CDSS Issues FAQS And Guidance On Waivers, Cohorts, Group Size, And Ratios For Childcare Facilities And Providers

On August 25, 2020, the California Department of Social Services (“CDSS”) issued a new Provider Information Notice (“PIN”), titled “Guidance and Frequently Asked Questions (FAQS) Regarding Waivers Available for Licensed Child Care Facilities and License-Exempt Providers Due to Coronavirus Disease 2019 (COVID-19); Guidance on Cohorts, Group Size, and Ratios in Licensed & License-Exempt Child Care Settings” (PIN 20-22-CCP) (“August 25 CDSS Guidance”).  The August 25 CDSS Guidance contains questions and answers about waivers for specific types of license-exempt child care programs and licensed childcare providers, and cohorts, group size, and ratios, as well as a helpful glossary of terms commonly used in guidance intended for childcare facilities and providers.  It “applies to groups of children and youth in controlled, supervised, and indoor environments operated by local educational agencies, non-profits, or other authorized providers, including, but not limited to, public and private schools; licensed and license-exempt child care settings; organized and supervised care environment, i.e., ‘distance learning hubs’; recreation programs; before and after school programs; youth groups, and day camps.”

According to the August 25 CDSS Guidance, as of August 25, 2020, all licensed and license-exempt childcare providers must follow the cohort-related guidance issued by the California Department of Public Health (“CDPH”), which includes the Guidance for Small Cohorts/Groups of Children and Youth and the COVID-19 Case and Contact Management Within Child Care Facilities (“August 25 CDPH Cohort Guidance”).  All licensed and license-exempt childcare providers must also follow the July 17, 2020 Industry Guidance for Child Care Program and Providers as well as any local guidance, restrictions, directives, or orders in place in their city and county.  The August 25 CDSS Guidance and the August 25 CDPH Cohort Guidance prevail over any conflicting guidance in CDSS PIN 20-04-CCP, which was issued on March 16, 2020, and addresses statewide waivers for licensing requirements due to COVID-19, and CDSS PIN-20-15-CCP, which was issued on July 15, 2020, and provides updated COVID-19 guidance for childcare settings.

Conditions to Obtain a Waiver

To obtain a waiver to provide childcare beyond the current conditions that qualify for the childcare license or exemption, providers must meet the following conditions:

• Ability to follow Industry Guidance for child care providers
• Comply with local health department directives
• Completed CDSS background check, including a criminal record clearance or exemption
• First Aid/CPR training
• Physical distancing and face coverings
• Consumer protection and emergency disaster plan
• Comply with reporting requirements
• Comply with oversight by government authorities, including CDSS
• Allow oversight by video/telephonic conferencing means
• Group size and capacity set by state or local health department, or CDSS Child Care Regional Office
• Age appropriate, environment, equipment, materials, and supplies
• Ability to provide special needs care and supports for children in care, if applicable
• Notify parent/guardian of policies impacted by the waiver
• Post waiver in public location within the home or facility
• 90-day waiver limitation – CDSS may renew after evaluation of need and compliance history

In addition, providers providing license-exempt childcare programs must also meet additional conditions specific to the type of license exemption.  For example, to obtain a waiver to provide license-exempt care as a camp, a provider must additionally meet the following conditions:

• If on school grounds, approval from the school
• Subject to notification of operation to local public health and inspection for organized camps
• No more than 14 children in a cohort
• Limited to school age (K-12)
• Other ages served reviewed on case-by-case basis
• Fire clearance
• Water safety
• Access to digital resources reviewed on case-by-case basis

Similarly, to obtain a waiver to provide license-exempt care as an extended day before and after school program, a provider must additionally meet the following conditions:

• Need approval from the school
• Local coordination of services/partnerships with local public health and school
• No more than 14 children in a cohort
• In good standing with licensing if current license holder
• Fire clearance, if applicable
• Access to digital resources reviewed on case-by-case basis

A licensed childcare center that wants to exceed the limits of its license must:

• Follow the conditions set forth in PIN 20-04-CCP
• Follow the conditions set forth in PIN 20-15-CCP
• If on school grounds, approval from the school
• In good standing with Child Care Licensing
• No more than 14 children in a cohort
• Fire clearance, if applicable
• Local coordination of services with local public health and school districts needed
• Access to digital resources reviewed on case-by-case basis

Cohorts, Group Size, And Ratios

According to the August 25 CDSS Guidance, for school-age childcare centers, a cohort may be no larger than 14 children and two supervising adults, and a cohort of 14 children and two supervising adults may not physically interact with other cohorts.  This is consistent with the August 25 CDPH Cohort Guidance.  For more information about the August 25 CDPH Cohort Guidance, see this LCW Special Bulletin released on August 27, 2020.

In addition to following the cohort requirements, childcare facilities must have 35 square feet per child of indoor space and 75 square feet per child of outdoor space and one toilet and sink for every 15 children.  However, the square footage and toilet requirements are exempted if care is provided on school grounds.  Nonetheless, childcare providers should maintain group sizes as small as possible and, of course never larger than 14 children, and must never maintain a group size “larger than can be accommodated by the space available to provide at least 6 feet of distance between each person, including staff.”

If you have questions about August 25 CDSS Guidance, please consult legal counsel.