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Overview

When you entrust your child to a California daycare, preschool, or childcare facility, you expect them to be safe. California has extensive regulations governing childcare facilities through the Community Care Licensing Division (CCLD) and Title 22 of the California Code of Regulations. When facilities violate these standards and your child is injured, you have strong legal remedies.

Key Legal Hook: Under California negligence per se doctrine, violation of CCLD licensing requirements and Title 22 CCR standards can establish breach of duty as a matter of law. If a daycare violates staff-to-child ratios, fails to maintain safe premises, or neglects mandatory incident reporting, these violations support your injury claim.

Common childcare injuries in California include:

  • Playground injuries: Falls from equipment, impact injuries, entrapment
  • Bite injuries: Child-on-child biting due to inadequate supervision
  • Choking/suffocation: Age-inappropriate items, improper nap supervision
  • Burns: Hot food, liquids, or surfaces
  • Head injuries: Falls, being struck by objects, unsafe conditions
  • Abuse-related injuries: Physical abuse by staff or other children
  • Wandering/elopement: Children leaving facility unsupervised
Time-Sensitive: California has a 2-year statute of limitations for personal injury claims (CCP 335.1). For government-operated facilities, you must file a Government Tort Claim within 6 months. Document everything immediately and consult an attorney. Contact me at owner@terms.law for California childcare injury cases.
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California Legal Framework

California childcare injury claims draw on multiple legal theories and regulatory frameworks:

CCLD Licensing Violations as Negligence Per Se ▼

California Community Care Licensing Division (CCLD) licenses and regulates childcare facilities. Violations of CCLD licensing requirements can establish negligence per se if:

  • The violated regulation was designed to protect children from the type of harm that occurred
  • Your child belongs to the class of persons the regulation protects
  • The violation was a proximate cause of your child's injury

How to use: Obtain CCLD inspection reports and citations. If the facility was cited for the same type of violation that caused your child's injury, this is powerful evidence of negligence.

Title 22 California Code of Regulations ▼

Title 22 CCR Division 12 contains detailed childcare standards:

  • Section 101216.3: Staff-to-child ratios (1:4 infants, 1:6 toddlers, 1:12 preschool)
  • Section 101229: Supervision requirements - children must be supervised at all times
  • Section 101238: Outdoor activity space must be safe and free from hazards
  • Section 101217: Personnel requirements and background checks
  • Section 101221: Incident reporting requirements

Cite specific sections violated in your demand letter to strengthen your negligence per se argument.

Staff-to-Child Ratio Requirements ▼

California mandates strict staff-to-child ratios under Title 22 CCR Section 101216.3:

  • Infants (birth-18 months): 1 adult per 4 children
  • Toddlers (18-30 months): 1 adult per 6 children
  • Preschool (2.5-5 years): 1 adult per 12 children
  • School-age (6+): 1 adult per 14 children

Evidence tip: Request staffing schedules and daily attendance logs to prove ratio violations at the time of injury.

Mandatory Incident Reporting ▼

Under Title 22 CCR Section 101221 and Health & Safety Code 1596.8662, childcare facilities must:

  • Report serious injuries requiring medical attention to CCLD within 24 hours
  • Maintain written incident reports for all injuries
  • Notify parents immediately of any injury
  • Document circumstances, witnesses, and actions taken

Failure to report injuries can support claims of cover-up and demonstrates consciousness of guilt. Request all incident reports through discovery.

Premises Liability for Unsafe Conditions ▼

California childcare facilities must maintain safe premises under both general negligence law (Civil Code 1714) and Title 22 regulations:

  • Playground equipment: Must be age-appropriate, properly maintained, and meet CPSC/ASTM standards
  • Fall surfaces: Adequate cushioning under climbing equipment
  • Indoor hazards: Sharp corners, unstable furniture, choking hazards must be eliminated
  • Outdoor areas: Fencing, gates, toxic plants, standing water

Document hazardous conditions with photographs immediately after the injury.

