California Code § 102423(a)(4): Age-Appropriate Equipment

This regulation requires that playground equipment and toys in family childcare settings must be developmentally appropriate for the ages of children you're serving. Equipment designed for older children can seriously injure younger ones - a climbing structure that's perfect for a 5-year-old can be dangerous for a toddler. You need to ensure that the challenge level, size, height, and complexity of equipment matches the developmental abilities of the children using it. When you serve mixed ages, this means carefully supervising which equipment each age group uses or maintaining separate play areas.

As of November 23, 2025, 17 facilities have been cited for this violation across 10 counties. This represents about 1 in 2,350 facilities statewide (0.23% of the 7,551 facilities inspected in the past 90 days). Sacramento County had the most citations with 4 facilities, followed by San Diego County with 3. This violation often occurs in mixed-age family childcare homes where providers struggle to maintain appropriate equipment for different developmental stages, or when hand-me-down equipment designed for older children is used with younger ones.

Inspectors cite this when they observe equipment being used by children who are too young for it, or when age-inappropriate equipment is accessible to younger children in mixed-age settings. Examples include: toddlers playing on climbing equipment with platforms over 32 inches high (appropriate for preschoolers), infants in swings designed for older children, riding toys with features too complex for the children using them, or playground structures with spacing that creates head-entrapment hazards for younger children. The inspector looks at manufacturer age recommendations and compares them to the ages of children in care. Even if no injury has occurred, having inappropriate equipment accessible is enough for a citation.

Check age recommendations on all playground equipment and take them seriously - manufacturers test equipment for specific developmental stages. For mixed-age groups, create designated play areas with appropriate equipment for each age range, or establish clear supervision rules about which children can use specific equipment. Toddlers need low platforms (under 32 inches), simple climbing features, and equipment scaled to their size. Preschoolers can handle more complex structures with higher platforms. When purchasing used equipment, research the manufacturer's age specifications. During outdoor play time, actively supervise to ensure younger children aren't attempting to use equipment designed for older ones. If you can't separate age groups spatially, use time-based separation - let older children use challenging equipment while younger ones nap.

Immediately restrict access to inappropriate equipment for younger children - remove it, fence it off, or clearly designate it for older children only with active supervision to enforce the separation. If equipment is truly inappropriate for all children in your care, remove it entirely. Purchase or designate age-appropriate alternatives that match the developmental stages of your youngest children. Create and document a plan showing how you'll ensure age-appropriate equipment use going forward - this might include separate play times, divided outdoor areas, or updated supervision procedures. During follow-up, demonstrate your new system and explain how you determine age-appropriateness when adding new equipment. Keep manufacturer age recommendations with your equipment inventory.