(1) The bilingual licensing unit is created in the department to facilitate the satisfaction of the department's duties described in section 26.5-5-309 (7).
(2) For the 2024-25 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate two hundred thirty-five thousand dollars to the department from the general fund to pay costs associated with the activities of the bilingual licensing unit created in subsection (1) of this section.
Source: L. 2024: Entire section added, (HB 24-1009), ch. 472, p. 3320, � 5, effective June 6.
Cross references: For the legislative declaration in HB 24-1009, see section 1 of chapter 472, Session Laws of Colorado 2024.
26.5-5-331. Outdoor nature-based preschool programs - child care centers - rules - definition. (1) No later than December 31, 2025, the executive director shall promulgate rules for child care centers that operate as outdoor nature-based preschool programs. Rules promulgated pursuant to this section must include, but are not limited to:
(a) Land-use agreement requirements for outdoor programs operating on public or private land;
(b) Policies for site-specific alternative shelter plans. An alternative shelter may include, but need not be limited to, a covered pavilion, building, tarp, or vehicle. For emergency circumstances, outdoor programs are not required to seek alternative shelter in licensed child care center buildings.
(c) Policies for site-specific risk mitigation plans;
(d) Policies for site-specific emergency and disaster preparedness plans;
(e) Policies for site-specific evacuation plans; and
(f) Policies and procedures for outdoor programs to opt out of certain department requirements through the site-specific risk mitigation plan described in subsection (1)(c) of this section. The policies and procedures must include guidance on the departmental evaluation and approval of the site-specific risk mitigation plan based on the geographic location of the outdoor program, the ages of the children participating, and the ability of the outdoor program to demonstrate adequate safety measures to protect children.
(2) (a) The department shall provide training to licensing staff who oversee site inspections for outdoor programs. The training must include information on how to:
(I) Interpret site-specific plans;
(II) Conduct inspections of site-specific outdoor programs;
(III) Communicate with local fire departments that inspect outdoor programs; and
(IV) Communicate with the department of public health and environment staff who inspect outdoor programs.
(b) Beginning December 1, 2026, the department shall provide training to outdoor program operators and staff on how to implement and operate outdoor programs in Colorado. The department shall collaborate with existing outdoor programs to create and implement the training using a benefit-risk assessment.
(3) The department shall collaborate with:
(a) Local fire departments on fire prevention and protection requirements for outdoor programs; and
(b) The department of public health and environment on sanitary standards for outdoor programs.
(4) For the 2024-25 fiscal year, and each fiscal year thereafter through the 2026-27 fiscal year, the general assembly shall appropriate thirty thousand dollars from the child care licensing cash fund created in section 26.5-5-311 (4) to the department to implement the outdoor programs.
(5) As used in this section, unless the context otherwise requires, benefit-risk assessment means a process to identify hazards and risks for play elements in outdoor nature-based preschool programs and the creation of a plan to mitigate a child's risk of injury while maintaining developmental benefits for children.
Source: L. 2024: Entire section added, (SB 24-078), ch. 441, p. 3085, � 3, effective August 7.
Cross references: For the legislative declaration in SB 24-078, see section 1 of chapter 441, Session Laws of Colorado 2024.
26.5-5-332. Regulation of child care program fees - complaints - enforcement - definitions. [Editor's note: This section is effective January 1, 2026.]
(1) As used in this section, unless the context otherwise requires:
(a) Child care program means a child care center, family child care home, or neighborhood youth organization.
(b) Child care program application fee or application fee means a sum of money, however denominated, that is charged or accepted by a child care program from a prospective family in connection with the prospective family's submission of a child care program application.
(c) Child care program deposit fee or deposit fee means a sum of money, however denominated, that is charged or accepted by a child care program from a family in connection with the family securing a guaranteed child care position.
(d) Child care program wait list fee or wait list fee means a one-time fee charged or accepted by a child care program from a prospective family in connection with the prospective family joining a wait list for a potential child care position that is not yet available.
(2) (a) If a prospective family pays a child care program a child care program application fee, deposit fee, or wait list fee and is not enrolled in the child care program after six months of paying the fee, the fee is refundable. A child care program may retain a reasonable administrative fee from a refundable fee before issuing a refund to the prospective family. The department shall determine the amount of a reasonable administrative fee in consultation with stakeholders, including families who use child care programs and licensed child care program providers. Refunds may be issued only after the deduction of the reasonable administrative fee. The prospective family must submit a written request to the child care program to receive a refund.
(b) Upon receiving the written request from the prospective family as described in subsection (2)(a) of this section, the child care program shall refund the fees to the prospective family as described in subsection (2)(a) of this section and may remove the prospective family from the wait list.
(c) Prospective families who are offered a child care slot with a child care program and who refuse the child care slot shall not receive a refund as described in subsections (2)(a) and (2)(b) of this section.
(3) (a) If a family enrolls in a child care program and signs a contract with the child care program provider, the terms of the contract, including fees outlined in the contract, are not subject to this section.
(b) A fee to hold a child care slot that has been offered to a family is not subject to this section.
(4) A child care program may charge a child care program deposit fee to a family to secure a guaranteed child care position. The child care program shall credit the deposit fee toward the family's tuition of child care following the acceptance of child care services.
(5) (a) For transparency and accountability to prospective families, a child care program shall provide a fee schedule and the process on fee refunds described in subsection (2) of this section to a prospective family upon:
(I) Joining a wait list;
(II) Registration; and
(III) Request of the family.
(b) For transparency and accountability to an enrolled family, a child care program shall provide a fee schedule and the process on fee refunds described in subsection (2) of this section to an enrolled family upon:
(I) Enrollment;
(II) Amendments to the fee schedule; and
(III) Amendments to the process on fee refunds.
(c) A child care program may publish the fee schedule described in subsections (5)(a) and (5)(b) of this section digitally on the child care program's website.
(6) (a) During an inspection conducted pursuant to section 26.5-5-316 (1), or if a complaint regarding fees is filed with the department through the complaint procedures described in section 26.5-5-316 (1)(b)(II), the department shall determine whether the child care program is complying with the requirements of this section.
(b) If the department finds the child care program is not compliant with this section following the inspection described in subsection (6)(a) of this section, the child care program has thirty days after the date of inspection to comply with the requirements of this section.
(c) If the child care program does not comply with the requirements of this section within thirty days after the date of inspection described in subsection (6)(a) of this section, the department may take further disciplinary action pursuant to section 26.5-5-317 (2). The department shall not take disciplinary action against a child care program that makes a good faith administrative error or is not in compliance for the first time. The department's enforcement shall focus on deliberate violations of this section.
(7) This section does not restrict or affect the powers, duties, or functions of the department as authorized pursuant to this title 26.5.
Source: L. 2025: Entire section added, (SB 25-004), ch. 25, p. 150, � 1, effective January 1, 2026.