C.R.S. § 26.5-4-209 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-209
26.5-4-209. Preschool programs cash fund - created - use - repeal
Status: repealed

26.5-4-209. Preschool programs cash fund - created - use - repeal. (1) (a) The preschool programs cash fund is created in the state treasury. The fund consists of money credited to the fund pursuant to section 24-22-118 (2), money transferred to the fund pursuant to section 39-28-116 (6), and any additional money the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the preschool programs cash fund to the fund. The general assembly shall annually appropriate money in the preschool programs cash fund to the department to implement the preschool program.

(b) (Deleted by amendment, L. 2023.)

(2) In addition to the money appropriated from the fund, the department may seek, accept, and expend public and private gifts, grants, and donations to implement the preschool program.

(3) (a) The department shall prioritize the use of money appropriated from the preschool programs cash fund to provide funding for ten hours of voluntary preschool services per week, at no charge, to Colorado children during the school year preceding the school year in which a child is eligible to enroll in kindergarten, to provide funding for preschool services for children with disabilities, and to provide funding for preschool services for eligible children who are three years of age or younger as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV).

(b) The department may use the remaining money annually appropriated from the preschool programs cash fund after the uses described in subsection (3)(a) of this section to provide additional preschool services for children who are in low-income families or who meet at least one qualifying factor.

(4) In furtherance of the purposes set forth in subsection (3) of this section and to meet an expansion of preschool populations, in addition to the use described in subsection (3)(b) of this section, the department may use the remaining money annually appropriated from the preschool programs cash fund after meeting the uses described in subsection (3)(a) of this section to ensure the availability of quality, voluntary preschool services provided through a mixed delivery system by means the department deems appropriate, including:

(a) Recruiting, training, and retaining early childhood education professionals;

(b) Expanding or improving the staff, facilities, equipment, technology, and physical infrastructure of preschool providers to increase preschool access;

(c) Parent and family outreach to facilitate timely and effective enrollment; and

(d) Such other uses as are consistent with and further the purpose of the preschool program.

(5) The department may use money appropriated from the preschool programs cash fund for the administrative costs of local coordinating organizations.

(5.5) The general assembly shall not appropriate the full balance of the preschool programs cash fund prior to the start of a state fiscal year. The unappropriated balance in the preschool programs cash fund at the start of the fiscal year is the reserve. The department may submit a request for a supplemental appropriation from the preschool programs cash fund reserve to the joint budget committee pursuant to section 2-3-208 (3)(a) and (3)(b)(II).

(6) (a) and (b) Repealed.

(c) On April 1, 2024, the state treasurer shall transfer three million two hundred seventy-five thousand dollars from the unexpended and unencumbered money in the preschool programs cash fund to the information technology capital account in the capital construction fund created in section 24-75-302 (3.7). This subsection (6)(c) is repealed, effective February 1, 2025.
C.R.S. § 26.5-4-304 — CO Code / Title 26.5 / Article 4 / Part 3 / Section 26.5-4-304
26.5-4-304. Repeal of part
Status: repealed

26.5-4-304. Repeal of part. This part 3 is repealed, effective July 1, 2029.
C.R.S. § 26.5-4-110 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-110
26.5-4-110. Funding - allocation - maintenance of effort - allocation committee - rules
Status: in_force

26.5-4-110. Funding - allocation - maintenance of effort - allocation committee - rules. (1) There is created the child care assistance program allocation committee consisting of eleven members, eight of whom are appointed by a statewide association of counties and three of whom are appointed by the department. Of the members appointed by the statewide association of counties, at least two members must be from small or medium-sized counties and at least three must be from large counties, one appointee of whom must be a representative from the county that has the greatest percentage of the state's child care assistance program caseload. The appointing authorities shall consult with each other to ensure that the child care assistance program allocation committee is representative of the counties in the state. The child care assistance program allocation committee shall develop its own operational procedures.

(2) (a) Starting with the 2023-24 state fiscal year, and subject to available appropriations, the department, upon receiving recommendations from the child care assistance program allocation committee, shall annually establish the amount of each county's block grant for CCCAP based on an allocation formula agreed upon by the department and the child care assistance program allocation committee. Counties are only required to spend the state CCCAP allocation and the maintenance of effort for that allocation.

