About Childcare Licensing in California

Who Needs a License?

About Childcare Licensing

About Licensed Daycares & Preschools

See Also

 

BPN Reviews of Licensed Programs

Who Needs a License?


What kinds of programs need a license?

In California, whenever more than one child is being supervised in a place other than their own home, and their parents are not there, then that site is required to be licensed by the state. The license ensures that the site is safe for children, and that the caregiver has passed a background check and has basic knowledge about child safety and health. The State of California's Community Care Licensing (CCLD) is in charge of regulating this. BPN supports childcare licensing and does not accept postings for childcare that should be licensed but isn't.

There are several types of CCLD licenses that apply to postings on BPN:

  1. "Family Child Care Home"   On BPN, these are called "Daycares" or "Home-Based Daycares" or "Home-Based Preschools." These programs are in the home of the childcare provider or teacher, and may accept all ages, from newborns to after-school K-5 care. There are two levels: Small (up to 8 children) and Large (up to 14 children).

  2. "Child Care Center (Preschool)"   These are preschools that have their own site that is not someone's home, and typically accept 2-5 year olds. They may be as small as a home-based daycare, or they might be quite large, accepting more than 100 children. Capacity depends on the individual site, staffing, and ages of children.

  3. "Child Care - Infant Center"  Often called a "Childcare Center" these programs have their own site and are licensed to care for a pre-determined number of children between 0 to 24 months. They may also have an additional Preschool license for older kids.

  4. "School Aged Child Care Center"  These are after-school programs for children in Kindergarten and up. They may be licensed for a specific school and take place on site, or they may have a separate facility that serves multiple schools. After-school programs run by a city or a school district are not required to be licensed. 

Babysitters, Nannies & Nanny Shares

The CCLD regulations do not specifically address a situation where the childcare provider comes to the child's home, even if she/he is caring for children from more than one family.

As long as the care takes place in the home of one of the children, and no one who lives in the home is providing supervision or care, then a CCLD license is not required.

However, if care takes place in the person's home who is providing care/supervision, and there are children present from more than one other family, then this is considered a "Family Child Care Home" and requires a license from CCLD.

Although the State does not license or regulate babysitters and nannies who come to your home, the State Legislature created Trustline, a database of nannies and babysitters who have cleared criminal background checks in California. Parents can check the database for no charge. There is a fee of $135-$170 for a nanny to register with Trustline. Nanny agencies are required to register their employees with Trustline. See the Trustline website for more information.


Playgroups, Exchanges, Shares, and Co-ops

  • If they take place in someone's home, these DO need to be licensed if: 1) someone is being paid, AND 2) an adult who lives there is providing some or all of the supervision. This means that if you host a playgroup or preschool in your home that parents pay for, and you are responsible for some of the supervision or teaching, then your home needs a site license from CCLD.
  • If they take place at a site that is not someone's home, they DO need to be licensed unless every child's parent is present the entire time, or unless they are a type of program that doesn't need a license (see the next section).  CCLD regulations specifically address the adult-to-child ratio for co-ops that need a license.
  • Playgroups and other situations where every parent remains on site with their child the entire time do not need a license, regardless of where they take place or whether there is a fee.
  • Babysitting exchanges, where parents take turns caring for each others' children and no money changes hands, do not need a license.

For more information, see What is a babysitting co-op?

 


What kinds of programs do NOT need a license?

These are some of the kinds of childcare that do not need a license (check the regulations for details):

  • Nannies and babysitters who come to your home to care for your child.
  • Childcare you provide in your home for only one other family besides your own.
  • Childcare provided by a relative (aunt, uncle, grandparent).
  • Parent co-ops where parents take turns babysitting and no money changes hands.
  • Playgroups and similar programs where every child's parent remains with their child.
  • Programs run by a city, county, or school district
  • Once-a-week programs that are 4 hours or less.
  • Temporary childcare where parents are on site.
  • K-12 programs "of an instructional nature" during summer and school holidays
  • Programs for teen parents and adult education.

Regulations can change so check the full regulations online on the State of California's website:


About Childcare Licensing


What's a childcare license?

The State of California's Community Care Licensing Division (CCLD) regulates child care in California as well as senior and disabled care, adoption agencies, shelters, and other facilities. Licensed childcare providers have completed classes on child safety and health. They have been fingerprinted and TB-tested, the site has passed an inspection, and they have paid a yearly fee. Childcare providers may also have a business license from their city or county, but this is separate from a childcare license.

It is illegal in California to operate an unlicensed home daycare or childcare center. There are fines of up to $200 for each day of unlicensed operation. Childcare facilities are required by law to display their license at their site, as well as on any advertisements or announcements they post about openings.


Why should I care whether my daycare or preschool has a license?

The point of the licensing procedure is to protect children. The regulations ensure that anyone caring for children meets some basic standards, and that the site where the childcare takes place is safe for children. Parents are also given certain rights under these regulations.

