Housing Rights for Child Care Providers

SB 234 makes clear that:

• A city or county government cannot require you to get a zoning permit or business license for your large or small family child care home. This applies whether or not you live in an incorporated or unincorporated area.
• All family child care homes are allowed in:
  • Single-family homes
  • Apartments
  • Condominiums
  • Townhomes
  • Duplexes
  • All other multi-family buildings.

You cannot be stopped from opening or running a family child care home just because you live in one of these types of buildings.

Landlords cannot refuse to rent to you or cannot evict you only because you have a family child care home (small or large).

You can file a complaint with the California Department of Fair Employment & Housing by going to www.dfeh.ca.gov. You can also sue whoever is violating your rights as a family child care home provider under the new law.

This new law applies to all licensed small and large family child care homes in California. You can look up the language of SB 234 by going to www.leginfo.legislature.ca.gov.

SB 234 becomes the law on January 1, 2020. It is a state law, which means it applies to everyone in California.

You can tell your city or county about this new law and ask them to stop requiring zoning permits and business licenses now. They do not need to wait until January 1, 2020 to start following the new law.

Under this new law, cities and counties cannot require licensed small and large family child care homes to:

• Get a zoning permit, or
• Get a business license.

They also cannot create special rules that only apply to family child care homes.

The new law also clarifies that landlords cannot refuse to rent to you or cannot evict you only because you have a family child care home.

Before SB 234, unnecessary local requirements and unfair treatment by landlords made it very difficult and expensive for small family child care homes to become large family child care homes. With SB 234 taking away some of these barriers, more family child care providers can now open and become large family child care homes.

You still must meet the state child care licensing and state fire requirements for family child care homes. See FAQ 7.

A zoning permit is a paper given to you by your city or county that allows you to use your home or property for a specific reason. For example, your city or county may call it a:

• Conditional use permit
• Administrative use permit
• Minor use permit
• Use permit

Your city or county may also call a zoning permit by a different name. Under SB 234, you are no longer required to get a zoning permit.

A business license is permission from your city or county to have a business. Your city or county may also call it a:

• Business fee
• Local business tax
• Home occupation permit

Your city or county may also call a business license by a different name. Under SB 234, you are no longer required to get a business license.

No. SB 234 deleted the language in the law that allowed cities and counties to have “reasonable requirements” just for large family child care homes in the areas of spacing & concentration, traffic control, parking, and noise control.

Starting January 1, 2020, large family child care homes must be treated the same as small family child care homes under all local laws. Cities and counties must treat all small and large family child care homes as a by right, residential use of property.

Small and large family child care homes must follow the same laws as any other residential home, but cities and counties cannot make special rules that only apply to family child care homes.

There is no longer a reason to contact your city or county planning or finance department just because you are getting your license to become a large family child care provider. However:

• Your licensed large or small family child care home must meet the same requirements as any other person living in your neighborhood.
• If you are making physical changes to your home, then you need to comply with your city’s or county’s zoning or building requirements, just like any other person living in your neighborhood.
• To be licensed, you must meet all state health and safety requirements, and fire safety requirements. Small and large family child care homes are licensed by the Community Care Licensing Division under the California Department of Social Services.

You can find out how to get licensed at your local Child Care Resource and Referral Agency by going to www.rrnetwork.org.

Yes. Landlords, HOAs (Homeowners’ Associations), and property managers cannot stop you from renting a home only because you have a licensed family child care home. They also cannot evict you only because you have a licensed family child care home.

You still must get your landlord’s permission in these situations:

• If you have a small family child care home (up to 6 kids) and you want to care for 7-8 kids, or
• If you have a large family child care home (up to 12 kids) and you want to care for 13-14 kids

SB 234 does not change your duty to tell your landlord in writing that you have or plan to open a family child care home. Your landlord cannot prohibit you from having a family child care home.

If you are a small family child care provider caring for up to 6 children, or a large family child care provider caring for up to 12 children, you must still get permission from your landlord to care for 2 more children. If your landlord does not allow you to care for 2 more children, you still have the right to care for six children with a small family child care license or twelve children with a large family child care license.

No. Your landlord or HOA must treat your small or large family child care home the same as any other home.

