Public preschool providers are subject to the requirements of this part 3. Because of the unique circumstances presented by preschool classrooms provided by school districts and charter schools, which circumstances do not arise in classrooms for older children and youth, the department shall license public preschool providers only to protect the health and safety of children in public preschool classrooms. Notwithstanding any provision of this part 3 to the contrary, licensing for public preschool providers must focus only on those aspects of the preschool program and environment that affect children's health and safety and are not already actively regulated by other federal or state agencies or departments. The department shall align any requirements for the license related to qualifications or credentialing of program staff with the requirements for an early childhood endorsement for a license issued by the department of education pursuant to article 60.5 of title 22.
Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 730, � 3, effective July 1.
26.5-5-306. Substitute child care providers - substitute placement agency - licensing - rules. (1) Substitute placement agencies are subject to the requirements of this part 3. The department shall license substitute placement agencies to place or facilitate or arrange for the placement of short-term and long-term substitute child care providers in licensed facilities providing less than twenty-four-hour care.
(2) The executive director shall promulgate rules for substitute placement agencies and substitute child care providers. At a minimum, the rules must require that the substitute child care provider demonstrate that the provider has the training and certification for the child care license type and position in which the substitute child care provider is placed. Pursuant to section 26.5-5-316 (1)(a)(I)(C), each substitute child care provider shall pay for and submit to a fingerprint-based criminal history record check and a review of the records and reports of child abuse or neglect maintained by the state department of human services to determine whether the substitute child care provider has been found to be responsible in a confirmed report of child abuse or neglect. When the results of a fingerprint-based criminal history record check or any other records check performed on a person pursuant to this subsection (2) reveal a record of arrest without a disposition, the department rules shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The substitute placement agency shall not place a substitute child care provider who is convicted of any of the crimes specified in section 26.5-5-309 (4) or 26.5-5-317.
Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 730, � 3, effective July 1; (2) amended, (HB 22-1270), ch. 114, p. 530, � 46, effective April 21.
Editor's note: (1) This section is similar to former � 26-6-103.3 as it existed prior to 2022.
(2) Subsection (2) was numbered as � 26-6-103.3 (2) in HB 22-1270 (See L. 2022, p. 530). That provision was harmonized with subsection (2) of this section as it appears in HB 22-1295.
26.5-5-307. Application of part - guest child care facilities - public services short-term child care facilities - definition. (1) Guest child care facilities and public services short-term child care facilities are subject only to the requirements of this section and are otherwise excluded from the requirements of this part 3. Each guest child care facility and each public services short-term child care facility shall post a notice in bold print and in plain view on the premises of the child care facility. The notice must specify the telephone number and address of the appropriate division within the department for investigating child care facility complaints and must state that any complaint about the guest child care facility's or the public services short-term child care facility's compliance with these requirements should be directed to such division.
(2) A person or entity shall not operate a guest child care facility or a public services short-term child care facility unless the following requirements are met:
(a) The guest child care facility or public services short-term child care facility is inspected not less frequently than one time per year by the department of public health and environment, and it conforms to the sanitary standards prescribed by such department under the provisions of section 25-1.5-101 (1)(h);
(b) The guest child care facility or public services short-term child care facility is inspected not less frequently than one time per year by the local fire department, and it conforms to the fire prevention and protection requirements of the local fire department in the locality of the facility, or in lieu thereof, the division of labor standards and statistics;
(c) The guest child care facility or public services short-term child care facility retains, on the premises at all times, the records of the inspections required by subsections (2)(a) and (2)(b) of this section for the current calendar year and the immediately preceding calendar year;
(d) The guest child care facility or public services short-term child care facility retains, on the premises at all times, a record of children cared for over the course of the current calendar year and the immediately preceding calendar year;
(e) At least one supervisory employee is on duty at the guest child care facility or public services short-term child care facility at all times when the facility is operating;
(f) (I) The guest child care facility or public services short-term child care facility requires all supervisory employees of the guest child care facility or public services short-term child care facility and applicants for supervisory employee positions at the guest child care facility or public services short-term child care facility to obtain a fingerprint-based criminal history check utilizing the Colorado bureau of investigation and, for supervisory employees hired on or after August 10, 2011, the federal bureau of investigation and requests the department to ascertain whether the person being investigated has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4)(a)(I) or whether the person has been determined to have a pattern of misdemeanor convictions as described in section 26.5-5-309 (4)(a)(I)(F) and the guest child care facility or public services short-term child care facility prohibits the hiring of any such person as a supervisory employee or terminates the employment of any such person as a supervisory employee upon confirmation of such a criminal history;
(II) The guest child care facility or public services short-term child care facility requests the department to access records and reports of child abuse or neglect to determine whether the supervisory employee or applicant for a supervisory employee position has been found to be responsible in a confirmed report of child abuse or neglect and the guest child care facility or public services short-term child care facility prohibits the hiring of any such person as a supervisory employee or terminates the employment of any such person as a supervisory employee. Information shall be made available pursuant to section 19-1-307 (2)(r) and rules promulgated by the state board of human services pursuant to section 19-3-313.5 (4).
