documentation. A center with an in-ground pool needs that kind of enclosure (or, for an indoor pool, a self-closing door with a high latch or key-card lock) plus a second, redundant barrier. Both must keep a Coast Guard-approved life ring (at least 17 inches) and a 12-foot rescue pole with a body hook in view of the pool. Before opening each day, inspect the safety features and equipment and log the inspection. Pool safety was among the ten most-cited sections at family child care homes and school-age centers in 2025.
Who needs a license
California licenses child care through the California Department of Social Services (CDSS), Community Care Licensing Division, Child Care Licensing Program, which works out of 21 regional offices. CDSS's Child Care and Development Division, which took over state-subsidized programs from the Department of Education on July 1, 2021, runs subsidies. It does not license. We found no transfer of licensing duties through November 2026. Centers follow Title 22, Division 12, Chapter 1 and Health and Safety Code chapters 3.4 and 3.5. Family child care homes follow Chapter 3 and Health and Safety Code chapter 3.6.
Who is exempt from licensing
Care is exempt from licensing when a family child care home cares for the children of only one other family in addition to the operator's own, when a relative provides the care, and in some unpaid parent cooperatives (no more than 12 children, parents rotating). Certain short public recreation programs are also exempt. Anyone else regularly caring for other people's children needs a license.
Small and large family child care homes
A family child care home is in the provider's own home (house, townhouse, apartment or other dwelling, owned or rented) and serves up to 14 children for less than 24 hours a day. A small home cares for up to 8 children and a large home for 7 to 14, in both cases counting the provider's own children under 10 who live there. Under state law (SB 234, effective 2020), a family child care home counts as a residential use of the property.
Single license child care centers
California now issues one child care center license that can cover infant, toddler, preschool and school-age components (and mildly ill care) at one address. The law required every day care center to move to this single license before January 1, 2024. To add an age component you file an amended application with CDSS.
Large family child care home experience requirement
An applicant for a large family child care home license must show at least one year of experience as a licensed small family child care home operator, or one year as an administrator, director or teacher at a licensed child care center; the department may waive this for other qualifying experience. Every family child care license applicant must be 18 or older.
Drop-in child care centers
A drop-in child care center offers care only with no contract or set schedule for any child. Since January 1, 2025, drop-in centers do not have to verify or keep files on children's immunizations or TB tests. Instead, the parent signs an acknowledgment and provides a written health assessment if no medical assessment is available.
Staff-to-child ratios and capacity
In both centers and family child care homes, an "infant" in California means a child under 2 years old. Centers use teacher-to-child ratios that change with whether a qualified aide is present. Family child care homes use a fixed capacity table instead of a ratio, and the provider's own children under 10 count toward it. Programs that contract with the state (Title 5 programs such as the California State Preschool Program) follow the stricter Title 5 ratios instead of the Title 22 numbers below (Title 22 § 101216.3(c)). A former statute that set a separate toddler-program ratio (Health & Safety Code § 1596.955) is no longer in the current code.
Center ratios (preschool age)
Centers must keep at least 1 teacher for every 12 children in attendance. A teacher and an aide together may care for 15 children. In a preschool program, a fully qualified teacher and an aide with at least 6 early childhood education units may care for 18. On activities away from the center, no teacher may be in charge of more than 12 children. The director counts in the ratio only while actually teaching a group, and housekeeping or clerical staff never count. Keep an up-to-date list of qualified substitutes to call when you would otherwise fall out of ratio.
SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in. Directors get an alert when a room goes over ratio. Set each room's ratio to California's numbers (1:12 for a teacher alone, 1:15 with an aide, 1:4 for infants), because SafePass's built-in defaults are not California's.
Infant ratios (under 2)
Infant programs need at least 1 teacher for every 4 infants in attendance. An aide may stand in for a teacher only when a fully qualified teacher is directly supervising no more than 12 infants and each aide has no more than 4. Away from the center the ratio is 1 adult for every 2 infants, and parents or volunteers may count toward it. One teacher may watch up to 12 sleeping infants if the other staff needed for 1:4 are immediately available.
School-age center ratios
School-age child care centers need 1 teacher and 1 aide for every 28 children in attendance, and a teacher alone may supervise no more than 14. If ages are mixed, staffing follows the youngest child in the group. The director counts only while working with a group.
Nap-time ratio (centers)
While children are napping, one teacher may supervise up to 24 napping children, but only if the other teachers needed for the regular 1:12 ratio are immediately available at the center. A qualified aide who is 18 or older may do this in place of a teacher.
Toddlers in a preschool program
A preschool may run a separate toddler component for children 18 to 36 months, with written parent permission and space kept apart from older and younger children. Infant-center rules (including the 1:4 infant ratio) apply to children 18 to 24 months, and preschool rules apply to children over 24 months. A child in the toddler program may not move to the preschool group before 30 months without written parent permission.
Family child care home capacity
A small family child care home may care for 4 infants, or 6 children with no more than 3 infants, counting the provider's own children under 10. A small home may go up to 8 children only if at least one child attends kindergarten or elementary school, a second child is at least 6, no more than 2 infants are present, parents have been notified, and a landlord has consented in writing for rented property. A large home with an assistant provider present may care for 12 children with no more than 4 infants, or up to 14 under the same school-age conditions with no more than 3 infants. A large home with no assistant present must drop to the small-home limits.
SafePass tip: SafePass Kiosk check-ins give a running count of who is in care right now, by child and age. Remember to also count your own children under 10, who usually aren't checked in.
Water activities (centers)
During water activities in or near a swimming pool, a deep portable pool, or a natural body of water such as an ocean, lake or river, centers must keep at least 1 adult for every 6 children, and at least one adult present must have a valid water-safety certificate on file at the center. Lifeguards and people supervising others don't count. For infants the ratio is 1 adult for every 2 near such water, and 1 staff member for every 4 around wading pools, basins or water tables (§ 101416.8).
Group size and space
Title 22 does not set a maximum group size for preschool rooms in licensed centers (Title 5 contract programs have their own rules). Limits come from the ratios, from licensed capacity, and from minimum space per child.
Indoor space
Centers need at least 35 square feet of indoor activity space per child, based on total licensed capacity. Bathrooms, halls, offices, isolation areas, kitchens, storage and built-in cabinets don't count. The floor under children's tables and chairs does count.
Outdoor space
Centers need at least 75 square feet of outdoor activity space per child, based on total licensed capacity. The play area must have a shaded rest area and be fenced at least 4 feet high. The ground under climbers, swings and slides must be cushioned with sand, wood chips, pea gravel or commercial rubber mats, and kept free of holes, broken glass, debris and dry grass. Check sandboxes daily.