(b) If the department and the child care assistance program allocation committee do not reach an agreement on the allocation formula on or before June 1 of a state fiscal year for the succeeding state fiscal year, the department and the child care assistance program allocation committee shall submit alternatives to the joint budget committee of the general assembly from which the joint budget committee shall select an allocation formula before the beginning of the succeeding state fiscal year.

(3) The department, after input from the child care assistance program allocation committee, shall adopt rules regarding adjustments to the amount of a block grant, and the rules must address the following factors:

(a) The cost of living;

(b) The cost of high-quality early childhood programs;

(c) The cost of programs;

(d) The regional market rates or costs for CCCAP;

(e) Drastic economic changes;

(f) Geographic differences within a county; and

(g) Other factors as determined by the child care assistance program allocation committee.

(4) The money in a county block grant allocated to a county pursuant to this section must only be used for the provision of child care services pursuant to department rules promulgated pursuant to this part 1.

(5) Money transferred from the county block grant temporary assistance for needy families program pursuant to section 26-2-714 (7) to the child care development fund may be used for child care quality improvement activities as identified in the federal "Child Care and Development Block Grant Act of 2014", 42 U.S.C. sec. 9858e, as amended.

(6) For state fiscal year 2005-06 and for each state fiscal year thereafter, each county is required to meet a level of county spending for CCCAP that is equal to the county's proportionate share of the total county funds set forth in the annual general appropriation act for CCCAP for that state fiscal year. The level of county spending is known as the county's maintenance of effort for CCCAP for that state fiscal year. For any state fiscal year, the department is authorized to adjust a county's maintenance of effort, reflected as a percentage of the total county funds set forth in the annual general appropriation act for CCCAP for that state fiscal year, so that the percentage equals the county's proportionate share of the total state and federal funds appropriated for CCCAP for that state fiscal year. For any state fiscal year, the sum of all counties' maintenance of effort must be equal to or greater than the total county funds set forth in the general appropriation act for the state fiscal year 1996-97 for employment-related child care.
C.R.S. § 26.5-3-410 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-410
26.5-3-410. Annual report - cooperation from certified early intervention service brokers an
Status: repealed

26.5-3-410. Annual report - cooperation from certified early intervention service brokers and qualified providers. (Repealed)
C.R.S. § 26.5-4-112 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-112
26.5-4-112. Exemptions - requirements
Status: in_force

26.5-4-112. Exemptions - requirements. (1) Notwithstanding any provision of section 26.5-4-111 to the contrary, an exempt family child care home provider, as defined in section 26.5-5-303, is not eligible to receive child care assistance money through CCCAP if the provider fails to meet the criteria established in section 26.5-5-326.

(2) As a prerequisite to entering into a valid CCCAP contract with a county office or to being a party to any other payment agreement for the provision of care for a child whose care is funded in whole or in part with money received on the child's behalf from publicly funded state child care assistance programs, an exempt family child care home provider shall sign an attestation that affirms the provider, and any qualified adult residing in the exempt family child care home, has not been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has not entered, pursuant to part 3 or 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 provider cannot safely operate an exempt family child care home.
C.R.S. § 26.5-4-103 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-103
26.5-4-103. Definitions
Status: in_force

26.5-4-103. Definitions. 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.
C.R.S. § 26.5-5-316 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-316
26.5-5-316. Investigations and inspections - local authority - reports - rules
Status: in_force

26.5-5-316. Investigations and inspections - local authority - reports - rules. (1) (a) (I) (A) The department shall investigate and pass on each original application for a license, each application for a permanent license following the issuance of a probationary or provisional license, and each application for renewal, to operate a facility or an agency prior to granting the license or renewal. As part of the investigation, the department shall require each individual, including, but not limited to, the applicant, any owner, employee, newly hired employee, licensee, and any adult who is eighteen years of age and older who resides in the licensed facility, to obtain a fingerprint-based criminal history record check by reviewing any record that is used to assist the department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4) or any other felony. The executive director shall promulgate rules that define and identify what the criminal history record check entails.

