This question is directed specifically to those who work in California Daycare Centers, or are familiar with California laws pertaining to nap time in Daycare centers.

This question pertains to my two 3 year olds twins (37 months to be exact) who have transitioned from a home daycare to a daycare center (KinderCare). The transition was actually smoother than expected. They are enjoying it and are socializing, playing and learning more here than they would have before.

While in the home daycare and at home on Friday's and weekends they may or may not nap. They would lie down for a nap and usually fall asleep within a short time. However if an hour / hour-half has gone by and they are still awake, we would let them get up and resume playing. This usually happens about 1/3 of the time for either one of them and has been this way for the last six months. Otherwise, if they lie there longer than that, just like you and I, they will eventually fall asleep. In this case, they end up sleeping too long, their day is gone, they wake more tired, and are extremely moody. So we long since learned, it was better to let them get up and get on with their day.

On a couple of occasions when my wife has picked them up around 4-4:30, she has found my daughter still sleeping while other kids were playing around her. The reason she's still sleeping is because it took her an hour-half/two hours to fall asleep. We asked KinderCare to please let her get up if she has not fallen asleep after an hour-half, and if she does eventually fall asleep that late, to please at least wake her up by 3:00. They're response was that by law they cannot prevent a child from sleeping, and they cannot wake them up.

Now if this is true, at what point is it determined that they have not "prevented" the child from sleeping, but instead the child simple does not need to nap that day? Based on their response, it seems they will let a child lie quietly for the full two hour window; and if the child falls asleep 1hr 55mins into quiet time, they will let them sleep indefinitely. This to me is a form of forcing the child to take a nap. Who among us can lie quietly after a nice lunch for two hours and not fall asleep? I know I will. This does not mean my body requires daily naps.

I tried googling the California Law on this topic, but I can only find that daycare providers must allow a child a nap environment and quiet time. I don't see anything on time limits or not being allowed to wake a child. I know the issue of children napping comes up a lot, so there must be more guidelines on these limitations. There needs to be a clear definition on what entails quiet time. If the point is for the child to lie down, unwind, and rest with the means to nap, then 1 hour is enough. If his/her body requires a nap, it will nap. Otherwise, forcing a child to lie still for two hours straight when they do not require a nap is unnatural. Can someone help me understand how the law is written and/or point me to some documentation?

Thanks

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