A landlord or HOA cannot stop you from having a licensed family child care home. It is illegal for a landlord or HOA to restrict or limit the use of your family child care home.

You can:

• Show them this FAQ and the text of the new law
• Contact the Child Care Law Center or Public Counsel (if you live in Los Angeles County) for help
• File a complaint with the California Department of Fair Employment and Housing (DFEH) by going to www.dfeh.ca.gov. If you file a complaint with the DFEH, please contact the Child Care Law Center so we can help make sure your complaint is correctly handled by the DFEH.

If you are currently going through the zoning permit process, you can:

• Tell your city or county about SB 234 and ask them to apply the new law now. Remind them about the importance of child care and that they do not need to wait until January 1, 2020.
• Cancel your zoning application now and wait until January 1, 2020 to open your large family day care home without a zoning permit.

If you have already paid a deposit for your zoning permit application and you cancel it, ask your city or county how they will refund you for the part of the deposit they have not used.

No. SB 234 does not change any of the fire requirements for family child care homes. You still must meet the fire requirements to get and keep your family child care license.

You are still required to pass your fire clearance to get a large family child care license. The fire clearance certificate required by the Community Care Licensing Division to get a large family child care license is not the same as a business license or zoning permit.

A licensed family child care home is located in the provider’s home.

• A small family child care home can care for up to 6-8 children
• A large family child care home can care for up to 12-14 children

• Call the Child Care Law Center, 415-558-8005 or Public Counsel, 213-385-2977, extension 300.
• Fill out the Child Care Law Center’s online form with your legal question. Go to: www.childcarelaw.org/help
• For more information and resources, check out the Child Care Law Center’s SB 234 Resource Page, at: www.childcarelaw.org/sb234-resources/
• Please also see the Child Care Law Center’s publication, Know the Law About Business Licenses and Zoning Permits for Family Child Care Homes in California.

No. Your landlord cannot stop you from caring for up to 6 children if you have a small family child care home license or up to 12 children if you have a large child care home license.[i]

If your lease says you cannot have a family child care home, that part of the lease is void. That means your landlord cannot enforce it.[ii] If your lease says you cannot run a business from your rental home, that part of the lease does not apply to your family child care home. In California, a family child care home is a residential use of property. It is not considered a business or commercial use for renting/leasing purposes.[iii]

[i] Family child care homes are regulated by the Community Care Licensing Division of the California Department of Social Services. https://www.cde.ca.gov/sp/cd/re/caqfamcchomes.asp

[ii] Cal. Health & Safety Code § 1597.41(a)-(c).

[iii] Cal. Health & Safety Code § 1597.43(a) (“Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses.”)

Yes. You may operate a family child care home while living in all types of residential homes:

• Single-family home
• Apartment
• Condominium
• Townhome
• Duplex
• A unit in all other types of multi-family buildings^[i]

If you are renting/leasing a unit in an apartment building or other type of multifamily dwelling, your landlord cannot stop you from opening or running a family child care home just because you live in one of these types of homes.^[ii] This is true even if your rental agreement/lease says “no businesses” or “no commercial uses.” In California, a family child care home is a residential use of property. It is not considered a business or commercial use for renting/leasing purposes.^[i]

^[i] Cal. Health & Safety Code § 1597.43(a) (“Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses.”)

^[i] Cal. Health & Safety Code § 1596.78(d).

^[ii] Cal. Health & Safety Code § 1597.41(a)-(c).

No. It is illegal for your landlord to evict you only because you have a family child care home. Your landlord cannot stop you from providing licensed family child care for up to 6 children if you are licensed for a small family child care home or 12 children if you are licensed for a large family child care home.^[i] However, you still need to follow all the rules in your lease. Your landlord can still evict you for another reason, such as not paying your rent on time or damaging the property.

Even if your landlord gives you a “no cause” eviction notice, it is illegal for your landlord to evict you if the real reason is because you have a family child care home. Save copies of any written communication—letters, notes, and notices—with the landlord or anyone else (such as a property manager, leasing agent, or real estate agent) about your rental property. Keep a written log, including date and description, of all conversations you have with your landlord. 

^[i] Cal. Health & Safety Code § 1597.41(a)-(c); Cal. Civil Code § 1942.5(a) (eviction or threat of eviction in retaliation for a tenant’s lawful and peaceable exercise of any legal right is a violation of law).