Family child care: capacity is the group limit
In a family child care home, the capacity on the license is the most children allowed at any one time, including the provider's own children under 10. A small home may never be licensed for more than 8 children and a large home for more than 14.
Director and teacher qualifications
California measures qualifications in college semester units of early childhood education (ECE) or child development, or in Child Development Permits issued by the Commission on Teacher Credentialing. The core 12 units must cover child or human growth and development, child, family and community, and program/curriculum.
Center director
A center director must have one of the following before employment: (1) a high school diploma or GED, 15 semester units (12 in ECE/child development core courses and 3 in administration or staff relations), and 4 years of teaching experience; (2) an AA in ECE or child development, 3 units of administration, and 2 years' experience; (3) a BA in ECE or child development, 3 units of administration, and 1 year's experience; or (4) a Child Development Site Supervisor or Program Director Permit. The director or a substitute who is a fully qualified teacher must be on site whenever the center is open. If the director is gone more than 30 consecutive days, the substitute must meet director qualifications.
SafePass tip: SafePass staff profiles can store transcripts, permits and certifications with dates, so qualification documents are in one place for the licensing analyst.
Center teacher
To be hired as a teacher, a person needs at least 6 semester units of ECE or child development (or a Child Development Assistant Permit) and must then complete at least 2 more units each semester until reaching 12. Alternatively, Health & Safety Code § 1597.055 allows a regional occupational program certificate (95 classroom hours plus 150 hours of supervised field experience). A fully qualified teacher has 12 ECE units plus 6 months of experience, a current CDA credential plus 6 months of experience, or a Child Development Associate Teacher, Teacher or Master Teacher Permit. Keep a copy of each teacher's permit or transcripts at the center.
Teacher aides
Aides must work under the direct supervision of a teacher. Aides under 18 must be high school graduates or enrolled in an accredited occupational program, with proof kept at the center. To be counted in the 1:18 preschool ratio, an aide needs 6 ECE units, or must be earning at least 2 units each term until reaching 6. An aide who is 18 or older may take children to the bathroom and supervise napping children without a teacher present.
Infant care teachers and directors
To be hired, an infant care teacher needs 3 semester units of ECE or child development plus 3 units about infant care. To be fully qualified, they need 12 ECE units (at least 3 infant-specific) and 6 months of experience with children under 5. Infant center directors need 3 of their units related to infant care (§ 101415). An assistant director must be on duty when 25 or more infants are in attendance (§ 101415.1).
All center staff
Anyone who supervises staff or provides any care to children must be at least 18 (aides are an exception, see § 101216.2). Every staff member, volunteer and licensee needs a health screening with a TB test, done no more than one year before or 7 days after starting. At least one staff member with pediatric CPR and first aid must be present whenever children are at the center or on an outing. In 2025, missing TB or health screenings and having no CPR/first-aid-trained person present were among the most-cited problems at centers.
SafePass tip: SafePass staff time clock records show who was on duty, and staff profiles track CPR and first aid expiration dates, so you can check that a certified person was on site.
Family child care: assistant providers and substitutes
In a family child care home, an assistant provider must be at least 14 and is someone who mainly helps care for children. A substitute adult must be 18 or older. A large home needs an assistant provider present to care for more than the small-home limit.
Required immunizations for staff and volunteers
No one may work or volunteer at a center unless immunized against influenza, pertussis and measles, with a flu shot every year between August 1 and December 1. A person may work for up to 30 days while getting their records, after signing a statement. Exemptions are allowed for a physician's statement that a vaccine is unsafe or that the person is already immune, and anyone may decline the flu shot in writing. Family child care homes have the same rule under § 1597.622. This was among the most-cited requirements in 2025.
SafePass tip: Add staff flu, pertussis and measles records as certifications with dates in SafePass so the yearly flu deadline shows up as an expiration reminder.
Background checks
Licensed facilities use fingerprint-based criminal record clearances run through CDSS, using Live Scan fingerprinting with the California Department of Justice and FBI. TrustLine is California's registry for license-exempt caregivers (nannies and subsidized license-exempt providers). It is not used for licensed facilities.
Clearance before anyone starts
Before anyone's first day in a licensed facility, they must have a CDSS criminal record clearance or exemption, based on fingerprints sent to the California DOJ and the FBI. The rule covers licensees, directors and administrators, anyone who provides care or supervision, staff, volunteers and others who have contact with children, and adults living in a family child care home. Exempt: certain supervised volunteers, students and service providers present 16 hours a week or less and never alone with children, parent volunteers not left alone with other children, and contractors never left alone with children. Starting work before clearance was among the ten most-cited violations in 2025.
SafePass tip: SafePass stores each staff member's background check date in their profile. SafePass does not submit Live Scan or receive CDSS clearances; keep the CDSS clearance or transfer confirmation on file.
Child Abuse Central Index check
Everyone who needs a criminal record clearance must also have a Child Abuse Central Index (CACI) check, submitted to the California DOJ (form LIC 198A) along with their fingerprints, before they start work or first come into the facility. Family child care homes have the same rule under § 102370.2.
Clearance transfers
A person who already has a CDSS clearance from another licensed facility may have it transferred instead of being fingerprinted again. The transfer must be requested, and for criminal record exemptions approved, before the person starts at the new facility.
TrustLine for license-exempt providers
A license-exempt child care provider paid in whole or in part with state Alternative Payment Program or federal Child Care and Development Block Grant subsidy funds must be registered with TrustLine (fingerprints, DOJ and FBI checks, and the Child Abuse Central Index). Grandparents, aunts and uncles of the child are exempt. TrustLine applications go through the local child care resource and referral agency.
Training
California's core child care training rule is the 15-hour health and safety course: pediatric first aid, pediatric CPR and preventive health practices. Licenses issued since 2016 also need 1 hour of nutrition, for 16 hours in total. Preventive health practices is a one-time course, while pediatric first aid and CPR must be renewed every two years. See "Recent and upcoming changes" for the October 2027 expansion.
16-hour health and safety training (current rule)
At least one director or teacher at each center, and each family child care licensee who provides care, must have 15 hours of health and safety training plus 1 hour of childhood nutrition (for licenses issued since January 1, 2016). The training covers pediatric first aid, pediatric CPR, and preventive health practices (infectious disease, immunizations, injury prevention, and lead exposure prevention for licenses issued since July 1, 2020). Proof is a current card from the American Red Cross, the American Heart Association, or a program approved by the state Emergency Medical Services Authority (EMSA). A home-study course doesn't count, but approved online courses are allowed. A licensee who is missing it gets a deficiency notice and 90 days to fix it.