(B) Rules promulgated by the executive director pursuant to this subsection (1)(a)(I) must allow an exemption from the fingerprint-based criminal history record check and the check of the records and reports of child abuse or neglect maintained by the state department of human services for those out-of-state employees working in Colorado at a children's resident camp in a temporary capacity for a camp that is in operation for fewer than ninety days. Each person so exempted from fingerprinting and the check of the records and reports of child abuse or neglect maintained by the state department of human services shall sign a statement that affirmatively states that the person has not been convicted of any charge of child abuse, unlawful sexual offense, or any felony. Prospective employers of exempted persons shall conduct reference checks of the prospective employees in order to verify previous work history and shall conduct personal interviews with each prospective employee.

(C) Rules promulgated by the executive director pursuant to this subsection (1)(a)(I) must require the fingerprint-based criminal history record check in all circumstances, other than those identified in subsection (1)(a)(I)(B) or (1)(a)(I)(D) of this section, to include a fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation and, for any new owner, new applicant, newly hired employee, new licensee, or individual who begins residing in the licensed facility. As part of the investigation, the records and reports of child abuse or neglect maintained by the state department of human services must be accessed to determine whether the owner, applicant, employee, newly hired employee, licensee, or individual who resides in the licensed facility being investigated has been found to be responsible in a confirmed report of child abuse or neglect. Information is made available pursuant to section 19-1-307 (2)(j) and rules promulgated by the state board of human services pursuant to section 19-3-313.5 (4). Except as provided in subsection (1)(a)(I)(D) of this section, any change in ownership of a licensed facility or the addition of a new resident adult or newly hired employee to the licensed facility requires a new investigation as provided in this section.

(D) When two or more individually licensed facilities are wholly owned, operated, and controlled by a common ownership group or school district, a fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect maintained by the state department of human services, completed for one of the licensed facilities of the common ownership group or school district pursuant to this section for any individual for whom such a check is required under this part 3 may satisfy the record check requirement for any other licensed facility under the same common ownership group or school district. A new fingerprint-based criminal history record check or new check of the records and reports of child abuse or neglect maintained by the state department of human services is not required of such an individual if the common ownership group or school district maintains a central records management system for employees of all its licensed facilities; takes action as required pursuant to section 26.5-5-309 when informed of the results of a fingerprint-based criminal history record check or check of the records and reports of child abuse or neglect maintained by the state department of human services that requires action pursuant to this part 3; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control.

(E) The executive director shall promulgate rules to implement this subsection (1)(a)(I).

(II) Rules promulgated by the executive director pursuant to subsection (1)(a)(I) of this section must also include:

(A) 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 for each circumstance in which the fingerprint check conducted by the Colorado bureau of investigation either does not confirm a criminal history or confirms a criminal history, in order to determine the crime or crimes for which the person was arrested or convicted and the disposition thereof;

(B) Any other recognized database, if any, that is accessible on a statewide basis as set forth by department rules; and

(C) When the results of an investigation performed pursuant to subsection (1)(a)(I) of this section or this subsection (1)(a)(II) reveal a record of arrest without a disposition, a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(III) If the operator of a facility or agency refuses to hire an applicant as a result of information disclosed in the investigation of the applicant pursuant to subsection (1)(a)(I) of this section, the employer is not subject to civil liability for such refusal to hire. If a former employer of the applicant releases information requested by the prospective employer pertaining to the applicant's former performance, the former employer is not subject to civil liability for the information given.

(b) (I) When the department is able to certify that the applicant or licensee is competent and will operate adequate facilities to care for children under the requirements of this part 3 and that standards are being met and will be complied with, it shall issue the license for which applied. The department shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license is granted and shall thereafter inspect or cause to be inspected the facilities of all licensees that, during the period of licensure, have been found to be the subject of complaints or to be out of compliance with the standards set forth in section 26.5-5-314 and department rules or that otherwise appear to be placing children at risk. The department may make such other inspections as it deems necessary to ensure that the requirements of this part 3 are being met and that the health, safety, and welfare of the children being placed are protected.

