As used in this part 1, unless the context otherwise requires:
(1) Applicant means an individual or a family who submits an application to the Colorado child care assistance program.
(1.5) Child care assistance program or CCCAP means the public assistance program for child care known as the Colorado child care assistance program established in this part 1.
(2) Colorado universal preschool program means the state preschool program established in part 2 of this article 4.
(3) County department means the county or district department of human or social services.
(3.5) Customer service means activities that provide one-on-one support for families in submitting applications and navigating services, and providing access to transparent and easy-to-understand consumer education resources for the Colorado child care assistance program.
(4) Early care and education provider means a school district or provider that is licensed pursuant to part 3 of article 5 of this title 26.5 or that participates in the Colorado preschool program pursuant to article 28 of title 22, as it existed prior to July 1, 2023, or the Colorado universal preschool program pursuant to part 2 of this article 4.
(5) Enrollment contract means a contractual agreement directly with a provider or network that assures a specified number of child care service enrollments will be made available to serve a specified number of children who qualify for child care assistance. Enrollment contracts are an allowable use of federal child care funds.
(6) Head start program means a program operated by a local public or private nonprofit agency designated by the federal department of health and human services to operate a head start program pursuant to the provisions of Title V of the federal Economic Opportunity Act of 1964, as amended.
(7) High-quality early childhood program means a program that is operated by a provider with a fiscal agreement through CCCAP and that is in the top three levels of the state's quality rating and improvement system, is accredited by a department-approved accrediting body, or is an early head start or head start program that meets federal standards.
(8) Participant means a participant, as defined in section 26-2-703 (15), in the Colorado works program.
(9) Provider means a child care provider licensed pursuant to part 3 of article 5 of this title 26.5 that has an agreement or enrollment contract to participate in the child care assistance program.
(10) Recipient means an individual or a family who is receiving or has received benefits from the Colorado child care assistance program pursuant to the provisions of this part 1.
(11) Regular provider reimbursement rate means the base rate paid for child care and excludes any additional payment for additional fees that are included in the reimbursement paid to providers.
(12) Works program means the Colorado works program established pursuant to part 7 of article 2 of title 26.
Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 660, � 3, effective July 1. L. 2024: (1) amended and (1.5) and (3.5) added, (HB 24-1223), ch. 390, p. 2696, � 3, effective June 4.
Editor's note: This section is similar to former � 26-2-802.5 as it existed prior to 2022.
Cross references: For the legislative declaration in HB 24-1223, see section 1 of chapter 390, Session Laws of Colorado 2024.
26.5-4-104. Colorado child care assistance program - department authority - cooperation with federal government - acceptance and administration of money. (1) The department is the sole state agency for administering the state plan for the Colorado child care assistance program. The department, under the supervision of the executive director, shall administer and supervise the Colorado child care assistance program, which program is declared to be a state as well as a county purpose.
(2) (a) The department may accept on behalf of the state of Colorado the provisions and benefits of acts of congress designed to provide money or other property for the Colorado child care assistance program, which money or other property is designated for purposes within the function of the department, and may accept on behalf of the state any offers that have been or may from time to time be made of money or other property by any persons, agencies, or entities for the Colorado child care assistance program, which money or other property is designated for purposes within the function of the department; except that, unless otherwise expressly provided by law, the department shall not accept said money or other property unless the department has recommended acceptance to and received the written approval of the governor and the attorney general. Approval of the governor and the attorney general authorizes the acceptance of the money or property in accordance with the restrictions and conditions and for the purposes for which the money or property is intended.
(b) The state treasurer is designated as ex officio custodian of all money that the department receives pursuant to this subsection (2) from the federal government and from any other source for which the approval required in subsection (2)(a) of this section is obtained.
(c) The state treasurer shall hold money received pursuant to this subsection (2) separate and distinct from state money and is authorized to make disbursements of the money for the designated purpose or for administrative costs, which may be provided in grants, upon warrants issued by the state controller upon the voucher of the department.
(3) The department shall cooperate with the federal department of health and human services and other federal agencies in any reasonable manner, in conformity with the laws of this state, which may be necessary to qualify for federal aid, including the preparation of state plans, the making of reports in such form and containing such information as a federal agency may from time to time require, and the compliance with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of the reports.
(4) In administering money appropriated or made available to the department for the Colorado child care assistance program, the department is authorized to:
(a) Require as a condition for receiving grants-in-aid that each county in this state bear the proportion of the total expense of furnishing child care assistance as is fixed by law;
(b) Terminate grants-in-aid to a county of this state if the county does not comply with the laws and rules providing the grants-in-aid and the minimum standards prescribed by department rules;
(c) Undertake immediately the administration of child care assistance within a county of this state that has had any or all of its grants-in-aid terminated pursuant to subsection (4)(b) of this section; except that the county shall continue to meet the requirements of subsection (4)(a) of this section;
(d) Recover any money owed by a county to the state by reducing the amount of any payments due from the state in connection with CCCAP; and
(e) Take any other action that may be necessary or desirable for carrying out the provisions of this part 1.
Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 662, � 3, effective July 1. L. 2023: (2)(a) amended, (HB 23-1301), ch. 303, p. 1834, � 58, effective August 7.