California Code § 101161(a): Licensed Capacity Limits

This regulation means you must operate exactly within the terms printed on your license - no exceptions. If your license says you can serve 20 children ages 2-5 between 7am-6pm, those are hard limits. You cannot have 21 children, you cannot take a 1-year-old, and you cannot open at 6:30am, even temporarily. Every condition on your license exists for safety reasons tied to your facility's specific setup, staff ratios, and physical space.

As of November 23, 2025, 37 facilities have been cited for exceeding licensed capacity or operating outside license conditions in the past 90 days. This affects approximately 1 in 1,081 California childcare facilities (0.49% of the 7,551 facilities inspected). Violations occurred across 14 counties, with Los Angeles County having 8 citations, Orange County with 6, and both San Mateo and Alameda counties with 4 each.

Inspectors count heads when they arrive unannounced - if you have even one child over capacity, you're cited immediately. Citations also happen when providers serve age groups not listed on their license (like taking infants when licensed only for preschool), operating outside permitted hours, or using unapproved space. Some providers get caught accepting emergency drop-ins without checking their current count, or not realizing that staff members' own children count toward capacity if they're on-site during operating hours.

Post your exact licensed capacity in large numbers where all staff can see it, and implement a physical tracking system like a chart or whiteboard that gets updated every time a child arrives or leaves. Never exceed capacity even briefly - if you're at 20 and a 21st child arrives, that parent waits until another child leaves or takes their child elsewhere. Train every staff member that capacity is non-negotiable and give them authority to turn away extras. If you need different capacity, age groups, or hours, submit a license modification request BEFORE making any changes. Keep your license in a visible location so you can reference it quickly when parents make unusual requests.

If cited for over-capacity, you must immediately reduce enrollment to your legal limit - this might mean telling parents they need alternative care until you're back in compliance. Document your new counting and tracking system in your Plan of Correction, showing exactly how you'll prevent future violations. If you were operating outside other license conditions (wrong ages, wrong hours), cease those activities immediately and notify affected families. Consider requesting a license modification if your current conditions don't meet your community's needs, but continue operating within current limits until any modification is approved.