California Code § 102417(a): Licensee Supervision Requirements

This regulation requires the licensee to be physically present in the family child care home and ensure children are supervised at all times. If the licensee must be temporarily absent, a qualified substitute must provide care and supervision. These temporary absences cannot exceed 20% of the facility's daily operating hours (for example, if you operate 10 hours per day, you can only be absent a maximum of 2 hours).

As of November 23, 2025, 32 facilities have been cited for this violation across 18 counties. This represents about 1 in 1,250 facilities statewide (0.42% of the 7,551 facilities inspected in the past 90 days). Los Angeles County had the most citations with 5, followed by San Joaquin (4), Santa Clara (3), Sacramento (2), and Alameda (2).

Inspectors cite this regulation when the licensee is absent during operating hours without a qualified substitute present, when temporary absences exceed 20% of daily care hours, when children are left unsupervised even briefly, or when unqualified substitutes (such as teenage children, neighbors without proper clearances, or family members not approved by licensing) are caring for children. Common triggers include making 'quick' personal errands while children are present, underestimating how brief absences add up over the day, or using someone who hasn't been cleared by licensing as a substitute.

Track your substitute hours carefully - calculate 20% of your daily operating hours and never exceed that limit in any single day. Pre-approve qualified substitutes with licensing before you need them, and keep their contact information readily available. Never leave children unsupervised, even for 'just a minute.' Schedule personal appointments, errands, and breaks during non-operating hours. If you operate 10 hours daily, you have a maximum 2-hour absence allowance - brief trips add up quickly. Create a monthly log tracking any time you use substitutes to ensure you stay well under the 20% limit.

Immediately review your schedule and substitute usage patterns to identify where you exceeded the 20% limit or left children unsupervised. Submit a plan of correction explaining how you'll ensure continuous qualified supervision going forward, such as scheduling all personal business during non-operating hours or reducing operating hours if you need more flexibility. If you regularly need substitute coverage, work with licensing to get qualified substitutes properly approved and cleared. Consider implementing a daily log to track any substitute hours and prevent exceeding the 20% threshold. If family circumstances require frequent absences, discuss options with your licensing analyst - you may need to adjust your license or operating hours.