Employee Screening Requirements ▼

Under Title 22 CCR Section 101217 and Health & Safety Code 1596.871, facilities must:

  • Conduct criminal background checks (DOJ and FBI) on all employees
  • Check California Child Abuse Central Index (CACI)
  • Verify education and training requirements
  • Ensure current first aid and CPR certification

If an employee with a disqualifying criminal history or prior abuse allegations injures your child, the facility may be liable for negligent hiring.

2-Year Statute of Limitations: Under California Code of Civil Procedure Section 335.1, you must file a personal injury lawsuit within 2 years of the injury. For minors, the statute may be tolled until the child turns 18. However, evidence degrades quickly - act promptly.
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Common Childcare Injury Disputes

California childcare injury claims typically fall into these categories:

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Inadequate Supervision Leading to Injury
Children must be supervised at all times under Title 22 CCR 101229. When staff fails to watch children and injuries occur - bite injuries, fights, falls - the facility breached its duty of care. Common scenarios include playground accidents, naptime incidents, and child-on-child aggression.
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Staff-to-Child Ratio Violations
California mandates strict ratios: 1:4 for infants, 1:6 for toddlers, 1:12 for preschool. When facilities operate understaffed and children are injured, the ratio violation itself proves negligence per se. Request staffing logs and attendance records to document violations.
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Unsafe Premises/Playground Equipment
Defective playground equipment, inadequate fall surfaces, broken gates, toxic plants, and indoor hazards cause serious injuries. Facilities must meet CPSC safety guidelines and Title 22 requirements for safe activity areas. Document hazards with photos immediately after injury.
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Failure to Properly Screen Employees
California requires DOJ/FBI background checks and Child Abuse Central Index screening for all childcare workers. If an employee with a disqualifying history abuses or injures your child, the facility may be liable for negligent hiring, retention, or supervision.
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Evidence Checklist

Gather this evidence to support your California childcare injury claim:

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Incident Reports

Request copies of all incident reports from the facility. California requires written documentation of all injuries. Compare facility version to your child's account.

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Medical Records

All emergency room records, doctor visits, imaging, treatment notes, and referrals. Document chain of treatment from injury through recovery.

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Photographs of Injuries

Take photos of injuries immediately and throughout healing process. Include date/time stamps. Document bruises, cuts, swelling, and any scarring.

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Photographs of Hazardous Conditions

Document the location and condition that caused injury. Photograph defective equipment, unsafe surfaces, broken fencing, or any hazards.

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CCLD Inspection Reports

Request the facility's licensing history from CCLD. Prior citations for similar violations strengthen your claim. Available at cdss.ca.gov.

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Staffing and Attendance Records

Request staff schedules and daily attendance logs for the day of injury. Calculate actual staff-to-child ratios to prove violations.

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Enrollment Contract

Review the enrollment agreement for liability waivers, arbitration clauses, and facility policies. Note any promises about supervision or safety.

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Witness Information

Names and contact information for other parents, staff members, or witnesses who observed the incident or conditions.

Preservation Notice: Send a written evidence preservation demand to the facility immediately. Childcare facilities may delete surveillance footage, alter records, or lose documents. A preservation letter creates legal obligation to maintain evidence.
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Damages in California Childcare Injury Cases

California allows recovery of both economic and non-economic damages in childcare injury cases:

