California Nap Time Laws

[Guest]

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

[daycare]

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?

[Crystal]

let me find the reg....I'll be back.

[Crystal]

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

[Crystal]

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

[Unregistered]

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.

[Michelle]

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.

[daycare]

I let kids sleep from 1:00 until 3:30. I do the wake up call and open all of the blinds. If a child can sleep through that, then they needed the sleep. But I watch the kids going down and every single one of them will pass out the second their head hits the pillow. Some of the kids here, if I try to wake them before they are ready to get up, it's like the devil took over the little bodies and everyone suffers for the rest of the day..

I also communicate with the parents and always ask them if there are any sleeping issues at home. If they say yes, then I try to wake them at 3:30 every day.

I don't offer services for children who don't nap. My house is not big enough to offer space for non-sleepers and I work a very long day so this would be my time to catch up...

[Crystal]

I feel it is unfair that they are allowing her to lay awake for that amount of time. I allow the children books, quiet toys, playdough, etc. if they do not fall asleep within 30-45 minutes. This RARELY happens, because my kids are wiped out and ready to crash at naptime from a morning full of fun and learning, but when it does, there is no way I'd make them lay there like that.

I understand there are providers, such as Daycare, who do not offer that, and I think it is great that they acknowledge that..... by doing so they prevent situations such as the OP describes.

The children playing around her is not only a disturbance to her solid sleep, it is also dangerous....they could easily trip and fall on her.

If my children are not awake by 3:00, I open the curtains, turn on the fan, and they start waking up. By 3:15 they are all awake and getting shoes on. Allowing them to sleep later will affect their nightime routine, and therefore their ENTIRE sleep schedule.

Good luck. I hope you can come to an agreement with your daughter's program that meets everyone's needs.

[MarinaVanessa]

If my children are not awake by 3:00, I open the curtains, turn on the fan, and they start waking up. By 3:15 they are all awake and getting shoes on. Allowing them to sleep later will affect their nightime routine, and therefore their ENTIRE sleep schedule.

Ditto here too except nap/quiet time is done at 2:00 p.m. for me. I don't know at what time your rest period starts but I start mine at noon so that they get at least 2 hours of rest time. I pick up my DD and other DCG from school at 2:30 p.m. so I can't go any later than 2 p.m. but the kids seem just fine with 2 hours of rest. Those that don't fall asleep within 20 minutes get to read quietly. Those that get up early get to play outside and I just check on the sleeping kids regularly (I can still see the nappers from outside). At 2pm I open the blinds and the others begin to stir.

[alicia]

Indefinite nap time

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.

I am having the same issue with my son's daycare. I went to pick him up once and he was asleep while all the other children were playing. I have trouble getting him to be on weekdays only. I am trying to find out exactly what hours my son is sleeping and they cannot give me a start or end time. The teachers state that the director does not allow them to wake up the child. So, even though the nap time is 12:30 to 2:30, if the child is asleep they leave them asleep. They are not to wake them up. That is ridiculous to me. So I'm in the cycle - I can't put him to bed on time. I can't wake him up on time. And he is really crabby at daycare in the morning. I just can't believe how a director would tell me (the parent) we aren't going to wake up the child if he is tired. Um - I'm pretty sure after a two hour nap the child is not tired. Of course, it makes their job easier to leave the child asleep, I'm sure.

[MarinaVanessa]

I am having the same issue with my son's daycare. I went to pick him up once and he was asleep while all the other children were playing. I have trouble getting him to be on weekdays only. I am trying to find out exactly what hours my son is sleeping and they cannot give me a start or end time. The teachers state that the director does not allow them to wake up the child. So, even though the nap time is 12:30 to 2:30, if the child is asleep they leave them asleep. They are not to wake them up. That is ridiculous to me. So I'm in the cycle - I can't put him to bed on time. I can't wake him up on time. And he is really crabby at daycare in the morning. I just can't believe how a director would tell me (the parent) we aren't going to wake up the child if he is tired. Um - I'm pretty sure after a two hour nap the child is not tired. Of course, it makes their job easier to leave the child asleep, I'm sure.

I think one must remember that although no laws stop them from waking a chile up, there also arent any that say that they must be woken either. Some daycares.both centers and family child care homes, have their own policies and can do so as long as they dont go against state regulations. If your daycare wont wake your child up when you prefer then finding new daycare that can better meet your needs is a good option.

[MarinaVanessa]

I am having the same issue with my son's daycare. I went to pick him up once and he was asleep while all the other children were playing. I have trouble getting him to be on weekdays only. I am trying to find out exactly what hours my son is sleeping and they cannot give me a start or end time. The teachers state that the director does not allow them to wake up the child. So, even though the nap time is 12:30 to 2:30, if the child is asleep they leave them asleep. They are not to wake them up. That is ridiculous to me. So I'm in the cycle - I can't put him to bed on time. I can't wake him up on time. And he is really crabby at daycare in the morning. I just can't believe how a director would tell me (the parent) we aren't going to wake up the child if he is tired. Um - I'm pretty sure after a two hour nap the child is not tired. Of course, it makes their job easier to leave the child asleep, I'm sure.