(III) (A) The guest child care facility or public services short-term child care facility requests the department to obtain a comparison search on the Colorado state courts data access system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the department determines is appropriate, whether or not the criminal history background check confirms a criminal history, in order to determine the crime or crimes, if any, for which the supervisory employee or applicant for a supervisory employee position was arrested or convicted and the disposition thereof; and
(B) The guest child care facility or public services short-term child care facility requests the department to obtain such information concerning the supervisory employee or applicant for a supervisory employee position from any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the executive director;
(IV) When the results of a fingerprint-based criminal history record check or any other records check performed pursuant to this subsection (2)(f) reveal a record of arrest without a disposition, the guest child care facility or public services short-term child care facility shall require the supervisory employee or applicant for a supervisory employee position to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d);
(g) (I) The guest child care facility or public services short-term child care facility requires all other employees of the guest child care facility or public services short-term child care facility to obtain a fingerprint-based criminal history check utilizing the Colorado bureau of investigation and, for employees hired on or after August 10, 2011, the federal bureau of investigation and requests the department to ascertain whether the person being investigated has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4)(a)(I) or whether the person has been determined to have a pattern of misdemeanor convictions as described in section 26.5-5-309 (4)(a)(I)(F) and the guest child care facility or public services short-term child care facility terminates the employment of any such person as an employee upon confirmation of such a criminal history;
(II) The guest child care facility or public services short-term child care facility requests the department to access records and reports of child abuse or neglect to determine whether the employee has been found to be responsible in a confirmed report of child abuse or neglect and the guest child care facility or public services short-term child care facility terminates the employment of any such person. Information shall be made available pursuant to section 19-1-307 (2)(r) and rules promulgated by the state board of human services pursuant to section 19-3-313.5 (4).
(III) (A) The guest child care facility or public services short-term child care facility requests the department to obtain a comparison search on the Colorado state courts data access system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the department determines is appropriate, whether or not the criminal history background check confirms a criminal history, in order to determine the crime or crimes, if any, for which the employee was arrested or convicted and the disposition thereof; and
(B) The guest child care facility or public services short-term child care facility requests the department to obtain such information concerning the employee from any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the executive director; and
(h) The guest child care facility or public services short-term child care facility maintains the following employee-to-child ratios at all times when the facility is operating:
(I) One child care facility employee for every five children ages six weeks to eighteen months;
(II) One child care facility employee for every five children ages twelve months to thirty-six months;
(III) One child care facility employee for every seven children ages twenty-four months to thirty-six months;
(IV) One child care facility employee for every eight children ages two and one-half years to three years;
(V) One child care facility employee for every ten children ages three years to four years;
(VI) One child care facility employee for every twelve children ages four years to five years;
(VII) One child care facility employee for every fifteen children ages five years of age and older; and
(VIII) One child care facility employee for every ten children in a mixed age group, ages two and one-half years to six years.
(3) In addition to the requirements specified in subsection (2) of this section, a public services short-term child care facility shall ensure that at least one employee is on duty at the facility at all times when the facility is operating who holds a current department-approved first aid and safety certificate that includes certification in cardiopulmonary resuscitation training for all ages of children.
(4) (a) If the guest child care facility or public services short-term child care facility refuses to hire a supervisory employee or terminates the employment of a supervisory employee as a result of information disclosed in an investigation of the supervisory employee or applicant for a supervisory position pursuant to subsection (2)(f) of this section, the guest child care facility or public services short-term child care facility shall not be subject to civil liability for such refusal to hire.
(b) If the guest child care facility or public services short-term child care facility terminates the employment of an employee as a result of the information disclosed in an investigation of the employee pursuant to subsection (2)(g) of this section, the guest child care facility or public services short-term child care facility shall not be subject to civil liability for such termination of employment.
(5) A guest child care facility employee or supervisory employee applicant who has obtained a fingerprint-based criminal history check pursuant to subsection (2)(f) or (2)(g) of this section, or pursuant to subsection (6) of this section, is not required to obtain a new fingerprint-based criminal history check if the employee or applicant returns to a guest child care facility to work in subsequent seasons. The department shall maintain the results of the initial background check and receive subsequent notification of activity on the record for the purpose of redetermining, if necessary, whether the employee or supervisory employee applicant has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4)(a)(I), or whether the employee or supervisory employee applicant has a pattern of misdemeanor convictions as described in section 26.5-5-309 (4)(a)(I)(F), and the guest child care facility shall contact the department for information concerning subsequent convictions, if any, prior to rehiring such employee.