(II) The executive director shall adopt rules concerning the on-site public availability of the most recent inspection report results of child care center facilities and family child care home facilities, when requested. The executive director shall also adopt rules concerning a requirement that all facilities licensed under this part 3 post their licenses and information regarding the procedures for filing a complaint under this part 3 directly with the department, which rules must require that each such facility display its license and complaint procedures in a prominent and conspicuous location at all times during operational hours of the facility.

(III) If, as a result of an inspection of a licensed child care center facility or family child care home facility, the department determines that there were no serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 3, within twenty days after completing the inspection the department shall send a written notice to the facility indicating such fact. Within ten days after receipt of the written notice, the licensee shall provide a copy of the written notice to the parents and legal guardians of the children cared for at the child care center facility or family child care home facility.

(2) When the department receives a serious complaint about a child care facility licensed pursuant to this part 3 alleging the immediate risk of health or safety of the children cared for in such facility, the department shall respond to the complaint and conduct an on-site investigation concerning the complaint within forty-eight hours after its receipt.

(3) (a) (I) Except as otherwise provided in subsection (3)(a)(II) of this section, the department may authorize or contract with any county department, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children to investigate and inspect the facilities applying for an original or renewal license or applying for a permanent license following the issuance of a probationary or provisional license under this part 3 and may accept reports on such investigations and inspections from such agencies or organizations as a basis for such licensing. When contracting for investigations and inspections, the department shall assure that the contractor is qualified by training and experience and has no conflict of interest with respect to the facilities to be inspected.

(II) The department shall not authorize or contract with any county department, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children for investigations and inspections described in subsection (3)(a)(I) of this section of any facilities that provide twenty-four-hour care and are licensed pursuant to this part 3.

(b) A city, county, or city and county may impose and enforce higher standards and requirements for facilities licensed under this part 3 than the standards and requirements specified under this part 3.

(4) Every facility licensed under this part 3 shall keep and maintain such records as the department may prescribe pertaining to the admission, progress, health, and discharge of children under the care of the facility, and shall report relative thereto to the department whenever called for, upon forms prescribed by the department. The facility and the department shall keep all records regarding children and all facts learned about children and their relatives confidential.
C.R.S. § 26.5-3-205 — CO Code / Title 26.5 / Article 3 / Part 2 / Section 26.5-3-205
26.5-3-205. Powers and duties of the board
Status: in_force

26.5-3-205. Powers and duties of the board. (1) The board has the following powers and duties:

(a) To advise and make recommendations to the governor, state agencies, and other relevant entities concerning the implementation of and future revisions to any state plan developed to prevent child maltreatment;

(b) To develop strategies and monitor efforts to achieve:

(I) Increases in child well-being and achievement;

(II) Increases in caregiver well-being and achievement;

(III) Increases in consistent high-quality caregiving;

(IV) Increases in safe, supportive neighborhoods and communities; and

(V) Decreases in the incidence of child maltreatment and child maltreatment fatalities;

(c) To assist public and private agencies in coordinating efforts on behalf of families, including securing funding and additional investments for services and programs, and improving access to these services for children and their families;

(d) To provide for the coordination and exchange of information concerning the establishment and maintenance of primary and secondary prevention programs and to facilitate the exchange of information between groups concerned with child maltreatment;

(e) (I) To identify opportunities for, and barriers to, the alignment of standards, rules, policies, and procedures across programs and agencies that support families. The board shall submit recommendations developed pursuant to this subsection (1)(e)(I) to the department, which shall then include such recommendations as part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" in January 2022.

(II) The board shall also provide ongoing recommendations on changes to enhance the alignment and provision of services and supports for families to prevent child trauma and maltreatment to appropriate government and nonprofit agencies and policy boards.

