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Rules & laws
California child care rules in plain words, each checked against its official source and linked to it. The date shows when it was last checked. Stable rules are rechecked only when a law changes.
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68 rules
Laws
$500 immediate penalty for serious violations
CDSS must assess an immediate $500 civil penalty per violation, plus $100 per day it continues after citation, for serious violations including absence of supervision, such as a child left unattended or supervised by someone under 18.
Other listed serious violations: a child's injury or illness, and fire clearance violations.
12 hours of continuing education a year, from October 1, 2027
Beginning October 1, 2027, all staff providing care in a child care center, all family child care home licensees, all staff providing care in a family child care home, and each substitute adult who provides care in a family child care home must complete at least 12 hours of continuing education each year from Department-approved sources, and retain proof of completion. It is a condition of licensure. The 12 hours must cover: emergency and disaster preparedness and response planning; building and physical premises safety, including identification of and protection from hazards, bodies of water and vehicular traffic; safe sleep practices and prevention of sudden infant death syndrome (SIDS); prevention of shaken baby syndrome, abusive head trauma and child maltreatment; transporting children safely; infectious diseases in children; prevention of and response to emergencies due to food and allergic reactions; handling and storage of hazardous materials and appropriate disposal of bio-contaminants; and administration of medication, consistent with parental consent.
At the September 29, 2026 CDSS webinar, presenters said only CECO (California Early Childhood Online) trainings have been approved so far. CDSS may develop interim licensing standards with the same force as regulations until regulations are adopted (PIN 26-11-CCP).
Under AB 144 (effective September 17, 2025), federal immunization recommendations in effect on January 1, 2025 are California's baseline; the Department of Public Health may modify or supplement them.
Health plans regulated in California must cover CDPH-recommended immunizations (CDPH AB 144 page).
CDSS, in consultation with the Emergency Medical Services Authority (EMSA) and the State Department of Education (CDE), must establish an anaphylactic policy by July 1, 2027. On and after January 1, 2028, licensed child care facilities must comply with it.
Per the September 29, 2026 webinar slides, facilities must also give families written notice of the policy upon enrollment; PIN 26-11-CCP does not mention this. CDSS may develop interim licensing standards with the same force as regulations until regulations are adopted (PIN 26-11-CCP).
Background checks for applicants and household adults
Applicants, adults residing in the home, and anyone providing care and supervision must complete the background check before presence in the facility. Fingerprints go to the California Department of Justice and FBI.
Fingerprints are submitted through Live Scan. People caring for or living in the home also need a child abuse clearance.
Day care center employees and volunteers must be immunized against influenza, pertussis and measles, with a flu vaccine between August 1 and December 1 each year. A person may decline only the flu vaccine, by written declaration.
Medical exemptions need a physician's written statement.
Licensed child care centers in buildings constructed before January 1, 2010 had to have drinking water tested for lead by January 1, 2023 (passed), and must retest every five years after the initial test. Family child care homes are not covered.
The home exclusion is stated in PIN 26-05-CCP. Outlets at or above 5.5 ppb must be removed from service (PIN 26-05-CCP).
An ELO-P may operate without a child care center license only if it meets the exemption criteria in Education Code §46120 and Health & Safety Code §1596.792(h).
Not exempt when serving children outside ELO-P, ASES or 21st CCLC (PIN 26-06-CCP).
AB 152 added Chapter 3.66 to Division 2 of the Health & Safety Code. When applicable and available, licensees may use an electronic signature for Department forms and documents and pay any fee or civil penalty assessed by the Department electronically. Whoever pays electronically is responsible for any associated payment processing costs, such as service, processing, transaction and convenience fees and credit card surcharge fees.
In PIN 26-11-CCP, but not presented at the September 29, 2026 CDSS webinar.
Emergency and disaster drills at least quarterly, from January 1, 2027
As of January 1, 2027, child care facilities must conduct emergency and disaster practice drills at least quarterly, as specified in Health & Safety Code §1596.868(c). Licensees are responsible for conducting the drills with staff and volunteers and for maintaining records of the emergency and disaster plan trainings and drills.
As of January 1, 2027, all child care facilities must comply with Health & Safety Code §1596.868, including: have an emergency and disaster plan that meets §1596.868(a)(1)-(8); train each new staff member and volunteer on the plan before they begin working or volunteering, and annually after that; review and update the plan annually; have the information in §1596.868(e) available during an emergency or disaster; have a set of keys available during an evacuation; and provide the plan to parents, legal guardians and local emergency responders when requested. An applicant for a license must submit a plan that complies with §1596.868(a) with the license application. Facilities are encouraged to have local emergency authorities review their plan.
