Daycare guide · checked October 2026
How to start a daycare in California
In California, opening a daycare means meeting the rules of the California Department of Social Services (CDSS), Community Care Licensing Division, Child Care Licensing Program. This guide covers who needs a license, the rules your rooms and staff must meet and the steps to open, with links to the official rules. The California rules were checked in October 2026.
Who needs a daycare license in California
Child care centers (including infant centers, preschool programs and school-age child care centers) and family child care homes must be licensed by CDSS under Title 22, Division 12 of the California Code of Regulations. A school-age child care center is any center, of any size, that provides less-than-24-hour care to school-age children in a group.
Programs that may not need a license: Before- and after-school programs run by a public or private school with its own qualified teachers are exempt, but an outside group running a program on a school site needs a license (22 CCR §101158). CDSS also lists exemptions from Health and Safety Code §1596.792, including public recreation programs run by the state, a city, county, special district or school district outside school hours for under 16 hours a week or 12 weeks or less a year, recreation programs run by groups like Scouts, Boys and Girls Clubs or Camp Fire, programs open one day a week for four hours or less, and classroom-style instructional programs during school breaks totaling 30 days or less for school-age children.
Licensing agency: California Department of Social Services (CDSS), Community Care Licensing Division, Child Care Licensing Program
Sources: CDSS Child Care Licensing; 22 CCR §101216.3 Teacher-child ratio; 22 CCR §101516.5 School-age center ratio; 22 CCR §101158 Exemption from licensure; CDSS Title 22 child care center manual, Articles 1-2 (definitions; exemptions quoting HSC §1596.792)
Staff-to-child ratios in California centers
| Ages | Children per staff member | Largest group |
|---|---|---|
| 3 years (preschool-age) | 1:12 | Not set |
| 4 years (preschool-age) | 1:12 | Not set |
| 5 years (preschool-age, not in a school-age program) | 1:12 | Not set |
| School-age (school-age child care center) | 1:14 | Not set |
Rule: 22 CCR §101216.3 (preschool-age); 22 CCR §101516.5 (school-age child care centers). Preschool ratios are per teacher: 1 teacher can have 12 children, 1 teacher plus 1 aide can have 15, and a fully qualified teacher plus a qualified aide can have 18. In school-age centers, 1 teacher can have 14 children or 28 with an aide, and mixed-age groups follow the youngest child. California sets no maximum group size for these age groups. A school-age child is one in first grade or above, or any child in a program serving only kindergarten and older. Programs funded by the California Department of Education under Title 5 use different staffing ratios.
Background checks
Licensed child care staff, and most volunteers, need a criminal record clearance from both the California DOJ and the FBI (Live Scan fingerprints) plus a Child Abuse Central Index check before they work or are present in the facility; DOJ then sends CDSS any later arrests or child abuse reports. A clearance stays active while the person is linked to a licensed facility and lapses after 3 years without one. At organized camps, the director and all counselors need a satisfactory California DOJ criminal history check or a National Sex Offender Public Registry check, plus a voluntary disclosure statement, before any unsupervised contact with campers (17 CCR §30751).
Sources: CDSS background check process; 22 CCR §101170 Criminal record clearance; 22 CCR §101170.2 Child Abuse Central Index; 17 CCR §30751 (camp director and counselor checks)
Reporting child abuse
Mandated reporters include child care administrators and employees, administrators and employees of day camps, youth centers and youth recreation programs, school staff and school athletic coaches, and HR staff at businesses that employ minors. They must report immediately by phone to the county child welfare agency or police/sheriff and send a written report within 36 hours (Penal Code §§11165.7, 11166); licensed child care staff must take mandated reporter training within 90 days of hire and every 2 years.
Sources: CDSS: Report child abuse (county numbers); Child Welfare Information Gateway: California mandatory reporting (May 2023); Child Welfare Information Gateway: California making and screening reports (Nov. 2021)
Steps to open a daycare in California
1. Choose a daycare center or a home daycare
States license daycare centers and home daycares (often called family child care homes) under different rules, with different limits on how many children you can care for. Decide which one you're starting before anything else.
California's license types are described in Who needs a daycare license above. Learn what families near you need, too: your local Child Care Resource and Referral agency (CCR&R) can tell you which ages and hours are hard to find, and our California program finder lists licensed centers near you.
2. Contact CDSS
Daycare licensing in California is handled by the California Department of Social Services (CDSS), Community Care Licensing Division, Child Care Licensing Program. Contact it before you sign a lease or buy equipment, and ask, in writing if you can:
- Which license type fits our plans, and how many children can it cover?
- Is there an orientation or pre-licensing training, and when is the next one?
- Which inspections and clearances do we need (licensing, fire, health and zoning)?
- What does it cost to apply, and how long does approval usually take?
- What do we need to do to accept families who use childcare assistance?
3. Choose a business structure
A daycare can run as a business (such as an LLC) or as a nonprofit, or under an existing nonprofit such as a church. Talk with an accountant or lawyer before you file anything, and get an employer identification number (EIN) from the IRS. It's free.
4. Find a space that can pass inspection
Check zoning before you sign a lease. Then ask the building department, the fire marshal and CDSS what the space needs, including how much indoor and outdoor space per child California requires. Since December 28, 2012, cribs in daycares must meet federal Consumer Product Safety Commission standards.
