Yes. In serious cases, Community Care Licensing can pursue action that threatens a daycare’s ability to operate. But that does not mean every citation automatically shuts down a facility.
The real question is: what kind of licensing action did you receive, what deadline applies, what facts support the allegation, and what should you do before the problem escalates?
If Licensing has contacted you about a citation, civil penalty, complaint investigation, accusation, temporary suspension, or revocation, do not wait to understand your rights. Eagle Heritage Law helps child care providers in Bakersfield, Kern County, and throughout California respond to licensing actions that may threaten their ability to operate. For broader information, visit Child Care License Defense in Bakersfield.
Can Community Care Licensing immediately close a daycare?
Community Care Licensing can take action that stops or threatens operation when it believes a serious licensing violation, safety risk, temporary suspension order, or revocation issue exists. The exact procedure depends on the facility type, notice, facts, and legal authority cited.
California law authorizes the Department to deny an application for, suspend, or revoke a child day care license, registration, or special permit for several grounds, including violations of the Child Day Care Act or related rules, aiding or permitting violations, and conduct inimical to health, morals, welfare, or safety. (Health & Saf. Code, § 1596.885.)
Child care center regulations state that the Department has authority to suspend or revoke a license on the grounds specified in Health and Safety Code section 1596.885. (Cal. Code Regs., tit. 22, § 101206.) Family child care home regulations also identify grounds for revocation or suspension of a license or registration. (Cal. Code Regs., tit. 22, § 102402.)
If the notice uses words like “accusation,” “temporary suspension,” “revocation,” “civil penalty,” “immediate risk,” or “serious deficiency,” the situation deserves immediate attention.
Does every citation mean my daycare will be shut down?
No. Many citations require correction and do not automatically close a daycare.
CDSS form language explains that deficiencies are noncompliances with licensing law or regulations and that Licensing may establish a plan of correction and a correction due date. (Facility Evaluation Report, LIC 809.) Some citations are correctable. Some are reviewable or appealable. Some are warning signs of bigger trouble.
The danger is assuming that “corrected” always means “over.” A citation can remain in the facility’s licensing history and may matter if Licensing later alleges repeated violations, failure to correct, or unsafe conditions.
What types of problems can put a daycare license at risk?
The most dangerous licensing issues are usually the ones that Licensing believes affect child safety, supervision, background clearance, repeated noncompliance, or failure to correct.
High-risk issues may include:
- Lack of supervision.
- Children leaving the facility.
- Injury or suspected injury.
- Criminal-record clearance problems.
- Unqualified or uncleared adults present in the facility.
- Unsafe physical conditions.
- Failure to report required incidents.
- Repeated violations.
- Failure to correct prior deficiencies.
- False or incomplete records.
- Interference with an inspection.
- Parent-access or retaliation issues.
- Conduct Licensing believes is harmful to children’s health, safety, or welfare.
This list is not exhaustive. The seriousness depends on the facts, the regulation cited, the facility history, the correction record, and the notice you received.
What is the difference between a citation, civil penalty, accusation, and revocation?
A citation or notice of deficiency identifies an alleged violation and usually includes a correction plan, correction deadline, or other required response.
A civil penalty is a monetary penalty. For child care centers, Title 22 provides for civil penalties in several circumstances, including serious deficiencies not corrected by the date specified in the notice of deficiency and certain immediate penalty situations. (Cal. Code Regs., tit. 22, § 101195.) For family child care homes, Title 22 separately identifies penalty provisions for certain violations. (Cal. Code Regs., tit. 22, § 102395.)
An accusation is a formal administrative pleading used when the Department seeks discipline against the license, such as suspension or revocation.
Revocation means the Department is seeking to take away the license. Suspension means the Department is seeking to stop operation for a period of time or while proceedings occur. A temporary suspension order is especially urgent because it may immediately prevent operation while the administrative case proceeds.
Can Licensing issue a temporary suspension order?