No. It is illegal for a landlord to refuse to rent to you just because you have or plan to open a family child care home.^[i]

^[i] Cal. Health & Safety Code § 1597.41.

Yes. Whether you have a small or large family child care, you must tell your landlord in writing that you plan to open or that you currently have a family child care home.^[i] But that does not mean that your landlord can prevent you from having a family child care home. 

Use the Property Owner/Landlord Notification Family Child Care Home form (LIC 9151) from the Community Care Licensing Division to tell your landlord.      

Here is the link to the form: https://www.cdss.ca.gov/cdssweb/entres/forms/English/LIC9151.pdf.

^[i] Cal. Health & Safety Code § 1597.41(d)(1). An applicant for a family child care home license must certify under penalty of perjury that the applicant has given notice to their landlord. See FCCH license application at (10)(G): http://www.cdss.ca.gov/cdssweb/entres/forms/English/LIC279.pdf.

If you are going to open a family child care home, you must tell your landlord in writing at least 30 days before you start providing child care.^[i]

If you already have a family child care home but you are moving to a new home, you can ask your Community Care Licensing Program Analyst, also called an LPA, when you have to tell your landlord. Sometimes the amount of time required for you to tell your landlord can be fewer than 30 days because it might take less time to transfer your license to your new home.[ii]

^[i] Cal. Health & Safety Code § 1597.41(d)(1).

^[ii] Cal. Health & Safety Code § 1597.41(d)(2).

Yes. If you have a small family child care home, you can care for up to 8 children if you meet all of these requirements: 

• Your landlord has signed the Property Owner/Landlord Consent Form (LIC 9149), giving you permission to care for more than 6 children and up to 8 children;
• The additional 2 children must be enrolled and attending T-Kindergarten, kindergarten, or elementary school, and at least 1 of them must be at least 6 years old;
• No more than 2 infants are in your care when more than 6 children are present; and, 
• You told the families of all the children enrolled in your program that you are going to care for the additional 2 school-age children. The Parent Notification – Additional Children in Care Form (LIC 9150) must be signed by the parent or guardian of each child and filed in each enrolled child’s licensing file.^[i]

The form for your landlord giving you permission to care for more than 6 and up to 8 children, is available at: https://www.cdss.ca.gov/cdssweb/entres/forms/English/LIC9149.pdf.

If your landlord does not give you permission, you can still care for up to 6 children in your small family child care home without this permission. You can also get a license to run a large family child care home and care for up to 12 children without your landlord’s permission.

^[i] Cal. Health & Safety Code § 1597.44.

Yes. If you have a large family child care home, you can care for up to 14 children if you meet all of these requirements: 

• Your landlord has signed the Property Owner/Landlord Consent Form (LIC9149), giving you permission to care for more than 12 children and up to 14 children;
• The additional 2 children must be enrolled and attending T-Kindergarten, kindergarten, or elementary school, and at least one of them must be at least 6 years old;
• No more than 3 infants are in care when more than 12 children are present; and, 
• You told the families of all the children enrolled in your program that you are going to care for the additional two school-age children. The Parent Notification—Additional Children in Care Form (LIC 9150) must be signed by the parent or guardian of each child and filed in each enrolled child’s licensing file.^[i]

The form for your landlord to give you permission to care for more than 12 and up to 14 children, is available at: https://www.cdss.ca.gov/cdssweb/entres/forms/English/LIC9149.pdf.

If your landlord does not give you permission, you can still care for up to 12 children in your large family child care home without their permission.

^[i] Cal. Health & Safety Code § 1597.465.

No. You can offer day, evening, and weekend child care if you choose. The law says landlords cannot “restrict” how you run your family child care home.^[i]

You must still follow the rules that apply to everyone else in their rental/lease agreement. For example, you must follow your rental/lease agreement and pay your rent on time.

^[i] Cal. Health & Safety Code § 1597.41.

No. It is illegal for your landlord to raise your rent only because you have a family child care home.^[i] However, your landlord can raise your rent for other reasons. Any rent increase must comply with local rent control laws. 

