California Code § 101161(a): Licensed Capacity Limits

📋Type A Violation🏢Affects: Child Care Centers

What Is California Code § 101161(a): Licensed Capacity Limits?

California Code § 101161(a)

A licensee shall not operate a child care center beyond the conditions and limitations specified on the license, including the capacity limitation. NOTE: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81(b) and 1596.95, Health and Safety Code.

💡Insider's Tips

Inspectors count heads the moment they walk in, before they even introduce themselves. They already know your licensed capacity from the file in their car. The most common scenario is getting caught over-ratio during arrival time, when today's kids overlap with a late pickup from the previous session. Even being one child over capacity for ten minutes is a documented violation. There's no grace period and no warning for this one. If you run multiple age groups, know that each group's limit is also a hard cap. Post your capacity numbers where staff can see them and make someone responsible for the count every hour.

facilities cited recently

That's 1 in 1667 facilities

counties affected

most common citation

📉

Decreasing

Last 90 days vs. previous 90 days

26 facilities (was 32)6 facilities

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

How to Avoid Licensed Capacity Limits Citations

✓ Prevention Checklist

Never exceed the maximum capacity specified on your license
Follow all age restrictions and limitations listed on your license
Operate only during the hours and days specified on your license
Serve only the age groups your license authorizes
Contact licensing BEFORE making any changes to capacity or operating conditions

❌ Common Mistakes

Allowing 'just one more' child because a parent had an emergency and you wanted to help. Inspectors hear this explanation constantly and it doesn't change the citation. Your license number is your absolute ceiling, regardless of circumstances.
Miscounting capacity across age groups. A license might allow 20 children total but only 8 infants. Providers fill infant spots, then accept more infants thinking they're under total capacity. Each age group limit is independent and enforced separately.
Forgetting to account for field trip groups when accepting drop-ins. If 10 kids are on a field trip and you enroll a temporary child to fill the space, you're over capacity the moment the field trip group returns.
Not adjusting enrollment when a license modification reduces capacity. After a room is taken offline for renovation or a condition changes, some providers keep enrolling at the old number. Inspectors verify against your current license, not the one you had last year.

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.

Orange County

6 citations

Los Angeles County

6 citations

Alameda County

3 citations

Fresno County

2 citations

Contra Costa County

2 citations

San Bernardino County

2 citations

Nevada County

1 citations

San Diego County

1 citations

San Mateo County

1 citations

Sacramento County

1 citations

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

See California Code § 101161(a): Licensed Capacity Limits Citations in Your County

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Frequently Asked Questions

What is Licensed Capacity Limits?

California Code 101161(a) prohibits operating a child care center beyond the conditions and limitations on your license, including the maximum number of children. This applies to total capacity and to each age group separately, so a license allowing 20 children but only 8 infants enforces both numbers independently. For your facility, being even one child over capacity for any length of time, even during a parent's late pickup, is a documented violation with no grace period.

How common is this citation?

According to California CCLD inspection records as of February 08, 2026, 28 facilities have been cited for this violation in the past 90 days across 11 California counties. That's roughly 1 in 1,429 inspected facilities. Orange County leads with 8 citations, followed by Los Angeles and Alameda with 4 each. Nevada and Contra Costa counties each recorded 2 citations during this period.

What triggers this citation during an inspection?

Inspectors count heads the moment they walk through the door, before they introduce themselves. Based on CCLD inspection patterns, they already know your licensed capacity from the file in their car. The most common scenario is overlap during arrival or pickup times, when today's children are present alongside a late departure from the previous session. They also check each age group's count against the specific limits on your license. One extra child in the infant room triggers a citation even if your total count is under the overall cap.

How can I prevent this citation?

Post your capacity numbers where every staff member can see them and assign one person to count children every hour. Build a 15-minute buffer between sessions so departing and arriving children never overlap. Track age group limits separately from total capacity. If a parent asks you to take their child in an emergency and you're at capacity, the answer has to be no. Contact licensing before making any changes to your operating conditions.

What should I do if I receive this citation?

Review your enrollment records immediately to identify how the overage occurred. If it was a scheduling overlap, adjust your session times to build in transition gaps. Create a daily headcount log that staff complete every hour, broken down by age group. If you need more capacity, contact your regional licensing office to discuss a license modification before enrolling additional children. For complex situations, consider consulting a licensed childcare compliance specialist.

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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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