Per the September 29, 2026 webinar slides, the plan includes shelter-in-place procedures, self-reliance for at least 72 hours after an emergency or disaster (including a power failure), and relocation procedures with at least two temporary shelter locations, one outside the immediate geographic area. Quarterly practice drills are a separate rule.
AB 150 expanded the definition of "epinephrine auto-injector" to include other epinephrine delivery systems approved for general use by the U.S. Food and Drug Administration (FDA). Any FDA-approved epinephrine delivery system, not just auto-injectors, may be used in accordance with the anaphylactic policy to treat a child who is suffering from, or reasonably believed to be suffering from, anaphylaxis.
The September 29, 2026 webinar slides give epinephrine nasal sprays as an example.
A family daycare home, small or large, cares for 14 or fewer children in the provider's own home, where the provider resides, whether the dwelling is rented, leased or owned.
Giving medication: all medications, not only inhaled
AB 150 amended Health & Safety Code §1596.798 by removing the word "inhaled," so its provisions now apply to all medications, not only inhaled ones. Child care licensees and staff may administer medications to children in care in accordance with §1596.798.
Per the September 29, 2026 webinar slides, facilities may give any medication with written authorization from the parents or guardians and written instructions from the child's healthcare provider, updated annually. CDSS may develop interim licensing standards with the same force as regulations until regulations are adopted (PIN 26-11-CCP).
Licensee absence: substitute adult, parent notice, records
Before a substitute adult provides care during a family child care licensee's temporary absence, the licensee must ensure the substitute adult has a criminal record clearance or exemption; has completed health and safety training, including pediatric first aid, pediatric CPR and preventive health practices; and has the required immunizations for influenza, pertussis and measles. Before any temporary absence, the licensee must give written notice to the parents or legal guardians of each child in care; if advance notice is impractical due to emergency circumstances, written notice must be given no later than the next business day after the absence. The licensee must keep documentation of compliance for temporary absences.
AB 150 added and AB 190 amended §1597.63. CDSS may develop interim licensing standards with the same force as regulations until regulations are adopted (PIN 26-11-CCP).
A family child care licensee may be temporarily absent during the home's hours of operation for no more than 20 percent of the total hours the home provides care in a calendar month. If the home keeps operating during the absence, the licensee must arrange for a substitute adult who meets all legal requirements.
Added by AB 150 (signed June 29, 2026) and amended by AB 190 (signed September 18, 2026) (PIN 26-11-CCP). CDSS's posted Title 22 §102417(a) text still says per day.
Mandated reporter training, renewed every two years
Child care licensees, administrators and employees are mandated reporters. Applicants complete mandated reporter training before licensure; administrators and employees within 90 days of employment. Everyone renews it every two years. AB 150 removed the exemption for licensees, applicants, administrators and employees with limited English proficiency when training was not available in their primary language: those previously exempt must complete the training and renew it every two years, regardless of English proficiency (PIN 26-11-CCP).
Report suspected abuse by phone as soon as possible, with a written report within 36 hours (PIN 24-10-CCP). Online, self-paced training at mandatedreportertraining.com is available in English, Spanish, Chinese (Simplified), Chinese (Traditional) and Vietnamese; CDSS also lists approved Alternative Mandated Reporter Trainings that may offer more languages. Previously exempt people who need help can contact their local Child Care Licensing Regional Office (PIN 26-11-CCP). Joining mandatedreportertraining.com is free; its California page says fees may apply for the certificate of completion. Training under an organization's account (the Basic plan is free) uses the organization's certificate credits: 0, 5 or 10 credits per certificate depending on the course, at $1.00 per credit (https://mandatedreportertraining.com/california/ and https://mandatedreportertraining.com/organization-pricing/, checked September 29, 2026).
A license is forfeited when the licensee moves the facility to another location. The licensee applies for the new location, and the fee is 50 percent of the established application fee.
CDSS may grant a criminal record exemption based on good character, but no exemption may be granted for convictions of listed offenses, including specified crimes against children and violent felonies.
Pre-licensing visit announced, later visits unannounced
CDSS conducts an announced site inspection before initial licensing. After that, family child care homes are subject to unannounced inspections, at least once every three years.
Unannounced inspections happen only during business hours or while care is provided.
A prospective family child care provider who rents must give the landlord or owner 30 days' written notice before starting to operate the family daycare home.
The landlord may require an increased security deposit, within the legal maximum (§1597.41(d)(4)).