I think one must remember that although no laws stop them from waking a child up, there also arent any that say that they must be woken either. Some daycares, both centers and family child care homes, have their own policies and can do so as long as they dont go against state regulations. If your daycare wont wake your child up when you prefer then finding new daycare that can better meet your needs is a good option.

[Unregistered]

preschool napping issue

My son, who is almost three, started preschool this past summer. In the 6 months he has attended this school, his nighttime sleep routine has been destroyed.

We start the nighttime routine at 7 pm with getting jammies on, turning down the lights and perhaps watching a quiet show or doing some other relaxing, quiet activity. at 7:30 pm we brush teeth and wash up. Then its reading time and lights out by 8 pm. What happens next is a battle, with Kieran doing everything he can to stay awake and fight sleep. Last night he did not fall asleep until 9:45 pm. We still have to rock him to sleep because no matter what we did when he was younger, he did developed the ability to self-soothe, just like his older brother...but, i digress.

the preschool schedule is this. open at 7 am. Children can bring their breakfast and eat at school from 7 am to 8 am. 8 am to 9:30 is play time. 9:30 to 10 is wind down and get ready to learn time. 10 am to 1130: is education time. 11:30 am to 12 pm is lunch...nap time is supposed to be 12 pm to 2 pm, however, what happens is this: the children lay down at noon, but the director/teachers do not start their "clock" for nap time until the last fidgety child settles down. What tis means is when I pick up my son at 4 pm, he has to be woken up so he can come home. all the other children remain laying down until who knows when. The have my son laying down for over 4 hours. its no wonder he doesn't sleep!

The director feels she is operating within the scope of the law, but I feel it is bordering on abuse/neglect by failing to recognize how this effects the kid's sleep schedule at night, and its also taking advantage of the parents by charging them $175 a week for 1.5 hours of educating, 2-4 hours of play time depending on when they arrive/leave, and a whole lot of sleep/quiet time. I feel she is ripping off the parents and harming the children.

Unfortunately, all of the schools in the area that will take a child who is not completely potty trained are full, so we are stuck until there is an opening. If I were to report the director for this problem, who would I report to, and where would I go to do it? it is not fair to my son to start his nighttime sleep by getting in trouble, nor is it fair to start his day grumpy because he did not get the rest he needs.

On weekends, he has free napping...we do not put him down for a nap. If he is tired, he sleeps and we let him sleep as long as he needs. There are rarely problems getting him to sleep wen he does not go down for a scheduled nap at home on the weekends...

( sorry for the novel, )

[nannyde]

My son, who is almost three, started preschool this past summer. In the 6 months he has attended this school, his nighttime sleep routine has been destroyed.

We start the nighttime routine at 7 pm with getting jammies on, turning down the lights and perhaps watching a quiet show or doing some other relaxing, quiet activity. at 7:30 pm we brush teeth and wash up. Then its reading time and lights out by 8 pm. What happens next is a battle, with Kieran doing everything he can to stay awake and fight sleep. Last night he did not fall asleep until 9:45 pm. We still have to rock him to sleep because no matter what we did when he was younger, he did developed the ability to self-soothe, just like his older brother...but, i digress.

the preschool schedule is this. open at 7 am. Children can bring their breakfast and eat at school from 7 am to 8 am. 8 am to 9:30 is play time. 9:30 to 10 is wind down and get ready to learn time. 10 am to 1130: is education time. 11:30 am to 12 pm is lunch...nap time is supposed to be 12 pm to 2 pm, however, what happens is this: the children lay down at noon, but the director/teachers do not start their "clock" for nap time until the last fidgety child settles down. What tis means is when I pick up my son at 4 pm, he has to be woken up so he can come home. all the other children remain laying down until who knows when. The have my son laying down for over 4 hours. its no wonder he doesn't sleep!

The director feels she is operating within the scope of the law, but I feel it is bordering on abuse/neglect by failing to recognize how this effects the kid's sleep schedule at night, and its also taking advantage of the parents by charging them $175 a week for 1.5 hours of educating, 2-4 hours of play time depending on when they arrive/leave, and a whole lot of sleep/quiet time. I feel she is ripping off the parents and harming the children.

Unfortunately, all of the schools in the area that will take a child who is not completely potty trained are full, so we are stuck until there is an opening. If I were to report the director for this problem, who would I report to, and where would I go to do it? it is not fair to my son to start his nighttime sleep by getting in trouble, nor is it fair to start his day grumpy because he did not get the rest he needs.

On weekends, he has free napping...we do not put him down for a nap. If he is tired, he sleeps and we let him sleep as long as he needs. There are rarely problems getting him to sleep wen he does not go down for a scheduled nap at home on the weekends...

( sorry for the novel, )

Your kid is two.

Why is he still there? If it warrants a call to the State, it warrants taking him out immediately.

What time are you picking up? What are you doing with him once you pick him up?

Starting bedtime so early may be your problem. Start bedtime at 8 and bed at nine. Get him up by six am and have some family time, a good home cooked breakfast, family meal, and then off to care. If he gets up nice and early and has a food family time, he will be ready for nap at nap time. Also, get him outside every day to run and play when you pick him up. Do a couple of hours outside, have a nutritious supper and a low key bedtime routine at eight.

That should solve your problem. Good luck.