(f) To collaborate with other relevant boards, commissions, and councils that exist within the executive branch to address services and supports for families;

(g) To promote academic research on the efficacy and cost-effectiveness of child maltreatment prevention initiatives;

(h) To distribute money and make grant awards from the Colorado child abuse prevention trust fund, created in section 26.5-3-206, in accordance with section 26.5-3-207 and for:

(I) The establishment, promotion, and maintenance of primary and secondary child maltreatment prevention programs, including pilot programs or services identified in the federal Title IV-E prevention services clearinghouse and programs that are under evaluation for purposes of petitioning the federal government for inclusion in the federal Title IV-E prevention services clearinghouse;

(II) Programs to prevent child sexual abuse;

(III) Programs to reduce the occurrence of prenatal substance exposure;

(IV) Programs to reduce the occurrence of other adverse childhood experiences;

(V) Programs to reduce poverty or help families get out of poverty;

(VI) Programs to create housing stability; and

(VII) Operational expenses of the board, including allowable expenses pursuant to section 26.5-3-204 (5);

(i) To monitor and promote the interaction and seamless partnership between the office within the department of human services that is responsible for children, youth, and families and the department in administering family strengthening programs;

(j) To accept grants from the federal government, as well as to seek, accept, and expend contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations; and

(k) To exercise or perform any other powers or duties consistent with the purposes for which the board was created and that are reasonably necessary for the fulfillment of the board's responsibilities as set forth in this section.
C.R.S. § 26.5-2-104 — CO Code / Title 26.5 / Article 2 / Part 1 / Section 26.5-2-104
26.5-2-104. Local coordinating organization - community plan - duties
Status: in_force

26.5-2-104. Local coordinating organization - community plan - duties. (1) (a) Each local coordinating organization shall adopt a community plan that fosters equitable access for families to, and robust participation by providers in, early childhood and family support programs and services by increasing access to, coordinating, and allocating funding for said programs and services within the community. The community plan must, at a minimum, address:

(I) The manner in which the local coordinating organization will assist families in applying for early childhood and family support programs and services and in enrolling children with early care and education providers;

(II) The manner in which the local coordinating organization will coordinate with county departments, as defined in section 26.5-4-103, and tribal agencies:

(A) To integrate outreach for early childhood and family support programs and services with other efforts to provide holistic services for families, including food, cash assistance, and health care; and

(B) To facilitate access to family support programs and services in support of county child welfare services, including implementation of the federal "Family First Prevention Services Act of 2018", as defined in section 26-5-101 (4.5);

(III) The manner in which the local coordinating organization will recruit and work with providers to ensure that families' needs for school- and community-based preschool providers, child care, and other early childhood services within the community are met to the fullest extent possible;

(IV) The method by which the local coordinating organization will ensure that a mixed delivery system of school- and community-based preschool providers, based on parental choice, is available within the community, including identifying the existing school- and community-based preschool providers in the community and establishing goals and benchmarks for increasing the availability of preschool providers as necessary to be responsive to family preferences;

(V) A plan for working with early care and education providers to increase recruitment and retention of individuals in the early care and education workforce and to increase compensation for those individuals, with the goal of providing a living wage;

(VI) A plan for coordinating the school- and community-based preschool providers that are available within the community with the other available early childhood and family support programs and services for children who enroll in the preschool providers and their families;

(VII) A plan for collaborating with other local coordinating organizations to provide families access to early childhood and family support programs and services delivered by providers in other communities;

(VIII) A plan for the allocation of funding among school- and community-based preschool providers and other early care and education providers in the community, with the goal of maximizing the use of funding to meet community needs, including the need for full-day services;

(IX) If the local coordinating organization shares responsibility with the state for distributing public funding, the manner in which it will, in coordination with local and tribal agencies, ensure that, to the extent possible, the public funding available to families is combined and coordinated to seamlessly provide early childhood and family support programs and services;

(X) The local coordinating organization's plan and strategies for identifying, soliciting, and securing, as feasible, additional local resources and funding to support early childhood and family support programs and services in the community; and

(XI) The manner in which the local coordinating organization, in accordance with department requirements, will ensure transparency within the community concerning the amount of money available for and used to support early childhood and family support programs and services from all sources, including local property tax and sales tax and the maintenance of effort for child care assistance provided by county departments of human or social services within the community.

(b) Notwithstanding subsection (1)(a) of this section, the initial community plan that a local coordinating organization creates may be limited to addressing participation in the Colorado universal preschool program and the needs for, access to, and allocation of funding for school- and community-based preschool providers. With subsequent revisions of the plan, the local coordinating organization shall address the provision and coordination of additional early childhood and family support programs and services in the community as provided in subsection (1)(a) of this section in collaboration with local and tribal agencies.