On leased or rented property, a small family child care home needs the property owner's written consent to care for 7–8 children. CDSS says landlord consent is also required for a large home caring for more than 12.
Written parent notice is also required at these capacities. All renters must also give the landlord 30 days' written notice.
Family child care licensees must complete 16 hours of pediatric health and safety training (preventive health practices, pediatric CPR, pediatric first aid) from an EMSA-approved vendor or accredited college or university. By October 1, 2027, all staff providing care in a child care center, all family child care home licensees, all staff providing care in a family child care home, and each substitute adult who provides care in a family child care home must have at least 16 hours of health and safety training (15 hours plus 1 hour of nutrition) and obtain and maintain pediatric first aid and pediatric CPR training. It is a condition of licensure (Health & Safety Code §1596.866, as amended by AB 150 and AB 190; PIN 26-11-CCP).
The current family child care rule is from CDSS's Provider Requirements for Family Child Care Homes (the linked source); the October 1, 2027 requirement is from PIN 26-11-CCP. CDSS may develop interim licensing standards with the same force as regulations until regulations are adopted (PIN 26-11-CCP).
Heads up: a presenter said “at least 15 hours of health and safety training”, which differs from the official source.
At least one staff member trained in pediatric CPR and pediatric first aid must be present when children are at the child care center or offsite for center activities. From October 1, 2027, all staff providing care in a child care center must also obtain and maintain current pediatric first aid and pediatric CPR training (Health & Safety Code §1596.866; PIN 26-11-CCP).
Centers: sleeping infants checked every 15 minutes
In infant care centers, sleeping infants must be directly observed by sight and sound at all times, and staff must physically check them every 15 minutes, documenting date, name, check times and staff initials.
Cribs or play yards must be free from all loose articles and objects. Bumper pads may not be used, and nothing may hang above or attach to the crib side.
A pacifier is allowed if nothing is attached and it belongs to that infant.
Firearm storage must be locked (or trigger locks used, or the firing pin removed and locked separately), and ammunition must be stored and locked separately from firearms.
CDSS's LIC 9217 checklist also says firearms must not be loaded.
Family child care providers must physically check sleeping infants every 15 minutes and document it. A digital video and audio monitor may be used but cannot replace these requirements.
The only exception is overnight care when the provider is also going to sleep (§102426(b)(1)).
An Individual Infant Sleeping Plan (LIC 9227) must be completed for each infant up to 12 months of age, signed and dated by the authorized representative, and kept in the infant's file.
Infants up to 12 months are placed on their backs to sleep. If LIC 9227 Section C is completed and signed by the authorized representative, an infant who changes position may remain in that alternative position.
Without Section C, the provider must return the infant to their back (§102425(j)(2)(C)).
Large family child care home applicants must show one year of experience as a small family child care home licensee, or as a teacher or director of a licensed child care center.
Title 22 also counts experience as a center administrator, and the director may waive the requirement.
One teacher may supervise 24 napping children if the remaining teachers needed for the overall ratio are immediately available at the center. A qualified aide 18 or older may do this in place of a teacher.
In overnight care, if sleeping arrangements do not assure the provider will hear a child wake up, a digital video and audio monitoring device must be used and kept in good working order.
The provider must stay awake whenever children in care are awake (§102426(a)(1)).
In overnight care, the monitoring device may be used instead of physically checking the infant every 15 minutes if the infant is sleeping and the provider is going to sleep.
The initial pediatric first aid and CPR course is at least eight hours (at least four hours each). Retraining, also at least four hours each, must be completed at least every two years.
Source is EMSA's posted regulations PDF (2017 version).
Poisons locked; medicines and cleaners inaccessible
Poisons, detergents, cleaning compounds, medicines, firearms and other dangerous items must be stored where children cannot reach them, and storage areas for poisons, firearms and other dangerous weapons must be locked.
No 5-foot height rule appears in the regulation or in CDSS's pre-licensing guide (LIC 9217).
If an infant sleeps in a separate room from where the provider is stationed, the door must stay open so the provider can see the infant without moving it, and the provider must be on the same floor.
The provider must also be near enough to hear the infant wake up (§102425(j)(4)).
A small family child care home may care for 6 children (or 4 infants only), or 8 under optional conditions. A large home may care for 12, or 14 under optional conditions, with a qualified assistant age 14 or older.
Without a qualified assistant, a large home must follow small-home rules. Infant limits apply at each capacity level.
Center personnel need a health screening with a TB test from one year before to seven days after employment or licensure. In family child care homes, any adult present while children are in care needs a current TB clearance.
Homes use the same timing: no more than one year before or seven days after initial presence in the home.
