California Code of Regulations
Title 22 - Social Security
Division 12 - Child Care Facility Licensing Regulations
Chapter 3 - Family Day Care Homes for Children
Article 6 - Continuing Requirements
Section 102416.5 - Staffing Ratio and Capacity
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The capacity specified on the license shall be the maximum number of children for whom care may be provided at any one time.
(b) For a Small Family Child Care Home, the maximum number of children for whom care may be provided at any one time, including children under age 10 who reside at the licensee's home, shall be one of the following:
(c) The total licensed capacity for a Small Family Child Care Home shall not exceed eight children.
(d) For a Large Family Child Care Home, the maximum number of children for whom care may be provided at any one time when there is an assistant provider in the home, including children under age 10 who reside at the licensee's home and the assistant provider's children under age 10, shall be either:
(e) If no assistant provider is present at a Large Family Child Care Home, then the licensee shall comply with the capacity requirements for a Small Family Child Care Home as specified in subsections (b) and (c).
(f) The total licensed capacity for a Large Family Child Care Home shall not exceed fourteen children.
(g) For the purpose of meeting the criteria in Sections 1597.44 and 1597.465 of the Health and Safety Code, for a school age child who is under age six, the licensee shall maintain documentation verifying the child's enrollment and attendance at kindergarten, including transitional kindergarten, or elementary school.
(h) For a Family Child Care Home that meets the criteria in Sections 1597.44 or 1597.465 of the Health and Safety Code to care for up to two additional children, the licensee shall maintain proof of parent notification in the child's record pursuant to Section 102421.
(i) For the purpose of meeting the criteria in Sections 1597.44 and 1597.465 of the Health and Safety Code "school age child" means a child who meets one of the following criteria:
1. Change
without regulatory effect amending subsection (c) filed 5-7-92 pursuant to
section 100, title 1, California Code of
Regulations (Register 92, No. 20).
2. Amendment of subsections (a),
(b) and NOTE filed 9-26-95; operative 10-26-95 (Register 95, No.
39).
3. Amendment of section and NOTE filed 10-6-97; operative
11-5-97 (Register 97, No. 41).
4. Amendment of subsections (a) and
(b), new subsections (b)(3) and (c), subsection relettering, amendment of newly
designated subsection (d), new subsections (d)(2)-(i)(2) and amendment of NOTE
filed 2-10-2016; operative 4-1-2016 (Register 2016, No.
7).
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.78, 1597.44 and 1597.465, Health and Safety Code.