Damage Category Description Documentation Needed
Medical Expenses (Past) Emergency room, doctor visits, hospital stays, surgery, medication, physical therapy, mental health treatment already incurred Medical bills, EOBs, payment receipts, insurance statements
Medical Expenses (Future) Anticipated future treatment, surgery, therapy, follow-up care, potential complications Doctor's prognosis, treatment plan, expert medical opinion
Pain and Suffering Physical pain experienced by the child from injury and treatment; ongoing discomfort during recovery Medical records documenting pain, child's testimony, parent observations
Emotional Distress Psychological trauma, anxiety, fear, nightmares, PTSD, behavioral changes, fear of childcare Mental health records, therapist notes, parent documentation of behavioral changes
Lost Wages (Parent) Income lost by parents while caring for injured child, attending medical appointments, staying home during recovery Pay stubs, employer letter, tax returns, time off documentation
CCLD Complaint Outcomes Substantiated CCLD complaints, citations, civil penalties imposed on facility strengthen liability case CCLD investigation report, citation notices, facility license status
No Damage Cap: Unlike medical malpractice cases, California does not cap non-economic damages in childcare negligence cases. Serious injuries with permanent effects can result in substantial verdicts for pain and suffering.
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Sample Demand Letter

California Childcare Injury Demand Letter
[Your Name] [Your Address] [City, State ZIP] [Phone Number] [Email] [Date] VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED [Childcare Facility Name] [Director/Owner Name] [Address] [City, State ZIP] Re: Demand for Damages - Injury to [Child's Name] Date of Incident: [Date] Child: [Name], DOB [Date] Injuries: [Brief description - e.g., "Fractured arm from playground fall"] Dear [Director/Owner Name]: NOTICE OF CHILDCARE INJURY CLAIM I am writing regarding the serious injury suffered by my [son/daughter], [Child's Name], on [date] while in the care of [Facility Name]. This letter constitutes formal demand for compensation for injuries caused by your facility's negligence and violations of California childcare licensing regulations. FACTUAL BACKGROUND On [date], I dropped off my [age]-year-old [son/daughter] at [Facility Name] at approximately [time]. At approximately [time of injury], [describe what happened - e.g., "my child fell from the outdoor climbing structure and sustained a fractured right arm"]. When I arrived to pick up my child at [time], I was informed that [describe what facility told you]. [Child's Name] was [describe condition - crying, holding arm, visibly injured, etc.]. I immediately took [Child's Name] to [Hospital/Emergency Room], where [he/she] was diagnosed with [specific diagnosis from medical records]. Treatment included [describe treatment - casting, surgery, stitches, etc.]. [Child's Name] required [describe ongoing treatment - physical therapy, follow-up appointments, etc.]. LICENSING VIOLATIONS AND NEGLIGENCE Your facility's negligence includes violations of Title 22 California Code of Regulations and CCLD licensing requirements: 1. INADEQUATE SUPERVISION (Title 22 CCR 101229) [Describe how supervision was inadequate - e.g., "Children were playing on outdoor equipment without direct adult supervision. The child who witnessed the fall stated that no adult was present in the play area at the time."] 2. STAFF-TO-CHILD RATIO VIOLATION (Title 22 CCR 101216.3) [If applicable - e.g., "Based on sign-in records and staffing schedules, your facility was operating with only 2 staff members supervising 28 preschool-age children, a 1:14 ratio that violates the required 1:12 ratio for this age group."] 3. UNSAFE PREMISES/EQUIPMENT (Title 22 CCR 101238) [If applicable - e.g., "The climbing structure from which my child fell had exposed bolts and was missing a safety rail. The fall surface beneath the equipment consisted of compacted dirt rather than the impact-absorbing material required by CPSC guidelines."] 4. FAILURE TO REPORT INCIDENT (Title 22 CCR 101221) [If applicable - e.g., "Your facility failed to notify me immediately of this serious injury, waiting approximately 2 hours before calling. Additionally, I have not received a copy of any incident report as required by California law."] 5. EMPLOYEE SCREENING FAILURES (Title 22 CCR 101217) [If applicable - e.g., "I have reason to believe the staff member supervising the playground area lacked proper training and/or background clearance."] PRIOR CCLD CITATIONS [If applicable - e.g., "CCLD inspection records show that your facility was previously cited on [date] for [describe prior violation], demonstrating a pattern of non-compliance with safety regulations."] Under California negligence per se doctrine, your violations of these safety regulations designed to protect children establish your breach of the duty of care owed to my child. DAMAGES As a direct result of your facility's negligence, [Child's Name] and our family have suffered the following damages: ECONOMIC DAMAGES: - Emergency room visit: $[amount] - Orthopedic consultation: $[amount] - Casting/treatment: $[amount] - Follow-up appointments: $[amount] - Physical therapy (estimated): $[amount] - Lost wages (parent caregiving): $[amount] - Other medical expenses: $[amount] Total Economic Damages: $[amount] NON-ECONOMIC DAMAGES: - Physical pain and suffering: $[amount] - Emotional distress and trauma: $[amount] - Scarring/disfigurement [if applicable]: $[amount] Total Non-Economic Damages: $[amount] TOTAL DAMAGES: $[total amount] DEMAND Based on the foregoing, I hereby demand payment of $[demand amount] within thirty (30) days of the date of this letter in full settlement of all claims arising from this incident. If this matter is not resolved within 30 days, I will take the following actions: 1. File a civil lawsuit in California Superior Court seeking all damages plus attorney's fees and costs 2. File a formal complaint with CCLD regarding licensing violations 3. Report this incident to local law enforcement if warranted 4. Pursue all other available legal remedies Please direct all communications regarding this matter to me at the address above. Your insurer should contact me immediately. STATUTE OF LIMITATIONS NOTICE Please be advised that California Code of Civil Procedure Section 335.1 provides a two-year statute of limitations for personal injury claims. I reserve all rights to pursue litigation if this matter cannot be resolved. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Medical records and bills - Photographs of injuries - Photograph of unsafe condition - CCLD inspection reports - Incident report (if received) cc: [Facility's Insurance Company, if known] California Community Care Licensing Division

