California Code § 102417(a): Licensee Presence Required

📋Type B Violation🏢Affects: Family Child Care Homes

What Is California Code § 102417(a): Licensee Presence Required?

California Code § 102417(a)

The licensee shall be present in the home and shall ensure that children in care are supervised at all times. When circumstances require the licensee to be temporarily absent from the home, the licensee shall arrange for a substitute adult to care for and supervise the children during his/her absence. Temporary absences shall not exceed 20 percent of the hours that the facility is providing care per day.

💡Insider's Tips

Inspectors conducting unannounced visits specifically note who opens the door. If it's not the licensee, their first question is where you are and how long you've been gone. They check your sign-in/sign-out logs and compare them against the substitute's records. Here's what catches providers off guard: the 20% rule applies per day, not averaged across the week. If you run a 10-hour day, you get two hours total of absence, and that includes quick runs to the grocery store or picking up your own kids from school. Anything over that threshold gets cited regardless of how present you were on other days. Keep a written log of every time you leave and return.

facilities cited recently

That's 1 in 2000 facilities

counties affected

most common citation

📉

Decreasing

Last 90 days vs. previous 90 days

22 facilities (was 31)9 facilities

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

How to Avoid Licensee Presence Required Citations

✓ Prevention Checklist

Licensee must be physically present in the home during care hours
Ensure children are supervised at all times without exception
Arrange for qualified substitute care during necessary absences
Limit temporary absences to no more than 20% of daily care hours

❌ Common Mistakes

Calculating the 20% absence limit across the entire week rather than per day. A provider who is gone four hours on Monday can't make it up by staying all day Tuesday. Each operating day stands alone for the 20% calculation.
Using a family member who lives in the home but lacks cleared background checks as a substitute. The adult must meet all CCLD substitute requirements including fingerprint clearance, CPR certification, and mandated reporter training.
Stepping out for 'just five minutes' without formally noting it or having a qualified substitute present. Inspectors document any period where children lacked proper supervision, even brief ones, and multiple short gaps add up.
Assuming the 20% rule only applies to planned absences. Emergency errands, doctor appointments, and school pickups all count toward your daily limit, and inspectors review patterns across multiple visits.

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.

Riverside County

4 citations

San Diego County

4 citations

Los Angeles County

4 citations

Solano County

2 citations

Kern County

1 citations

Lake County

1 citations

Tulare County

1 citations

Calaveras County

1 citations

Sacramento County

1 citations

Santa Clara County

1 citations

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

See California Code § 102417(a): Licensee Presence Required Citations in Your County

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Frequently Asked Questions

What is Licensee Presence Required?

California Code 102417(a) requires the licensee to be physically present in the family child care home and to ensure children are supervised at all times during operating hours. When you must step out, you need a qualified substitute who meets all CCLD requirements, including fingerprint clearance and CPR certification. Your temporary absences cannot exceed 20% of your operating hours on any single day, which means on a 10-hour day, you get a maximum of two hours away total.

How common is this citation?

According to California CCLD inspection records as of February 08, 2026, 25 facilities have been cited for this violation in the past 90 days across 17 California counties. That's roughly 1 in 1,600 inspected facilities. The wide county spread (17 counties) shows this isn't concentrated in one region. Los Angeles had 4 citations, San Diego had 3, and Santa Clara, Riverside, and Solano each had 2. The broad distribution suggests this is a common operational challenge across all types of communities.

What triggers this citation during an inspection?

During unannounced visits, the first thing inspectors note is who opens the door. If it's not the licensee, they immediately ask where you are and how long you've been gone. Based on CCLD inspection patterns, common triggers include having a family member without cleared background checks covering for you, exceeding the 20% absence threshold after multiple short errands add up, and lacking a written log of your departures and returns. Inspectors also compare your sign-in/sign-out records against the substitute's documentation for inconsistencies.

How can I prevent this citation?

Keep a written log by the front door where you record every time you leave and return, even for five-minute trips. Calculate your 20% limit for each operating day and track your running total. Make sure any substitute has current fingerprint clearance, CPR certification, and mandated reporter training on file before you ever need them. Batch your errands on shorter operating days when you have more margin, and never assume the 20% averages across the week.

What should I do if I receive this citation?

Create or update your written absence tracking system immediately. Verify that every person who might substitute for you has complete, current CCLD-required documentation on file. Calculate your daily 20% limits based on your actual operating hours and post them where you'll see them. Include your corrected tracking forms and substitute qualifications in your Plan of Correction. 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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