SafePass tip: SafePass tracks each certification's expiration date, reminds staff 30 days out, and alerts directors when a card lapses.
Anaphylaxis and epinephrine in first aid/CPR (from January 1, 2026)
On and after January 1, 2026, the required pediatric first aid or CPR course must include preventing and treating anaphylaxis, including emergency use of epinephrine auto-injectors. Anyone whose course before 2026 didn't include it must take a course with that content at their next renewal.
Mandated reporter training every 2 years
Every licensee, administrator and employee must complete CDSS-approved child abuse mandated reporter training and renew it every two years. New employees must finish it within their first 90 days, and license applicants before licensure. In 2026, AB 150 removed the exemption for people with limited English proficiency. This was the most-cited requirement at preschool and school-age centers, and among the top three at infant centers and family child care homes, in CDSS's 2025 report.
SafePass tip: Add mandated reporter training as a certification with a two-year expiration in each SafePass staff profile so renewals are flagged before they lapse.
On-the-job training at centers
All center staff must get on-the-job training, or have related experience, in nutrition and food handling, housekeeping and sanitation (including universal precautions), child care and supervision, helping with medications, recognizing early signs of illness, and community resources.
Inhaled medication training
Anyone who obtains or renews a pediatric first aid certificate under § 1596.866 must complete training in giving inhaled medication: nebulizers and inhalers, cleaning, storage, side effects, and when to call the parent or health care provider. The facility must keep the nebulizer training materials on file.
Health and illness
California centers must do a daily health check at the door, isolate children who get sick during the day, and report serious events to licensing by the next working day.
Daily health check at arrival
No child with obvious signs of illness, such as fever or vomiting, may be accepted. Staff must have contact with the adult who brings each child, and that adult must stay until the child is accepted and then sign the child in. Pay extra attention to children returning from an illness or who were exposed to a contagious disease.
SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.
Isolating sick children
Centers must be able to isolate and care for a child who becomes ill during the day. The isolation area must be easy for staff to supervise, have a mat, cot, couch or bed for each sick child, and not be in the kitchen or the general-use toilet area. Notify the parent right away and ask them to pick the child up as soon as possible.
Illness, injury and first aid
Notify the parent immediately if a child becomes ill or has an injury more serious than a minor cut or scratch, and record minor injuries that needed first aid. Get emergency medical care without waiting if the parent can't be reached. Keep a current first-aid manual and supplies where staff can reach them but children can't. Teachers on outings must carry each child's signed emergency medical consent.
SafePass tip: SafePass incident reports record what happened, the action taken and first aid given, notify the parent, and capture the parent's e-signature.
Reporting to licensing
Report the following to CDSS by phone or fax by the next working day: a child's death, any injury needing medical treatment, any unusual incident or child absence that threatens a child's safety, suspected abuse, epidemic outbreaks, poisonings, catastrophes, and fires or explosions. Tell the child's parent as well, and report outbreaks to the local health officer. Report a change of director within 10 days.
SafePass tip: SafePass incident reports give you a dated record of what happened and when the parent was told, which helps when you file the report with licensing.
Family child care: illness and home safety basics
In a family child care home, a child who shows signs of illness must be separated from the other children, and a child with a communicable disease kept apart until the infectious stage is over. The home must have working telephone service and safe toys and play equipment. Fixtures, furniture and equipment that the U.S. Consumer Product Safety Commission has banned or recalled may not be used for children or be within their reach.
Lead testing of drinking water (centers)
A licensed center in a building built before January 1, 2010 must have its drinking water tested for lead by an accredited lab (the first test was due by January 1, 2023) and retested every 5 years. If lead levels are elevated, immediately shut off the affected fountains and faucets and provide another source of drinking water. Lead testing was among the ten most-cited requirements at preschool and school-age centers in 2025.
Facility, furniture and hazards
Note on furniture anchoring: we found no Title 22 regulation or Health and Safety Code section that requires child care facilities to anchor furniture or cabinets to the wall. The closest is the optional Earthquake Preparedness Checklist in Health & Safety Code § 1596.867. It suggests bolting bookcases to wall studs, latching file cabinets, securing cabinets with safety latches, and strapping water heaters to the wall, and the law says licensing does not enforce it. Title 22 does require playground equipment to be anchored and furniture to be kept in safe condition.
Buildings and grounds
The center must be clean, safe, sanitary and in good repair at all times. Disinfectants, cleaning solutions, poisons and other dangerous items must be stored where children can't reach them, with poisons locked up, and not in food storage or children's storage areas. Firearms and other weapons are not allowed anywhere on a center's premises. Keep passageways, stairs and ramps clear. In 2025 this section was among the five most-cited at preschool and school-age centers.
Fixtures, furniture and equipment
Keep rooms children use between 68°F and 85°F, and set hot water at fixtures children use to 105–120°F. Screen fireplaces and open-face heaters. Furniture and equipment must be in good condition with no sharp, loose or pointed parts, tables and chairs must be child-sized, and playground equipment must be securely anchored to the ground unless it is portable by design. Banned or recalled products, baby walkers and anything that blocks an exit are prohibited. Toys and surfaces must be free of toxic substances. Provide 1 toilet and 1 sink for every 15 children.
Pools and bodies of water (centers)
Pools, hot tubs, spas, fixed wading pools and fish ponds must be made inaccessible with a locked cover strong enough to hold an adult, or with a fence at least 5 feet high that doesn't block the view. The fence gate must swing away from the pool and be self-closing and self-latching. Empty portable wading pools after each use. An accessible body of water is a "serious" violation that brings an immediate civil penalty under Health & Safety Code § 1596.99.
Family child care: home hazards
A family child care home must be free of conditions that could endanger a child. It must have a fire extinguisher and smoke detector that meet State Fire Marshal standards, screened fireplaces and heaters, vented and permanently installed gas heaters, and gated stairs when children under 5 are in care. Medicines, poisons, cleaning products and other dangerous items must be inaccessible, with poisons and firearms locked up (or firearms trigger-locked) and ammunition locked separately. Pools and ponds must be fenced at least 5 feet high or have a locked cover, and outdoor play areas must be fenced or supervised. This was the single most-cited section at family child care homes in 2025.
No baby walkers
A baby walker may not be kept or used on the premises of any licensed child care facility.