🖩 Childcare Injury Claims Damages Calculator

Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.

Actual money lost or spent
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📈 Estimated Damages Breakdown

Direct Damages $0
Consequential Damages $0
Emotional Distress (Est.) $0
Statutory Penalties (Est.) $0
TOTAL ESTIMATED DAMAGES $0
Disclaimer: This calculator provides rough estimates for educational purposes only and does not constitute legal advice. Actual damages vary significantly based on specific facts, evidence strength, and many other factors. Consult with a qualified California attorney for an accurate case evaluation.
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Frequently Asked Questions

California has a 2-year statute of limitations for personal injury claims, including childcare injuries under Code of Civil Procedure Section 335.1. However, for minors, the statute may be tolled (paused) until the child turns 18, giving them until age 20 to file.

Important exception: For government-operated childcare facilities (public schools, city-run programs), you must file a Government Tort Claim within 6 months of the injury under the California Government Claims Act. Missing this deadline can bar your claim entirely.

Always consult an attorney promptly as evidence degrades quickly - surveillance footage gets deleted, witnesses forget details, and facilities may alter records.

Under California law, violation of a safety statute or regulation can establish negligence per se if the regulation was designed to protect the class of persons injured (children) from the type of harm that occurred.

Title 22 California Code of Regulations sets specific childcare standards including staff-to-child ratios, supervision requirements, and safety protocols. If a daycare violates these regulations and your child is injured, the violation itself proves the breach of duty element of negligence.

How to use this:

  • Obtain CCLD inspection reports showing prior citations
  • Request staffing records to document ratio violations
  • Cite specific Title 22 sections violated in your demand letter
  • CCLD citations and deficiency reports are admissible evidence

Under Title 22 CCR Section 101216.3, California requires:

  • Infants (birth to 18 months): 1:4 ratio (1 adult per 4 children)
  • Toddlers (18 to 30 months): 1:6 ratio
  • Preschool (2.5 to 5 years): 1:12 ratio
  • School-age (6+): 1:14 ratio

Family childcare homes have different requirements based on ages present and license type (small vs. large family childcare home).