Here are some of the benefits of licensed childcare:

  • All childcare providers must take a course on child health and safety issues, including CPR and first aid.
  • Directors of childcare centers and preschools must complete coursework in early childhood education.
  • Fingerprints and child abuse and criminal record checks are required for the childcare provider and any other staff or adults who live in the house or teach in the school, including participating parents.
  • An Emergency Care & Disaster Action Plan is required for the site.
  • On-site inspections are required to check for safety issues such as covered heaters and fireplaces, smoke alarms and fire extinguishers, ensuring hazardous materials are out of reach of children, and that outdoor play areas are safe.
  • Periodic unannounced inspections may be conducted by CCLD; site inspections are required within 10 days of someone filing a complaint.
  • For daycare centers and preschools, site requirements include a specified amount of indoor and outdoor space based on the number of children. Toilet and sink facilities designed for children are required.
  • Parents can file a complaint, and view any past violations or complaints about childcare facilities.
  • Providers must inform parents whether they have liability insurance.
  • Providers must inform parents of their rights, such as the right to enter and inspect the site at any time.
  • Adult-to-child ratios are regulated; the number of infants under two is restricted.

 


Why does BPN require license numbers on announcements?

In Nov 2010, Berkeley Parents Network began requiring license numbers on all postings about daycare and preschools. We made this change because we realized that BPN has become an important resource for parents for finding local childcare, and increasingly it is a primary resource for daycares and preschools to post about openings. Childcare providers in California are required by law to post their license number on any announcements or advertisements about their programs. While many daycares had been doing this when they posted an announcement in a BPN newsletter, many others had not, and we were concerned that we were allowing unlicensed daycares to advertise their programs in the newsletter. In addition, BPN has an extensive archive of parents' recommendations for local small daycares, some of which were not licensed. We did not want parents to have the mistaken impression that a daycare or preschool that other parents recommended was operating legally when it may not have been. We decided that we could no longer accept reviews of unlicensed daycares, and we updated all our reviews with license numbers, removing reviews for unlicensed facilities from our indexes.

 


About Licensed Daycares & Preschools


What are the limits on the number of children in a daycare?

Capacity is displayed on the facility's license, which is required to be visible on site. You can also find out the capacity in the searchable database on the CCLD website, or at the Regional office (see below for contact info.) Check the regulations above for any changes and for exact details, but as of this writing (Jan 2011), here are general guidelines:

  • Small Family Daycare (one adult care provider)
    • 4 children, all under 2 yrs 
      OR 
    • 6 children, where 0-3 of them are under 2 yrs 
      OR 
    • 8 children, if two or more of them are 6+ yrs AND only two babies under 2 yrs are being cared for when there are more than 6 children present.
  • Large Family Daycare (two adult care providers)
    • 12 children, where 0-4 of them are under 2 yrs 
      OR 
    • 14 children, if two or more are 6+ yrs AND only three babies under 2 yrs are being cared for when there are more than 12 children present.
  • Childcare Center or Preschool 
    A center's capacity is determined for each individual center and depends on a number of factors such as available space, fire clearance, staffing, and ages of children. Check the facility's license to see what their capacity is. Adult-to-child ratios also vary depending on the age of the children, the qualifications of the adult, and the activity (such as field trips vs. naptime). Here are the default ratios, which can vary, so check the regulations here for details.
    • Infants (0-18 mos.): 1:3 adult-child ratio
    • Toddler Program (18-30 mos.): 1:6 adult-child ratio
    • Preschoolers (36 mos - kindergarten entry): 1:8 adult-child ratio
    • Parent Co-ops: 1:5 adult-child ratio
    • Schoolaged K - 14 yrs: 1:14 adult-child ratio

Mixed Ages: ratios are determined by the percentage of children at each age level (see regulations for details)

 


How can I file a complaint about my child's daycare or preschool?

For Alameda and Contra Costa counties, contact:

BAY AREA REGIONAL OFFICE
1515 Clay Street, Suite 1102, MS 29-04
Oakland, CA 94612
(510) 622-2602
FAX (510) 622-2641 

For other California counties, and for more information, see Making a Complaint at the California Dept. of Social Services website.


I want to start a daycare at my home - what's involved?

For in-home care providers, the basic requirements are a 3-hour orientation and $25 application fee, followed by 15 hours of coursework on health and safety, fingerprinting and TB tests, and a home visit. You'll need to child-proof your home (including smoke alarms, fire extinguisher, etc.). As of 2011, the yearly license fee is $66 for Small daycares and $127 for Large.

Bananas in Alameda County offers help and support to people who want to become child care providers. See Bananas' Child Care Licensing page for information about who needs a license, how to get a license, and assistance that they can provide. They also have information sheets that you can download which explain the process step-by-step.

More information can be found at the CDSS website: Becoming a Licensed Child Care Provider