^[i] Cal. Civil Code § 1942.5(c) (it is illegal to increase the rent in retaliation for a tenant’s lawful and peaceable exercise of any legal right).

Yes. If your landlord wants, they can increase your security deposit at the beginning of your lease agreement or when they find out you have family child care home.^[i] The maximum security deposit a landlord may charge a family child care provider is 2 months’ rent for an unfurnished unit or 3 months’ rent for a furnished unit.^[ii]

The landlord can make a family child care provider pay the maximum security deposit, but not more than that. The landlord can do this even if they let other tenants pay less than the maximum security deposit.

^[i] Cal. Health & Safety Code § 1597.41(d)(4).

^[ii] Cal. Civil Code § 1950.5(c).

No. Your landlord cannot make you buy liability insurance. The law says that family child care providers don’t have to get liability insurance. 

The law also says landlords cannot place restrictions on family child care homes.^[i] If your landlord told you that you had to get liability insurance, your landlord would be putting a restriction on how you run your family child care home. 

Your landlord might worry that their own insurance will be canceled or not renewed because you have a family child care home. But the law says that insurance companies cannot do that. An insurer can cancel standard residential property liability insurance only for certain reasons. The addition of a family child care home on the property is not a reason for cancellation or nonrenewal.^[ii] Tell your landlord about this law. If you decide to get liability insurance, you must inform all the parents and guardians of the children you care for. If you choose not to get liability insurance, you must inform all parents 

and guardians, and they all must sign the Affidavit Regarding Liability Insurance for Family Child Care Homes form (LIC 282) from Community Care Licensing. The law gives you the option of having liability insurance or having the forms signed instead.

If you don’t want to purchase insurance, make sure you follow all the rules for getting signed affidavits. You have to get signed statements from the parent(s) or guardian(s) for each child in care.^[i] The affidavits must say your landlord’s insurance and/or your rental insurance won’t cover child care–related incidents.^[ii] You must keep a file of the signed affidavits in each child’s file. The affidavits are private documents, only to be shared with Community Care Licensing. You should not show them or give them to your landlord. 

The Child Care Law Center highly recommends that you get liability insurance for several reasons. The parent affidavits do not protect you from being sued. A parent is signing the affidavit to say that they are aware you do not have liability insurance. Your landlord’s homeowner’s insurance policy or your renter’s insurance policy does not cover liability arising from a family child care. You would need a separate policy or endorsement to cover your family child care.[iii]

^[i] Cal. Health & Safety Code § 1597.531(a).

^[ii] Cal. Health & Safety Code § 1597.531(a).

^[iii] Cal. Ins. Code § 676.1(c) (“It shall be against public policy for a residential property insurance policy to provide coverage for liability for losses arising out of, or in connection with, the operation of a family day care home. This coverage shall only be provided by a separate endorsement or insurance policy for which premiums have been assessed and collected.”).

^[i] Cal. Health & Safety Code § 1597.41.

^[ii] Cal. Ins. Code § 676. If the landlord’s homeowner’s insurance policy has been in effect for at least 60 days, or is a renewal policy, it may be canceled or not renewed only for: premium nonpayment, conviction of the named insured of a crime, fraud, grossly negligent acts, or omissions or physical changes in the insured property which result in the property becoming uninsurable.” The opening of a family child care home is not considered a “physical change in the insured property” justifying cancellation or nonrenewal.

Yes, but only if all the following conditions are met: 

• You already have or are getting a liability insurance policy; 
• Your landlord or HOA asks in writing to be added to your policy; 
• Your policy will not be canceled if you add your landlord or HOA; and, 
• Your landlord or HOA will pay the additional amount if adding them causes you to pay a higher premium.^[i]

^[i] Cal. Health & Safety Code § 1597.531(b).  These same liability insurance rules apply when a family child care home is operating on premises which share common space that is governed by a homeowner association. 

Landlords might not understand the difference between a family child care home and a child care center. They might imagine streams of children disturbing other tenants and running around, but family child care providers tend to be very good tenants. You can predict common concerns and talk about them with your landlord. 

Your landlord might be worried about wear and tear of their rental. You can explain that as a family child care provider, you need your home to be an attractive and safe environment, both to appeal to families and because you are subject to Community Care Licensing annual unannounced inspections. So you have an incentive to protect against wear and tear of the property. Also, your landlord can use your security deposit to cover any excessive wear and tear when you move.

