California Code § 102417(a): Licensee Presence Required

📋Type B Violation🏢Affects: Family Child Care Homes

ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

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.

💬What Providers Tell Us

Based on community experience — not official guidance

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 (last 90 days)

That's 1 in 1667 facilities

counties affected

most common citation

→

Stable

Last 90 days vs. previous 90 days

26 facilities (was 26)0 facilities

Source: California CCLD inspection records | Data as of Mar 19, 2026. Updated weekly.

26 facilities were cited for this in the last 90 days.

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What Other Providers Do for Licensee Presence Required

Common practices shared by providers. Confirm requirements with your licensing analyst.

✓ Common Practices

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.

1 citations

View county details →

Data updated weekly from CCLD public records. Last update: 3/19/2026

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A single Type A citation can cost $150–$500+ in civil penalties — not counting the follow-up inspection it triggers.

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Frequently Asked Questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

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 need to leave temporarily, you must arrange for a qualified substitute, but your total absence cannot exceed 20% of that day's operating hours. This means on a 10-hour day, you have a maximum of two hours away, and every minute counts, including quick errands.

How common is this citation?

According to California CCLD inspection records as of March 15, 2026, 26 facilities have been cited for this violation in the past 90 days across 16 California counties. That's roughly 1 in 1,538 inspected facilities. Riverside and Los Angeles each had 4 citations, with San Diego, Sacramento, and Santa Clara reporting 2 each. The wide geographic spread across 16 counties suggests this is a statewide pattern, not a regional enforcement issue.

What triggers this citation during an inspection?

Inspectors conducting unannounced visits 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. Based on CCLD inspection patterns, inspectors cross-reference your sign-in/sign-out logs with the substitute's records and look for gaps. They also check whether your substitute has current fingerprint clearance, CPR certification, and mandated reporter training. Multiple short absences that add up past the 20% daily threshold get cited just like one long absence.

How can I prevent this citation?

Keep a written log of every time you leave and return, including quick grocery runs and school pickups. Calculate your 20% limit for each operating day and post it where you can see it. Pre-clear at least two substitutes with full CCLD requirements (fingerprints, CPR, mandated reporter training) so you're never caught without coverage. Set a phone timer when you leave to track your absence in real time.

What should I do if I receive this citation?

Start a daily absence log immediately, recording departure and return times for every instance you leave the home during care hours. Verify that all substitute caregivers have current fingerprint clearance, CPR certification, and mandated reporter training on file. Submit documentation showing your corrected tracking system and updated substitute roster 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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