Evidence tip: Request staffing records and daily attendance logs to prove ratio violations at the time of your child's injury. Understaffing is one of the most common causes of childcare injuries.

Yes. California childcare facilities have a duty to maintain safe premises, including playground equipment. Under Title 22 CCR Section 101238, outdoor activity space must be safe and free from hazards.

Premises liability elements:

  • The facility owned, leased, or controlled the property
  • There was a dangerous condition (defective equipment, inadequate fall surface)
  • The facility knew or should have known about the hazard
  • The hazard caused your child's injury

CCLD requires regular safety inspections of equipment. If your child was injured due to defective, poorly maintained, or age-inappropriate equipment, the daycare may be liable. Document the hazard with photos, obtain incident reports, and check CCLD inspection history for prior citations.

Recoverable damages include:

  • Medical expenses (past and future): Emergency care, surgery, therapy, ongoing treatment
  • Pain and suffering: Physical pain and discomfort the child experienced
  • Emotional distress: Trauma, anxiety, fear, PTSD, behavioral changes
  • Lost wages (parent): Income lost while caring for injured child
  • Future care costs: Ongoing medical needs, therapy, special education
  • Scarring and disfigurement: Permanent physical effects

Important: California does not cap non-economic damages in childcare negligence cases (unlike medical malpractice). Serious injuries with permanent effects can result in substantial verdicts.

File a complaint with California Community Care Licensing Division (CCLD):

  • Online: cdss.ca.gov/inforesources/community-care-licensing
  • Phone: 1-844-538-8766 (CCLD complaint hotline)
  • In person: Contact your local CCLD regional office

What happens: CCLD investigates complaints and can issue citations, civil penalties, place the facility on probation, or revoke the license.

Why this matters for your case: A substantiated CCLD complaint strengthens your civil case by providing official documentation of violations. Request copies of the investigation report and any citations issued.

CCLD complaints are confidential - the daycare will not be told who filed the complaint.

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Next Steps

1. Seek Medical Attention Immediately ▼
  • Take your child to the emergency room or pediatrician immediately
  • Request all medical records and copies of imaging
  • Follow all treatment recommendations and keep all follow-up appointments
  • Document ongoing symptoms and treatment needs
2. Document Everything ▼
  • Photograph injuries immediately and throughout healing
  • Photograph the location where injury occurred
  • Request incident report from the facility in writing
  • Write down exactly what happened while memory is fresh
  • Get names and contact info for any witnesses
  • Save all communications with the facility
3. File CCLD Complaint ▼
  • File complaint with CCLD at 1-844-538-8766 or online
  • Request copies of facility's licensing history and prior citations
  • Obtain CCLD investigation report once completed
  • Substantiated complaints strengthen your civil case
4. Send Evidence Preservation Letter ▼
  • Send written demand to preserve all evidence
  • Include surveillance footage, staffing records, incident reports
  • Send via certified mail with return receipt
  • Spoliation of evidence after preservation demand can result in sanctions
5. Consult an Attorney ▼
  • Personal injury attorneys typically work on contingency (no fee unless you win)
  • Attorney can subpoena records, depose witnesses, hire experts
  • Evaluate whether arbitration clause in enrollment contract is enforceable
  • Calculate full damages including future medical needs
  • Determine if government tort claim is required
6. Send Demand Letter ▼
  • Use the sample letter above as a template
  • Include specific licensing violations and Title 22 citations
  • Attach all supporting documentation
  • Set clear deadline for response (typically 30 days)
  • Send via certified mail with return receipt
Need Help? I personally handle California childcare injury cases. Demand letters are $575 flat fee. Contact me at owner@terms.law or schedule at calendly.com/sergei-tokmakov

Child Injured at Daycare? Get Help Now.

I personally handle California childcare injury cases. Your child deserves justice for injuries caused by negligent daycares.

Schedule Consultation Email: owner@terms.law