Your landlord may worry about children being left alone. You can tell them that children are not left unsupervised in family child care. Point out that your license requires regular supervision of all children in your care.[i]

Your landlord might worry about noise. You could offer to keep the children indoors in the early morning and the late evening. Also, make sure the landlord understands that your license limits the number of children in your care. 

Explain that traffic should not create a problem because only a few families take part in the program and families do not typically drop off or pick up at the same time.

Explain that family child care providers do not bathe children in care so increased water use should not be a problem. You can also offer to make extra efforts to conserve water and energy.

^[i] Cal. Health & Safety Code § 1596.78.

If you receive an eviction notice or a notice to increase your rent, and you believe the reason for the notice is because of your family child care, contact your local tenant’s rights organization immediately. Also, it is always a good idea to consult with a lawyer before you respond to your landlord. 

It is illegal for your landlord to evict you or raise your rent ONLY because you have a family child care home. You have the right to file a housing complaint with the Department of Fair Employment and Housing. 

Check all notices and papers for deadlines. You usually must respond very quickly to eviction notices or court papers. An eviction notice with a 3-day deadline means that your landlord could file a case to evict you after 3 days if the problem is not resolved. Court papers that say that the landlord filed an “Unlawful Detainer” (eviction) against you must be answered within 5 days. 

If you feel as though your landlord is violating your rights as a family child care provider, you have the right to file a housing complaint with the Department of Fair Employment and Housing. Information about filing a complaint can be found here: https://www.dfeh.ca.gov/complaint-process/file-a-complaint/

If you file a complaint with the Department of Fair Employment and Housing, please contact the Child Care Law Center so we can help make sure your complaint is handled correctly.

If you are being prevented from having a family child care home, please submit your legal question online at www.childcarelaw.org/help or contact the Child Care Law Center at 415-558-8005 extension 1.

Visit LawHelpCalifornia.org if you are a tenant with a low income and you have received a notice of eviction or illegal rent increase from your landlord.

Search online for the tenant rights organization nearest you. California has many nonprofit community-based housing rights organizations. 

Call your County Bar Association Lawyer Referral Service to find a private attorney or free legal services if you are low income. 

The California Department of Consumer Affairs Guide “California Tenants” is available at www.dca.ca.gov.

Under California law, family child care homes are a residential use of property, not a business use.[i] To encourage family child care in residential areas, the law makes it illegal for Homeowner Associations (“HOAs”) and landlords to restrict or prohibit family child care homes.[ii] For example, Covenants, Conditions, and Restrictions (“CC&Rs”) that prohibit the use of homes as a “business” cannot be applied to family child care homes.[iii] Any portion of a lease, contract, or other agreement that restricts someone from using property as a family child care home is void and unenforceable.[iv]

The law also prohibits HOAs from deciding not to sell or rent to an applicant only because they are a family child care home provider.[v]

[i] Cal. Health & Safety Code §§ 1597.40; 1597.43(a). Cal. Health & Safety Code § 1598.40 announces that the express intent of the Legislature in enacting Section 1597.30 et seq. was that “family day care homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development.” The Legislature declared “this policy to be of statewide concern with the purpose of occupying the field” and that this act “shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes.” Cal. Health & Safety Code 

§ 1597.43(a) explains that the operation of a licensed family child care homes is a residential use of property, not a business use of property.

[ii] Cal. Health & Safety Code § 1597.41(a)-(c).

[iii] Cal. Health & Safety Code § 1597.43(a); Barrett v. Dawson, 61 Cal. App. 4th 1048, 1051–52, 01 (1998). See also Cal. Health & Safety Code § 1597.41(a)-(c).

[iv] Cal. Health & Safety Code § 1597.41(a)-(c).

[v] Cal. Health & Safety Code § 1597.41(b) (“An attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of real property for use or occupancy as a family daycare home is void.”). Cal. Gov’t Code § 12955 (prohibiting housing discrimination based on “source of income”). See also Sisemore v. Master Fin., Inc., 151 Cal. App. 4th 1386, 1393, 1410–11, 1426 (2007). (Licensed family day care provider established viable discrimination claims against a mortgage lender that refused the family day care provider’s loan application to purchase a home under the Unruh Act, Fair Employment and Housing Act (FEHA), and Unfair Competition Law (UCL). This case clarified that a family day care home provider bringing a FEHA claim for discrimination based on “source of income” is not limited to only renters, but also to applicants who apply to purchase a home.)

