Start a Daycare in California – Licensing – Regulations – Laws

NEW! GET A CALIFORNIA DAYCARE/CHILD CARE LICENSE START A DAYCARE IN CALIFORNIA
APPLICATION FOR A LICENSE CRIMINAL RECORD CLEARANCE
FINGERPRINTING REQUIREMENT LICENSING FEES
REPORTING REQUIREMENTS QUALIFICATIONS OF ADMINISTRATOR
PERSONNEL REQUIREMENTS TEACHER QUALIFICATIONS
FIND A DAYCARE OR CHILD CARE IN CALIFORNIA

Parents are always on the look-out for child care facilities that will give them assurance that the personnel who will care for their children are qualified and had passed scrutiny and examination of the government. The State of California regulates child care facilities to guarantee that only the best care will be provided to the children who are entrusted to them by their parents. Child care centers that do not follow the regulations or unable to meet the standards set forth by state laws and regulations have their licenses revoked or cancelled.

LICENSE

A person, firm, partnership, association, or corporation may establish, operate, manage, conduct, or maintain a child day care facility in the state of California only after obtaining a valid license granted by the Department of Social Services.

APPLICATION FOR A LICENSE

Any adult may apply for a license regardless of age, sex, race, religion, color, political affiliation, national origin, disability, marital status, actual or perceived sexual orientation, or ancestry. Any adult, partnership, corporation, county, city, public agency or other governmental entity wishing to obtain a license shall fill out and file with the Department of Social Services, State of California, an Application Booklet, as well as other documentary requirements.

Prior to filing a License Application and the documentation required, the applicant(s) shall attend an orientation provided by the Department, which shall cover the steps in completing the application process and the regulatory powers of the Department.

The license application and supporting documents shall together contain the following:

  1. Proposed name and address of the child care facility.
  2. Name, residence and mailing addresses of applicant.
  3. If the applicant is leasing or renting the premise of the child care center, a copy of the lease or rental agreement and the name, address, and telephone number of the property owner.
  4. What category of child care center is to be operated.
  5. Proposed number of children to be admitted.
  6. Age range of children to be served including children with disabilities and/or non ambulatory children.
  7. Hours the child care center plan to operate.
  8. Name of administrator.
  9. Disclosure of the applicant’s prior or present service as an administrator, general partner, corporate officer or director of, or as person who has held or holds beneficial ownership of 10 percent or more in any child day care facility or in any facility licensed by the Department of Social Services.
  10. Disclosure of revocation or other disciplinary action taken or in the process of being taken against a license held or previously held by the entities who are applying for the current license.
  11. Name, address and telephone number of the city or county fire departments, the district providing fire protection services, or the State Fire Marshal’s office with jurisdiction in the area where the child center is located.
  12. A plan of operation that must be submitted to the Department with the license application. The plan and related materials shall contain the following:
    • Statement of purposes, and program methods and goals.
    • Statement of admission policies and procedures.
    • A copy of the admission agreement.
    • Applicable administrative organization.
    • Staffing plan, qualifications and duties, if applicable.
    • Plan for the in-service education of staff if required by regulations governing the specific child care center category.
    • A sketch of the building to be occupied, including a floor plan that describes the capacities of the buildings and the uses intended, the room dimensions, and the rooms to be used for non ambulatory children; and a sketch of the grounds that shows buildings, driveways, fences, storage areas, pools, gardens, recreation areas and other spaces used by the children.
    • Sample menus and a schedule for one calendar week.
    • Transportation arrangements for children who do not have independent arrangements.
    • Rate-setting policy including a policy on refunds.
    • Consultants and community resources to be utilized by the child care center as part of its program.
    • Proposed changes in the plan of operation that affect services to children shall be subject to departmental approval prior to implementation and shall be reported as specified.
    • The child care center shall operate in accordance with the terms specified in the plant of operation.
  13. Fingerprint cards as required by the Criminal Record Clearance.
  14. Requests to check the Child Abuse Registry.
  15. A health screening report on the applicant.
  16. The processing fee for an application.
  17. Water supply clearance.
  18. Any other information as may be required by the Department for the proper administration and enforcement of the law.
  19. Evidence satisfactory to the Department that the applicant is a reputable and responsible character. This evidence shall include, but not limited to, a criminal record clearance, employment history, and character reference

The application shall be signed by the applicant. If the applicant is a partnership, the application shall be signed by each partner. If the applicant is a corporation, county, city, public agency or other government entity, the application shall be signed by the chief executive officer of the authorized representative. The application shall be filed with the Department’s office that serves the geographical area in which the child care center is located.

