California child care licensing requirements and inspections
If you own or manage a child care center or family child care home in California, your facility must be licensed by the Child Care Licensing Division (CCLD) of the Department of Social Services. Your facility must also comply with the regulations contained in Title 22 of the California Code of Regulations. A Licensing Program Analyst (LPA) from CCLD will conduct regular unannounced inspections of your facility (typically once a year). An LPA will also conduct inspections if CCLD receives any complaint regarding your facility.
Child care licensing violations (“deficiencies”)
If, during an inspection, the LPA determines that a regulation in Title 22 is being or has been violated, the LPA may issue a citation for the “deficiency.” In most instances (except those resulting in death or serious injury), these deficiencies will be categorized as a “Type A” or “Type B” deficiency. A Type A deficiency is one that poses an “immediate threat” to child health or safety. (An extreme example would be if the LPA observes that sharp knives were within reach of children.) A Type B deficiency is one that poses some “potential” threat to child health or safety, but also encompasses non-threatening record keeping violations (e.g., a teacher’s file is missing transcripts).
If the LPA cites your facility for a deficiency, he or she will provide you with a written report. That report will include the following information:
- Whether the citation is a Type A or Type B;
- The section of Title 22 that was supposedly violated;
- The facts giving rise to the citation;
- The “plan of correction” that the LPA has discussed with you (or the administrator the LPA met with).
You will be required to sign the report, but signing does not admit anything. Signing the report simply acknowledges that you have received the report.
Provider appeal rights
Along with the citation report, the LPA will provide you with a copy of LIC9058 (Applicant/Licensee Rights). This document sets forth your “appeal rights” to challenge the citation. Type A and Type B citations are referred to as “Any other Civil Penalty or Deficiency.”
Deadline to submit your appeal
According to the appeal rights, you must submit your appeal within 15 business days of the date you received the citation. Note the use of “business days.” This does not include weekends or holidays, so practically, your appeal must be submitted within about three weeks.
(Most providers don’t realize that CCLD also has a deadline to respond to appeals.)
Resources to research and write your appeal
The Applicant/Licensee Rights document from CCLD states where your appeal should be sent and lays out the general timeline for your appeal. However, it does not provide any real guidance on how to write your appeal or what the appeal should look like. There are attorneys who can handle your appeal for a fee. If you need to search for an attorney, look for an attorney who specializes in California childcare licensing law and/or administrative law. Nearly all attorneys will provide an initial consultation at no cost.
If you plan to handle the appeal yourself and simply need specific guidance or would like to see examples of appeals that have been successful, I have created a Licensing Appeal Kit that includes a 22-page step-by-step guide, examples of appeals, and ready-to-use templates to appeal Type A and Type B citations, and more.
I am a licensed attorney who has practice civil litigation in California for 11 years, and I have also owned preschools in California for over 12 years. My kit represents hundreds of hours of my work and experience. I am making it available for less than $100 because I want all childcare providers in California to feel confident and prepared to appeal licensing citations and protect their rights.
Get the Licensing Appeal Kit.
Researched & written by a lawyer and preschool owner, for childcare providers.
As a lawyer in private practice, clients used to pay $575 per hour for my time and effort. The guides, templates, research, and real-world appeals in my Licensing Appeal Kit represents over 300 hours of research and work on my part, which I’m making available to every childcare provider in California for the cost of a few children’s books. And for a limited number of providers, I’m offering the Licensing Appeal Kit and a 1-hour consultation with me to talk over any licensing issues whenever they need.
The Licensing Appeal Kit
What you get:
