California Code § 101223(a)(3): Child Protection from Punishment

📋Type A Violation🏢Affects: Child Care Centers

What Is California Code § 101223(a)(3): Child Protection from Punishment?

California Code § 101223(a)(3)

To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning.

💡Insider's Tips

Inspectors investigate this regulation based on what children and other staff report, not just what they observe directly. If a child tells a licensing analyst 'teacher takes my snack away when I'm bad,' that triggers a full investigation regardless of your stated discipline policy. The line between a documented deficiency and a more serious action often comes down to pattern versus incident. A single report of a raised voice might get a conversation; withholding bathroom access gets written up immediately. Post your discipline policy in every room, train substitutes on it before their first day, and never use food, sleep, or restroom access as behavior management tools. According to CCLD records, Los Angeles and Contra Costa counties see the highest citation rates for this regulation.

52
facilities cited recently
That's 1 in 769 facilities
17
counties affected
8
most common citation
Stable
Last 90 days vs. previous 90 days
52 facilities (was 49)+3 facilities

Source: California CCLD inspection records | Data: last 90 days as of Feb 16, 2026

How to Avoid Child Protection from Punishment Citations

✓ Prevention Checklist

❌ Common Mistakes

  • Reframing punishment as 'natural consequences' to justify withholding food or rest. Telling a child 'you didn't finish your activity so you don't get snack' or 'you weren't quiet so no nap' violates this regulation regardless of the educational rationale. Inspectors document the action, not the provider's intent behind it.
  • Allowing frustrated staff to use intimidating language or tone without recognizing it as a violation. Saying 'if you don't stop crying I'll call your mom to take you home' counts as coercion and threat under this regulation. Providers often don't realize verbal intimidation carries the same weight as physical punishment.
  • Not training substitute teachers and aides on discipline boundaries. Regular staff may know the rules, but a substitute who tells a child 'sit there and don't move until I say so' as punishment creates liability for the entire facility. Every person supervising children needs the same training.
  • Using isolation as discipline without understanding the limits. Making a child sit alone in a hallway or closet, or separating them from the group for extended periods, can be documented as humiliation or mental abuse depending on the circumstances and the child's reaction.

What's Being Cited in Each Region Over the Past 90 Days

Based on facility inspection reports filed with California's Community Care Licensing Division, here's how this citation appears across different regions in the past 90 days.

Los Angeles County

11 citations

Santa Clara County

5 citations

Orange County

4 citations

San Joaquin County

4 citations

Contra Costa County

4 citations

Kern County

3 citations

Marin County

3 citations

Alameda County

3 citations

San Diego County

3 citations

San Bernardino County

3 citations

Data updated weekly from CCLD public records. Last update: 2/16/2026

See California Code § 101223(a)(3): Child Protection from Punishment Citations in Your County

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Frequently Asked Questions

What is Child Protection from Punishment?
California Code 101223(a)(3) guarantees children the right to be free from corporal punishment, humiliation, intimidation, coercion, threats, and any other punitive actions. This regulation specifically prohibits withholding food, sleep, or bathroom access as discipline, even when framed as 'natural consequences.' For your facility, this means every person who supervises children, including substitutes and aides, must understand that verbal intimidation carries the same regulatory weight as physical punishment.
How common is this citation?
According to California CCLD inspection records as of February 08, 2026, 46 facilities have been cited for this violation in the past 90 days across 17 California counties. That's roughly 1 in 870 inspected facilities. Los Angeles County leads with 12 citations, followed by Contra Costa and Santa Clara counties with 5 each. These citations often stem from child or staff reports rather than direct inspector observation, making consistent training across all caregivers especially important.
What triggers this citation during an inspection?
Inspectors investigate this regulation based on what children and staff report, not just what they observe directly. Based on CCLD inspection patterns, if a child tells a licensing analyst 'teacher takes my snack when I'm bad,' that triggers a full investigation regardless of your written discipline policy. Withholding bathroom access gets written up immediately. Telling a child 'if you don't stop crying I'll call your mom to take you home' counts as coercion. Inspectors document the action itself, not the provider's reasoning behind it.
How can I prevent this citation?
Post your discipline policy in every room and review it with all staff quarterly. Train substitute teachers and aides on discipline boundaries before their first day, not during orientation 'when they have time.' Never use food, sleep, or restroom access as behavior management tools under any circumstances. When staff feel frustrated, they need a specific protocol: tag out with another caregiver, take a break, then return. The citation often comes from a single frustrated moment, not a pattern.
What should I do if I receive this citation?
Document the corrective action taken with the specific staff member involved, including any retraining or disciplinary steps. Conduct immediate refresher training for all staff on prohibited discipline practices, and keep signed attendance records. Update your written discipline policy if it doesn't explicitly address the cited behavior, and post the revised version in every care area. Submit your Plan of Correction with training dates, policy updates, and your ongoing monitoring plan. For complex situations, consider consulting a licensed childcare compliance specialist.

Related Violations

This information is educational and does not constitute legal advice. Consult a licensed childcare compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.