An aide must work under a teacher's direct supervision. An aide 18 or older who meets §101216 and §101216.2 requirements may, without direct supervision, escort or assist children to the bathroom and supervise napping children.
Aides helping a teacher with up to 18 preschoolers need 6 ECE/child development units, or 2 units each term until 6 (§101216.2(d)).
PIN 26-10-CCP announces a statewide CDSS Child Care Program webinar on Assembly Bill 150 (Early Care and Education) on Tuesday, September 29, 2026, 6:00–7:00 p.m., covering legislative changes and new requirements.
Spanish and Mandarin interpretation offered.
All licensed child care
PIN 26-10-CCP · checked 2026-09-22 · Time-bound · until 2026-09-29
Child care vaccine requirements unchanged; insurance covers
CDPH says California school and child care vaccine requirements remain the same despite recent federal changes, and all CDPH-recommended vaccines, including those required for child care or school, continue to be covered by insurance.
PIN 26-05-CCP announced a public interactive map of child care center water lead-testing results on the State Water Resources Control Board website, and says grant funding remains available for testing and remediation.
PIN dated June 22, 2026. Newly licensed centers have 180 days to complete lead testing.
PIN 26-07-CCP tells licensees and families that the Department of Developmental Services delivers services through a statewide network of 21 community-based, non-profit Regional Centers; infants and toddlers birth to three may qualify for Early Start.
PIN dated July 1, 2026. Early Start Baby Line: 800-515-2229.
Private preschools report the immunization status of children ages 2–5 using their CDSS child care center license number. Facilities with only a family child care home license review immunization status but do not need to report.
Infant centers and school-age centers also review but do not report. Reports go through the Immunization Reporting application in CAIR Hub.
Starting June 8, 2026, licensed child care facilities may serve whole, 2%, 1% low-fat, or nonfat milk to children ages two and older. This applies only to unflavored milk.
Effective June 8, 2026 (USDA Final Rule), not June 1. Flavored or sweetened drinks still barred unless medically needed or parent-provided.
Heads up: a presenter said “Starting June 1, 2026, care may serve whole, 2%, 1% or nonfat milk; USDA rule effective June 1.”, which differs from the official source.
CDPH recommends flu vaccine for everyone 6 months and older. COVID-19 vaccine is recommended for narrower groups, such as all children 6–23 months, adults 65 and older, people with risk factors, and anyone who chooses it.
COVID-19 is not recommended for everyone 6 months and older, as said in a webinar. See the CDPH table for all groups.
Heads up: a presenter said “CDPH recommends everyone six months and older stay up to date on flu and COVID-19 vaccines.”, which differs from the official source.
CDPH says two doses of MMR vaccine provide 97% protection against measles. Before international travel, people 12 months and older who are not up to date should get two doses at least 28 days apart.
Routine schedule: first dose at 12 months, second at 4–6 years.
Family child care homes pay a one-time application fee and then an annual fee on each license anniversary: $73 each for capacity 1–8, and $140 each for capacity 9–14.
The application fee is non-refundable. A capacity change costs $25 (§1596.803(b)(1)(C)).
You must attend the Family Child Care Home Orientation before getting a license. The fee is $25 for in-person or live virtual sessions and $27.43 online ($25 plus $2.43 processing), non-refundable.
CDSS funds two QCC grants to local consortia through a joint request for applications for fiscal years 2024–2027: the QCC Quality Improvement Grant (formerly QCC Block Grant) and the QCC Workforce Pathways Grant.
Local QCC consortia
Official source · checked 2026-09-22 · Time-bound · until 2027-06-30
The Child Care and Development Infrastructure Grant Program (Welfare & Institutions Code §10310) offered $200.5 million for minor renovation and repairs (closed March 25, 2022) and $150 million for new construction and major renovation (closed January 31, 2023).
Both application rounds are closed. Enacted July 23, 2021.
An Expanded Learning Opportunity Program (ELO-P) is funded by the California Department of Education and run by a local educational agency or third party, serving pupils starting with kindergarten, including transitional kindergarten.
Family child care home licenses are issued by the California Department of Social Services through its Community Care Licensing Division, Child Care Licensing Program.
Quality Counts California is a statewide effort to strengthen early learning and care, funded by First 5 California, the California Department of Education and CDSS. It serves programs from family, friend and neighbor care to licensed homes and centers.
Family child care homes join through their local QCC Lead Agency (qualitycountsca.net/faqs).
A person with a current clearance or exemption to work or reside in a CDSS-licensed facility caring for children may be able to transfer it. CDSS encourages using its Guardian system to manage background checks.