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Daycare Center and Family Home Forum>California Nap Time Laws
bigdad5 03:28 PM 11-30-2011
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
Reply
daycare 03:49 PM 11-30-2011
I am from CA and run an in-home daycare. Not a center.

I have never heard of such a law about not being able to wake the children up, but I could be wrong on this.

There are several other providers on here more in tune with the State Regs. Hopefully they will give you some better answers than I.

Crystal where are you? lol
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Crystal 03:52 PM 11-30-2011
let me find the reg....I'll be back.
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Crystal 04:00 PM 11-30-2011
101230 ACTIVITIES/NAPPING 101230
(a) Each center shall provide a variety of daily activities designed to meet the needs of children in care,
including but not limited to:
(1) Quiet and active play.
(2) Rest and relaxation.
(3) Eating.
(4) Toileting.
(b) All children shall be given an opportunity to nap or rest without distraction or disturbance from other
activities at the center.
(1) A napping space and a cot or mat shall be available for each child under the age of five.
(2) Centers that serve children in half-day programs are not required to schedule napping periods or
have napping equipment for such children.
(3) No child shall be forced to stay awake or to stay in the napping area longer than the normal
napping period.
101230 ACTIVITIES/NAPPING 101230
(Continued)
(c) A teacher-child ratio of one teacher supervising 24 napping children is permitted provided that the
remaining teachers necessary to meet the overall ratio specified in Section 101216.3(a) are immediately
available at the center.
(1) An aide who is 18 years of age or older, and who meets the requirements of Sections 101216 and
101216.2, may supervise 24 napping children in place of a teacher if the conditions specified in
(c) above are met.
NOTE: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73,
1596.81 and 1597.05, Health and Safety Code.
101231
CALIFORNIA-DSS-MANUAL-CCL
MANUAL LETTER NO. CCL-98-11 Effective 11/1/98
Page
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Crystal 04:02 PM 11-30-2011
So, based on the above regulations, from the Ca. Title 22 CCC licensing regs.
nothing bars them from waking a child. However, it does state:

"All children shall be given an opportunity to nap or rest without distraction or disturbance from other activities at the center"

So, if they are allowing other children to play around her while she is sleeping, they are violating THAT reg. So, I would use that to your advantage.

Here is a link to ALL of the CCC regs for California:

http://www.cdss.ca.gov/ord/PG587.htm
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Unregistered 04:40 PM 11-30-2011
Hi Crystal,

Thanks. I searched through all that documentation. It makes no mention about waking them, so it seems you're drawing the same conclusion that I am. They should be able to wake them as her we requested.

You also picked up on something that I didn't. The fact that they are allowing the other kids to play right around her with all that noise and such, is a clear violation. This has to be taken into consideration as to what kind of quality sleep she is actually getting. We all know we can remain asleep, while hearing noises, and indeed be disturbed by these noises. Who wants to sleep like this! This actually bothers me more.

I will talk with them tomorrow armed with this information.

