"Child Care Facility" or "Child Day Care Facility" (or "facility") means any place or building in which less than 24-hour per day nonmedical care and supervision, as defined in Section 101152c.(2), are provided to children in a group setting. The term "Child Care Facility" supersedes the term "Child Day Care Facility" as used in previous regulations. Cal. Code Regs. tit. 22, § 101152(c)(9).
Family Child Care Homes
"Family Day Care" or "Family Child Care" means regularly provided care, protection and supervision of children, in the care giver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away. The term "Family Child Care" supersedes the term "Family Day Care" as used in previous regulations.
- "Small Family Child Care Home" means a home that provides family child care for up to six children, or for up to eight children if the criteria in Section 102416.5(b) are met. These capacities include children under age 10 who live in the licensee's home.
- "Large Family Child Care Home" means a home that provides family child care for up to 12 children, or for up to 14 children if the criteria in Section 102416.5(c) are met. These capacities include children under age 10 who live in the licensee's home and the assistant provider's children under age 10. Cal. Code Regs. tit. 22, § 102352(f)(1).
Infant Care Centers
Infant Care Center" means any child care center or part of a child care center of any capacity where less than 24-hour per day nonmedical care and supervision are provided to infants in a group setting. Cal. Code Regs. tit. 22, § 101152(i)(2).
Child Care Centers for Mildly Ill Children
Child Care Centers
"Child Care Center" or "Day Care Center" (or "center") means any child care facility of any capacity, other than a family child care home as defined in Section 102352f.(1), in which less than 24-hour per day nonmedical care and supervision are provided to children in a group setting. The term "Child Care Center" supersedes the term "Day Care Center" as used in previous regulations. Cal. Code Regs. tit. 22, § 101152(c)(7).
As specified in Health and Safety Code Section 1596.792, the child care center regulations contained in this division shall not apply to any of the following:
- Any health facility, as defined by Section 1250 of the Health and Safety Code.
- Any clinic, as defined by Section 1202 of the Health and Safety Code.
- Any community care facility, as defined by Section 1502 of the Health and Safety Code.
- Any family day care home providing care for the children of only one family in addition to the operator's own children.
- Any cooperative arrangement between parents for the care of their children where no payment is involved and the arrangement meets all of the following conditions:
- In a cooperative arrangement, parents shall combine their efforts so that each parent, or set of parents, rotates as the responsible care giver with respect to all the children in the cooperative.
- Any person caring for children shall be a parent, legal guardian, stepparent, grandparent, aunt, uncle, or adult sibling of at least one of the children in the cooperative.
- There can be no payment of money or receipt of in-kind income in exchange for the provision of care. This does not prohibit in-kind contributions of snacks, games, toys, blankets for napping, pillows, and other materials parents deem appropriate for their children. It is not the intent of this paragraph to prohibit payment for outside activities, the amount of that may not exceed the actual cost of the activity.
- No more than 12 children are receiving care in the same place at the same time.
- Any arrangement for the receiving and care of children by a relative.
- Any public recreation program. "Public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county that meets either of the following criteria:
- The program is operated only during hours other than normal school hours for grades K12, inclusive, in the public school district where the program is located, or operated only during periods when students in grades K-12, inclusive, are normally not in session in the public school district where the program is located, for either of the following periods: 1. For under 16 hours per week. 2. For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12-month period, without regard to whether the weeks are consecutive.
- The program is provided to children who are over the age of four years and nine months and not yet enrolled in school and the program is operated during either of the following periods: 1. For under 16 hours per week. 2. For a total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12-month period, without regard to whether the weeks are consecutive.
- The program is provided to children under the age of four years and nine months with sessions that run 12 hours per week or less and are 12 weeks or less in duration. A program subject to this paragraph may permit children to be enrolled in consecutive sessions throughout the year. However, the program shall not permit children to be enrolled in a combination of sessions that total more than 12 hours per week for each child.
- Public and private schools that operate a program before and/or after school for school-age children provided all of the following conditions are met:
- The program offered by a school must be operated by the school and run by qualified teachers employed by the school or the school district.
- An outside organization or individual using a public or private school site to operate child care program is subject to licensure, even if the program is open only to the children enrolled at that school.
- Any school parenting program or adult education child care program that satisfies both of the following:
- Is operated by a public school district or operated by an individual or organization pursuant to a contract with a public school district.
- Is not operated by an organization specified in Section 1596.793.
- Any child day care program that operates only one day per week for no more than four hours on that one day.
- Any child day care program that offers temporary child care services to parents and which satisfies both of the following:
- The services are only provided to parents and guardians who are on the same premises as the site of the child day care program.
- The child day care program is not operated on the site of a ski facility, shopping mall, department store, or any other similar site identified by the department by regulation.
- Any program that provides activities for children of an instructional nature in a classroom-like setting and satisfies both of the following:
- Is operated only during periods of the year when students in grades K-12, inclusive, are normally not in session in the public school district where the program is located due to regularly scheduled vacations.
- Offers any number of sessions during the period specified in paragraph (A) that when added together do not exceed a total of 30 days when only schoolage children are enrolled in the program or 15 days when children younger than schoolage are enrolled in the program.
- A program facility administered by the Department of Corrections that (1) houses both women and their children, and (2) is specifically designated for the purpose of providing substance abuse treatment and maintaining and strengthening the family unit pursuant to Chapter 4 (commencing with Section 3410) of Title 2 of Part 3 of the Penal Code, or Chapter 4.8 (commencing with Section 1174 of Title 7 of Part 2 of that code. Cal. Code. Regs. tit. 22, § 101158(a).
Current through August 2017. For a PDF of the 50-state dataset, click here (this is a large document - you may need to use the zoom function in order to read it).