(6) The requirements of subsections (2)(f) and (2)(g) of this section do not apply to those employees of guest child care facilities concerning whom criminal history background checks were conducted on or after July 1, 2001, and before July 1, 2002, for purposes of state child care licensure requirements.
(7) As used in this section, a guest child care facility does not include a ski school. As used in this section, ski school means a school located at the ski area in which the guest child care facility is located for purposes of teaching children how to ski or snowboard.
(8) The department is authorized to receive, respond to, and investigate any complaint concerning compliance with the requirements set forth in this part 3 for a guest child care facility or a public services short-term child care facility.
Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 730, � 3, effective July 1; (2)(f)(IV) amended, (HB 22-1270), ch. 114, p. 530, � 47, effective April 21. L. 2023: (2)(f)(III)(A) and (2)(g)(III)(A) amended, (HB 23-1235), ch. 434, p. 2548, � 12, effective June 7.
Editor's note: (1) This section is similar to former � 26-6-103.5 as it existed prior to 2022.
(2) Subsection (2)(f)(IV) was numbered as � 26-6-103.5 (2)(f)(V) in HB 22-1270 (See L. 2022, p. 530). That provision was harmonized with subsection (2)(f)(IV) of this section as it appears in HB 22-1295.
26.5-5-308. Application of part - neighborhood youth organizations - rules - licensing - duties and responsibilities - definitions. (1) Notwithstanding any provision of this part 3 to the contrary, a neighborhood youth organization that is not otherwise licensed to operate under this part 3 may obtain a neighborhood youth organization license pursuant to this section. A neighborhood youth organization that obtains a license pursuant to this section is subject only to the requirements of this section and is otherwise exempt from the requirements of this part 3.
(2) The executive director shall promulgate rules to establish a neighborhood youth organization license, including but not limited to the fee required to apply for and obtain the license. The rules shall not concern staff-to-youth ratios.
(2.5) The neighborhood youth organization's programs and services must occur primarily in a facility the neighborhood youth organization leases or owns or has been granted use of or access to.
(3) A neighborhood youth organization licensed pursuant to this section and operating in the state of Colorado has the following duties and responsibilities:
(a) To inform a parent or legal guardian of the requirements of this subsection (3) and to post a notice in bold print and in plain view on the premises of the facility in which the neighborhood youth organization operates that lists the following information:
(I) The requirements of this subsection (3); and
(II) The telephone number and address of the appropriate division within the department for investigating complaints concerning a neighborhood youth organization, with the instruction that any complaint regarding the neighborhood youth organization's compliance with these requirements be directed to that division;
(b) Prior to admitting an interested youth member into the neighborhood youth organization, to require the youth member's parent or legal guardian to sign a statement authorizing the youth member to participate in the programs and services of the neighborhood youth organization;
(c) To establish a process to receive and resolve complaints from parents or legal guardians;
(d) To establish a process to report known or suspected child abuse or neglect to appropriate authorities pursuant to section 19-3-304;
(e) To maintain, either at the neighborhood youth organization or at a central administrative facility, records for each youth member admitted into the neighborhood youth organization containing, at a minimum, the following information:
(I) The youth member's full name;
(II) The youth member's date of birth;
(III) The name, address, and telephone number of a parent or legal guardian of the youth member;
(IV) The name and telephone number of at least one emergency contact person for the youth member; and
(V) A parent's or legal guardian's written authorization for the youth member to attend the neighborhood youth organization;
(f) To require a youth member's parent or legal guardian to sign a statement authorizing the neighborhood youth organization to provide transportation prior to field trips or to and from the neighborhood youth organization;
(g) To follow the requirements specified in subsection (4) of this section for a fingerprint-based or other criminal history record check of each employee and volunteer who works with or will work with youth members five or more days in a calendar month;
(h) To offer programs and services that are evidence- or research-based, age-appropriate, and foster supportive relationships with peers and adults while offering character and leadership development, academic supports, job skills training, behavioral health supports, health and nutrition services, and other critical resources and services that a community identifies as necessary; and
(i) To serve all children, youth, and families, but with a focus on programs and services that ensure affordable access for low-income populations.
(3.4) To protect the safety of youth members, a neighborhood youth organization may create an electronic or written process to record the daily arrival and departure times of youth members in order to:
(a) Track attendance;
(b) Assess the impact of programs and services on youth members; and
(c) Ensure the neighborhood youth organization operates in the best interest and safety of youth members.