CRIMINAL RECORD CLEARANCE

Before a license or special permit to operate or manage a day care facility is issued to any person, the Department shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in the application booklet has ever been convicted of a crime other than a minor traffic violation, or arrested for any crime for which the Department cannot grant an exemption if the person was convicted and the person has been not been exonerated. The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information. No fee shall be charged by the Department of Justice or the Department for the fingerprinting of an applicant who will serve six or fewer children or any family day care applicant for a license or for obtaining a criminal record of such an applicant. A second set of fingerprints shall be submitted by the applicant to the Department of Justice for the purpose of searching the records of the Federal Bureau of Investigation for any arrest and criminal conviction.

In addition to the applicant, a criminal record clearance shall also be required of the following:

  • Adults responsible for administration or direct supervision of staff.
  • Any person, other than a child, residing in the facility.
  • Any person who provides care and supervision to the children.
  • Any staff person, volunteer or employee who has contact with the children.
  • If the applicant is a firm, partnership, association, or corporation, the chief executive or any person serving in such capacity, or any person designated by the chief executive officer to be the responsible for the operation of the facility.
  • If the applicant is a local agency, the president of the governing board, the school district superintendent, or a person designated to administer the operation of the facility.
  • Any other officers of the governing body of the applicant, or persons with a financial interest in the applicant, with capability to exercise substantial influence over the operation of the facility.

FINGERPRINTING REQUIREMENT

All individuals subject to criminal record review shall be fingerprinted and sign a Criminal Record Statement under penalty of perjury.

The licensee must submit these fingerprints to the California Department of Justice, along with a second set of fingerprints for the purpose of searching the database of the Federal Bureau of Investigation. The licensee must submit the fingerprints personally to the California Department of Justice or send the same by electronic transmission to the California Department of Justice by a fingerprinting entity approved by the California Department of Social Services.

CHILD ABUSE CENTRAL INDEX REVIEW

Before a license for a child care center is issued, the California Department of Social Services shall conduct a Child Abuse Central Index review for the applicant and all individuals who are subject to a criminal record review. The Department shall have the authority to approve or deny a facility license, employment, or presence in the facility based on the results of such review. The applicant is required to submit the Child Abuse Central Index check for all individuals required to be checked directly to the California Department of Justice at the same time that the individuals’ fingerprints are submitted for a criminal background check.

FIRE CLEARANCE

All child care centers shall secure and maintain a fire clearance approved by the city or county fire department, the district providing fire protection services, or the State Fire Marshal. The request for fire clearance shall be made through and maintained by the Department of Social Services. The applicant for a license shall notify the Department of Social Services if the child care center plans to enroll children who are non ambulatory so that an appropriate fire clearance, approved by the city or county fire department, the district providing fire protection services, or the Stat Fire Marshal can be obtained prior to the acceptance of such non ambulatory children.

WATER SUPPLY CLEARANCE

As a condition for initial licensing, the applicant shall provide evidence of an onsite inspection of the source of the water and a bacteriological analysis that establishes the safety of the water. The inspection and the bacteriological analysis shall be conducted by the local health department, the California Department of Health Services or a licensed commercial laboratory.

DISASTER AND MASS CASUALTY PLAN

Every licensee shall have a disaster and mass casualty plan of action which shall be in writing and must be readily available. The plan which is subject to review by the Department of Social Services shall include the following:

  1. Designation of administrative authority and staff assignments.
  2. Contingency plans for action during fires, floods and earthquakes.
  3. Any special methods and procedures necessary for the evacuation and relocation of non ambulatory children.

The licensee shall instruct all children, if age and abilities allow, and all child care personnel, including volunteers, in their duties and responsibilities under the plan. Disaster drills must be conducted at least once every six months, such drill not requiring travel away from the child care center grounds nor contact with local disaster agencies. Such drills must be documented, with the documentation kept in the child care center for at least one year.

