California writes home capacity as age mixes rather than one ratio. A small family child care home chooses between 4 infants only; 6 children with at most 3 infants; or 8 children with at most 2 infants plus two school-age children under the HSC 1597.44 conditions. A large home runs 12 with up to 4 infants, or 14 with at most 3 infants and 2 school-age children, and needs an assistant above 8 children present.
Every tier, every cap
Small Family Child Care Home
No more than 8 children in care at once 22 CCR § 102416.5(c)
Option 1: up to 4 children, max 4 infant 22 CCR § 102416.5(b)
Option 2: up to 6 children, max 3 infant 22 CCR § 102416.5(b)
Option 3: up to 8 children, max 2 infant, at least 2 schoolage 22 CCR § 102416.5(b)
Your own children: count toward these caps (under 10 years).
Large Family Child Care Home
No more than 14 children in care at once 22 CCR § 102416.5(f)
Option 1: up to 4 children, max 4 infant 22 CCR § 102416.5(e)
Option 2: up to 6 children, max 3 infant 22 CCR § 102416.5(e)
Option 3: up to 8 children, max 2 infant, at least 2 schoolage 22 CCR § 102416.5(e)
With an assistant: an additional adult is required above 8 children. No more than 14 children in care at once
Your own children: count toward these caps (under 10 years).
How California defines the age bands
Infant: 0 to 24 months
School age child: 72 to 216 months
Child: 0 to 216 months
Mixed ages in one room
Infant means under 24 months here, and every mix includes the licensee's own children under 10. The capacity ceilings are absolute: 8 for a small home and 14 for a large home, whatever the mix.
Real questions, short answers
What is the infant ratio for a California home daycare?
Homes are capped by mix, not a ratio line: at most 4 infants alone, 3 infants inside a group of 6, or 2 infants inside a group of 8 for small homes, per 22 CCR 102416.5(b).
When does a large family child care home need a second adult?
Whenever more than 8 children are in care, per 22 CCR 102416.5(e), and always for the 13th and 14th child under the statutory conditions.
Do the licensee's own kids count in the mixes?
Yes. Children under age 10 who live in the home count in every capacity mix on both tiers.
Cal. Health & Safety Code, Child Day Care Facilities Act, exemptions as amended effective July 10, 2023 HSC 1596.792
Cal. Health & Safety Code, Family Day Care Homes HSC 1597.44, 1597.465
CDSS Manual of Policies and Procedures, Title 22, Division 12, Chapter 3 22 CCR 102352, 102416.5
DaycareRules is an informational reference about home child care licensing rules in the United States. It reprints thresholds, capacity limits, ratios and citations from state statutes and regulations, together with the date each state was last verified. Nothing on this site is legal advice, and rules change. Confirm with your state licensing agency before acting on any number printed here.