Home Daycare Parent Contract in California — What to Include

Every family enrolled in your daycare should sign a written contract before their child's first day. This is not paperwork for the state — it is protection for you, and clarity for the families you serve.

Without a contract, disputes about tuition, sick days, and notice periods get decided by whoever argues loudest. With a contract, you have a written record of what both sides agreed to.

This article covers what a California home daycare parent contract should include, what language to use for the most common situations, and what to watch for.

Why a Contract Matters

Many first-time providers skip the contract because they want to keep things friendly and informal. This works fine — until a family stops paying, pulls out mid-month without notice, or disputes a late fee.

A contract does not make you unfriendly. It makes you professional. Families with young children in your care want to see that you run your operation thoughtfully. A clear contract builds trust, not friction.

California does not legally require you to have a parent contract for home daycare. But running without one is a financial and operational risk you do not need to take.

Section 1 — Enrollment Information

Start with the basics:

• Provider name and daycare name (if any)
• Parent/guardian names (both, if applicable)
• Child's full name and date of birth
• Enrollment start date
• Care schedule (days of the week, hours of drop-off and pickup)
• License type and license number (once you have it)

Keep this section factual. It is the foundation everything else is built on.

Section 2 — Tuition and Payment Terms

Rate: State the weekly or monthly rate clearly. Example: "Tuition is $245 per week regardless of days attended."

Rate for infants vs. toddlers: If you charge different rates by age group, spell out the rate for this child specifically and what triggers a rate change as the child ages.

Due date: When is tuition due? Most home daycares collect on Friday for the following week, or Monday morning. Be specific.

Accepted payment methods: List what you accept. Cash, check, Zelle, Venmo — whatever you use. Avoid accepting personal checks without a note about bounced check fees.

Late payment fee: Common practice is a $10 to $25 late fee per day after a 3-day grace period. State it clearly: "Tuition is due by [day]. A $15 per day late fee applies beginning on [day + 3 days]. Children will not be accepted if tuition is more than [X days] past due."

No pay, no care: This is enforceable and important. Include it. "Care will be suspended if tuition is more than [7] days past due."

Annual rate increase: Let families know you may increase rates with advance notice. "Provider may increase tuition rates with 30 days' written notice."

Section 3 — Attendance and Schedule

Scheduled days and hours: State the specific days and times this child is enrolled. "[Child] is enrolled Monday through Friday, 7:30 AM to 5:00 PM."

Late pickup: Define what counts as late and what you charge. "Pickup after 5:00 PM is subject to a late fee of $1 per minute." Late pickup fees protect you from parents who routinely stay late without consequence.

Drop-off: Many providers define a drop-off window. "Drop-off is between 7:00 and 9:00 AM. After 9:00 AM, please call ahead."

Unscheduled days: State whether you charge for days the family does not use. "Tuition is charged for all enrolled days, including days the child does not attend." This prevents families from using sick days as unpaid absences.

Section 4 — Sick Child Policy

This section prevents conflicts. Be specific.

When a child cannot attend: "A child may not attend if they have: a fever of 100.4°F or higher in the previous 24 hours; vomiting or diarrhea in the previous 24 hours; symptoms of a contagious illness such as pink eye, strep throat, or hand-foot-and-mouth disease; a rash that has not been diagnosed by a physician."

Return-to-care requirements: "Children may return after being fever-free, vomit-free, and diarrhea-free for a full 24 hours without medication."

Illness during the day: "If a child develops a fever or symptoms of illness during the day, the parent/guardian will be contacted and must pick up the child within [1 hour]."

Tuition during illness: "Tuition is not reduced for days when the child is absent due to illness." If you want to offer a sick day credit (some providers give 5 paid sick days per year), define it explicitly.

Section 5 — Provider Sick Days and Closures

Your sick days: What happens when you are sick? "In the event of provider illness, families will be notified as early as possible. There is no charge for days the daycare is closed due to provider illness."

Holidays: List the holidays you will be closed. "The daycare will be closed on the following holidays: [list]. Tuition is charged for all weeks in which the daycare is open at least one day." Alternatively, specify whether holidays are paid or unpaid.

Emergency closures: "In the event of an emergency closure (power outage, water damage, family emergency), families will be notified immediately. No tuition is charged for unplanned closure days."

Section 6 — Withdrawal and Termination

Notice required to withdraw: "Two weeks' written notice is required before withdrawing from enrollment. Tuition is charged during the notice period regardless of attendance."

This protects your income. Without it, families can pull out on a Friday and you have an empty spot with no income the following Monday.

Provider's right to terminate: You also have the right to end an enrollment. "Provider may terminate enrollment with two weeks' notice for any reason. In the event of serious safety concerns, enrollment may be terminated immediately."

Reasons you might need to terminate: a child's behavior that puts others at risk, non-payment of tuition, repeated late pickup, failure to comply with sick child policies, breakdown of the provider-family relationship.

Section 7 — Health and Emergency Authorization

Medical release: "In the event of a medical emergency, provider is authorized to call 911 and seek emergency medical care for [child]. Parent/guardian will be notified immediately."

Emergency contacts: List at least two emergency contacts beyond the parents — people who are authorized to pick up the child if parents are unreachable.

Medication: If you will administer medication, include a separate medication authorization form for each medication. If you do not administer medication, state that clearly: "Provider does not administer prescription or over-the-counter medications."

Allergies and special needs: Document known allergies, dietary restrictions, and medical conditions. Both you and the parents sign off on this information being current and accurate.

Section 8 — Photo and Social Media Policy

If you take photos of children for documentation or would like to share them with families via a group app:

"Provider may photograph [child] for the purpose of activity documentation shared privately with [child]'s family. Provider will not post photos of [child] on social media or share with third parties without written parental consent."

Add a separate consent checkbox or signature line for social media use if you want to maintain a daycare social media presence.

Section 9 — Signatures

Both parents/guardians and the provider sign and date the contract. Both parties keep a copy.

"By signing below, both parties acknowledge they have read, understood, and agreed to the terms of this contract."

If you update your policies (rate increase, new holiday schedule, updated sick policy), send a written notice and have families sign an addendum. Do not try to enforce new terms that were not in the original contract.

What to Do Before You Have Your First Family Sign

1. Write your contract before you interview families. You cannot write clear policies under time pressure.
2. Read it out loud. If it sounds confusing, simplify it. Parents should be able to read it and understand every term without asking you to explain.
3. Have every family sign before the first day — no exceptions. "We can do the paperwork next week" means you start without protection.
4. Keep signed copies organized. One copy goes to the family. One stays in your files. A digital scan is a good backup.

A Note on Legal Review

This article provides a general framework. A parent contract is a legal document. If you have specific concerns — complex family situations, children with significant medical needs, a history of payment disputes with families — having an attorney review your contract is worthwhile. Many small business attorneys will review a one or two-page contract for a few hundred dollars.

At minimum, have someone you trust read your contract and tell you if anything is unclear.

What to Do Next

1. Write your contract this week. Use the sections above as your outline.
2. Set your policies — sick days, late fees, withdrawal notice — before you talk to your first family.
3. Never enroll a child without a signed contract.

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This article is for general information only and does not constitute legal advice. Consult a qualified attorney if you have questions about your specific situation or contract terms. Daycare License California is not part of the California state government.