LICENSING FEES

An application fee, adjusted by facility and capacity, shall be charged by the Department of Social Services for the issuance of a license to operate a child day care facility. After initial licensure, a fee shall be charged by the department annually, on each anniversary of the effective date of the license. The fees shall be assessed as follows:

Facility Type Capacity Application Fee Annual Fee
Family Day Care 9-14 $60.00 $60.00
Day Care Centers 1-30 $400.00 $200.00
31-60 $800.00 $400.00
61-75 $1,000.00 $500.00
76-90 $1,200.00 $600.00
91-120 $1,600.00 $800.00

REPORTING REQUIREMENTS

Each licensee or applicant for a license shall furnish the Department the following:

  1. The name of the child care center director, and any fully qualified teacher(s) designated to act in the director’s absence, shall be reported to the Department within 10 days of a change of child care center director.
  2. The licensee shall notify the Department in writing of his/her intent prior to making any structural changes that reduce the total amount of indoor or outdoor activity space like room addition.
  3. A report must be submitted to the Department by telephone or fax upon the occurrence of any of the following events:
    • Death of any child from any cause.
    • Any injury to any child that requires medical treatment.
    • Any unusual incident or child absence that threatens the physical or emotional health or safety of any child.
    • Any suspected physical or psychological abuse of any child.
    • Epidemic outbreaks.
    • Poisoning
    • Catastrophes.
    • Fires or explosions that occur in or on the premises.
  4. The following shall be reported to the Department within 10 working days following their occurrence:
    • Organizational changes
    • Any change in the licensee’s or applicants mailing address
    • Any change of the chief executive officer of a corporation, of the general partner(s) of a partnership, or of the controlling partners in a limited liability company.
    • Any change in the plan of operation that affects services to children.

QUALIFICATIONS OF ADMINISTRATOR

The licensee, if an individual or any member of the governing board of the licensed corporation, may be the administrator of the child care center provided he meets the following qualifications:

  • Must be at least 18 years of age.
  • Knowledge of the requirements for providing the type of care and supervision children need, and the ability to communicate with such children.
  • Knowledge of and ability to comply with applicable laws and regulations.
  • Ability to maintain or supervise the maintenance of financial and other records.
  • Ability to establish the center’s policy, program and budget.
  • Ability to recruit, employ, train, direct and evaluate qualified staff, and to terminate employment of staff.

QUALIFICATIONS OF CHILD CARE CENTER DIRECTOR

All child care centers shall have a director who shall be responsible for the operation of the center, compliance with regulations, and for communication with the Department of Social Services. The child care center director shall have the authority to acknowledge receipt of deficiency notices and to correct deficiencies that pose immediate threats to children’s health and safety.

The administrative responsibility and authority delegated to the child care center director shall be in clear, written statement, given to said director and a copy of which shall be made available to the Department of Social Services upon request.

A child care center director must have completed one of the following prior to appointment:

  • High school graduation or GED; completion of 15 semester or equivalent quarter units from an accredited or approved college or university, three units of which shall be in administration or staff relations and the remaining twelve units on courses that cover the general areas of child growth and development, child, family and community, and program curriculum; and at least four years of teaching experience in a licensed child care center or equivalent.
  • An associate of arts degree from an accredited or approved college or university with major or emphasis in early childhood education or child development; and at least two years of teaching experience in a licensed child care center or any comparable group child care program.
  • A bachelor’s degree from an accredited or approved college or university with a major in early childhood education or child development and at least one year of teaching experience in a licensed child care center or comparable group child care program.

The child care center director, or a teacher, at each day care center shall have at least 15 hours of training on preventive health practices.

PERSONNEL REQUIREMENTS

Child care center personnel need the competency to provide the services necessary to meet the individual needs of children in care and shall at times be employed in numbers sufficient to meet those needs. The Department of Social Services may at times require a licensee to provide additional staff whenever the Department determines that additional staff will be required for the provision of services necessary to meet the needs of the children in care. The following factors shall be considered in determining the need for additional staff:

  • Needs of the children.
  • Extent of the services provided by the center.
  • Physical arrangement of the center.
  • Existence of a state of emergency or disaster.

