How Outdated Title 22 Code of Regulations Puts Kids at Risk
At a preschool in Elk Grove, CA, a series of preventable failures changed a two-year-old’s life forever. Zoey was left unsupervised near an unsecured water shed gate—a hazard that should never have been within reach. In a split second, she lost part of her left pinky finger.
The staff didn’t call 911. They wrapped her hand, called her mom, and handed her finger in a bag of ice. By the time she reached a specialist, it was too late. The finger couldn’t be saved.
This wasn’t just an accident. It was a breakdown in basic safety and emergency response—a failure that will echo through every chapter of Zoey’s life. And here’s the shocking truth: under California law, someone can legally supervise multiple children with less training than a lifeguard.
That law is called Title 22, and it governs thousands of daycares and preschools across California. On paper, Title 22 exists to answer one question:
“What is the minimum level of care required to keep children safe?”
That word “minimum” is where the problems begin.
What Is California Code of Regulations Title 22?
Title 22 of the California Code of Regulations sets the rules for community care facilities, including daycares, preschools, and infant care centers. It’s enforced by Community Care Licensing under the California Department of Social Services. These regulations were designed decades ago, and while they’ve seen minor updates, they haven’t kept pace with the realities of modern childcare like larger class sizes, longer hours, staffing shortages, and the complexity of children’s needs today.
What results is a framework that looks good on paper but leaves dangerous gaps in practice.
“When caregivers panic and hide behind inaction rather than call 911, they betray the very trust that makes parents leave their children in their care,” says Alex Boris, Senior Trial Attorney at J&Y Law. “There’s nothing more frustrating than a preventable injury followed by a callous response.”
For a free legal consultation, call (877) 735-7035
Why Minimum Standards Aren’t Enough
Title 22 was never meant to represent best practices. It was designed to set the floor, not the ceiling. But in reality, many facilities treat compliance as proof of safety. If it’s legal, it must be safe, is their assumption.
Take staffing qualifications, for example. Under Title 22, the person supervising your child day-to-day may have no college degree, no formal child development education, and no prior childcare experience. They need to be 18, pass a background check, and clear basic health screenings. That’s it.
For teachers, the bar is only slightly higher – often just 12 units in early childhood education. In practice, many centers rely heavily on aides, not credentialed teachers.
The Supervision Loophole
Title 22 requires “direct supervision,” but defines it loosely. Knowing where children are and providing “visual or auditory” oversight is considered enough. There’s no requirement for continuous line-of-sight, one-to-one accountability, or documentation of who was supervising whom at any given moment.
This gray area creates real-world failures like Zoey’s pinky injury, which happened because she wandered near an unsecured hazard while staff assumed someone else was watching.
Ratios That Collapse Under Pressure
Title 22 sets staff-to-child ratios that sound reasonable on paper: one adult for every four infants, one for every six to twelve toddlers, and one for every twelve preschoolers. But these ratios assume perfect conditions of fully trained staff, no emergencies, no distractions.
Reality looks different.
One bathroom break, one phone call, one moment of inattention, and supervision collapses instantly. There is no buffer built into the system.
Enforcement That Reacts, Not Prevents
Community Care Licensing is understaffed and responsible for thousands of facilities. Inspections often happen once every several years. Most serious violations come to light only after a child is hurt, a parent complains, or a lawsuit is filed. Facilities can appear “licensed and compliant” while operating dangerously. Title 22 measures paper compliance, not real-time safety.
Zoey’s Story: A Systemic Failure
Zoey’s injury wasn’t just a freak accident. It was the predictable outcome of vague supervision rules, minimal training, and no emergency protocol enforcement. When staff panicked and failed to call 911, the system’s weaknesses were exposed. And Zoey will live with the consequences forever.
Title 22 is not malicious. It’s outdated, under-enforced, and built around minimums. Combine minimal training, low pay, high turnover, vague supervision standards, and sparse enforcement, and you create exactly the kind of gaps where children get hurt—and no one can clearly say who was responsible.
What Should Parents Do If Their Child Is Injured at Daycare?
California is home to more than 56,000 licensed childcare facilities, including daycares and preschools, according to the California Department of Social Services.
If your child is injured, ask tough questions. Demand clear supervision protocols. Visit unannounced. And if your child is severely injured, seek immediate medical care and contact an experienced child abuse and neglect attorney who understands daycare negligence.
Licensed doesn’t mean safe. Minimum standards don’t mean protection. It’s time to raise the bar.
Call or text (877) 735-7035 or complete a Free Case Evaluation form