(c) Each local coordinating organization shall submit the initial community plan to the department pursuant to department rules, if any, procedures, and timelines. The department shall review the community plan and may require changes before approving the community plan as provided in section 26.5-2-105.

(d) Each local coordinating organization shall regularly review and revise the community plan to ensure the plan continues to accurately reflect the early childhood and family support programs and services within the community and is relevant and effective in meeting families' needs for early childhood and family support programs and services. In creating, reviewing, and revising the community plan, the local coordinating organization shall solicit and take into account input from families, providers, members of the early childhood and family support workforce, local early childhood councils, local and tribal agencies, local governments, and the business community within the community. The local coordinating organization shall resubmit the community plan to the department following each review. Revisions to the community plan are subject to approval by the department as provided in section 26.5-2-105.

(2) Each local coordinating organization shall implement the community plan and shall:

(a) Coordinate the program application and enrollment process for early childhood programs for both families and providers and across all participating entities within the community to facilitate the greatest practicable degree of family access to early childhood and family support programs;

(b) Subject to the availability and enrollment capacity of preschool providers in the community, provide universal access, in alignment with family choice, to high-quality school- and community-based preschool providers within the community for children in the year before eligibility for kindergarten;

(c) Manage a mixed delivery system of preschool providers;

(d) Allocate, in coordination with local and tribal agencies, when applicable, local early childhood funding and state preschool program funding to public and private providers within the community, based on the community plan, and ensure, to the greatest extent possible, that children who, pursuant to department rules adopted in accordance with section 26.5-4-204 (4)(a), are in low-income families and meet qualifying factors are prioritized, as directed by the department, to receive early childhood and family support programs and services;

(e) Support and ensure the availability of high-quality early childhood care and education for all children, including supporting access to training and support for members of the early childhood workforce;

(f) Support early childhood caregivers who are exempt from licensing pursuant to part 3 of article 5 of this title 26.5 in accessing family resources and resources related to health and safety, early childhood development, and workforce development;

(g) Increase over time the capacity of high-quality early child care and education programs within the community to better meet family and community needs;

(h) Support public and private providers in recruiting, developing, and retaining within the community a quality early childhood workforce that is culturally and linguistically relevant to the community;

(i) Work with providers in the community to ensure the collection and reporting to the department of key systems level data, as required by department rules, in a manner that minimizes duplication and the burden on families and providers and ensures compliance with all applicable privacy protections;

(j) Work in coordination with local county departments, as defined in section 26.5-4-103, and tribal agencies and local community-based organizations to integrate outreach for early childhood and family support programs and services with other efforts to provide holistic services for families, including food, cash assistance, and health care;

(k) Comply with department rules, if any, in implementing the community plan and the duties described in this section;

(l) Comply with any statutory auditing requirements that apply to the local coordinating organization or, if the local coordinating organization is not otherwise required by statute to undergo an annual financial audit, contract for the performance of an annual financial audit of the operations of the local coordinating organization by an independent auditor; and

(m) Comply with any other provisions included in the coordinator agreement entered into between the local coordinating organization and the department pursuant to section 26.5-2-105 (1)(b).

(3) Each local coordinating organization shall work with entities within the community, including, at a minimum, the entities specified in section 26.5-2-103 (2)(c), to implement the community plan, which may include subcontracting or partnering with or otherwise delegating responsibility to one or more public or private entities. The local coordinating organization remains responsible to the department for implementing the community plan, meeting the goals specified in the community plan and the coordinator agreement, and meeting any additional requirements imposed by this part 1, by part 2 of article 4 of this title 26.5 concerning the Colorado universal preschool program, by department rule, or by the coordinator agreement.
C.R.S. § 26.5-3-804 — CO Code / Title 26.5 / Article 3 / Part 8 / Section 26.5-3-804
26.5-3-804. Employer-based child care facility grant program - created - timeline and criter
Status: repealed

26.5-3-804. Employer-based child care facility grant program - created - timeline and criteria - eligibility - grant awards - reports - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Child care center" has the same meaning as set forth in section 26.5-5-303.