The California Department of Social Services, Community Care Licensing Division (“Licensing”) is the state agency that regulates and monitors the licensing of all child care.[i]

The law gives Licensing exclusive responsibility for:

• Inspecting and deciding whether a family child care home meets all state health and safety requirements to be licensed;
• Regulating the number of children that can be cared for in a home;
• Certifying the hours of child care operation; and,
• Conducting ongoing inspections.

[i] Cal. Health & Safety Code § 1597.30-.622 (licensing provisions). Cal. Dep’t of Soc. Servs., Community Care Licensing Division, https://www.cdss.ca.gov/inforesources/ childrens-residential/resources-for-providers/facility-information

Under state law, HOAs cannot regulate the use of family child care homes, either in writing or by actions. For example, HOAs cannot require that a family child care home operate only from 9 am to 5 pm, or care for only 5 children.

HOAs also cannot make special rules that apply only to family child care homes. HOA rules that apply to family child care homes must apply equally to all other residences. For example, if an HOA has a rule about where children are allowed to play in the common areas, the same rule must apply to all residents, not to only family child care homes.

Ifa family child care provider already has or is planning on getting a child care insurance policy, they must add the HOA or property owner to their child care insurance policy or bond if the following conditions are met:

• The child care provider already has child care insurance;
• The HOA or property owner makes a written request to be added to the policy;
• The addition of the property owner or the homeowner association does not result in cancellation or nonrenewal of the insurance policy or bond carried by the family day care home; and
• Any additional premium assessed for this coverage is paid by the HOA or property owner.[i]

[i] Cal. Health & Safety Code § 1597.531.

The law does not require family child care providers to have insurance. The Child Care Law Center does strongly encourage child care providers to buy it. If an HOA is concerned about a family child care provider not having insurance, the HOA could work with the child care provider to help pay for the insurance.

Under state law, residential property insurance will not cover for liability or losses arising out of, or in connection with, the operation of a family child care home. This kind of coverage can only be covered under a separate insurance policy.[i]

[i] Cal. Ins. Code § 676.1(c) (“It shall be against public policy for a residential property insurance policy to provide coverage for liability for losses arising out of, or in connection with, the operation of a family day care home. This coverage shall only be provided by a separate endorsement or insurance policy for which premiums have been assessed and collected.”).

California law prohibits insurers from canceling an insurance policy that has been in effect for 60 days or a renewal policy because of the operation of a family child care home on the premises.[i]

[i] Cal. Ins. Code § 676. If the landlord’s homeowner’s insurance policy has been in effect for at least 60 days, or is a renewal policy, it may be canceled or not renewed only for: premium nonpayment, conviction of the named insured of a crime, fraud, grossly negligent acts or omissions or physical changes in the insured property which result in the property becoming uninsurable. The opening of a family child care home is not considered a “physical [change] in the insured property” justifying cancellation or non-renewal.

A small family child care home must have one adult child care provider who is the person living in the licensed home and some have an assistant. Small family child care providers may care for 6 children at a time, and up to 8 children if four conditions are met.[1]

A large family child care home must have one adult child care provider who is the person living in the licensed home. At least one additional assistant child care provider is required whenever the child care capacity exceeds the capacity of a small licensed family child care home. Large family child care providers may care for 12 children at a time, and up to 14 children if four conditions are met.[2]

Since SB 234 became the law on January 1, 2020, both small and large family child care homes must be considered a residential use of property.[3] Therefore, cities and counties cannot require family child care providers to obtain a zoning permit or business license. Local governments cannot apply any requirements to family child care homes that are not applied to all other residences with the same zoning designation.

[1] Cal. Health & Safety Code § 1597.44.

[2] Cal. Health & Safety Code § 1597.465.

[3] Cal. Health & Safety Code § 1597.45.