Thanks again.
Reply
Michelle 05:47 PM 11-30-2011
wow!, we always wake up the kids at 3 p.m.
That's ridiculous.
They are missing out on activities and will probably have a hard time sleeping at night.
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Unregistered 11:39 AM 04-03-2018
With a 4 yr old, I feel that forcing them to lie on their mat for 2 - 2/12 hours a day where the child does not sleep, is child abuse. Not everyone needs the same amount of sleep, and I think that this is just an excuse for daycares to use this time where they can have only 1 person being with the kids and not having to do anything with them.
If a child does not sleep within the first hour,they should be allowed to go and sit in the reading corner or be put with other kids that dont sleep in a classroom where they can at least do something constructive.
Reply
boy_mom 11:49 AM 04-03-2018
I agree, it is hard for a child to be asked to sit still the entire nap time. Sounds like it's time for you to find a more age appropriate environment that better suits your child's needs!!
Reply
Cat Herder 11:49 AM 04-03-2018
Originally Posted by Unregistered:
With a 4 yr old, I feel that forcing them to lie on their mat for 2 - 2/12 hours a day where the child does not sleep, is child abuse. Not everyone needs the same amount of sleep, and I think that this is just an excuse for daycares to use this time where they can have only 1 person being with the kids and not having to do anything with them.
If a child does not sleep within the first hour,they should be allowed to go and sit in the reading corner or be put with other kids that dont sleep in a classroom where they can at least do something constructive.
Many daycares offer exactly what you are describing. Find one that suits your child's needs instead of asking your current one to change their more affordable policies. Know that a no-nap service costs more because it requires more employees to cover lunches, planning and breaks.
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hwichlaz 01:02 PM 04-03-2018
Even full day kindergartens in California have nap/rest time for the first trimester of the school year. Then they slowly phase it out during the 2nd trimester. My dd’s Kindy teacher was phasing it out is hard, that most of the kids still fall asleep during the 90 min quite time every day.
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hwichlaz 01:06 PM 04-03-2018
The only time my kids don’t quickly fall asleep, is if we’ve been trapped inside because of inclimant weather and I have failed to give them enough gross motor play to make up for it. I keep children through age 6.
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hannonman 09:45 PM 06-25-2018
I work at a center in CA and we are allowed to wake the kids up, when nap time is over. We only have an hour nap period from approximanly 1-2. Not all of our kids will fall asleep. We have to wake the kids up by 3, as everyone goes outside then.
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Unregistered 02:01 PM 09-05-2018
Originally Posted by Unregistered:
With a 4 yr old, I feel that forcing them to lie on their mat for 2 - 2/12 hours a day where the child does not sleep, is child abuse. Not everyone needs the same amount of sleep, and I think that this is just an excuse for daycares to use this time where they can have only 1 person being with the kids and not having to do anything with them.
If a child does not sleep within the first hour,they should be allowed to go and sit in the reading corner or be put with other kids that dont sleep in a classroom where they can at least do something constructive.
Normaly I would agreee I don’t like make them sit quiet for 2 hours, though it’s lincesing policy. Though I don’t agree it is child abuse. But if thier are a lot preschool kids in the reading area that could turn into a distraction. Example: Mentor J was reading Child K (only awake child) a stories (which I didn’t think we were allowed to do) they were booth loud, though no one woke up. If awake kids were all on the couch having preschool sit quietly for 2 hours is also a challenge even with a book. And people could proably make an argument that, be reading aloud is a distraction (see state code)
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Unregistered 02:13 PM 09-05-2018
Originally Posted by Unregistered:
Normaly I would agreee I don’t like make them sit quiet for 2 hours, though it’s lincesing policy. Though I don’t agree it is child abuse. But if thier are a lot preschool kids in the reading area that could turn into a distraction. Example: Mentor J was reading Child K (only awake child) a stories (which I didn’t think we were allowed to do) they were booth loud, though no one woke up. If awake kids were all on the couch having preschool sit quietly for 2 hours is also a challenge even with a book. And people could proably make an argument that, be reading aloud is a distraction (see state code)
Making a correction. Are Center only makes kids rest for 1 1/2 hours not 2. From 12:30 (approx) - 2. We wake kids up at 2.
Reply
Unregistered 02:10 PM 09-05-2018
Originally Posted by bigdad5:
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

Hi Crystal. I work in a CA lincesed Center. It is also a center for research And 4 hours does seem to long. We are allowed to wake them up. Nap Is from approx 12:30-2. (So 1 and 1/2 hour). Many teachers will wake up kids at 2. All kids/teacher need to outside by 3.
4 hours seems way to long.
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MarinaVanessa 02:42 PM 09-05-2018
Originally Posted by Unregistered:
Hi Crystal. I work in a CA lincesed Center. It is also a center for research And 4 hours does seem to long. We are allowed to wake them up. Nap Is from approx 12:30-2. (So 1 and 1/2 hour). Many teachers will wake up kids at 2. All kids/teacher need to outside by 3.
4 hours seems way to long.
This will no longer be the case come November/December in CA. Look up the new safe sleep regulation draft coming in, we can't force a child to sleep nor wake a child according to how it's currently written ... that's both center and FCC.
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hwichlaz 07:03 PM 09-05-2018
Originally Posted by MarinaVanessa:
This will no longer be the case come November/December in CA. Look up the new safe sleep regulation draft coming in, we can't force a child to sleep nor wake a child according to how it's currently written ... that's both center and FCC.
Do you have a link to that? The proposed changes I’m seeing only apply to infants.
Reply
sharlan 06:38 AM 09-06-2018
Originally Posted by hwichlaz:
Do you have a link to that? The proposed changes I’m seeing only apply to infants.
I couldn't find it either.
Reply
nanglgrl 07:01 AM 09-06-2018
I’m not from California and could be way off here but a seem to remember from previous posts that waking a sleeping child or making a child lay down was part of your regulations on violating a child’s personal rights? I though another poster brought that up previously?
Reply
Unregistered 05:14 PM 09-17-2018
I worked in CA childcare for years. Waking a sleeping child is considered a violation of personal rights (a form parents sign upon enrolling and required for Licensing). To get around this I would have parents write a permission letter stating that they request and give permission to wake the child after a certain period of time or at a certain time. Naptime is run this way and childcare centers try to keep kids laying down for 2 to 2.5 hours so the teachers can take lunch breaks without the center requiring another staff person in the room. Staffing for ratio for 10 to 12 hours is tough and costly. The only time the teachers are given to plan prep or clean up is naptime. So all teachers strive for a hassle free naptime so they can get stuff done and take lunch breaks. If you have bedtime issues, i would write a note requesting your child is woken up by 2 or 230. Licensing nor the center can't argue with parent requests and permission, but they will state that naptime is required for healthy children....not to mention mentally healthy teachers!
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Tags:2011, california, california - regulations, naptime - requirements
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