5. Plan your rooms around the ratios
California's ratios for the ages it confirmed are in the table above. They decide how many staff each room needs, so they shape your whole budget. For infants and toddlers, ask CDSS.
- Work out your staffing with the staff ratio calculator.
6. Hire staff and run background checks
Run the checks in Background checks for daycare staff above before anyone starts.
Federal rules also require comprehensive background checks for staff of every licensed, regulated or registered childcare provider and every provider that can take childcare assistance. Teach every staff member how to report suspected abuse or neglect (see Reporting child abuse above).
7. Get insured
Talk early to an insurance broker who works with childcare programs. Ask about general liability, abuse and molestation coverage, property coverage and workers' compensation, plus auto coverage if you'll transport children. A home daycare should tell its homeowner's or renter's insurer, since those policies may limit business use.
8. Build a budget and set tuition
Start with payroll (see step 5), then add rent, food, supplies and insurance. Compare your numbers with what other daycares near you charge, and set prices for the enrollment you expect, not a full room. Write down your deposit, late payment, late pickup and absence policies before you enroll anyone.
- Plan payments with the payment plan calculator and the sibling discount calculator.
- Give a receipt for every payment. Parents may need it for a dependent care FSA or tax credit (childcare receipt generator).
9. Add childcare assistance and the food program
Ask California's childcare assistance office how to become an approved provider for families who get help paying for care, and ask about the USDA Child and Adult Care Food Program (CACFP), which reimburses eligible daycares for meals and snacks. Programs that take childcare assistance must meet federal health and safety requirements, including background checks, training and inspections.
10. Prepare your enrollment forms and policies
Ask CDSS which records you must keep for each child. Have your forms ready before you enroll anyone, and collect everything before a child's first day.
Medication in California. If a center chooses to give medication, it needs written approval and instructions from the parent for each prescription and over-the-counter medicine, and must follow the pharmacy or product label. Medicines are stored out of children's reach with unaltered labels, marked with the child's name and date; the center must keep a written plan to record each dose and tell parents daily, and return unused medicine. At organized camps, a medical logbook records every dose, and camper medicine stays in its original labeled container (or comes with written instructions) and is locked up when unattended.
- Registration form, medical and allergy form and authorized pickup form
- Medication administration log and allergy alert roster
- Incident and accident report, parent handbook and emergency action plan
- A safe sleep policy: babies under 12 months sleep on their backs, on a firm, flat surface, with no blankets, pillows, toys or other soft items in the crib
11. Fill your spots
Start enrolling before you open, so you aren't paying staff for empty rooms. Tell your CCR&R you're open, check your listing in the state's childcare search once you're licensed, offer tours and keep a waitlist for each age group.
12. Pass your inspections and open
For licensed programs that can take childcare assistance, federal rules require at least one inspection for health, safety and fire standards before licensing, then an unannounced inspection at least once a year. Schedule yours early, train staff on your policies, emergency plan, safe sleep, allergies, medication and pickup rules, and check every child's file before their first day.
Each step is covered in more depth, with examples and sources, in our national guide to starting a daycare.
What we couldn't confirm
Check these points with the state before you rely on them.
- California law (AB 506, 2021; Business and Professions Code §18975) is reported to require youth service organizations, such as youth sports leagues, to Live Scan staff and regular volunteers and train them as mandated reporters; not confirmed from an official source in this check.
- Penal Code reporting deadlines come from Child Welfare Information Gateway summaries (2021 and 2023), not the statute text.
Other open points, including camps, are on the California rules page.
How BackPR helps
BackPR handles registration, enrollment and health forms, recurring tuition with autopay and check-in against each family's authorized pickup list. Families can register and fill in forms in English or Spanish, and parents get receipts and year-end dependent care statements. It's free for nonprofits, with no subscription and no BackPR fees. Payments run on Stripe, and Stripe's processing fees apply. Other programs get pricing by quote. More on BackPR for childcare.
We researched the California rules on this page in October 2026 using AI research tools (Claude, from Anthropic) that read official state rules and federal sources, and a member of our team checked our summaries against those sources. Rules change and have exceptions, so confirm with CDSS before you rely on this page. This is general information, not legal advice. To report an error, email support@backpr.com.
FAQ
Starting a daycare in California: questions
Do I need a license to start a daycare in California?
Child care centers (including infant centers, preschool programs and school-age child care centers) and family child care homes must be licensed by CDSS under Title 22, Division 12 of the California Code of Regulations. A school-age child care center is any center, of any size, that provides less-than-24-hour care to school-age children in a group. Ask CDSS which license type fits your plans.
Who licenses daycares in California?
The California Department of Social Services (CDSS), Community Care Licensing Division, Child Care Licensing Program. Its website: https://www.cdss.ca.gov/inforesources/child-care-licensing
What are the daycare ratios in California?
In licensed centers (22 CCR §101216.3 (preschool-age); 22 CCR §101516.5 (school-age child care centers)): 3 years (preschool-age): 1 adult for every 12 children; 4 years (preschool-age): 1 adult for every 12 children; 5 years (preschool-age, not in a school-age program): 1 adult for every 12 children; School-age (school-age child care center): 1 adult for every 14 children.
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