License Requirements for Child-Care Facilities

What does it mean for a child-care center or family day-care home to be licensed by the California State Department of Social Services? It means that DSS staff has investigated these homes and centers to see that they comply with certain health and safety standards required by law.

The staff investigates everything from sexual abuse to leaving the children with a teen-age neighbor while running out to the store to driving children in a car without a child seat.

After the first pre-licensing appointment, all the department’s visits, including complaint investigations, are unannounced. Also unannounced are the monthly visits paid to a random sample of 10% of licensed day-care homes.

When parents are checking out licensed facilities, they may call the department, (213) 337-4300, to find out if there are any substantiated complaints in the licensees’ folders. This includes any fines, suspensions or revocations in the licensee’s past.

Unsubstantiated complaints are confidential but anything that has been investigated and verified is a matter of public record and will be read to callers if workers are not too busy. Otherwise, it is necessary to go to the department to review the files. Social workers recommend a call 24 hours in advance to make sure the file for the specific school is available.

Parents Urged to Report

Licensing staff members encourage parents to report any situation that causes them concern. They will investigate the complaint anonymously. Since these calls remain a part of the provider’s folder, any pattern of non-compliance will become evident to an investigator.

For family day-care homes and child-care centers, only “constructive methods of discipline” are permitted. This means no slapping, no twisting of ears, no pulling of hair, nothing that can be considered humiliating, no deprivation of food or toilet access. Discipline must involve methods such as removing the child from an area. Even if the parents approve of spanking, it is not permitted in a licensed facility.

Other than restricting harsh discipline methods, the licensing program does not get involved in the day-to-day programs of the licensees. This is the province of the parents, who must find a facility that fits their own attitudes about rearing children.

Family Day Care:

Most family day-care homes are licensed for six children, including the provider’s own children under age 12. A few physically larger homes with larger staffs may be licensed for 12 children.

All adults in the home--the provider, spouse, adult children and any paid helpers--must have a criminal-record clearance.

The licensing inspector in a home call must find that the home is clean and orderly, has smoke detectors or a fire extinguisher, a telephone and appropriate toys and play equipment.

The home must be “free of defects,” which means fireplaces must have screens, gas heaters must be permanently installed and ventilated, stairs must have child safety gates, swimming pools must be behind a five-foot fence and hot tubs and other pools of water must have a cover that can support the weight of an adult.

The yard does not have to be fenced, but, if it is not, the provider must be outside whenever the children are playing in the yard. In some busy areas, fencing is required.

All poisons, knives and other dangerous materials must be locked up or stored in places inaccessible to children. Firearms must be locked away and the guns and ammunition stored separately.

The provider must have a written disaster plan and know where all utility shut-off valves are.

The provider is required to keep basic records on each child, including emergency and medical information.

Child-Care Centers

Child-care centers undergo even more extensive examination, including clearance by the local fire department. Facilities are licensed for infant care (under age 2), preschool care (ages 2 to 4.9 years) and extended day care (up to age 12), or a combination of these.

They are licensed for a maximum capacity depending on several factors: what the fire department says; indoor space, with a minimum of 35 square feet per child needed; outdoor space, minimum 75 square feet per child; toilet and hand-washing facilities, one sink and one toilet required for every 15 children and a separate lavatory for the staff.

The yard must be completely fenced.

The facility must have appropriate equipment for play as well as chairs and cots for each child.

Each facility must be headed by a qualified director who must have had a minimum of 15 semester hours of early childhood education.

The ratio of teachers to children must be no greater than one qualified teacher to 12 children or one teacher and assistant for 15.

The director must have a written agreement with all parents specifying the refund policy, whether missed days can be made up or are lost, what the fee is and when it is to be paid.

The director must keep records on the children and staff, including transcripts, job application, tuberculosis clearance and medical history.

Parents who have had experience selecting child-care facilities advise first-timers to settle a number of touchy issues before establishing a day-to-day relationship with a provider. Some subjects, which can be discussed matter-of-factly during the interview, can turn into hot potatoes later.

What happens if a child is home sick for a day or two, a week or two? Is the provider paid regardless? Is pay required when the family goes on vacation? What about when the provider goes on vacation? Or, in the case of child-care centers, do they close during holiday periods? Most providers feel that parents are paying for a space in their facility and they expect to be paid whether or not the child attends. After all, they cannot take in an extra child for the one day or one week the child is sick.

When parents or guardians agree to a child-care arrangement with a licensed provider, they should expect to pay the same amount every week, 52 weeks a year, until the relationship is terminated.