No. Large and small family child care homes must “be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.”[1] Cities and counties cannot apply requirements to small or large family child care homes, unless the requirements are identical to those applied to all residences without a family child care home. [2] For example, your local government cannot require that small or large family child care providers obtain a business license or zoning permit for operating a family child care home.[3]

[1] Cal. Health & Safety Code § 1597.45(a).

[2] Cal. Health & Safety Code § 1597.45(e).

[3] Cal. Health & Safety Code § 1597.45(a)-(b).

No. The law clearly states: “local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.”[1] Local governments could previously require that large family child care homes obtain a business license, but SB 234 now prohibits this.

[1] Cal. Health & Safety Code § 1597.45(b).

No. The law states that family child care homes must be considered “a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.”[1] Local governments were previously allowed to require that large family child care homes obtain a zoning permit, but SB 234 now prohibits this.

[1] Cal. Health & Safety Code § 1597.45(b).

Local governments cannot require small family child care homes to undergo a fire inspection.[1]

A city or county fire department, the district providing fire protection services, or the State Fire Marshal must approve a fire safety clearance for large family child care homes.[2] A fire department may only require large family child care homes to comply with fire standards adopted by the State Fire Marshal, which are found in the California Code of Regulations Title 24. The fire standards must be applied uniformly to family child care homes throughout the state.[3] “A city, county, or district shall not adopt or enforce a building ordinance or local rule or regulation relating to the subject of fire and life safety in large family day care homes that is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to all residences with the same zoning designation in which childcare is provided.”[4] The STD 850 form is used for fire inspections of large family child care homes.[5]

[1] Cal. Health & Safety Code § 1597.455 (small family child care homes are not subject to fire inspections, but Licensing must ensure they have a fire extinguisher, smoke detector, and carbon monoxide detector that meet the State Fire Marshal standards); Cal. Code of Regs., tit. 22, § 102371(b). 

[2] Cal. Health & Safety Code § 13235, Cal. Code of Regs., tit. 22, § 102371; See Cal. Health & Safety Code § 1597.46 (rules for large family child care homes).

[3] Cal. Health & Safety Code § 1597.46(a).

[4] Cal. Health & Safety Code § 1597.46(c).

[5] See Cal. Health & Safety Code § 1597.46(a); Cal. Code of Regs., tit. 22, § 102371; Cal. Dep’t of Forestry and Fire Protection, Fire Safety Inspection Request STD 850, Cal. Dep’t of Forestry and Fire Protection, Fire Safety Inspection Request STD 850, (Oct. 2019), https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std850.pdf.

[1] Cal. Health & Safety Code § 1597.45(b).

Your city or county cannot require a family child care provider to obtain a building permit solely based on operating a family child care home.[1] Family child care homes are considered a residential use of property and a use by right for the purposes of all local ordinances.[2] Use of a home as a family child care home also does not constitute a change of occupancy for state housing law or local building codes. [3]

[1] See Cal. Health & Safety Code § 1597.45(e).

[2] Cal. Health & Safety Code § 1597.45(a).

[3] Cal. Health & Safety Code § 1597.45(c).

No. Small and large family child care homes are exempt from the California Environmental Quality Act (CEQA).[1]

[1] Cal. Health & Safety Code § 1597.45(d)(exempting small and large family child care homes from the Public Resources Code, Division 13, which contains the California Environmental Quality Act).

Your city or county may apply environmental impact standards that are required in a local ordinance only if the same requirement applies to all residences with the same zoning designation.[1] For example, if your city requires a family child care home to conduct an environmental impact study on its ground water, the same requirement must be applied to all residences that are not family child care homes.

The Act makes clear that neither a small nor a large family child care home is considered a change in occupancy for purposes of state or local building codes.[2]

[1] Cal. Health & Safety Code § 1597.45(e); See Cal. Health & Safety Code §§ 1597.42, 1597.43.

[2] Cal. Health & Safety Code § 1597.45(c).

