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Title 22 Tool
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  • Welcome to CQEL's Title 22 Tool
  • General Requirements and Definitions
    • General
    • Definitions
  • Licensing
    • License Required
    • Operation Without A License
    • Exemption From Licensure
    • Licensing Of Integral Facilities
    • Posting Of License
    • Limitations On Capacity
    • Advertisements And License Number
    • False Claims
  • Application Procedures
    • Transfer and Sale
    • Applicant Qualifications
    • Application for License
    • Criminal Record Clearance
    • Criminal Record Exemption
    • Child Abuse Index
    • Fire Clearance
    • Water Supply Clearance
    • Plan of Operation
    • Disaster and Mass Casualty Plan
    • Waivers and Exceptions for Program Flexibility
    • Initial Application Review
    • Capacity Determination
    • Withdrawal of Application
    • Provisional License
    • Issuance/Term of a License
    • Application for Renewal of a License
    • Submission of New Application
    • Conditions for Forfeiture of a Child Care Center License
    • Licensing Fees
  • Enforcement Provisions
    • Denial of a Renewal License
    • Deficiencies in Compliance
    • Follow-up Visits to Determine Compliance
    • Penalties
    • Review of Licensing Decisions
    • Exemption from Civil Penalties
    • Unlicensed Facility Penalties
    • Denial or Revocation of License for Failure to Pay Civil Penalties
    • Inspection Authority of the Department
    • Evaluation Visits
    • Serious Deficiencies
    • Repealed by Manual Letter No. CCL-98-11, effective 11/1/98
  • Administrative Actions
    • Denial of License
    • Revocation or Suspension of License
    • Licensee/Applicant Complaints
    • Exclusions
    • Unlicensed Facility Administrative Appeal
  • Continuing Requirements
    • Reporting Requirements
    • Finances
    • Accountability
    • Administrator Qualifications and Duties
    • Child Care Center Director Qualifications and Duties
    • Personnel Requirements
    • Teacher Qualifications and Duties
    • Teacher Aide Qualifications and Duties
    • Teacher-Child Ratio -All Ages
    • Preschool Program with Toddler Component
    • Staffing -- Parent-Cooperative Centers
    • Staffing for Water Activities
    • Personnel Records
    • Admission Policies
    • Admission Procedures and Parental and Authorized Representative’s Rights
    • Admission Agreements
    • Child's Medical Assessments
    • Immunizations
    • Child's Records
    • Personal Rights
    • Postural Supports/Protective Devices
    • Discipline
    • Telephones
    • Transportation
    • Health-Related Services
    • Daily Inspection for Illness
    • Isolation for Illness
    • Observation of the Child
    • Food Service
    • Personal Services (Reserved)
    • Responsibility for Providing Care and Supervision
    • Sign In and Sign Out
    • Activities/Napping
    • Smoking Prohibition
  • Physical Environment
    • Alterations to Existing Buildings or New Facilities
    • Buildings and Grounds
    • Outdoor Activity Space
    • Indoor Activity Space
    • Storage Space
    • Wading Pools
    • Fixtures, Furniture, Equipment and Supplies
    • Napping Equipment
    • Drinking Water
  • General Requirements and Definitions - Infant Care
    • General - Infant
    • Definitions - Infant
    • Limitations on Capacity and Ambulatory Status - Infant
  • Continuing Requirements - Infant Care
    • Infant Care Center Director Qualifications and Duties
    • Assistant Infant Care Center Director Qualifications and Duties
    • Infant Care Teacher Qualifications and Duties
    • Infant Care Aide Qualifications and Duties
    • Teacher-Child Ratio - Infant
    • Staffing for Infant Water Activities
    • Toddler Component in an Infant Care Center
    • Infant Needs and Services Plan
    • Modifications to Infant Needs and Services Plan
    • Infant Care Discipline
    • Infant Care Transportation
    • Infant Care Isolation for Illness
    • Infant Care Food Service
    • Infant Care Personal Services
    • Responsibility for Providing Care and Supervision for Infants
    • Infant Care Activities
  • Physical Environment - Infant Care
    • Infant Care General Sanitation
    • Outdoor Activity Space for Infants
    • Indoor Activity Space for Infants
    • Infant Care Center Fixtures, Furniture, Equipment, and Supplies
    • Infant Care Center Sleeping Equipment
  • General Requirements and Definitions - School-Age
    • General - School-Age
    • Definitions - School-Age
  • Application Procedures - School-Age
    • School-Age Child Care Center Fire Clearance
    • Issuance of a School-Age Child Care Center License
  • Continuing Requirements - School-Age
    • School-Age Child Care Center Director Qualifications and Duties
    • School-Age Child Care Center Teacher Qualifications and Duties.
    • Teacher-Child Ratio - School-Age
    • Medical Assessments - School-Age
    • Immunizations - School-Age
    • Child's Records - School-Age
    • Daily Inspection For Illness - School-Age
    • Food Service - School-Age
    • Sign In and Sign Out - School-Age
    • Outdoor Activity Space for School-Age Children
    • Indoor Activity Space for School-Age Children
    • Fixtures, Furniture, Equipment And Supplies - School-Age
  • General Requirements and Definitions - Mildly Ill
    • General - Mildly Ill
    • Definitions - Mildly Ill
  • Licensing - Mildly Ill
    • Limitations on Capacity and Ambulatory Status - Mildly Ill
  • Application Procedures - Mildly Ill
    • Issuance of a License - Mildly Ill
  • Continuing Requirements - Mildly Ill
    • Director Qualifications and Duties - Mildly Ill
    • Teacher Qualifications and Duties - Mildly Ill
    • Personnel Requirements - Mildly Ill
    • Teacher-Child Ratios - All Ages and Mildly Ill
    • Staffing for Water Activities - Mildly Ill
    • Admission Policies - Mildly Ill
    • Medical Assessments - Mildly Ill
    • Child's Records - Mildly Ill
    • Health-Related Services - Mildly Ill
    • Daily Inspection for Illness
    • Isolation for Illness
    • Observation of the Child - Mildly Ill
    • Food Service - Mildly Ill
    • Personal Services - Mildly Ill
    • Sign in and Sign out for Mildly Ill
    • Activities - Mildly Ill
  • Physical Environment - Mildly Ill
    • General Sanitation - Mildly Ill
    • Outdoor Activity Space - Mildly Ill
    • Indoor Activity Space - Mildly Ill
    • Fixtures, Furniture, Equipment and Supplies for Mildly Ill
    • Napping Equipment - Mildly Ill
    • Drinking Water - Mildly Ill
  • Other Resources
    • The Basics: Qualifications and Ratios
    • Child Care Licensing Contacts
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  1. Continuing Requirements

