California Code § 102416.5(e): Staffing Capacity Limits

📋Type B Violation🏢Affects: Family Child Care Homes

What Is California Code § 102416.5(e): Staffing Capacity Limits?

California Code § 102416.5(e)

If no assistant provider is present at a Large Family Child Care Home, then the licensee shall comply with the capacity requirements for a Small Family Child Care Home as specified in subsections (b) and (c).

💡Insider's Tips

This regulation catches Large Family Child Care Home operators off guard during unannounced visits. If your assistant provider calls in sick or steps out, you immediately drop to Small Family Child Care Home capacity limits. Inspectors know this and sometimes time visits for early morning or late afternoon when staffing gaps are most likely. They do a head count, check who's signed in, then ask where your assistant is. If the answer is 'not here today' and you have more children than a Small FCC allows, that's an immediate citation. Keep a backup assistant provider who has current clearances and can come in on short notice. The 12 counties cited in the past 90 days show this is enforced statewide, not just in big metro areas.

facilities cited recently

That's 1 in 1667 facilities

counties affected

most common citation

📈

Increasing

Last 90 days vs. previous 90 days

24 facilities (was 14)+10 facilities

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

How to Avoid Staffing Capacity Limits Citations

✓ Prevention Checklist

Require handwashing for all staff after every diaper change
Use soap and running water for minimum required washing time
Provide separate handwashing facilities near diaper changing areas
Ensure hand drying materials are available and clean
Train staff on proper handwashing techniques and timing

❌ Common Mistakes

Counting a parent who stayed to help as your 'assistant provider.' CCLD only recognizes individuals who meet the specific assistant provider qualifications, including background clearances and any required training. A helpful parent doesn't satisfy section (e).
Accepting one or two extra children during the gap, thinking it's close enough to compliance. There's no grace period or rounding. If your assistant is absent and you exceed Small FCC capacity by even one child, that's a citation.
Not tracking assistant provider arrivals and departures against your enrollment. Providers assume they're fine because their total enrollment fits Large FCC limits, but the regulation triggers the moment the assistant is physically absent, regardless of how many children are actually scheduled that day versus how many show up.
Relying on a single assistant provider with no backup plan. When that person is sick or on vacation, you either turn families away at the door or risk a capacity violation. Inspectors document the violation regardless of the reason your assistant isn't there.

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.

Santa Clara County

4 citations

Alameda County

2 citations

Riverside County

2 citations

San Diego County

2 citations

Sacramento County

2 citations

Los Angeles County

2 citations

Kings County

1 citations

Marin County

1 citations

Modoc County

1 citations

Solano County

1 citations

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

See California Code § 102416.5(e): Staffing Capacity Limits Citations in Your County

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Frequently Asked Questions

What is Staffing Capacity Limits?

California Code 102416.5(e) requires Large Family Child Care Homes to drop down to Small Family Child Care Home capacity limits whenever the assistant provider is absent. This applies the moment your assistant isn't physically present, whether they called in sick, stepped out for lunch, or haven't arrived yet. You can't serve more children than a Small FCC allows during that gap, regardless of how many are enrolled or scheduled.

How common is this citation?

According to California CCLD inspection records as of February 08, 2026, 15 facilities have been cited for this violation in the past 90 days across 12 California counties, generating 16 total citations. That's roughly 1 in 2,667 inspected facilities. Los Angeles leads with 3 citations, San Diego has 2, and the remaining citations spread across Fresno, Kings, Contra Costa, and 7 other counties. The wide geographic spread shows this is enforced statewide, not just in metro areas.

What triggers this citation during an inspection?

Inspectors do a head count, check your sign-in sheet, then ask where your assistant provider is. Based on CCLD inspection patterns, they sometimes time visits for early morning or late afternoon when staffing gaps are most likely. If your assistant isn't physically present and your child count exceeds Small FCC limits by even one child, that's an immediate citation. A helpful parent in the room doesn't count. Inspectors only recognize individuals with proper clearances and qualifications as assistant providers.

How can I prevent this citation?

Keep a backup assistant provider who has current background clearances and can come in on short notice. Track your assistant's arrival and departure times daily so you know exactly when you're at reduced capacity. If your assistant calls out, contact families before drop-off to adjust your numbers for the day. Never accept extra children during the gap, even temporarily. There's no grace period or rounding in this regulation.

What should I do if I receive this citation?

Immediately reduce your child count to Small FCC limits until your assistant returns. Document the steps you're taking to prevent recurrence, including identifying at least one backup assistant with current clearances. Create a written policy for same-day staffing shortages that includes parent notification procedures. Submit your plan of correction with the backup assistant's name and clearance status. For complex situations, consider consulting a licensed childcare compliance specialist.

Related Violations

102418(a)

Pre-Admission Immunizations

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102425(b)

Crib Safety Requirements

25 facilities affected

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101220(a)

Child Medical Assessments

15 facilities affected

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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.

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