(1) In addition to any other penalty otherwise provided by law, including section 26-6-919, a person who violates any provision of this part 9 or intentionally makes a false statement or report to the department or to any agency delegated by the department to make an investigation or inspection pursuant to the provisions of this part 9 may be assessed a civil penalty up to a maximum of ten thousand dollars, as follows:
(a) Two hundred and fifty dollars a day for the first day;
(b) Five hundred dollars a day for the second day; and
(c) One thousand dollars a day for the third and subsequent days.
(2) Each day in which a person is in violation of any provision of this part 9 may constitute a separate offense.
(3) The department may assess a civil penalty in conformity with the provisions and procedures specified in article 4 of title 24; except that all hearings conducted pursuant to this section must be before an administrative law judge of the department, who shall render a recommendation to the executive director of the department, who shall render the final decision of the department.
(4) (a) The department shall transmit fines collected pursuant to this section, section 26-6-914 (2) and (8), and section 26-6-915 (1)(c) to the state treasurer, who shall credit the same to the child welfare cash fund, created in subsection (4)(b) of this section.
(b) The balance as of July 1, 2022, in the child care cash fund, created pursuant to section 26-6-114 (5), as it existed prior to July 1, 2022, that is attributable to fines and civil penalties collected by the division in the department that is responsible for child welfare is transferred to the child welfare cash fund, which fund is created in the state treasury. The treasurer shall credit all interest derived from the deposit and investment of money in the child welfare cash fund to the fund. At the end of a fiscal year, all unexpended and unencumbered money in the child welfare cash fund remains in the fund and is not credited or transferred to the general fund or any other fund. Subject to annual appropriation by the general assembly, the department may expend money from the child welfare cash fund to fund activities related to the improvement of the quality of child care in the state of Colorado.
Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 823, � 17, effective July 1. L. 2025: (4)(b) amended, (SB 25-265), ch. 130, p. 511, � 1, effective July 1.
26-6-922. Child placement agencies - information sharing - investigations by state department - recovery of money - rule-making. (1) If a county department has substantiated evidence that a child placement agency with which the county has contracted to provide foster care services has violated the provisions of this part 9 or a rule of the state board, it shall communicate the information to the state department. A county department shall also identify whether it is requesting the state department to investigate a complaint against a child placement agency for possible negative licensing action against the child placement agency.
(2) Upon receiving a request for investigation of a child placement agency from a county department, the state department shall commence an investigation and, upon conclusion, report its findings to the requesting county department. The state department shall include in its report to the county department the child placement agency's response, if any, to the findings.
(3) The state department shall provide to county departments and affected child placement agencies direct access to information concerning the results of an investigation or negative licensing action taken against the affected child placement agency licensed to provide foster care services in Colorado.
(4) (a) The state department, in collaboration with the federal department of health and human services and other federal agencies and with county departments, shall seek recovery from a child placement agency of any public funds that the child placement agency has misused, as the term misuse is defined by rules promulgated pursuant to section 26-6-914 (2)(p).
(b) A county and child placement agency that enters into a contract for the provision of foster care services shall include a provision in the contract that recognizes a right of the state department or county department to recover any funds misused by the child placement agency and to withhold subsequent payments. The provision in the contract must provide for an appeal of the decision to recover or withhold the funds. The state board shall promulgate rules that set forth the procedures for the appeal, which rules must require, at a minimum, reasonable notice to the child placement agency.
Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 824, � 17, effective July 1.
26-6-923. Residential child care provider training academy - clinical quality and oversight - report - rules - definition. (1) The residential child care provider training academy is created in the state department to facilitate a pipeline of high-quality staff for residential child care providers and ensure that individuals hired to work at residential child care facilities receive the necessary training to perform the individual's job functions responsibly and effectively.
(2) On or before September 15, 2025, the state department shall promulgate rules for the administration of the academy. At a minimum, the rules must include:
(a) Identification of specific residential child care provider types that are required to utilize the academy;
(b) Identification of specific residential provider staff members who are required to obtain academy training;
(c) Establishment of minimum standards of competence that a staff member shall demonstrate prior to receiving academy certification;
(d) Identification of the means by which a staff member may demonstrate the minimum standards of competence required pursuant to subsection (2)(c) of this section; and
(e) Identification of training curricula, which must include cultural competency for providers.
(3) No later than July 1, 2025, the state department shall develop a system to establish and monitor quality standards for residential child care providers, including clinical care for children and youth in residential treatment settings, and ensure the quality standards are implemented into all levels of care that serve children and youth in out-of-home placement.
(4) No later than July 1, 2026, the state department shall develop a system to incentivize residential child care providers to implement quality standards above the minimum standards established by the state department pursuant to subsection (3) of this section.
(5) No later than July 1, 2026, the state department shall make publicly available on the state department's website a directory of each residential child care provider's quality assurance.
(6) (a) No later than January 1, 2025, the state department shall collect data from residential child care providers on the reasons providers deny, or are unable to provide, residential child care services to children and youth.
(b) Upon implementation of the behavioral health capacity tracking system created pursuant to section 27-60-104.5, the behavioral health administration shall provide to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, a report on residential child care provider denials of care.
(7) No later than July 1, 2026, and each July thereafter, the state department shall submit an annual report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, on the implementation of quality standards developed pursuant to subsection (3) of this section.
(8) Each local education provider is responsible for ensuring a child residing within its district receives free and appropriate public education that is consistent with all applicable federal and state statutes, rules, and regulations.
(9) As used in this section, unless the context otherwise requires:
(a) Academy means the residential child care provider training academy created in subsection (1) of this section.
(b) Child or youth means an individual who is less than twenty-one years of age.
Source: L. 2024: Entire section added, (HB 24-1038), ch. 459, p. 3178, � 2, effective June 6.