Teacher-Child Ratio -All Ages

101216.3

(a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below.

(1) The number of children in attendance shall not exceed licensed capacity.

(2) Whenever children are engaged in activities away from the center, no teacher shall be in charge of a group of more than 12 children.

(A) Activities outside the perimeter of the licensed child care center pose additional hazards to children. An effort should be made to gain an adult-child ratio of at least 1:6 through the use of adult volunteers.

(b) The licensee may use teacher aides in a teacher-child ratio of one teacher and one aide for every 15 children in attendance.

(1) A ratio of one fully qualified teacher (as specified in Section 101216.1(c)) and one aide for every 18 children in attendance in a preschool program is allowed when the aide meets the qualifications specified in Section 101216.2(d).

(A) This ratio does not apply to children enrolled in an infant care center or a school-age child care center.

(c) Child development programs funded by the California Department of Education and operating under Title 5 of the California Code of Regulations are not required to meet the teacher-child ratios specified in (a) and (b) above. Title 5 staffing ratios shall apply in such centers.

(1) Section 18290 of Title 5 of the California Code of Regulations provides:

Contractors shall maintain at least the following minimum ratios in all centers:

(A) Infants (birth to 18 months old) - 1:3 adult-child ratio, 1:18 teacher-child ratio.

(B) Toddlers (18 months to 36 months old) - 1:4 adult-child ratio, 1:16 teacher-child ratio.

(C) Preschool (36 months to enrollment in kindergarten) - 1:8 adult-child ratio, 1:24 teacher-child ratio.

(D) Children enrolled in kindergarten through 14 years old - 1:14 adult-child ratio, 1:28 teacher-child ratio.

(E) Compliance with these ratios shall be determined based on actual attendance.

(2) Section 18291 of Title 5 of the California Code of Regulations provides:

(A) Whenever groups of children of two (2) age categories are commingled and the younger age group exceeds fifty percent (50%) of the total number of children present, the ratios for the entire group must meet the ratios required for the younger age group.

(B) If the younger age group does not exceed fifty percent (50%) of the total number of the children present, the teacher-child and adult-child ratios shall be computed separately for each group.

(3) Section 18292 of Title 5 of the California Code of Regulations provides:

Except as otherwise provided in this Division or Title 22 California Code of Regulations, Community Care Licensing Standards the program may exceed teacher-child and adult-child ratios prescribed by Section 18290 by fifteen percent (15%) for a period of time not to exceed one hundred twenty (120) minutes in any one day.

(d) The licensee may include the child care center director in the teacher-child ratio when the director is actually engaged in teaching a group of children.

(1) The licensee may include the substitute child care center director in the teacher-child ratio when the substitute director is actually engaged in teaching a group of children.

(e) Each licensee shall maintain an up-to-date list of qualified teacher substitutes as defined in Section 101152q.(1). Substitutes on this list shall be called immediately in case of emergency or illness to meet the teacher-child ratios required by this chapter.

(f) During nap periods the teacher-child ratio specified in Section 101230 (c) shall apply.

(g) A teacher shall not be required to perform housekeeping or maintenance duties that prevent him/her from performing duties related to providing care and supervision to children.

(h) Persons employed for clerical, housekeeping, and maintenance functions shall not be included as teachers in the teacher-child ratio.

(1) The licensee may use such persons as emergency substitutes for teachers while a qualified teacher substitute is being secured.

NOTE: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81, 1597.05 and 1597.059, Health and Safety Code.

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