(1) Except as otherwise specifically provided in this part 3, a person shall not operate an agency or facility defined in this part 3 without first being licensed by the department to operate or maintain the agency or facility and paying the prescribed fee. A license issued by the department is permanent unless otherwise revoked or suspended pursuant to section 26.5-5-317.
(2) The department may issue a provisional license once for a period of six months to an applicant for an original license, permitting the applicant to operate a family child care home or child care center if the applicant is temporarily unable to conform to all standards required under this part 3, upon proof by the applicant that the applicant is attempting to conform to the standards or to comply with any other requirements. The applicant has the right to appeal any standard that the applicant believes presents an undue hardship or has been applied too stringently by the department. Upon the filing of an appeal, the department shall proceed in the manner prescribed for licensee appeals in section 26.5-5-314 (5).
(3) (a) The department shall not issue a license for a child care center until the facilities to be operated or maintained by the applicant or licensee are approved by the department of public health and environment as conforming to the sanitary standards prescribed by said department pursuant to section 25-1.5-101 (1)(h) and unless the facilities conform to fire prevention and protection requirements of local fire departments in the locality of the facility or, in lieu thereof, of the division of labor standards and statistics in the department of labor and employment.
(b) A child care center that provides child care exclusively to school-age children and operates on the property of a school district, district charter school, or institute charter school may satisfy any fire or radon inspection requirement required by law by providing a copy of a satisfactory fire or radon inspection report of the property of a school district, district charter school, or institute charter school where the child care is provided if the fire or radon inspection report was completed within the preceding twelve months. The department shall not require a duplicate fire or radon inspection if a satisfactory fire or radon inspection report of the property was completed within the preceding twelve months.
(4) (a) (I) The department shall not issue a license to operate a family child care home or a child care center if the applicant for the license, an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been convicted of:
(A) Child abuse, as specified in section 18-6-401;
(B) A crime of violence, as defined in section 18-1.3-406;
(C) Any offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9);
(D) Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3;
(E) Any felony involving physical assault or battery;
(E.5) Any felony involving a drug-related offense within the five years preceding the date of application for a license;
(F) A pattern of misdemeanor convictions, as defined by department rule, within the ten years immediately preceding the date of submission of the application;
(G) Any offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (4)(a)(I)(A) to (4)(a)(I)(F) of this section.
(II) As used in this subsection (4)(a), convicted means a conviction by a jury or by a court and also includes a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.
(b) The department shall determine the convictions identified in subsection (4)(a) of this section according to the records of the Colorado bureau of investigation, the Colorado state courts data access system at the state judicial department, or any other source, as set forth in section 26.5-5-316 (1)(a)(II). A certified copy of the judgment of a court of competent jurisdiction of such conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence of the conviction or agreement. The department shall not issue a license to operate a family child care home or a child care center if the department has a certified court order from another state indicating that the person applying for the license has been convicted of child abuse or any unlawful sexual offense against a child under a law of any other state or the United States, or the department has a certified court order from another state that the person applying for the license has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child.
(5) The department shall not issue a license to operate an agency or facility defined in this part 3 if the person applying for the license or an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility, has been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the applicant is incapable of operating a family child care home or child care center. The record of the determination and entry of the order are conclusive evidence of the determination.
(6) The department and the department of education shall streamline all paperwork that licensed early care and education programs and early childhood educators must complete to meet child care licensing and early childhood educator credentialing compliance requirements. The state agencies shall identify ways to share information and reports across the agencies to reduce the administrative and paperwork burden on early care and education programs and educators. The streamlining process must include a systems scan of programs and initiatives, identification of overlapping reporting requirements, and ways to reduce the administrative and paperwork burden on programs and educators.
(7) (a) The department shall, to the extent practicable, provide essential resources in prevalent languages to help child care providers and prospective providers complete the necessary paperwork to meet child care licensing compliance requirements. The department shall review existing resources and ensure that the English versions are written in plain language to facilitate the translation of these resources into prevalent languages. The department may provide essential resources in additional languages as needed in order to meet the needs of Colorado communities, subject to available appropriations.
(b) The department shall, to the extent practicable, engage in outreach and maintain communications in prevalent languages with local stakeholders who provide, are considering providing, or advocate on behalf of those providing licensed early care and education programs to foster a more culturally and linguistically diverse provider population.
(c) The department shall provide services in prevalent languages to individuals seeking to open or otherwise participate in the operation of an early childhood program or facility licensed by the department.
(d) (I) The department shall update its mobile licensing application to provide essential information in prevalent languages in accordance with the requirements of this subsection (7). For the 2024-25 state fiscal year, the general assembly shall appropriate forty-five thousand dollars to the department from the general fund to pay costs associated with this subsection (7)(d).
(II) This subsection (7)(d) is repealed, effective June 20, 2026.
(e) (I) On or before March 30, 2026, the department shall submit a report to the joint budget committee, the health and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees, concerning barriers faced by individuals who speak a language other than English in becoming licensed child care providers.
(II) This subsection (7)(e) is repealed, effective June 20, 2026.
Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 737, � 3, effective July 1. L. 2023: (4)(a)(I)(E) and (4)(b) amended and (4)(a)(I)(E.5) added, (HB 23-1235), ch. 434, p. 2549, � 14, effective June 7; (5) amended, (HB 23-1301), ch. 303, p. 1836, � 63, effective August 7. L. 2024: (7) added, (HB 24-1009), ch. 472, p. 3319, � 4, effective June 6.
Editor's note: This section is similar to former � 26-6-104 as it existed prior to 2022.
Cross references: For the legislative declaration in HB 24-1009, see section 1 of chapter 472, Session Laws of Colorado 2024.