(3.5) (a) To protect the safety of youth members, each neighborhood youth organization shall maintain a complete set of records for youth members and personnel. Each neighborhood youth organization shall maintain the confidentiality of the following records, and such records are not subject to review by the public:
(I) Information identifying a youth member or a youth member's family;
(II) Scholastic, health, and social or psychological records, which are available only to the youth member to whom the records pertain or the youth member's parent or legal guardian;
(III) Personal references for personnel as requested by the state department; and
(IV) Reports and records received from other agencies, including police and child protection investigation reports.
(b) If a central administrative facility retains records in a central file for more than one neighborhood youth organization, duplicate copies of the information described in subsections (3)(e) and (3.5)(a) of this section for youth members and personnel must also be maintained at the neighborhood youth organization location that the youth member attends and to which the staff member is assigned.
(c) Each neighborhood youth organization or central administrative facility shall maintain all required records for at least three years, including confidential records.
(d) Notwithstanding subsection (3.5)(a) of this section to the contrary, each neighborhood youth organization or central administrative facility shall make the records of personnel or youth members available upon request to authorized personnel of the state department pursuant to section 19-1-307 (2)(j.7).
(e) Neighborhood youth organizations shall cooperate with all state and local investigations regarding incidents, including but not limited to licensing violations, child abuse, and incidents affecting the health, safety, and welfare of youth members.
(f) Records concerning the licensing of neighborhood youth organization facilities and agencies are open to the public. A person who wishes to review a record must submit a written request to the state department.
(4) A licensed neighborhood youth organization shall require all employees and volunteers who work directly with or will work directly with youth members five or more days in a calendar month to obtain, prior to employment, and every two years thereafter, one of the following:
(a) A fingerprint-based criminal history records check utilizing the Colorado bureau of investigation and request the department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
(b) A federal bureau of investigation fingerprint-based criminal history records check utilizing the Colorado bureau of investigation if the employee, volunteer, or applicant has resided in the state of Colorado less than two years. The neighborhood youth organization shall request the department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
(c) A comparison search by the department on the Colorado state courts data access system of the state judicial department or a comparison search on any other database that is recognized on a statewide basis by using the name, date of birth, and social security number information that the department determines is appropriate to determine whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
(d) A separate background check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681 et seq., that must disclose, at a minimum, sexual offenders and felony convictions and include a social security number trace, a national criminal file check, and a state or county criminal file search. The separate background check must ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
(5) A person who visits or takes part in the activities of a licensed neighborhood youth organization but who is not required to obtain a criminal history record check pursuant to subsection (4) of this section must at all times be under the supervision of an employee or volunteer who has been hired or approved after obtaining a criminal history record check pursuant to subsection (4) of this section.
(6) The governing board of each licensed neighborhood youth organization shall adopt minimum standards for operating the licensed neighborhood youth organization, including but not limited to standards regarding operations, health and safety, financial responsibilities, and personnel. The personnel standards must address employee and volunteer screening practices, training practices, insurance coverage, and regular assessment practices for the health and safety of youth, facilities, and child abuse prevention, which may include mandated reporting requirements, audits, and fees.
(7) The department is authorized to receive, respond to, and investigate any complaint concerning compliance with the requirements set forth in this section for a licensed neighborhood youth organization.
(8) A licensed neighborhood youth organization is not required to obtain or keep on file immunization records for youth members participating in the organization's activities.
(9) As used in this section, unless the context otherwise requires:
(a) Employee means a paid employee of a neighborhood youth organization who is eighteen years of age or older.
(b) Volunteer means a person who volunteers assistance to a neighborhood youth organization and who is eighteen years of age or older.
Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 735, � 3, effective July 1; (3)(b), (3)(f), and (6) amended and (2.5), (3)(h), (3)(i), (3.4), and (3.5) added, (SB 22-064), ch. 22, p. 145, � 2, effective March 17. L. 2023: (4)(c) amended, (HB 23-1235), ch. 434, p. 2548, � 13, effective June 7.
Editor's note: (1) This section is similar to former � 26-6-103.7 as it existed prior to 2022.
(2) Subsections (2.5), (3)(b), (3)(f), (3)(h), (3)(i), (3.4), (3.5), and (6) were numbered as � 26-6-103.7 (2.5), (3)(b), (3)(f), (3)(h), (3)(i), (3.4), (3.5), and (6), respectively, in SB 22-064 (See L. 2022, p. 145). Those provisions were harmonized with subsections (2.5), (3)(b), (3)(f), (3)(h), (3)(i), (3.4), (3.5), and (6) of this section as they appear in HB 22-1295.