Yes. Title 22 child care center regulations quote Health and Safety Code section 1596.886, which permits the Director to temporarily suspend a license or special permit before a hearing when, in the Director’s opinion, the action is necessary to protect a child from physical or mental abuse, abandonment, or another substantial threat to health or safety. (Cal. Code Regs., tit. 22, § 101206; Health & Saf. Code, § 1596.886.)
Family child care home regulations similarly state that the Director may temporarily suspend a license before a hearing when the action is necessary to protect a child in a family child care home from physical or mental abuse, abandonment, or another substantial threat to health or safety. (Cal. Code Regs., tit. 22, § 102402.)
If you receive a temporary suspension notice, accusation, or revocation paperwork, seek legal help immediately.
Can civil penalties lead to bigger problems?
Yes. Civil penalties can create financial pressure and may also become part of a broader licensing history.
For child care centers, Health and Safety Code section 1596.99 is quoted in Title 22 as allowing civil penalties in addition to suspension or revocation of a license. (Cal. Code Regs., tit. 22, § 101201, quoting Health & Saf. Code, § 1596.99.) Title 22 child care center regulations also state that the Department may deny or revoke a license for failure to pay civil penalty assessments. (Cal. Code Regs., tit. 22, § 101198.1.) Family child care home regulations contain a similar provision making the licensee responsible for civil penalties and authorizing denial or revocation for failure to pay civil penalty assessments. (Cal. Code Regs., tit. 22, § 102402.1.)
That means a provider should treat civil penalties as more than a bill. The penalty may reflect Licensing’s view that the issue was serious, repeated, or not corrected on time.
What should you do if Licensing threatens to shut down your daycare?
If Licensing threatens suspension, revocation, temporary suspension, or immediate action, take the paperwork seriously and act quickly.
Do these things immediately:
- Read the notice from beginning to end.
- Identify every deadline.
- Preserve the envelope and proof of service.
- Save the Facility Evaluation Report.
- Save the accusation or temporary suspension paperwork.
- Preserve staff schedules, attendance records, and incident reports.
- Preserve emails, texts, parent communications, and staff communications.
- Do not alter or backdate records.
- Do not submit a long written explanation without legal review.
- Do not assume a phone call preserves your appeal rights.
- Contact a child care license defense attorney.
If the facility is still operating, correct safety issues immediately and document the correction honestly. Correction does not necessarily mean you agree with every allegation.
Can you appeal or fight the action?
In many situations, yes. The procedure depends on the action.
A citation or civil penalty may involve review or appeal rights. A suspension or revocation action may involve a formal administrative hearing. For child care centers, Title 22 states that certain licensing decisions may be reviewed if review is requested within 10 working days of receipt of the written decision, unless an administrative action under the California Administrative Procedure Act has already started. (Cal. Code Regs., tit. 22, § 101196.)
The deadline and procedure in your notice control. If you miss the deadline, you may lose important rights. If you submit a weak or careless response, you may make the later defense harder.
What should you not do when your daycare license is at risk?
Do not panic, but do not delay.
Avoid:
- Ignoring the notice.
- Waiting to see what happens.
- Submitting emotional written statements.
- Blaming staff before reviewing documents.
- Deleting messages.
- Rewriting records.
- Telling witnesses what to say.
- Continuing an unsafe practice.
- Assuming correction eliminates appeal issues.
- Missing the deadline because you were negotiating informally.
When your license is at risk, every communication can matter.
How Eagle Heritage helps child care providers facing shutdown risk
Eagle Heritage Law helps providers respond strategically when Licensing action threatens the facility.
We can help:
- Review the citation, notice, accusation, or suspension paperwork.
- Identify deadlines.
- Evaluate whether to appeal or request review.
- Preserve and organize evidence.
- Prepare a written response.
- Communicate with Licensing.
- Prepare for administrative review.
- Defend against suspension or revocation.
- Help providers avoid unnecessary admissions.
- Build a record of correction and compliance.
A daycare is not just a business. It is often the provider’s livelihood, reputation, and relationship with families. If Community Care Licensing is threatening your ability to operate, call before you respond.
Visit Child Care License Defense in Bakersfield, contact Eagle Heritage Law, or call 661-843-6370.