If neighbors have concerns about a family child care home, we recommend you encourage them to speak directly with the family child care provider to work out any problems.  We also urge you to refer neighbors to their local Child Care Resource and Referral agency, Child Care Advocate Program, or Child Care Regional (Licensing) Office.[1]

[1] Anyone may contact the local child care resource and referral agency to help problem solve concerns or issues about a child care. The Child Care Advocate Program is a department of the California Department of Social Services. The child care advocate plays many roles, including educating the public about licensed child care and speaking with community members about child care complaints or concerns. Information on the Child Care Advocate Program is available at Cal. Dep’t of Soc. Services, Child Care Advocate Program, https://www.cdss.ca.gov/inforesources/child-care-licensing/child-care-advocates. The list of regional Community Care Licensing Division Child Care Offices can be found at https://www.cdss.ca.gov/Portals/9/CCLD/CCP Documents/CCLD_CCL_RO_Contacts.pdf.

The California Child Day Care Facilities Act (“the Act”), Cal. Health & Safety Code §§ 1596.70 et seq., is the comprehensive law that establishes a statewide system for licensing child care. The Act preempts (supersedes) local zoning, building, and fire codes and regulations that conflict with its provisions.[1] The law aims to increase the availability of family child care, so parents can work and attend school and children can thrive.[2]

[1] Cal. Health & Safety Code § 1597.40(b).

27 See Cal. Health & Safety Code §§ 1596.70, 1596.73(e), 1597.30, 1597.40.

The Act strictly limits city and county regulation of family child care homes in order to address the lack of child care availability, encourage the establishment of family child care homes in residential communities, and to ensure a simplified regulatory process that does not place undue burdens on providers.[1] Despite the high demand for family child care, it remains in very short supply.

The scarcity of licensed child care in California is at a crisis level; only 23% of children with working parents who need child care, can find it. And in some counties, the percentage of child care availability is even lower and continues to decline.[2]

Extra costs, like zoning permits and business licenses, are passed onto parents who typically pay 15 to 35 percent of their income on child care.[3] Another reason for the lack of child care is poverty-level wages for child care providers. On average, a child care worker in California earns just over $30,000 per year, and even less if the child care is operated in the provider’s home.[4] The updated family child care protections in SB 234 will help relieve the financial burdens on family child care providers and parents, and increase the availability of home-based care.

[1] Cal. Health & Safety Code § 1597.30.

[2] The California Child Care Resource & Referral Network, California Child Care Portfolio (2017), https://rrnetwork.org/assets/general-files/2017-Child-Care-Portfolio-ALL.pdf. The California Child Care Portfolio data is also provided to the Lucile Packard Foundation for Children’s Health, Kidsdata.org (2017), http://www.kidsdata.org.

[3] The California Child Care Resource & Referral Network, California Child Care Portfolio (2019), https://rrnetwork.org/assets/general-files/California-06-20.pdf.

[4] Bureau of Labor Statistics, U.S. Department of Labor, May 2019 State Occupational Employment and Wage Estimates California, https://www.bls.gov/oes/current/oes399011.htm.

The California Child Day Care Facilities Act (“the Act”), Cal. Health & Safety Code sections 1596.70 et seq., is the law that governs state health, safety, and licensing requirements of all child care facilities, including family child care homes. The corresponding rules for child care are found in California Code of Regulations, title 22, sections 102351.1 et seq. (family child care homes) and 101151 et seq. (child care centers).

The California Department of Social Services, Community Care Licensing Division (“CCLD”) evaluates family child care homes and child care centers and determines whether they meet the state health and safety requirements in order to be licensed.[1] CCLD also conducts ongoing, unannounced inspections of all family child care homes and child care centers, and ensures child care providers meet the training requirements to care for children.[2]

[1] “The core mission of the Child Care Licensing Program is to ensure the health and safety of children in care. The Child Care Licensing Program strives to provide preventive, protective, and quality services to children in care by ensuring that licensed facilities meet established health and safety standards through monitoring facilities, providing technical assistance, and establishing partnerships with providers, parents, and the child care community. The Child Care Licensing Program provides oversight and enforcement for licensed Child Care Centers and Family Child Care Homes through 19 Regional Offices located throughout California.” Cal. Dep’t of Soc. Serv., Community Care Licensing Division, Child Care Licensing, available at https://cdss.ca.gov/inforesources/child-care-licensing (last visited Oct. 7, 2020).

[2] See Cal. Dep’t of Soc. Serv., “Welcome to the California Child Care Licensing Program” at http://www.ccld.ca.gov/pg411.htm (last visited Oct. 7, 2020).