Family Child Care Toolkit
Section 2: Licensing

Licensing

Process: In order to operate a licensed family child care business in your home, you must comply with all licensing regulations. Understanding and following these rules are important and help you to start and maintain a safe effective child care business.  

Watch this short video as part of your decision-making process.  Is Family Child Care the Rights Business for Me?

Why Licensing is Important

Licensing helps keep children safe by setting basic health and safety rules for child care. Following these rules shows that you care about doing a good job, helps protect children, and builds trust with parents.

  • If you choose not to get licensed, you may be eligible to become an exempt provider if your service meets the following requirements. You only care for one family’s children and/or relative children. If you are going to serve children under these conditions and the family has a child care subsidy, you will need to go through the Trustline process.
  • It is important to realize if you care for more than one family’s children and do not obtain a license, you could be fined, face legal trouble, and/or have to close your business.

Who Handles Licensing

The California Department of Social Services (CDSS), Community Care Licensing Division (CCLD), is in charge of family child care licenses. They have local offices, including one in Orange County, to help you with the process. However, taking advantage of resources currently offered through First 5 OC’s Future Provider Business Incubator Program while still available can make the entire licensing process easier with guided support from the project’s partners.

Requirements:

Must be at least 18 years of age

Must live in the home

Must obtain a criminal record clearance for everyone over 18 living or working in the home

Must have a TB test

Must complete 16 hours of Pediatric Health & Safety training

·      Preventive Health Practices

·      Pediatric CPR certification

·      Pediatric First Aid certification

Large Family Child Care Home applicants must show proof of 1-year experience

·      As a Small Family Child Care Home licensee, or

·      As a teacher or director of a licensed Child

Family Child Care services can be offered in either rented or owned homes or apartments

Types of Family Child Care Licenses

Small Family Child Care Home License: Lets you take care of up to 8 children, including your own kids under 10 years old must be included in the adult/child ratio.  

License Type

Capacity

Conditions

Small Family Child Care Home

4 infants ONLY (birth to 24 months)

 

Small Family Child Care Home

6 children

No more than 3 infants and 3 older children over two

Optional Small Family Child Care Home

8 children

No more than 2 infants and 6 older children; At least 2 school age children; One child at least age 6; One child enrolled in and attending kindergarten, including transitional kindergarten or elementary school

When caring for more than 6 children, landlord consent and written parent notifications are required

Large Family Child Care Home License: Lets you take care of up to 14 children including your own kids under 10 years old must be included in the adult/child ratio. For this, you’ll need extra provisions such as a helper and fire department approval and a helper.

License Type

Capacity

Infants

Older Children

Additional Requirements

Family Child Care Home

12 children

No more than 4 (birth to 24 months)

8 older children over the age of 2

Qualified Assistant (14 years of age or older)

Optional Large Family Child Care Home

14 children

No more than 3 (birth to 24 months)

11 older children

At least 2 school age children, one child at least age 6, one child enrolled in and attending kindergarten or elementary school

Landlord consent and written parent notification are required when caring for more than 12 children.
When there isn’t a qualified assistant, providers must follow Small Family Child Care Home regulations.

Steps to Becoming  Licensed

Attend a Licensing Orientation: After making your decision to pursue a Family Child Care Licensing, you will need to attend a licensing orientation either in-person or virtually.  This is an important first step to starting your journey through the licensing process.  

After attending the orientation, you will need to follow these additional steps and processes to open your Family Child Care Business: 

Preparing Your Home: There are many things to consider and put in place as you go through the licensing process.  First and foremost, making sure that your home is safe for children.  The indoor spaces that you choose to use will need to be child-friendly with areas for play, places for safe sleep, age-appropriate toys and materials, and the removal or locking away of dangerous items such as weapons, chemicals, etc.  There will also need to be a designated outdoor space for safe play with portable or permanent equipment that is meant for the ages of the children you will be serving.  More information about these items are covered in Sections Four and Five.

Submit Your Application: The following items need to be submitted along with the completed application form (LIC 279). 

  • Drawing of your home layout
  • Proof of all training requirements
  • Health clearances for all adults in your home
  • Background check clearances for all adults in your home

Here is a table with all of the forms to submit, the fees, and the timelines:

Requirement

Forms

Fees

Timelines

Application Submission

LIC 279, LIC 27B, LIC 610A, LIC 999A LIC 9108, LIC 9163, LIC 9217

$73 for small family child care, $140 for large family child care

Submit before pre-licensing visit

Background Check

LIC 9163

Variable

Submit with initial application

Training and Certification

Proof of completion of required training

Variable

Submit with initial application and as required to maintain license

TB Clearances for Future Providers, Family Members involved in the care setting including volunteers

 

 

Must be less than a year old and new clearance every 4 years

Pre-Licensing Home Inspection

N/A

N/A

Before license is issued

Reporting Changes

N/A

N/A

Within required time

Annual License Renewal

LIC 279A

$73 for small family child care, $140 for large family child care

Annually

All licensing forms listed are available to download in Section Six: Resources and Additional Information.

1. Background Checks: All adults (18 and older) living or working in your home need to pass/clear a background check and fingerprinting. NO EXCEPTIONS While not all crimes will stop you from becoming licensed, everyone living or working in your home must disclose all convictions. Non-compliance with background checks and fingerprinting is serious. Those affected by convictions may get exemptions that allow licensing. It is crucial to know disqualifying or non-exemptible crimes before starting the process. Here is a link that describes the exemption process and also details the non-exemptible crimes that stop the licensing process. Click for Exemptions.

