California rulebook · checked October 2026
Watching Kids at Home in California: How Many Before You Need a License?
In California, the line is families, not children: your own children plus the children of one other family — any number of them — sit below the line. The moment a second unrelated family joins, you are in family day care home territory and the state's rules apply.
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The California line, in facts
Licensing agency: California Department of Social Services — Community Care Licensing Division
The line: In California, the line is families, not children: your own children plus the children of one other family — any number of them — sit below the line. The moment a second unrelated family joins, you are in family day care home territory and the state's rules apply.
The categories above the line
| Category | Capacity | What it means |
|---|
| Small Family Child Care Home | up to 8 | License for up to 8 children total, counting your own children under 10. Day to day most small homes run at 6 — see the ratio conditions below. |
| Large Family Child Care Home | up to 14 | Up to 14 children total. Requires at least a year running a small family child care home first, plus an assistant whenever more than 8 children are present. |
What comes with the license
- Ratios: Small home: up to 6 children with no more than 3 infants. Up to 8 only when the extra children meet the conditions — at least one child is 6 or older and one is school-age, parents are notified, and no additional infants. Your own children under 10 count in every total.
- Training before you open: Licensing orientation, plus 16 hours of preventive health and safety training including pediatric CPR and first aid.
- Training to stay open: No annual training-hour mandate for family child care homes — but CPR and first aid certification must stay current.
- State fees: Application fee: $73 for a small home, $140 for a large home — the same amount again as the annual fee (HSC §1596.803). Orientation fee $25. Fingerprint/background-check fees are separate, per adult.
- Realistic timeline: No fixed statutory deadline; orientation, background clearances and the pre-licensing home visit drive the calendar — most applicants plan on a few months.
Your path in California, step by step
- Decide your size first: small home (up to 8) or large home (up to 14, needs a year of small-home experience first).
- Attend a Community Care Licensing orientation — in person or online — and keep the certificate.
- Complete 16 hours of preventive health and safety training, including pediatric CPR and first aid.
- Submit the application (LIC forms) with the application fee; every adult in the home gets fingerprinted for the background check.
- Prepare the home for the pre-licensing visit: fire clearance basics, safe sleep setup, locked storage for medicines and cleaning products, emergency supplies.
- Pass the licensing analyst's home visit, correct any citations, and receive the license — posted in the home where parents can see it.
What catches people in California
- California counts FAMILIES, not children: your own children plus one other family's children — any number of them — sit below the line. The second unrelated family is the trigger.
- Unpaid parent cooperatives of up to 12 children are also exempt, as is occasional care of no more than 4 hours on one day a week.
If you skip the line
Operating an unlicensed home that needs a license carries a $200-per-day civil penalty (22 CCR §101198), on top of a cease-and-desist.
Rules checked October 2026 · Sources: Cal. Health & Saf. Code §1596.792 (who is exempt); Cal. Health & Saf. Code §§1596.78–1596.79 (family child care home definitions); Cal. Health & Saf. Code §1596.803 (fee schedule); 22 CCR §101198 (unlicensed-operation penalty); CDSS Community Care Licensing — Family Child Care Homes. This page reads the published rules; it is not legal advice, and the California Department of Social Services — Community Care Licensing Division is the final word.
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