The licensee may utilize volunteers to meet the personnel need provided that such volunteers are supervised and are not included in the center’s staffing plan. All personnel must complete on-the-job training or must have related experience that demonstrates knowledge of and skill in the following areas:

  • Principles of nutrition, food preparation and storage, and menu planning.
  • Housekeeping and sanitation principles, including universal health precautions.
  • Provision of child care and supervision, including communication.
  • Assistance with prescribed medications that are self-administered.
  • Recognition of early signs of illness and the need for professional assistance.
  • Availability of community services and resources.

At least one staff member who is trained in pediatric cardiopulmonary resuscitation and pediatric first aid must be present when children are at the child care center or offsite for center activities.

TEACHER QUALIFICATIONS

To be fully qualified as a teacher in a child care center, a person must have one of the following:

  1. Twelve postsecondary semester or equivalent quarter units in early childhood education or child development completed with passing grades at an accredited or approved college or university; and at least six months of work experience in a licensed child care center or comparable group child care program.
  2. A current and valid Child Development Associate (CDA) credential with the appropriate age-level endorsement issued by the CDA National Credentialing Program of the Council for Early Childhood Professional Recognition; and at least six months of on-the-job training and/or work experience in a licensed child care center.
  3. One of the following Child Development Permits issued by the California Commission on teacher Credentialing:
    • Child Development Associate Teacher Permit or
    • Child Development Teacher Permit or
    • Child Development Master Teacher Permit

TEACHER AIDE QUALIFICATIONS

Child care centers aide assisting a fully qualified teacher in the supervision of up to 18 preschool-age children must meet the following requirements:

  • Completion of six postsecondary semester or equivalent quarter units in early childhood education or child development, or
  • Completion of at least two postsecondary semester units or equivalent quarter units in early childhood education or child development each semester or quarter following initial employment, and
  • Continuation in the education program each semester or quarter until six units have been completed.

An aide shall work only under the direct supervision of a teacher.

TEACHER CHILD RATIO

There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance except when the licensee uses teacher aides in a teacher-child ratio of one teacher and one aide for every 15 children in attendance, or in child development program funded by the California Department of Education that follows a different teacher-child ratio.

PERSONNEL RECORDS

The child care center must maintain personnel records of the licensee, administrator and each employee. Each personnel record shall contain the following information:

  • Employee’s full name
  • Driver’s license number if the employee is to transport children.
  • Date of employment.
  • A statement signed by the employee that he/she is at least 18 years of age.
  • Current home address and phone number.
  • Documentation of the educational background, training and/or experience.
  • Past experience, including types of employment and former employers.
  • Duties of the employee.
  • Termination date if no longer employed by the child care center.
  • A signed and dated copy of a Notice – Employee Rights
  • A health screening
  • Tuberculosis test documents
  • A signed statement regarding their criminal record history
  • Documentation of either a criminal record clearance or a criminal record exemption.

ADMISSION POLICIES

Child care centers must have written admission policies which must be available to the public. The policies must coincide with the limitations stated on the license, and shall include, but not limited to the following:

  • Written admission criteria designating those children whose needs can be met by the center’s program and services.
  • The ages of children who will be accepted.
  • The program activities.
  • The supplementary services provided, if any.
  • Field-trip provisions, if any.
  • Transportation arrangements, if any.
  • Food service provisions.
  • Medical-assessment requirement

A licensee who provides care to children with disabilities must be able to meet the individual needs of those children.

ADMISSION AGREEMENTS

The licensee and the child’s authorized representative shall jointly complete an individual admission agreement for a child. This document must be maintained at the child care center and must be available for review. The admission agreements shall specify the following:

  • Basic services.
  • Available optional services.
  • Payment provisions that include the basic rate, optional service rates, payor, due date and frequency of payment.
  • Modification conditions, including the requirements that the child’s authorized representative must be given at least 30-calendar day prior written notice of any basic rate change.
  • Refund conditions.
  • Right of the Department to perform its inspection authority.
  • Conditions under which the agreement may be terminated.