Earthquake Preparedness Checklist (optional)
Every facility must attach the state's Earthquake Preparedness Checklist to its emergency and disaster plan and make it available to the public, but the licensee chooses which items, if any, to follow, and licensing does not enforce them. Suggested items include bolting bookcases to wall studs, latching file cabinets, putting safety latches on cabinets, moving heavy items to low shelves, strapping the water heater, and practicing "duck, cover and hold" at least 4 times a year.
Emergency and disaster plans
Until January 1, 2027, the Title 22 rules below apply. From that date the new statute (Health & Safety Code § 1596.868, described under recent changes) sets a fuller plan and quarterly drills.
Center disaster and mass casualty plan
Every center needs a written disaster and mass casualty plan that is readily available. It must assign staff duties and cover fires, floods and earthquakes, exits, transportation, relocation sites, supervision during evacuation, contacting local agencies, and evacuating children who can't walk. Children (as age allows) and all staff and volunteers must be taught their duties. Hold disaster drills at least every six months and keep the drill records at the center for at least one year. Missing drill records were among the most-cited problems at school-age centers in 2025.
SafePass tip: SafePass parent messaging can notify every family at once during a relocation. SafePass does not keep drill logs.
Family child care disaster plan and drills
Each family child care home needs a written disaster plan on the CDSS form. The provider, assistant, household members and children (as age allows) must be taught their duties, with new children told promptly. Hold fire and disaster drills at least once every six months and record the date and time of each drill at the home.
Current roster of children
Every child care facility must keep a current roster of children with each parent's name, address and daytime phone number and the child's physician's name and phone number, and show it to licensing on request.
SafePass tip: SafePass registration packets collect guardians, emergency contacts and physician information, and the Kiosk's check-in list shows which children are present.
Medication
Two rule sets apply. Title 22 § 101226(e) governs how centers that choose to handle medications store and give them. Health & Safety Code § 1596.798, broadened by AB 150 in June 2026 to cover all medications, sets authorization and recordkeeping conditions for every licensed facility. Follow both, and ask your Regional Office about any interim standards CDSS issues.
Storing and giving medication at centers
Store all medications centrally, out of children's reach, in their original labeled containers, refrigerated if needed, and marked with the child's name and date. Give prescription medicine only as the label directs and with written parent approval and instructions. Give nonprescription medicine only as the product label directs and with written parent approval. Have a written plan to record each dose and tell the parent daily. Return unused medication to the parent, or dispose of it. Medication handling was among the most-cited requirements at preschool and school-age centers in 2025.
SafePass tip: SafePass collects the parent's signed medication request; staff approve it and log each dose with time, amount and staff name, and the parent gets a notification for each dose.
Medication authorization and daily records (all facilities)
Before giving a child any medication, have written authorization from the parent that includes permission to contact the child's health care provider, plus written instructions from the provider. The instructions must give the medication name, why it is given, side effects, dose and schedule, what to do about side effects, storage, and the provider's contact information, and be updated every year. Record every dose and give the parent a copy of the record daily.
SafePass tip: SafePass keeps the parent's signed authorization and a dated dose log for each child, and parents see each dose in the app.
Immunizations and health records
California's school and child care immunization law (Health & Safety Code § 120325 et seq.) applies to child care centers and family child care homes. Since SB 277 (2016) there is no personal-belief exemption for new enrollees, and since 2021 the only medical exemption accepted is the state's standardized CAIR-ME form. Required doses by age are set by the California Department of Public Health (Cal. Code Regs. tit. 17, § 6000 et seq.), and its current schedules control.
Immunized before first admission
A child may not be unconditionally admitted to a child care center or family child care home unless fully immunized for their age against diphtheria, Haemophilus influenzae type b, measles, mumps, pertussis, polio, rubella, tetanus, hepatitis B and varicella (chickenpox). Children behind schedule may be admitted conditionally under the Department of Public Health's rules. Personal-belief exemptions filed before January 1, 2016 remain valid only until the child enters the next grade span (birth to preschool is one span).
SafePass tip: SafePass lets parents upload vaccine records; staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field. Use California's age requirements when you set due dates.
Medical exemptions only on the state form
Since January 1, 2021, the only medical exemption a child care program may accept is the standardized electronic form a physician issues through the California Immunization Registry (CAIR-ME). Letters from doctors are no longer accepted.
Child's medical assessment (centers)
Within 30 days of enrollment, a center must get a written medical assessment of each child, done by or under a physician and no more than a year old. It must show any communicable disease, a TB test result, special needs, current medications and ambulatory status. If you can't get one within 30 days, get an appointment date from the parent and a TB test within 30 days. Children who also attend elementary school are exempt, and so are families relying on faith healing who sign the required statement. This was among the ten most-cited requirements in 2025.
Family child care immunization records
Family child care homes must make sure children are immunized as Title 17 requires before admission and keep each child's immunization record in the home. Immunization records were among the ten most-cited items at family child care homes in 2025.
SafePass tip: SafePass reminds parents 30 and 7 days before a recorded next-due date.
Food and nutrition
Centers that serve meals must meet the federal Child and Adult Care Food Program (CACFP) meal pattern. Separately, California's beverage law applies to every licensed facility.
Meals, snacks and menus (centers)
Food must be safe and in the amounts the federal CACFP meal pattern (7 C.F.R. § 226.20) requires for each meal. Snacks must be available between meals: full-day programs offer a mid-morning and a mid-afternoon snack, and half-day programs one of them. Menus must be written and posted at least a week in advance where parents can see them, and dated copies of the menus as served kept for at least 30 days. Food storage, preparation and service is a section that nearly always counts as a serious deficiency when violated (§ 101193).
SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.
Beverages
Every licensed facility must serve no drinks with added sweeteners (natural or artificial), at most one serving of 100% juice a day, and clean drinking water that children can get throughout the day. For children 2 and older, CDSS now allows unflavored whole, 2%, 1% or nonfat milk (PIN 26-08-CCP, effective June 8, 2026); the statute's text still says 1% or nonfat. Drinks a parent provides for their own child and medically required foods are exempt.
Family child care: food from home
In a family child care home, food a child brings from home must be in a container labeled with the child's name and stored or refrigerated properly.
Napping and safe sleep
California's infant safe-sleep rules apply to infant centers and to family child care homes. Both use the Individual Infant Sleeping Plan (form LIC 9227) and require documented physical checks every 15 minutes.