26.5-5-310. Compliance with local government zoning regulations - notice to local governments - provisional licensure - rules. (1) (a) The department shall require any child care facility seeking licensure pursuant to section 26.5-5-309 to comply with any applicable zoning and land use development regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning and land use regulations constitutes grounds for the denial of a license to a facility.
(b) Notwithstanding subsection (1)(a) of this section to the contrary, the availability of safe, affordable, and licensed family child care homes is a matter of statewide concern. Therefore, permitting fragmented regulation among jurisdictions impedes and infringes upon the department's appropriate and consistent licensing and regulation of family child care homes throughout the state. Accordingly, local governing authorities shall treat family child care homes as residential property use in the application of local regulations, including zoning, land use development, fire and life safety, sanitation, and building codes. Local governing authorities shall not impose any additional regulations governing family child care homes that do not also apply to other residential properties, provided that the foregoing does not restrict an authority's ability to prohibit, on a case-by-case basis, the operation in immediately adjacent residences of two or more large family child care homes, as that term is defined by department rules that govern the operation of family child care homes, or to manage the flow of traffic and parking related to adjacent large family child care homes. Residential use of property for zoning purposes includes all forms of residential zoning and, specifically, although not exclusively, single-family residential zoning.
(2) The department shall assure that timely written notice is provided to the municipality, city and county, or county where a child care facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs:
(a) A person applies for a license to operate a child care facility pursuant to section 26.5-5-309; or
(b) A license is granted to operate a child care facility pursuant to section 26.5-5-309.
(3) Notwithstanding any other provision of law, in the event of a zoning or other delay or dispute between a child care facility and the municipality, city and county, or county where the facility is situated, the department may grant a provisional license to the facility for up to six months pending resolution of the delay or dispute.
Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 743, � 3, effective July 1.
Editor's note: The provisions of this section are similar to several former provisions of � 26-6-104.5 as they existed prior to 2022. For a detailed comparison, see the comparative tables located in the back of the index.
26.5-5-311. Fees - when original applications, reapplications, and renewals for licensure are required - creation of child care licensing cash fund - rules. (1) (a) The department is authorized to establish, pursuant to rules promulgated by the executive director, permanent, time-limited, and provisional license fees and fees for continuation of a license for the following types of child care arrangements:
(I) Family child care homes, including any special type of family child care home designated by department rules pursuant to section 26.5-5-314 (2)(n);
(II) Child care centers;
(III) Children's resident camps; and
(IV) Substitute placement agencies.
(b) The department may also establish fees pursuant to rules promulgated by the executive director for the following situations:
(I) Issuance of a duplicate license;
(II) Change of license due to an increase in licensing capacity or a change in the age of children served;
(III) Obtaining the criminal record of an applicant and any person living with or employed by the applicant, which may include costs associated with the taking of fingerprints;
(IV) Checking the records and reports of child abuse or neglect maintained by the state department of human services for an owner, employee, or resident of a facility or agency or an applicant for a license to operate a facility or agency;
(V) Filing of appeals;
(VI) Duplication of licensing records for the public;
(VII) Duplication of licensing records in electronic format for the public; and
(VIII) Insufficient funds payment and collection of overdue fees and fines.
(c) The fees established pursuant to this subsection (1) must not exceed the direct and indirect costs incurred by the department. The department shall develop and implement an objective and systematic approach for setting, monitoring, and revising child care licensing fees by developing and using an ongoing method to track all direct and indirect costs associated with child care inspection licensing, developing a methodology to assess the relationship between licensing costs and fees, and annually reassessing costs and fees and reporting the results to the executive director. In developing a fee schedule, the department should consider the licensed capacity of facilities and the time needed to license facilities.
(2) (a) The fees specified in subsection (1) of this section must be paid when an application is submitted for a license or renewal of a license and are not subject to refund. Applications for licenses are required in the situations that are set forth in subsection (2)(b) of this section and must be made on forms prescribed by the department. Each completed application must set forth such information as required by the department. All licenses continue in force until revoked, surrendered, or expired.
(b) (I) An original application and fee are required:
(A) When an individual, partnership, corporation, or association plans to open a child care center or children's resident camp;
(B) When the child care center or children's resident camp plans to move the center or facility to a different building at a different location;
(C) When the management or governing body of a child care center or children's resident camp is acquired by a different individual, association, partnership, or corporation;
(D) When a change occurs in the operating entity of a child care center or children's resident camp resulting in a new federal employee identification number; except that, if the reason for the issuance of a new federal employee identification number is solely due to a change in the corporate structure of the operating entity and either the management or governing body of the entity remains the same as originally licensed and the entity is operating in the same facility or facilities as originally licensed, the department shall treat the entity's status as a renewal and assess the applicable renewal fee. Only newly hired employees are required to undergo criminal background checks as required in section 26.5-5-316.
(E) When a family or person plans to open a family child care home, including any special type of family child care home designated by department rules pursuant to section 26.5-5-314 (2)(n);
(F) When a family or person who operates a family child care home, including any special type of family child care home designated by department rules pursuant to section 26.5-5-314 (2)(n), moves to a new residence.
(II) The department may require and receive a reapplication and fee in the manner specified in department rules.
(3) This section does not prevent a city or city and county from imposing fees in addition to those fees specified under this section.
(4) The department shall transmit all fees collected pursuant to this section to the state treasurer, who shall credit the fees to the child care licensing cash fund, which is hereby created. The general assembly shall make annual appropriations from the child care licensing cash fund for expenditures incurred by the department in the performance of its duties under this part 3. The treasurer shall credit to the fund all interest derived from the deposit and investment of money in the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.
Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 744, � 3, effective July 1. L. 2023: (1)(a)(I) and (2)(a) amended, (HB 23-1235), ch. 434, p. 2549, � 15, effective June 7.
Editor's note: This section is similar to former � 26-6-105 as it existed prior to 2022.