Supporting California's Licensed Child Care Providers- Updated 2/5/2026

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Message to Licensed Family Child Care Providers- February 2, 2026

From Thriving Families California (TFC) Foundation

Licensed family child care providers open their homes every day to care for children, support working families, and strengthen communities. Your home is both a place of care and a private residence—and you deserve clarity, respect, and protection in how that space is treated.

Recently, we have heard from providers across California who are experiencing unannounced or unexpected visits by individuals who are not parents, guardians, or Community Care Licensing staff. These situations can feel confusing or unsettling, especially when it is unclear who has the legal authority to enter your home.

TFC believes that providers should never be put in a position of uncertainty about their rights. Understanding who is legally permitted to enter a licensed family child care home—and under what circumstances—is essential to protecting:

  • the safety and well-being of children in your care,
  • your own privacy and personal security, and
  • your ability to operate confidently and in compliance with the law.

The resources that follow are intended to support you, not burden you. They clearly explain what California law requires, what it does not require, and how oversight and transparency are already maintained within the licensed child care system.

  • You have the right to ask questions. 
  • You have the right to say no when access is not legally authorized.
  • And you have the right to feel safe and informed in your own home.

Thriving Families California is committed to ensuring that providers have the information and tools they need to continue delivering high-quality care—without fear, confusion, or unnecessary disruption.

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LICENSED CHILD CARE PROVIDERS - KNOW YOUR RIGHTS

ZOOM CALL SCHEDULED FOR FEBRUARY 5TH @ 6:00 PM

REGISTRATION REQUIRED

Recording and Resources


Presenters: Ritu Mahajan, Directing Attorney-Community Development, Kourtney Kinchen, Keller Fellow and Sophia Wrench, Staff Attorney; Public Counsel

Family child care providers open their homes to care for children, and that work is both deeply personal and highly regulated. While you are licensed to provide care, your home remains your private residence under California law. Licensing does not turn your home into a public building, and it does not remove your rights to privacy, safety, or due process.

This workshop is designed to help you clearly understand:

  • Who does—and does not—have the right to enter your home
  • What your legal obligations are as a licensed provider
  • How to respond calmly and confidently if someone shows up unannounced
  • How to protect yourself, the children in your care, and your family

We know that recent events—across the country and in our communities—have created fear and uncertainty, particularly for immigrant providers and mixed-status families. Let us be clear:

  • This training is about your rights and protections.
  • It is not about enforcement.
  • It is not about immigration status.

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Licensed Family Child Care Providers: Know Your Rights

Click here to view online 

Family child care providers in California deliver licensed care in private homes and operate within a well-defined legal and regulatory framework. From time to time, individuals who are not parents, licensing staff, or authorized officials may request access to a provider’s home.

This document explains what California law requires, what it does not require, and how oversight and transparency are maintained—so providers can respond confidently, lawfully, and in a way that protects children, families, and their own compliance.

1. Family Child Care Homes Are Private Residences

Under California law, a licensed family child care home is a private residence that has been licensed to provide child care—not a public facility open to the general public.

·   California Health & Safety Code § 1596.78 (Family Child Care Home definition)

Licensing does not convert a provider’s home into a public space. Providers retain the right to control access to their homes, subject only to specific legal requirements.

2. Who Has a Legal Right to Enter

California law clearly identifies who may enter a licensed family child care home as part of oversight and care.

Individuals who do have a legal right to enter

·   Community Care Licensing staff conducting inspections or investigations

·   Health & Safety Code § 1596.852

·   Other authorized government officials (such as fire or health inspectors, law enforcement) acting within their official authority

·   Parents or legal guardians of enrolled children, during normal operating hours and for purposes related to their child’s care

·   Title 22, California Code of Regulations (CCR) § 102419

Individuals who do not have a legal right to enter

California law does not require providers to admit:

·   Members of the public

·   Media, journalists, influencers, or content creators

·   Researchers, advocates, or third-party “investigators”

·   Any unknown individual without legal authorization

There is no statute or regulation granting these individuals a right of entry into a family child care home.

3. How Oversight, Accountability, and Fraud Prevention Work

Transparency and accountability in California’s family child care system are maintained through formal, enforceable oversight mechanisms, including:

·   Announced and unannounced licensing inspections

·   Complaint intake and investigations conducted by CCLD

·   Enforcement actions and corrective action requirements

·   Contract monitoring, attendance verification, and audits for publicly funded child care

Oversight and fraud prevention occur through these established regulatory processes—not through unscheduled public or media access to private homes.

·   Community Care Licensing Division (CCLD) – Family Child Care Homes: https://www.cdss.ca.gov/inforesources/child-care-licensing

·   CCLD Complaint Hotline and Online Complaint Portal: https://www.cdss.ca.gov/inforesources/ccld-complaint-hotline

4. Declining Unscheduled or Unauthorized Access

Declining entry to an unknown or unauthorized individual:

·   Is consistent with California law

·   Does not limit transparency or accountability

·   Does not indicate secrecy, fraud, or noncompliance

·   Helps protect children from unknown strangers

·   Preserves due process for providers and families

Public or media access to private homes is not a recognized oversight tool under California law.

5. Recording, Filming, and Privacy

Even when access is otherwise permitted:

·   Recording or photographing inside a family child care home requires provider consent

·   Children may not be recorded or identified without parent or guardian authorization

·   Unauthorized recording may violate California privacy and consent laws

Relevant authorities include:

·   California Constitution, Article I, § 1 (Right to Privacy)

·   California Penal Code § 632 (Confidential communications)

California Department of Social Services (CDSS)

·   Best Practices for Maintaining a Safe and Secure Child Care Environment

Questions or Concerns?

If you have questions, experience pressure to allow unauthorized access, or want support understanding your rights, there are several resources available:

·   Child Care Providers United (CCPU) (888) 583-CCPU (2278) or mailto:[email protected]

·   Child Care Providers United (CCPU) Know your rights resource page

·   Your County Community Care Licensing: https://www.cdss.ca.gov/inforesources/community-care-licensing

Protecting privacy is a legal obligation, not a discretionary choice.