A small family child care home in California may care for 4 infants, or 6 children with no more than 3 infants, or up to 8 children if extra conditions are met (including school-age children and no more than 2 infants). A large home with an assistant may care for 12 children with no more than 4 infants, or up to 14 if conditions are met (no more than 3 infants). The provider's own children under 10 count. Current regulations define an infant as a child under 2.
The limits
| License | Adults present | Maximum at one time |
|---|---|---|
| Small family child care home | Licensee | 4 infants; or 6 children, no more than 3 infants; or up to 8 if the criteria in H&S Code 1597.44 are met |
| Large family child care home | Licensee plus an assistant | 12 children, no more than 4 infants; or up to 14 if the criteria in H&S Code 1597.465 are met |
| Large home without an assistant present | Licensee only | The small home limits apply |
The capacity on the license is the maximum for any one time, not per day. Children under 10 who live in the home, and in a large home the assistant's own children under 10, count toward it.
When a home can go to 8 or 14
The higher limits depend on older children being part of the group. For a large home to care for 13 or 14 children, at least one child must be enrolled in and attending kindergarten or elementary school, a second child must be at least six, no more than three infants may be in care at the time, parents must be notified, and a rented home needs the property owner's written consent. The small-home rule for 7 or 8 children works the same way with its own infant limit.
Who counts as an infant
Current California regulations define an infant as a child under two years old. That definition drives the infant limits above.
This may change. Senate Bill 1200 (Menjivar, 2026) would define an infant in a family child care home as a child under 18 months. It passed the California Senate 33–0 and was referred to the Assembly Human Services Committee in June 2026. Check its current status before relying on either definition.
Why this matters for drop-in care
An open seat is not always a usable seat. Whether a home can take one more child today depends on the ages of the children already in care, and on whether the older children who unlock the higher limits are present. That's why EnrollPass lets each provider decide which ages and how many drop-in seats to offer each day, rather than treating every empty space as bookable.
Common questions
Do my own children count toward capacity?
Yes, children under 10 who live in the home count. In a large home, the assistant provider's children under 10 count too.
What happens if my assistant leaves early?
When no assistant is present in a large home, the small home limits apply for that time.
Is an 18-month-old an infant?
Under current regulations, yes, because an infant is a child under two. SB 1200 would change that to under 18 months in family child care homes if it becomes law.
Sources
- Cal. Code Regs. tit. 22, § 102416.5, Staffing ratio and capacity
- Child Care Law Center, Know the law for cities and counties (capacity summary)
- CDSS training video transcript: how many children can attend a family child care home
- SB 1200 (2025–2026), California Legislative Information
- Assembly Human Services Committee analysis of SB 1200, June 30, 2026