Infants sleep on their backs
Place infants up to 12 months old on their backs to sleep unless a physician's written medical exemption (with position instructions, duration, contact information and signature) is attached to the infant's Individual Infant Sleeping Plan (LIC 9227). If the parent has completed Section C of the plan, an infant who rolls over may stay in the new position. Don't swaddle, cover an infant's head, force an infant to sleep or stay awake, or leave an infant asleep anywhere but a crib (move them as soon as possible).
15-minute sleep checks (infant centers)
Sleeping infants must be watched by sight and sound at all times. Staff must physically check each sleeping infant every 15 minutes and write down the date, the infant's name, the time of each check and their initials, along with any labored breathing, signs of distress, or an infant under 12 months not on their back. Get emergency care and call the parent right away if an infant shows distress. Sleep supervision was among the three most-cited sections at infant centers in 2025.
Cribs and bedding (infant centers)
Each infant who can't climb out needs a crib or portable crib that meets U.S. Consumer Product Safety Commission standards, with a firm, correctly sized, moisture-resistant mattress and a tight fitted sheet. Stacked or tiered cribs are not allowed, and only one infant may use a crib at a time. Keep cribs free of blankets, pillows, bumper pads and hanging objects. A pacifier is allowed if nothing is attached to it and it belongs to that infant. Wipe mattresses with disinfectant daily, change bedding daily, and leave room for staff to reach every crib.
Family child care infant safe sleep
In a family child care home, each infant who can't climb out needs a CPSC-compliant crib or play yard with a firm, correctly sized mattress and a tight fitted sheet. Keep it free of loose items and bumper pads, and keep a signed LIC 9227 sleeping plan for each infant under 12 months. Infants go to sleep on their backs, are never swaddled or put to sleep in car seats, and are physically checked every 15 minutes with the date, the infant's name and the check times written down. A provider whose infant sleeps in another room must keep the door open, be able to see the infant without moving the door, and stay on the same floor. A video monitor does not replace these checks. Infant safe sleep was the second most-cited section at family child care homes in 2025.
Napping for preschoolers
Every child must get a chance to nap or rest without disturbance. Each child under 5 needs a napping space and a cot or mat (mats must be foam at least 3/4 inch thick, § 101239.1), and no child may be forced to stay awake or stay in the nap area longer than the normal nap time. Half-day programs don't have to schedule naps.
SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them. SafePass does not keep 15-minute infant sleep-check logs, so keep those on paper or in another system.
Overnight care in family child care
A family child care provider caring for children overnight must stay awake whenever children are awake. The provider's door and the children's door must stay open, and if the provider can't otherwise hear a child wake, a working audio-video monitor is required. Provide clean bedding and nightclothes.
Discipline and children's personal rights
California protects children through a list of personal rights that apply no matter what a parent consents to.
Personal rights (centers)
Each child has the right to dignity and to safe, comfortable accommodations, and to be free from corporal or unusual punishment, pain, humiliation, intimidation, ridicule, coercion, threats, mental abuse or other punishment, including interference with eating, sleeping or toileting. Children may not be locked in any room or the building (locking exterior doors is allowed if children can still get out) or put in restraining devices. Give each parent the Personal Rights form (LIC 613A), have them sign the receipt, and post a copy in a prominent spot.
Discipline
No form of discipline or punishment that violates a child's personal rights is allowed, even with the parent's consent. Infant centers have additional limits (§ 101423.1).
Personal rights (family child care)
Children in a family child care home have the same core rights, and the licensee can't waive them even with parent consent: dignity, safe and comfortable accommodations, parents informed about how to file a confidential complaint, and freedom from corporal or unusual punishment, pain, humiliation, intimidation, ridicule, coercion, threats, mental abuse, and interference with eating, sleeping or toileting.
Parents may drop in
A parent or guardian who shows identification may enter and inspect the facility without notice during normal hours or any time their child is there. The facility must tell parents about this right and may not retaliate against a parent or child for using it.
Records
California requires a separate record for each child and personnel records for each staff member. Licensing analysts may inspect and copy them during business hours.
Child records (centers)
Keep a separate, current record for each child at the center. It must include identifying information, the admission date, parent and emergency contacts, the signed admission agreement, physician and dentist, the medical assessment, allergies and diet restrictions, emergency medical consent, illnesses and injuries treated, current medications, signed permission for each outing, and the termination date. Records are confidential (open to the parent and to licensing) and must be kept for at least 3 years after the child leaves.
SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information with a parent signature, and keep them on the child's profile.
Personnel records (centers)
Keep a personnel record for the licensee, administrator and each employee at the center, available to licensing. It must include the employee's education, training and experience, the health screening and TB test, the signed criminal record statement and clearance or exemption, a signed statement that they are 18 or older, a driver's license number if they drive children, and the signed Notice of Employee Rights (LIC 9052). Volunteers need a health statement, a TB test and, if fingerprinting is required, clearance records. Missing or incomplete personnel records were among the ten most-cited problems at preschool centers in 2025.
SafePass tip: SafePass staff profiles keep certification and training records with dates and the background check date in one place.
Family child care child records
In each child's file, keep the parent's signed and dated receipt for the required notices (§ 102419(d)) for at least 3 years after the child leaves. Also keep the emergency information card, and for the extra 2 school-age children, proof of school enrollment and the parent notification (LIC 9150). These records were among the ten most-cited items at family child care homes in 2025.
Centers: parents' rights notices at admission
When accepting each child, give the parent the Notification of Parents' Rights (LIC 995) and the Caregiver Background Check Process form (LIC 995E), and keep the signed acknowledgment in the child's file. Post the Parents' Rights poster (PUB 393) in a prominent place. Parents have the right to inspect the center, file complaints, review licensing reports from the last three years, and, with a certified court order, ask in writing that a parent not be allowed to visit or take the child.
Family child care: notices at enrollment
When you accept each child, give the parent the Notification of Parent's Rights (LIC 995A), the Caregiver Background Check Process (LIC 995E) and Family Child Care Consumer Awareness Information (LIC 9212), and keep the signed receipt in the child's file.
SafePass tip: SafePass enrollment packets can collect a parent's signature on your policies; attach the CDSS forms to the packet.
Posting inspection reports and giving them to parents
Any licensing report with a Type A citation (a violation that would be an immediate risk to children if not corrected) must be posted on or next to the inside of the main door for 30 consecutive days, along with the report showing it was fixed. Family child care homes post during hours children are present. Not posting brings an immediate $100 penalty. Parents of enrolled children, and new families at enrollment, must get copies of any report with a Type A citation or a penalty for a child's death, serious injury or physical abuse.