The licensee or his designee, and the child’s authorized representative shall sign the child’s admission agreement not later than seven calendar days following the child’s admission into the child care center. A copy of the agreement shall be given to the child’s authorized representative while the original copy is kept by the licensee. The admission agreement shall be automatically terminated by the death of the child with no liability or debt accruing after the date of death.

CHILD’S MEDICAL ASSESSMENT

The licensee shall obtain a written medical assessment of the child prior to, or within 30 calendar days following the enrollment of the child in the child care center. This will enable the licensee to assess whether the center can provide necessary health-related services to the child. Such assessment is to be performed by, or under the supervision of, a licensed physician and must not be more than one year old when obtained. The medical assessment shall provide the following:

  • A record of any infectious or contagious diseases that would preclude care of the child by the licensee.
  • Results of a test for tuberculosis.
  • Identification of the child’s special problems and needs.
  • Identification of any prescribed medications being taken by the child.
  • Ambulatory status.

The Department of Social Services has the authority to require the licensee to obtain a current medical assessment when it is necessary to verify the appropriateness of a child’s placement. If a medical assessment is not available for a child and cannot be obtained within 30 days of admission, a medical appointment date shall be obtained from the authorized representative and a TB test shall be obtained on the child within 30 days of admission.

IMMUNIZATION

The California Code of Regulations require immunizations for admission to and attendance at a public or private elementary or secondary school, child care center, day nursery, nursery school, or family day care home, or developmental center. Those children who lack documentation of having received all the required vaccine doses and has not obtained a permanent medical exemption or a personal beliefs exemption to immunization may be admitted conditionally if:

  • The child has not received all the immunizations required for his age group but has commenced receiving doses of all the vaccines, is not currently due for any doses at the time of admission, and the child’s parent or guardian is notified of the date by which the child must complete all the required immunizations.
  • The child is under age 18 months and has received all the immunizations received for his age group.
  • The child has received a temporary medical exemption from immunization and the child’s parent or guardian is notified of the date by which the child must complete all the required immunizations when the temporary exemption terminates, or
  • The child is entering a child care center governed by the Education Code where a different deadline for obtaining all required immunizations may apply.

CHILD’S RECORDS

The licensee shall see to it that a separate, complete and current record for each child is maintained in the child care center. Each record shall contain information including, but not limited to the following:

  1. Name of child.
  2. Birth date.
  3. Sex.
  4. Date of admission.
  5. Name, address and telephone number of the child’s authorized representative and of relatives or others who can assume responsibility for the child if the authorized representative cannot be reached when necessary.
  6. A signed copy of the admission agreement.
  7. Name, address and telephone number of the child’s physician and dentist and any other medical/dental or mental health provides.
  8. Medical assessment, including ambulatory status, and the following health information:
    • Dietary restrictions and allergies.
    • Instructions for action to be taken in case the child’s authorized representative, or the physician designated by the authorized representative, cannot be reached in an emergency.
    • A signed consent form for emergency medical treatment.
  9. Record of any illness or injury requiring treatment by a physician or dentist and for which the center provided assistance to the child in meeting his necessary medical or dental needs.
  10. Record of current medication, including the name of the prescribing physician, and instructions, if any, regarding control and custody of medications.
  11. Signed and dated authorization from the child’s authorized representative for each activity away from the center.
  12. Date of termination of services.

All information and records obtained from or regarding children shall be confidential.

HEALTH RELATED SERVICES

It is the responsibility of the licensee to immediately notify the child’s authorized representative if the child becomes ill or sustains an injury more serious than a minor cut or scratch. The licensee must get specific instructions from the authorized representative regarding the action to be taken.

In case of an illness severe enough to require isolation of the child, the center must be equipped to isolate and care for any child who becomes ill during the day.

FOOD SERVICE

In child care centers that provide meals to children, the following shall apply:

  1. All food shall be safe and of the quality and in the quantity necessary to meet the needs of the children. All food shall be selected, stored, prepared and served in a safe and healthful manner.
  2. Where all food is provided by the center, arrangements shall be made so that each child has at least three meals per day. Not more than 15 hours shall elapse between the third meal of the one day and the first meal of the following day.
  3. Where meal service within a center is elective, arrangements shall be made to ensure availability of a daily food intake meeting the requirements of all children who elect meal service in their admission agreement.
  4. Between meals, snacks shall be available for all children unless the food a child may eat is limited by dietary restrictions prescribed by a physician. Each snack shall include at least one serving from each of two or more of the four major food groups.
  5. The following shall be offered daily:
    • Full-day programs shall offer a midmorning and mid afternoon snack.
    • Full-day programs shall ensure that each child has a lunch.
    • Half-day programs shall offer a midmorning or mid afternoon snack.
  6. Menus shall be in writing and shall be posted at least one week in advance in an area accessible for review by the child’s authorized representative. Copies of the menus shall be dated and kept on file for at least 30 days.
  7. Modified diets prescribed by a child’s physician as a medical necessity shall be provided.
  8. Commercial foods shall be approved by appropriate federal, state and local authorities.
  9. Where indicated, food shall be cut, chopped or ground to meet individual needs.

PHYSICAL ENVIRONMENT

BUILDINGS AND GROUNDS
The child care center must be clean, safe, sanitary, and in good condition at all times to ensure the safety and well-being of the children, employees and visitors. The licensee shall take measures to keep the center free of flies, other insects, and rodents. Water and any disinfectants or solutions that had been used for cleaning must be safely disposed.

Licensee shall ensure the inaccessibility of pools, including swimming pools, fixed-in-place wading pools, hot tubs, spas, fish ponds or similar bodies of water, through a pool cover or by surrounding the pool with a fence. Fences should be at least five feet high and shall be constructed so that the fence does not obscure the pool from view.

OUTDOOR ACTIVITY SPACE

There should be at least 75 square feet per child of outdoor activity space based on the total licensed capacity. Swimming pools and adjacent deck, natural or man-made hazards such as canals, cliffs, condemned buildings, etc. shall not be included in the calculation of outdoor activity space. The outdoor activity space shall be situated to:

  • Provide a shaded rest area for the children.
  • Permit children to reach the outdoor activity space safely.

INDOOR ACTIVITY SPACE

There should be at least 35 square feet of indoor activity space per child based on the total licensed capacity of the child care center. Bathrooms, halls, offices, isolation areas, food-preparation areas and storage places, floor space occupied by shelves, permanent built-in cabinets, and office equipment shall not be included in the calculation of indoor activity space. Floor area under tables, desks, chairs and other equipment intended for use as part of children’s activities are to be included in the calculation of indoor activity space.

The floors of all rooms must have a surface that is safe and clean

WADING POOL

Fencing is not required for inflatable or other portable plastic wading pools whose sides are low enough for children using such pool to step out unassisted. These pools must be emptied after each use and must be stored properly.

FIXTURES, FURNITURES, EQUIPMENT AND SUPPLIES

The child care center licensee must maintain the temperature in rooms occupied by children between a minimum of 68 degrees F and a maximum of 85 degrees F. All window screens must be in good condition and free of insects, dirt and debris. Fireplaces and open-faced heaters must be made inaccessible to children to ensure their safety.

Lamps or lights as necessary in all rooms and others areas to ensure the comfort and safety all persons in the child care center must be provided by the licensee. Faucets used by children for personal care must deliver hot water. All toilets, hand washing and bathing facilities must be maintained in safe and sanitary operating conditions. Additional equipment, aids and/or conveniences shall be provided as needed in centers

DRINKING WATER

Drinking water from non-contaminating fixture or container must be made available both indoors and in the outdoor activity area of the child care center. Children must be free to drink as they wish. Anchored steps or a broad-based platform must be utilized when a drinking fountain is too high for the children in the child care center.

FIND A DAYCARE OR CHILD CARE IN CALIFORNIA

State Licensing Contact

All questions and inquiries on matters related to licensing of a child care center must be addressed to:

California Department of Social Services
Community Care Licensing Division
Child Care Program Office
744 P Street, M.S. 19-48
Sacramento, CA 95814

{ 1 comment… read it below or add one }

Jackie Connet May 10, 2010 at 10:47 pm

Is there any way to have someone help me with the entire application process?

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