Code Section

Health and Safety Code - HSC


  ( Division 2 enacted by Stats. 1939, Ch. 60. )

CHAPTER 3.5. Day Care Centers [1596.90 - 1597.21]

  ( Chapter 3.5 added by Stats. 1984, Ch. 1615, Sec. 10. )

ARTICLE 2. Licensure Requirements [1596.95 - 1596.99]
  ( Article 2 added by Stats. 1984, Ch. 1615, Sec. 10. )


(a) The department shall develop guidelines and procedures to authorize licensed child daycare centers serving infants to create a special program component for children between 18 months to three years of age. The optional toddler program shall be subject to the following basic conditions:

(1) An amended application shall be submitted to, and approved by, the department.

(2) A child younger than 18 months of age shall not be moved into the toddler program. A child who is older than 18 months of age shall not be required to be in the toddler program.

(3) Parents shall give permission for the placement of their children in the toddler program.

(4) A ratio of six children to each teacher shall be maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.

(5) The maximum group size, with two teachers, or one fully qualified teacher and one aide, shall not exceed 12 toddlers.

(6) The toddler program shall be conducted in areas separate from those used by older or younger children. Plans to alternate use of outdoor play space may be approved to achieve separation.

(7) All other regulations pertaining to infants shall be complied with.

(b) The toddler program shall be considered an extension of the infant center license, without the need for a separate license.

(c) The department may extend the period for participation in the toddler program for a maximum of three months for a child in extenuating circumstances, on the request of the daycare center, if the center can establish that it is unable to find an alternative placement.

(Amended by Stats. 2019, Ch. 497, Sec. 154. (AB 991) Effective January 1, 2020.)