Family child care: insurance or parent affidavits
A family child care home must have liability insurance of at least $100,000 per occurrence and $300,000 aggregate, a $300,000 bond, or a signed affidavit from each parent acknowledging that the home has no such coverage. Licensing reviews these at each inspection.
Sign-in and sign-out
California requires the adult who drops off or picks up a child at a center to sign with a full legal signature and write the time. We found no matching sign-in/out requirement in the family child care regulations (Title 22, Chapter 3) or in Health and Safety Code chapter 3.6.
Full signature and time at drop-off and pick-up (centers)
The adult who brings a child to the center and the adult who picks the child up must sign the child in and out using their full legal signature and write the time of day. Anyone who takes a child out during the day and brings them back must also sign out and back in. The center must have a written sign-in/out procedure and keep the signed sheets at the center for at least one month for licensing to review. The same rule applies at school-age centers (§ 101529.1).
SafePass tip: The SafePass Kiosk can capture the parent's signature on the tablet at drop-off and pick-up and stamps each check-in and check-out with the time and the adult's name; at check-out it shows staff the child's guardians and authorized pickups with photos, and attendance exports as PDF. Ask your Regional Office to confirm that a tablet signature meets the 'full legal signature' requirement before you retire paper sheets.
School-age children who arrive or leave on their own
At school-age centers, staff must sign in a child who arrives alone. A child may leave alone only if the parent has agreed in writing, and staff then sign the child out. The director and the parent sign and date that agreement, and it goes in the child's record.
Accept children in person
A child may be accepted only after staff have had contact with the adult who brings them, and that adult must wait until the child has been checked for illness and accepted before signing in.
Transportation
Centers and family child care homes that drive children must follow the Title 22 rules below and California's Vehicle Code car-seat laws. From January 1, 2027, AB 435 adds a 5-step test for when an older child may use a seat belt alone.
Vehicles and drivers (centers)
Only drivers licensed for the type of vehicle may transport children. Never exceed the manufacturer's seating capacity, keep vehicles in safe working order, secure every occupant in an appropriate restraint, and never leave children in a parked vehicle. Centers must post signs at the entrance with the local health department's phone number and California's child passenger restraint law.
Transporting infants (centers)
Only licensed drivers 18 or older may drive infants (under 2). Each infant must ride in an infant car seat secured according to the manufacturer's instructions, which the center keeps on file. The vehicle needs a first-aid kit. The staff-to-infant ratio must be kept in the vehicle whether it is moving or parked, and infants are never left without an adult.
Transportation (family child care)
Family child care homes must use properly licensed drivers, stay within the vehicle's seating capacity, keep vehicles in safe condition, secure every occupant in an appropriate restraint, secure infants in an infant car seat installed per the manufacturer, and never leave children in a parked vehicle.
Inspections and penalties
CDSS licensing analysts make unannounced visits to centers and family child care homes. Every year CDSS inspects at least 30% of facilities chosen at random plus every facility under heightened oversight, and inspects every facility at least once every three years. The Legislature set annual inspections as a goal by July 2021, and CDSS's citation reports refer to "annual inspections," but the statute's text still sets the 30% / three-year floor. Violations are cited as Type A (an immediate risk to children's health, safety or personal rights if not corrected) or Type B (a violation that could become a risk if not corrected).
How often centers are inspected
Every licensed center is subject to unannounced inspections. CDSS must inspect every year any center on probation, under a compliance plan that requires it, facing a pending accusation, or needing a check that an excluded person is gone. It must also inspect at least 30% of the remaining centers each year by random sample, and every center at least once every three years. Family child care homes have the same rules under § 1597.55a, plus an announced visit before the first license.
When inspectors can visit
Licensing visits happen only from one hour before to one hour after normal business hours, or whenever children are in care, unless a complaint investigation requires otherwise. A licensee may request inactive license status while the facility isn't operating (on a CDSS form, with approval), and CDSS does not inspect during that time. The annual fee is still owed unless CDSS waives it.
Type A and Type B citations
Licensing must distinguish between violations that present an immediate risk to children's health, safety or personal rights (Type A) and those that could become one if not corrected (Type B), for example a recordkeeping violation that affects children's care. CDSS's Notice of Site Visit (LIC 9213) tells parents which kind was cited and whether the report must be posted. Only reports with Type A violations, and the reports showing they were corrected, must be posted for 30 days.
Civil penalties (centers)
A violation not corrected by its due date costs $100 per day. A repeat of the same violation within 12 months brings an immediate $250 plus $100 per day. "Serious" violations bring an immediate $500 plus $100 per day: those that caused a child's injury or illness, fire clearance problems (including overcapacity and dead smoke alarms), lack of supervision (including a child left alone or supervised by someone under 18), accessible water, accessible firearms or ammunition, refusing entry, or an excluded person on site. A repeat serious violation brings $1,000 plus $100 per day. A violation causing a child's death brings $7,500 to $15,000, and physical abuse or serious injury $2,500 to $10,000, depending on licensed capacity. Family child care homes have parallel penalties under § 1597.58. Title 22 § 101195 still shows older, lower amounts, but the statute controls.
Notice of deficiency and plan of correction
When a licensing analyst finds a deficiency, the person in charge meets with them to agree on a plan of correction and receives a written notice. The notice cites the rule, describes the problem, and sets a correction date, normally no more than 30 days away and within 24 hours when a civil penalty is assessed. Some rules nearly always count as serious, including capacity, criminal record clearances, fire clearance, personal rights, telephone, medication storage, food service, building safety, hot water and toilets, and waste. The analyst makes a follow-up visit within 10 working days after the correction date (§ 101194).
Notice of site visit posting
After every site visit, CDSS leaves a notice saying whether violations were cited, what type, and whether the report must be posted. The facility must post the notice for 30 consecutive days (a family child care home only during hours children are present).
Appeals
California offers an informal review, then a formal review for larger penalties, and finally an administrative hearing.
Informal review of a licensing decision
You may ask for a review of a deficiency notice, civil penalty, or waiver or exception decision within 10 working days of receiving it, unless a formal administrative action has already begun. A staff member at a higher level than the analyst conducts the review and may uphold, change or dismiss the decision, or extend the correction date. Penalties for an uncorrected deficiency keep accruing during the review.
Formal review and hearing for civil penalties
For the larger penalties (repeat serious violations and penalties for a child's death), the licensee may ask the CCLD Deputy Director for a formal review in writing within 15 business days, with supporting documents. Other civil penalties and deficiencies may also be formally reviewed within 15 business days. After that review, the licensee may appeal to an administrative law judge. Civil penalties are due once appeals are exhausted.
