5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: California uses the terms center-based care and day care center. California Health and Safety Code Section 1596.76 defines “Day Care Center” to mean a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers, while also including child care centers licensed pursuant to Section 1596.951. A day care center is also referred to as a “Child Care Center” or “center” and means any child care facility of any capacity, other than a family child care home as defined in California Code of Regulations, Title 22, Section 102352f(1), in which less than 24-hour per day non-medical care and supervision are provided to children in a group setting. (California Code of Regulations, Title 22, Section 101152(c)(7)). Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? ☐Yes. If yes, describe: ☐X No. b. Identify the family child care providers subject to licensing: Family child care providers that care for to children in the provider’s own home for periods of less than 24 hours per day while the parents or guardians are away, and who are not exempt from licensure, pursuant to Health and Safety Code Section 1596.792, are required to be licensed as a family day care home. A ”family day care home” is defined in Health and Safety Code Section 1596.78 and is also referred to as a “family child care home” pursuant to California Code of Regulations, Title 22, Section 102352(f)(1). All licensed family child care homes are subject to unannounced inspections once every three years, however Community Care Licensing Division strives to annually inspect all licensed child care facilities. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? ☐Yes. If yes, describe: ☐X No. c. Identify the in-home providers subject to licensing: Not applicable Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? ☐Yes. If yes, describe: Not applicable. ☐X No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. License-exempt center based child care includes public and private recreation programs; extended day care programs operated by public or private schools, such as the Expanded Learning Opportunities Program, the After School Education and Safety Program, and the 21st Century Community Learning Centers program; a school parenting program; a child day care program that operates only one day per week for no more than four hours on that day; a child day care program that offers temporary child care services to parents and guardians who are on the same premises as the site of the child day care program; and a program that provides activities for children of an instructional nature in a classroom-like setting during periods of the year when school-age children are normally not in session and which does not exceed a total of 30 days when only school-age children are enrolled or 15 days when children younger than school-age are enrolled and State Preschools (Health and Safety Code Sections 1596.792, 1596.793). ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Certain exemptions to the licensing requirements have elements that are based on length of day, number of children in care, or ages of the children in care. For example: a facility that operates a cooperative arrangement between parents is exempt as long as there are no more than 12 children receiving care in the same place at the same time. Similarly, a public recreation program that operates only during hours other than normal school hours for kindergarten and grades 1 to 12, inclusive, in the public school district where the program is located or operated only during periods when students in kindergarten and grades 1 to 12, inclusive, are normally not in session in the public school district where the program is located, for either: under 2 hours per week or for a total of 14 weeks or less during a 12 month period (this total applies to any 14 weeks within any 12-month period, without regard to whether the weeks are consecutive). Recreation programs conducted for children by the YMCA, Girl Scouts of USA, Boy Scouts of America, Boys and Girls Clubs, Camp Fire USA, organized camps, or similar organizations are exempt from licensing requirements (See Health and Safety Code Section 1596.792, 1596.793.). iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The exemptions, outlined in California Health and Safety Code Sections 1596.792 and 1596.793, limit the time periods an exempt facility is allowed to operate, the number and ages of children in care, or other specified conditions such as parents being onsite while their child is receiving services. Certain exempt programs are monitored and regulated by other state agencies, such as the California Department of Education or the California Department of Public Health. The oversight from other agencies may include background checks, training requirements, and building and grounds standards. Other exempt programs, such as recreation programs operated by the YMCA, Girl Scouts of the USA, Boy Scouts of America, Boys and Girls Clubs, or Camp Fire USA are nationally recognized and accredited programs with established safeguards in place. The children they serve are usually school-age children and care and supervision provided to the school-age children are incidental to the recreation activities provided. While the recreation programs are exempt from licensing, California law requires child care programs operated by these nationally recognized programs to be subject to the state’s licensing requirements. Finally, the Community Care Licensing Division’s Complaint Hotline allows for individuals to report unlicensed facilities that are not operating according to exemption requirements. b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. Providing care for the children of only one family, in addition to the operators own children, in the operator’s home is exempt from licensure pursuant to Health and Safety Code Section 1596.792(d). Any cooperative arrangement between parents for the care of their children when no payment is involved and specific conditions are met is exempt from licensure pursuant to Health and Safety Code Section 1596.792(e). The care of a child by a relative is exempt from licensure pursuant to Health and Safety Code Section 1596.792(f). ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Health and Safety Code Section 1596.792(d) does not include any age, time, or duration thresholds; however, it is limited to only caring for one family in addition to their own children. In a cooperative arrangement, parents combine their efforts so that each parent, or set of parents, rotates as the responsible caregiver with respect to all children in the cooperative; any person caring for children must be a parent or other specified relative 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; and no more than 12 children may receive care in the same place at the same time. For relative care, the child must be related to the caregiver. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The exemptions for license-exempt family child care do not endanger the health, safety, and development of children because the children are cared for by their relatives or by an individual who cares for the children of only one additional family besides the provider’s own children. The exemption for cooperative care similarly ensures that any person caring for children must be a parent, legal guardian, or specified family member of at least one of the children in the cooperative. Also, the TrustLine Registry background check process is required for license- exempt providers, except for grandparents, aunts and uncles, if they are compensated with funds pursuant to the Alternative Payment Program, Chapter 3 of Part 1.8 of the Child Care and Development Services Act. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. In-home care may occur in a cooperative arrangement or be provided by an individual who cares for the children of only one additional family besides the provider’s own children (Health and Safety Code Section 1596.792(d) & (e).). ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. No more than 12 children are allowed in cooperative care and each parent rotates as the responsible caregiver (California Health and Safety Code Section 1596.792(e)). There are no ratio or group size requirements for care involving children of only one family in addition to the provider’s own children (California Health and Safety Code Section 1596.792(d).). iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. The California Department of Social Services supports a parent’s right to choose the child care arrangement best suited to the child and family needs including actively working toward the removal of unnecessary barriers that prevent a family’s preference and choice of exempt providers and in-home care. The TrustLine Registry background check process is required for license-exempt providers, except for grandparents, aunts and uncles, if they are compensated with funds pursuant to the Alternative Payment Program, Article 3 (commencing with Section 8220) of Chapter 2 of Part 6 of the Education Code or pursuant to the federal Child Care and Development Block Grant Program.