Section 102416.5 - Staffing Ratio and Capacity(a) The capacity specified on the license shall be the maximum number of children for whom care may be provided at any one time.(b) For a Small Family Child Care Home, the maximum number of children for whom care may be provided at any one time, including children under age 10 who reside at the licensee's home, shall be one of the following:(2) Six children, no more than three of whom may be infants; or(3) More than six and up to eight children, without an additional adult attendant, only if the criteria in Section 1597.44 of the Health and Safety Code are met.(c) The total licensed capacity for a Small Family Child Care Home shall not exceed eight children.(d) For a Large Family Child Care Home, the maximum number of children for whom care may be provided at any one time when there is an assistant provider in the home, including children under age 10 who reside at the licensee's home and the assistant provider's children under age 10, shall be either:(1) Twelve children, no more than four of whom may be infants; or(2) More than twelve and up to fourteen children only if the criteria in Section 1597.465 of the Health and Safety Code are met.(e) If no assistant provider is present at a Large Family Child Care Home, then the licensee shall comply with the capacity requirements for a Small Family Child Care Home as specified in subsections (b) and (c).(f) The total licensed capacity for a Large Family Child Care Home shall not exceed fourteen children.(g) For the purpose of meeting the criteria in Sections 1597.44 and 1597.465 of the Health and Safety Code, for a school age child who is under age six, the licensee shall maintain documentation verifying the child's enrollment and attendance at kindergarten, including transitional kindergarten, or elementary school. (1) The documentation requirement shall be met by either of the following: (A) Documentation from the school in which the child is enrolled and attending verifying the child's enrollment and attendance, or(B) A signed and dated statement from the child's authorized representative verifying the child's enrollment and attendance.(2) The documentation and statement described in paragraph (1) shall include the name of the child, the name of the school the child is enrolled in and attending, the date of the child's enrollment and the date the child started attending the school.(3) The licensee shall obtain the documentation or statement described in paragraph (1) at the beginning of each school year, no later than 30 calendar days from the date the child begins attending school, until the child is six years of age. If a child enrolls in and begins attending school after the school year has commenced, then the licensee shall obtain the documentation or statement described in paragraph (1) upon enrollment or within 30 calendar days following the child's enrollment.(4) The documentation or statement described in paragraph (1) shall be maintained in the child's record pursuant to Section 102421.(h) For a Family Child Care Home that meets the criteria in Sections 1597.44 or 1597.465 of the Health and Safety Code to care for up to two additional children, the licensee shall maintain proof of parent notification in the child's record pursuant to Section 102421. (1) For a Small Family Child Care Home that meets the criteria to care for up to two additional children, the licensee shall maintain proof of parent notification as specified in Section 1597.44(c) of the Health and Safety Code.(2) For a Large Family Child Care Home that meets the criteria to care for up to two additional children, the licensee shall maintain proof of parent notification as specified in Section 1597.465(c) of the Health and Safety Code.(i) For the purpose of meeting the criteria in Sections 1597.44 and 1597.465 of the Health and Safety Code "school age child" means a child who meets one of the following criteria: (1) Is enrolled in and attending kindergarten, including transitional kindergarten, or elementary school; or(2) Is at least six years of age.Cal. Code Regs. Tit. 22, § 102416.5
1. Change without regulatory effect amending subsection (c) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
2. Amendment of subsections (a), (b) and NOTE filed 9-26-95; operative 10-26-95 (Register 95, No. 39).
3. Amendment of section and NOTE filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
4. Amendment of subsections (a) and (b), new subsections (b)(3) and (c), subsection relettering, amendment of newly designated subsection (d), new subsections (d)(2)-(i)(2) and amendment of NOTE filed 2-10-2016; operative 4-1-2016 (Register 2016, No. 7). Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.78, 1597.44 and 1597.465, Health and Safety Code.
1. Change without regulatory effect amending subsection (c) filed 5-7-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 20).
2. Amendment of subsections (a), (b) and Note filed 9-26-95; operative 10-26-95 (Register 95, No. 39).
3. Amendment of section and Note filed 10-6-97; operative 11-5-97 (Register 97, No. 41).
4. Amendment of subsections (a) and (b), new subsections (b)(3) and (c), subsection relettering, amendment of newly designated subsection (d), new subsections (d)(2)-(i)(2) and amendment of Note filed 2-10-2016; operative 4/1/2016 (Register 2016, No. 7).