Citations about a child's behavior
A facility that contracts with CDSS or the Department of Education may appeal a citation or civil penalty related to a child's behavior, or staff actions in response to it, if the facility was following the state's expulsion and suspension process for subsidized programs. CDSS must withdraw it on proof.
Family child care penalties and review
Family child care homes have their own penalty, denial, revocation and complaint regulations (§§ 102395, 102401–102403), with penalty amounts and the 15-business-day formal review set by Health & Safety Code § 1597.58, which parallels the center rules in § 1596.99.
Most common citations
Period: Calendar year 2025
How it was counted: These are CDSS's own official rankings, not our count. CDSS lists the ten requirement sections most often cited during annual inspections that used its Compliance and Regulatory Enforcement (CARE) Tool in calendar year 2025, ranked from most to least cited, without counts or percentages, so we show none. We list the preschool center and family child care home rankings in CDSS's order. CDSS's 2025 list for infant centers: § 101216 personnel (TB/health screening, CPR person present); H&S § 1596.8662 mandated reporter training; § 101429 infant sleep supervision and 15-minute checks; H&S § 1596.7995 staff immunizations; § 101419.2 infant needs and services plan; § 101419.3 plan updates; § 101439.1 sleeping equipment; § 101430 infant activities; § 101220 medical assessment; § 101439 infant fixtures and equipment. CDSS's 2025 list for school-age centers: H&S § 1596.8662; § 101216; H&S § 1596.7995; § 101238 buildings and grounds; § 101174 disaster drills; § 101216.1 teacher qualifications; H&S § 1597.16 lead testing; § 101226 medication; H&S § 1596.871 clearances; H&S § 1596.814 pool safety. We looked for a bulk citation dataset: the state open-data portal (data.chhs.ca.gov) publishes facility lists only, with no citations. Per-facility reports are public on CDSS's Care Facility Search, but we did not compile them and never name facilities.
| Rule | Topic | How to avoid it |
|---|---|---|
| Cal. Health & Safety Code § 1596.8662 | Preschool centers #1: mandated reporter training renewal (every 2 years) | Track every staff member's mandated reporter certificate date and renew before 2 years; new hires within 90 days. |
| Cal. Code Regs. tit. 22, § 101216 | Preschool centers #2: staff TB test/health screening; no CPR/first-aid person present | Get each new hire's health screening and TB test before or within 7 days of starting, and schedule so a pediatric CPR/first-aid card holder is always on site. |
| Cal. Health & Safety Code § 1596.7995 | Preschool centers #3: staff and volunteer flu, pertussis and measles immunization | Collect proof (or exemption or flu declination) at hire; collect flu shots between Aug 1 and Dec 1 every year. |
| Cal. Code Regs. tit. 22, § 101238 | Preschool centers #4: hazardous items accessible; center not clean/safe/in repair | Do a daily walk-through: cleaners and poisons locked away, repairs logged and fixed. |
| Cal. Code Regs. tit. 22, § 101226 | Preschool centers #5: medication storage and administration | Central locked storage, original labels with child's name and date, written parent authorization, every dose logged. |
| Cal. Health & Safety Code § 1597.16 | Preschool centers #6: drinking-water lead testing | If your building predates 2010, keep the lab result on file and retest every 5 years. |
| Cal. Code Regs. tit. 22, § 101217 | Preschool centers #7: personnel records incomplete or not on site | Keep every employee's clearance, TB test, training and LIC 9052 in a file at the center. |
| Cal. Code Regs. tit. 22, § 101220 | Preschool centers #8: child's medical assessment missing | Collect the physician's assessment (with TB test) within 30 days of enrollment. |
| Cal. Health & Safety Code § 1596.871 | Preschool centers #9: person present before criminal record clearance | No one starts, volunteers or moves in until CDSS clearance or transfer is confirmed. |
| Cal. Code Regs. tit. 22, § 101238.2 | Preschool centers #10: outdoor hazards; missing fall cushioning | Rake and inspect the yard; keep cushioning under climbers, swings and slides. |
| Cal. Code Regs. tit. 22, § 102417 | Family child care #1: home not free of hazards | Walk the home daily: chemicals and medicines locked, firearms locked with ammo separate, stairs gated, smoke detector and extinguisher working. |
| Cal. Code Regs. tit. 22, § 102425 | Family child care #2: infant safe sleep (15-minute checks, sleeping plan, empty crib) | Signed LIC 9227 for each infant, back to sleep, nothing in the crib, and a written 15-minute check log. |
| Cal. Health & Safety Code § 1596.8662 | Family child care #3: mandated reporter training renewal | Renew every 2 years for you and any assistant or employee. |
| Cal. Health & Safety Code § 1596.814 | Family child care #4: in-ground pool safety features | 60-inch enclosure with self-closing, self-latching, key-lockable gate and the extra drowning-prevention features the law lists. |
| Cal. Code Regs. tit. 22, § 102416 | Family child care #5: preventive health, pediatric CPR and first aid training | Keep current EMSA-approved cards for pediatric CPR and first aid (renew every 2 years) and your preventive health certificate on file. |
| Cal. Health & Safety Code § 1597.622 | Family child care #6: staff and volunteer immunizations | Flu (yearly by Dec 1), pertussis and measles proof or exemption for every employee and volunteer. |
| Cal. Code Regs. tit. 22, § 102418 | Family child care #7: children's immunization records | Check each child's record at enrollment and keep it in the home. |
| Cal. Code Regs. tit. 22, § 102419 | Family child care #8: parent notices at enrollment (LIC 995A, 995E, 9212) | Hand all three forms to each new family and keep the signed receipt. |
| Cal. Code Regs. tit. 22, § 102421 | Family child care #9: child records (emergency card, signed notices) | Keep an emergency information card and signed notice receipt in every child's file. |
| Cal. Health & Safety Code § 1596.871 | Family child care #10: person present before criminal record clearance | Assistants, substitutes, volunteers and adult household members need clearance before they are present. |
Frequently asked questions
What is the staff-to-child ratio for daycare centers in California?
For preschool-age children: 1 teacher per 12 children, 1 teacher plus 1 aide per 15, or a fully qualified teacher plus a qualified aide per 18. Infants (under 2) need 1 teacher per 4. School-age centers need 1 teacher and 1 aide per 28, with a teacher alone limited to 14. At nap time one teacher may watch 24 napping preschoolers (or 12 sleeping infants) if the rest of the staff needed for the regular ratio is immediately available. State-contracted (Title 5) programs follow stricter Title 5 ratios. (Cal. Code Regs. tit. 22, §§ 101216.3, 101230, 101416.5, 101516.5)
How many kids can a home daycare have in California?
A small family child care home can care for up to 6 children (no more than 3 infants) or 4 infants, and up to 8 if at least two are school-age, no more than 2 are infants, parents are notified, and a landlord consents. A large home with an assistant provider can care for 12 (no more than 4 infants), or 14 under the same school-age conditions with no more than 3 infants. The provider's own children under 10 count. (Cal. Code Regs. tit. 22, § 102416.5; Cal. Health & Safety Code §§ 1597.44, 1597.465)
Who licenses child care in California, and did that change?
The California Department of Social Services, Community Care Licensing Division (Child Care Licensing Program, 21 regional offices) licenses and inspects centers and family child care homes. In July 2021 state-subsidized child care programs moved from the Department of Education to CDSS's Child Care and Development Division, but that division does not license. As of November 2026 we found no change to who does licensing.
How many ECE units do you need to work in a California daycare?
A center teacher needs at least 6 semester units of early childhood education or child development (or a Child Development Assistant Permit) to be hired, then must add at least 2 units each term until reaching 12. A fully qualified teacher has 12 units plus 6 months of experience, a CDA credential plus 6 months of experience, or a Child Development Teacher-level permit. Infant teachers need 3 of their units in infant care. Directors need 15 units (including 3 in administration) and 4 years' experience, or a degree with less experience, or a Site Supervisor or Program Director Permit. (Cal. Code Regs. tit. 22, §§ 101215.1, 101216.1, 101416.2)
Do parents have to sign children in and out of daycare in California?
At licensed centers, yes. The adult dropping off or picking up must sign with their full legal signature and write the time, and the center keeps the sheets for at least a month. The Title 22 family child care rules have no matching requirement. (Cal. Code Regs. tit. 22, § 101229.1)
What is the 15-hour health and safety training for California child care?
It is the state-required course in pediatric first aid, pediatric CPR and preventive health practices, plus 1 hour of nutrition for licenses issued since 2016 (16 hours total), from an EMSA-approved trainer. Today at least one director or teacher per center and each family child care licensee must have it, and first aid and CPR must be renewed every 2 years. Starting October 1, 2027, all caregiving staff and substitutes need it, plus 12 hours of continuing education every year. (Cal. Health & Safety Code § 1596.866)
Do California daycare staff need vaccines?
Yes. Employees and volunteers at centers and family child care homes must be immunized against influenza (every year between August 1 and December 1), pertussis and measles, unless they have a physician's statement of a medical reason or proof of immunity. Anyone may decline the flu shot in writing. (Cal. Health & Safety Code §§ 1596.7995, 1597.622)
Can a California daycare give my child medicine?
Yes, with your written permission. Centers that choose to handle medication must store it locked and labeled, give it according to the label, record each dose, and tell you daily. Since June 2026 state law also requires written authorization, written instructions from the child's health care provider updated yearly, and a daily copy of the dose record for parents. (Cal. Code Regs. tit. 22, § 101226; Cal. Health & Safety Code § 1596.798)
What are Type A and Type B citations?
Type A is a violation that would pose an immediate risk to children's health, safety or personal rights if not corrected. Type B is one that could become such a risk, for example a recordkeeping lapse that affects care. A licensing report with a Type A citation must be posted inside the main door for 30 days, and enrolled and new families must get copies of reports with serious citations. (Cal. Health & Safety Code §§ 1596.893b, 1596.8595; CDSS form LIC 9213)
How often does California inspect daycares?
By statute, CDSS must make unannounced inspections of at least 30% of centers and family child care homes each year (chosen at random), every year for facilities on probation or under other heightened oversight, and of every facility at least once every three years. Complaints trigger extra unannounced visits. (Cal. Health & Safety Code §§ 1597.09, 1597.55a)
Sources
- CDSS Child Care Regulations (Title 22, Division 12, Chapter 1 - child care centers; manual updated 11/03/2023) (accessed November 8, 2026)
- CDSS Family Child Care Regulations (Title 22, Division 12, Chapter 3) (accessed November 8, 2026)
- Title 22, Div. 12, Ch. 1, Art. 6 (§§ 101212-101220) - CDSS manual (accessed November 8, 2026)
- Title 22, Div. 12, Ch. 1, Art. 6 continued (§§ 101220.1-101231) - CDSS manual (accessed November 8, 2026)
- Title 22, Div. 12, Ch. 1, Subchapters 2-3 (infant and school-age centers) - CDSS manual (accessed November 8, 2026)
- Title 22, Div. 12, Ch. 3 (family child care homes) - CDSS manual (accessed November 8, 2026)
- California Legislature, official law database bulk download (pubinfo_2025.zip, updated 2026-11-01): Health & Safety Code text and history (accessed November 8, 2026)
- California Legislative Information - Health & Safety Code § 1596.866 (accessed November 8, 2026)
- Westlaw California Code of Regulations (official CCR publisher) (accessed November 8, 2026)
- CDSS PIN 26-11-CCP: 2026 Budget Trailer Bills Affecting Child Care Centers and Family Child Care Homes (Sept. 25, 2026) (accessed November 8, 2026)
- CDSS PIN 26-08-CCP: New Guidance for Providing Milk in Child Care Settings (July 15, 2026) (accessed November 8, 2026)
- CDSS PIN 26-02-CCP: 2025 Chaptered Legislation Affecting Child Care (accessed November 8, 2026)
- CDSS PIN 25-01-CCP: 2024 Chaptered Legislation Affecting Child Care (accessed November 8, 2026)
- CDSS Most Commonly Cited Deficiencies (Child Care, 2025 reports published May 2026) (accessed November 8, 2026)
- CDSS Child Care Licensing Program (accessed November 8, 2026)
- CDSS Child Care and Development Division (accessed November 8, 2026)
- CDSS form LIC 9213, Notice of Site Visit (Type A / Type B definitions) (accessed November 8, 2026)
- California Health and Human Services Open Data: Community Care Licensing facilities (no citation data) (accessed November 8, 2026)
Educational information, not legal advice. Rules change and inspectors apply them to your specific program. Always confirm requirements with your state child care licensing agency: California Department of Social Services (CDSS), Community Care Licensing Division - Child Care Licensing Program. How we handle your information: privacy policy.