California Code § 102416.5(e): Large Home Staffing Rules

This regulation governs staffing requirements for Large Family Child Care Homes, which are licensed to care for more children than Small Family Child Care Homes. The key rule: if your assistant provider is absent and you're working alone, you must immediately reduce your capacity to Small Family Child Care Home limits. You cannot continue operating at large home capacity without your assistant present. This ensures proper supervision ratios are maintained at all times based on actual staff present, not just your licensed capacity.

As of November 23, 2025, 14 facilities have been cited for staffing ratio and capacity violations in the past 90 days across 9 counties. That's approximately 1 in 2,857 facilities statewide. Los Angeles County had 3 citations, Sacramento and Contra Costa each had 2, and Riverside had 2. This represents 0.19% of the 7,551 facilities inspected. These citations are serious because exceeding capacity with inadequate staffing creates safety risks.

Inspectors cite large family child care homes when they arrive unannounced and find the provider caring for more children than small home limits allow while the assistant provider is absent. For example: a large home licensed for 12 children has 10 children present, but the assistant called in sick and the licensee is working alone - this exceeds small home capacity limits. Other scenarios include the assistant leaving mid-day for an emergency and the licensee continuing to accept afternoon arrivals, or the licensee accepting a drop-in child that pushes them over small home limits when working solo. Licensing may also check attendance records to see if this happens regularly.

Have a clear backup plan for assistant absences. When your assistant can't work, immediately contact parents to arrange for some children to stay home that day or arrive late, bringing your total count within small home limits. Know your small home capacity limits by heart - typically 8 children with no more than 3 under age 2, but check your specific license. Post these limits prominently so you don't accidentally exceed them. Create an emergency contact list of parents who can flex their schedule on short notice. Some providers have a backup assistant who can fill in, but this person must have completed all required clearances and orientation before caring for children. Never gamble that 'the inspector won't show up today' - that's exactly when they often do.

If cited for operating over capacity without your assistant, immediately reduce your child count to small home limits. Document your new backup procedures in writing: how you'll handle assistant absences, which parents you'll contact first, how quickly you can reduce capacity, and any backup staff you have available (with their clearance documentation). Submit this written plan to licensing with your correction. If this was a one-time emergency, explain the circumstances, but licensing will expect you to have a system preventing future violations. Some providers formalize an agreement with certain families that they'll pick up their child early or keep them home if the assistant is absent, giving you a guaranteed way to meet capacity limits quickly.