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

This regulation ensures children in childcare have the right to be free from any form of corporal punishment (hitting, spanking, shaking), humiliation, intimidation, or mental abuse. It specifically prohibits withholding basic necessities like food, bathroom access, sleep, medication, or mobility aids as a form of discipline. Even practices framed as 'natural consequences' are violations if they interfere with a child's fundamental needs or dignity.

As of November 23, 2025, 50 facilities have been cited for this violation in the past 90 days, affecting 21 counties across California. This represents approximately 0.66% of inspected facilities, or roughly 1 in 150 facilities. Los Angeles County leads with 9 citations, followed by San Diego with 6, and Sacramento with 5. While relatively uncommon, these citations reflect serious violations of children's fundamental rights.

Inspectors cite this regulation when they observe or receive reports of staff using physical punishment (spanking, hitting, shaking), verbal humiliation or intimidation, or withholding basic needs as discipline. Common triggers include: making a child skip snack time for misbehavior, denying bathroom access as punishment, forcing a child to miss nap time, withholding prescribed medication, or removing mobility aids. Inspectors also look for patterns where staff use ridicule, threats, or coercion to control behavior. Even a single incident can result in citation if it violates a child's dignity or interferes with essential daily functions.

Train ALL staff on positive discipline techniques before they work with children. Post your discipline policy in visible areas where staff and parents can see it. Use redirection, positive reinforcement, and age-appropriate consequences that never involve physical punishment or withholding basic needs. When addressing challenging behavior, ask yourself: 'Am I respecting this child's dignity and meeting their fundamental needs?' If the answer is no, choose a different approach. Document your training sessions and ensure every staff member signs off that they understand prohibited practices. Never make exceptions, even when frustrated.

Immediately implement corrective action: retrain all staff on positive discipline methods and prohibited practices, review and strengthen your written discipline policy, and ensure the specific incident cannot recur. Document all training with dates and staff signatures. If the violation involved withholding meals or bathroom access, implement a monitoring system to ensure children's basic needs are always met. Submit your Plan of Correction within the required timeframe showing specific steps taken. Consider bringing in an outside trainer specializing in positive behavior management for childcare settings. If any staff member was involved in corporal punishment or severe violations, be prepared to demonstrate how you've addressed the personnel issue.