• Issues We Address
  • Child Care Subsidies
  • Children with Disabilities
  • Facilities and Supply of Child Care
  • Licensing and Regulation of Child Care
  • California Policy and Budget
  • Family Child Care
  • Preschool

Licensing and Regulation of Child Care

Early childhood experiences significantly affect a child’s lifelong ability to learn. Numerous studies confirm that the quality of child care directly impacts the development of children and whether or not they will be prepared to face the challenges of an academic environment. Quality early childhood education can help break the cycle of poverty by enabling vulnerable children who are in out-of-home care to have access to safe, nurturing environments. In every state, low-income families and communities struggle to find ways to care for children in nurturing, developmentally appropriate environments that will ensure they are ready for school.

State regulation protects the health and safety of children in child care. In order to obtain and maintain a license, in California, for example, providers must meet standards regarding staff qualifications and ratios and criminal clearances, as well as follow certain health procedures, maintain confidentiality of children’s records, and provide safe sleeping and fire safety areas.

California’s licensing program performs the essential function of protecting the basic health and safety of children in care.  Yet, budget cuts and ineffective compliance procedures have resulted in a program that provides inadequate oversight and monitoring of child care facilities.  Five years or more may elapse between site visits from the licensing program – hardly frequent enough to ensure minimum safety in an industry with high staff turnover.  Even worse, documented violations may continue to exist for months, due to insufficient enforcement and follow up from the program.  This gradual decline in the effectiveness of the licensing program has finally been noticed by policymakers.  New funding, a state audit of compliance procedures and an informed Legislature provide some needed oversight and mark the beginning of restoring an effective licensing program.

Examples of Current Work

Our Licensing and Regulation Project monitors, analyzes and advocates on issues related to licensing, regulation and system administration.  Our work includes:

• Monitor proposed changes to the licensing system stemming from a recent report from the California State Auditor to ensure that the regulatory changes provide effective safety to children, are fair to providers with limited resources and contain adequate legal protections regarding due process.
• Analyze proposed regulations and administrative policies with an emphasis on the potential impact on vulnerable children.
• Monitor efforts to create quality rating systems to ensure that new oversight functions build on the foundation of basic health and safety licensing. 
• Advocate, when necessary, on behalf of low-income children and families to ensure they receive adequate information and protection.
• Develop materials for providers, parents, legal services organizations and other advocates on changes to licensing and regulatory requirements.
• Analyze the interaction of licensing requirements with preschool and afterschool programs.

Publications

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• © Copyright 2006, Child Care Law Center, Inc.