California Childcare Licensing
California Childcare License Exemption Threshold (2026)
Before you can legally care for children for pay in California, you must know the license-exemption threshold — the point at which a child care license, registration, or certificate becomes mandatory. A license is not required for a family childcare home providing care for the children of only one family in addition to the operator's own children, and a parent cooperative is exempt only if parents rotate as the responsible caregiver, each caregiver is a relative (parent, guardian, stepparent, grandparent, aunt, uncle, or adult sibling) of at least one child, no money or in-kind income is exchanged for care, and no more than 12 children are receiving care in the same place at the same time (Cal. Health & Safety Code § 1596.792).
Last updated: April 2026
Researched by the TotReady Research TeamCalifornia License Exemption Threshold: The Specifics
A license is not required for a family childcare home providing care for the children of only one family in addition to the operator's own children, and a parent cooperative is exempt only if parents rotate as the responsible caregiver, each caregiver is a relative (parent, guardian, stepparent, grandparent, aunt, uncle, or adult sibling) of at least one child, no money or in-kind income is exchanged for care, and no more than 12 children are receiving care in the same place at the same time (Cal. Health & Safety Code § 1596.792).
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A small family child care home may care for up to 6 children (no more than 3 of whom may be infants), expandable to 8 children only if no more than 2 are infants and at least one child is enrolled in/attending kindergarten or elementary school plus a second child is at least 6 years old (Cal. Health & Safety Code § 1597.44)
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a large family child care home may care for up to 12 children (no more than 4 infants) with an assistant provider present, and up to 14 children (no more than 3 infants when over 12) when the school-age conditions are met (Cal. Health & Safety Code §§ 1597.465, 1597.44).
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California License Exemption Threshold: Frequently Asked Questions
How many children can I care for in California without a license?
A license is not required for a family childcare home providing care for the children of only one family in addition to the operator's own children, and a parent cooperative is exempt only if parents rotate as the responsible caregiver, each caregiver is a relative (parent, guardian, stepparent, grandparent, aunt, uncle, or adult sibling) of at least one child, no money or in-kind income is exchanged for care, and no more than 12 children are receiving care in the same place at the same time (Cal. Health & Safety Code § 1596.792).
What is the penalty for operating unlicensed in California?
Operating above the California exemption threshold without the required license, registration, or certificate is generally unlawful and can carry fines and cease-and-desist orders. Contact the California Department of Social Services, Community Care Licensing Division about the correct credential before you begin.
Does California offer a voluntary registration for small providers?
Some states let providers below the exemption threshold register voluntarily. Confirm whether California offers a voluntary registry with the California Department of Social Services, Community Care Licensing Division.
California childcare licensing rules are amended regularly. This page is compiled from published California administrative codes and statutes for informational purposes only — always verify current requirements with the California Department of Social Services, Community Care Licensing Division before relying on them. TotReady provides information and document templates, not legal or regulatory advice.