    • Fingerprinting Process: Fingerprinting is done through Live Scan, which is a digital fingerprinting system. All adults in the home must schedule an appointment with a Live Scan provider, bring the required form (LIC 9163), and provide valid identification. The Live Scan operator submits the fingerprints to the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) for review. Any convictions or issues will be evaluated to determine if the individual can safely be in a child care environment. Licensing approval cannot proceed until all background checks are cleared.

          2. Pre-Licensing Home Inspection: Once your application and all required documents have been reviewed and accepted and all necessary background/fingerprints have cleared, a licensing specialist will schedule a pre-licensing visit. During this visit, the specialist will thoroughly inspect your home to ensure it meets all safety and regulatory standards. The pre-licensing home inspection is a vital step in the process of becoming a licensed family child care provider. Here are the key elements that the pre-licensing visit will cover:

          • Safety Equipment: The inspector will check for smoke detectors, carbon monoxide detectors, fire extinguishers, and accessible exits.
          • Hazardous Materials: All hazardous materials, including cleaning supplies and medications, must be clearly marked and stored securely out of reach of children.
          • Play Areas: Both indoor and outdoor play areas will be evaluated for safety, ensuring they are free from hazards and equipped with age-appropriate toys and equipment. Special note: outdoor play areas will only be evaluated when you have a space identified for play for the children. An example: if you live in an apartment and there is no available play area, this will not stop you from becoming licensed.
          • Sleeping Areas: If you plan to provide care for infants, the inspector will check for safe sleeping arrangements, such as cribs that meet current safety standards.
          • Sanitation: The cleanliness of your home will be assessed, including proper waste disposal, cleanable surfaces, and hygienic practices for changing diapers and preparing food. 
          • Records and Documentation: Ensure that all required forms and records, such as emergency contact information and immunization records, are complete and readily accessible.
          • First Aid Supplies: A well-stocked first aid kit must be available and easily accessible.

          The inspector will review your emergency plans, including evacuation routes and procedures in case of a fire or other emergency.

          Once the licensing specialist confirms that your home meets all the necessary requirements, you will be one step closer to receiving your license and starting your family child care business.

          By ensuring that the forms and items are visibly posted and easily accessible, Family Child Care business owners can create a safe and compliant environment that fosters trust and transparency with parents and regulatory authorities

          Essential Forms and Documents

          • License Certificate: The official license issued by the regulating authority should be displayed in a visible location.
          • Emergency Contact Information: A list of emergency contact numbers, including local fire department, police, poison control, and parents’ contact information.
          • Immunization Records: Up-to-date immunization records for all children in care, as required by local regulations.
          • Daily Schedule: A posted daily schedule outlining activities, meal times, rest periods, and outdoor playtimes.
          • Menu Plan: The weekly or monthly menu for meals and snacks provided to children, highlighting any potential allergens. In the event the family provides all food and/or formula for their child(ren) with no exceptions, this can be listed on the menu as well.
          • Visitor Log: A log for visitors to sign in and out, ensuring that all visitors are accounted for.
          • Sanitation Guidelines: Posted guidelines for maintaining proper hygiene, including handwashing procedures and diaper-changing protocols (in appropriate places)

            Informational and Educational Materials

            • Program Philosophy and Goals: Information about the childcare program’s philosophy, mission, and educational goals.
            • Parent Handbook: A handbook for parents outlining policies, procedures, and expectations for their child’s care.
            • Health and Safety Policies: Posted policies regarding health, safety, and illness, including exclusion criteria for sick children.
            • Child Abuse Reporting Procedures: Information on the procedures for reporting suspected child abuse or neglect. Posting the “If You SEE Something, SAY Something” is also advised.

            Receive Your License: Once everything is approved, you will receive your license to operate.  This is a great time to ensure certain forms and items are prominently posted and displayed in your business to meet regulatory requirements and ensure the safety and well-being of the children in their care. Below is a comprehensive list of essential items:

            Keeping Your License Active

            • Pay Fees: Pay your licensing fee every year on time. List annual fees
            • Be Ready for Inspections: Licensing specialists can visit your home without warning to check on things. So, it’s important to operate your business in a safe and professional manner at all times which includes good record-keeping. It is also always important to keep up with your all of your posted items (above) and ensure that the following items are maintained.
              • First Aid Kit: A well-stocked first aid kit, easily accessible and clearly marked.
              • Smoke and Carbon Monoxide Detectors: Working detectors must be in place and regularly tested, with certificates of inspection posted.
              • Fire Extinguishers: Fire extinguishers should be accessible, and their locations clearly marked with instructions for use.
              • Hazardous Materials Storage: Clearly marked storage areas for hazardous materials, ensuring they are out of reach of children.
            • Stay Trained: Keep up with the required trainings and renew your certifications when needed.  More information is available in Section Four
            • Report Changes: Tell CCLD about important changes, like moving to a new home or serious incidents, within the time they require
            • Contact Your Locate Child Care Advocate Program (CCAP): The local Child Care Advocate is part of the Child Care Licensing Division; however, they are not part of the regulatory process.  Here is the most update flyer about CCAP.

            These individuals promote the delivery of quality child care by:

              • Being a link between Community Care Licensing and the community
              • Providing resources and information
              • Answering questions that may arise once before and after you are licensed

            WHAT’S NEXT?

            The ins and outs of a business in the home, when and how to engage your family, understanding the fine print, a day in the life of a FCC provider, grants, subsidies, and more.