13.3: Regulations

California Regulations for Child Care and Early Education

Title 22 California

Title 22 of the California Code of Regulations (CCR) is a set of laws and guidelines that govern various health and social services programs in the state. It is enforced by different state agencies, such as the California Department of Social Services (CDSS) and the California Department of Public Health (CDPH). Title 22 covers regulations for child care facilities, health care services, residential care homes, and environmental health standards.

Key Areas of Title 22:

• Child Care & Early Education
  • Establishes licensing requirements for daycares, preschools, and after-school programs.
  • Regulates staff qualifications, child-to-staff ratios, safety, nutrition, and facility conditions.
  • Ensures background checks and training for child care providers.
• Health Care Facilities
  • Sets standards for hospitals, nursing homes, clinics, and assisted living facilities.
  • Includes patient rights, staffing ratios, infection control, and facility operations.
• Residential Care & Assisted Living
  • Regulates group homes, foster care, elderly care, and facilities for individuals with disabilities.
  • Covers staff training, resident care, medication management, and facility safety.
• Environmental Health & Safety
  • Oversees drinking water quality, hazardous waste management, and food safety.
  • Ensures compliance with sanitation and disease prevention regulations.

Why Is Title 22 Important?

• Protects public health, safety, and welfare.
• Ensures quality standards in child care, health care, and residential services.
• Provides legal guidelines for inspections, enforcement, and penalties for non-compliance.

Under Title 22 of the California Code of Regulations, child care facilities must meet specific requirements for staff qualifications, child-to-staff ratios, safety, nutrition, and facility conditions to ensure a safe and nurturing environment for children. Here’s a breakdown of each area:

Staff Qualifications

To ensure quality care, child care providers must meet educational and experience requirements:

• Directors of child care centers must have a combination of education (Child Development units) and experience in early childhood education.
• Teachers must have at least 12 ECE units, including child development and curriculum planning.
• Aides/Assistants may have fewer requirements but must work under supervision.
• All staff must pass background checks (Live Scan fingerprinting), TB tests, and health screenings.

Child-to-Staff Ratios

Maintaining proper supervision ratios ensures safety and individualized attention. Title 22 sets minimum staff-to-child ratios based on age groups:

• Infants (0-24 months): 1 teacher per 4 infants (maximum group size: 12).
• Toddlers (18-36 months): 1 teacher per 6 toddlers.
• Preschool (2-5 years): 1 teacher per 12 children.
• School-age (6+ years): 1 teacher per 14 children.

Safety Regulations

Facilities must follow strict safety guidelines, including:

• Childproofing (outlet covers, locked cabinets, gated staircases).
• Emergency Preparedness (fire drills, earthquake kits, first aid training).
• Health & Sanitation (cleaning routines, handwashing policies, illness prevention).
• Supervised Outdoor Play Areas with secure fencing and age-appropriate equipment.

Nutrition Requirements

Child care centers must provide nutritious meals and snacks that meet state dietary guidelines. This includes:

• Balanced meals with fruits, vegetables, proteins, and whole grains.
• Age-appropriate portion sizes and safe food preparation.
• Allergy awareness and meal accommodations for dietary needs.
• Compliance with the Child and Adult Care Food Program (CACFP) when applicable.

Facility Conditions

The physical environment must be safe, clean, and well-maintained, with:

• Adequate indoor and outdoor space per child.
• Proper ventilation, lighting, and temperature control.
• Accessible bathrooms and sinks for hygiene.
• Separate sleep areas for infants with safety-approved cribs.

Indoor Space Requirements:

• A minimum of 35 square feet per child of usable indoor activity space.
• Space calculations exclude bathrooms, kitchens, hallways, storage, and staff-only areas.
• Furniture and equipment must be arranged to allow free movement and prevent overcrowding.
• Facilities must provide adequate lighting, ventilation, and temperature control to support a healthy learning environment.

Outdoor Space Requirements:

• A minimum of 75 square feet per child of outdoor play space.
• Play areas must be fenced and secured to prevent access to unsafe areas (e.g., streets, parking lots).
• Outdoor equipment should be age-appropriate, well-maintained, and meet safety standards to prevent injuries.
• If outdoor space is shared or limited, facilities must schedule staggered outdoor play times to meet the space requirement.

Exceptions & Considerations:

• If outdoor space is unavailable, the facility may request a waiver and use alternative spaces such as nearby parks, with written approval from licensing authorities.
• School-age programs operating on school premises may follow different guidelines, depending on available space.

Why These Space Requirements Matter

Adequate space ensures that children have room to move, play, and learn comfortably while reducing risks of overcrowding, accidents, and stress. Compliance with these regulations is checked during licensing inspections, and violations may lead to corrective actions or penalties.

Qualifications for Public School Paraeducators

In California, paraeducators (also known as paraprofessionals, instructional aides, or teacher assistants) must meet specific qualifications depending on their role and funding source. The requirements ensure they can effectively support teachers and students, especially in special education and Title I programs.