(b) "Child care desert" means a community or area in the state where there are more than three children less than five years of age for each available child care slot.

(c) "Eligible entity" means a Colorado employer or multiple employers.

(d) "Grant program" means the employer-based child care facility grant program created in subsection (2) of this section.

(2) There is created in the department the employer-based child care facility grant program. The purpose of the grant program is to provide eligible entities with money to construct, remodel, renovate, or retrofit a child care center on the site or near to the site of the eligible entity's property to provide licensed child care services to the eligible entity's employees, thus supporting the eligible entity's workforce participation and providing safe, stable, and quality care for the eligible entity's employees' children.

(3) The department shall solicit and review grant applications from eligible entities beginning on or before June 30, 2021, and every June 30 thereafter through June 30, 2024, and begin to award grants no later than September 1, 2021, and every September 1 thereafter through September 1, 2024. Each application must include, at a minimum:

(a) A business plan that includes:

(I) A description of the construction, renovation, remodeling, or retrofitting of a child care center on-site or near to the site of the eligible entity;

(II) A commitment to provide a financial match, as described in subsection (4) of this section;

(III) A description of how the eligible entity will address the particular child care needs among the eligible entity's employees, such as nontraditional-hour care or infant and toddler care;

(IV) A description of how the eligible entity will financially sustain the child care center beyond the grant period;

(V) The estimated total cost and budget for the construction, renovation, remodeling, or retrofitting of the child care center;

(VI) If the eligible entity leases the space to be renovated, remodeled, retrofitted, or have a new facility constructed on the property, a copy of a current, valid lease that contains specific authorizations from the property owner to make the requested alterations to the property or a written statement from the landlord expressing consent to the requested alterations;

(VII) Written assurance that the eligible entity will connect its employees to resources describing available public early childhood care and education assistance; and

(VIII) Any other components the department requires to adequately assess the grant application, including a commitment regarding the duration of time the eligible entity seeks to occupy the space to be renovated, remodeled, retrofitted, or constructed;

(b) Written assurance that the eligible entity will obtain a child care license pursuant to part 3 of article 5 of this title 26.5; and

(c) Written assurance that the employees of the eligible entity will have first priority for open slots at the child care center before those slots are offered to nonemployees.

(4) Eligible entities must provide a financial match to a grant award as follows:

(a) A for-profit employer shall provide a fifty percent match; and

(b) A nonprofit or government employer shall provide a twenty-five percent match.

(5) In determining grant awards for the grant program, the department shall consider applicants that might require waiver of child care licensing rules in the following areas:

(a) A location that prevents the applicant from offering child care programs on the ground floor; and

(b) A location that prevents the applicant from providing an outdoor space.

(6) In determining grant awards for the grant program, the department shall prioritize:

(a) Applicants that serve a high percentage of employees with wages below the area's median income;

(b) Applications with plans to meet the level four standard of the Colorado shines quality rating and improvement system, pursuant to section 26.5-5-101;

(c) Applications with a stated commitment to and a business plan for a well-compensated child care staff;

(d) Applications with a plan for innovative models, such as co-ops, hubs, or microcenters;

(e) Applicants with a plan to serve children in child care deserts or in regions with low child care capacity;

(f) Applicants with staff that represent or reflect the linguistic and cultural diversity of the families living or working in their community, including dual-language learners; and

(g) Applicants whose primary industry and area of business is other than child care.

(7) The department shall provide grantees with information and referrals to services that support implementation of quality care, including:

(a) Training for teachers and directors on quality child care, including linguistically and culturally competent care, child development, and program improvement; and

(b) Public early childhood assistance programs for families, including, but not limited to:

(I) Child care subsidies;

(II) Preschool and early childhood education assistance; and

(III) Child nutrition programs.

(8) On or before January 30, 2023, and on or before January 30, 2025, the department shall report progress on the grant program as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203. At a minimum, the report must include:

(a) The number of eligible entities that received a grant through the grant program;

(b) The number of children and families that received child care services as a result of the grants, reported in aggregate and by grantee;

(c) The number of early childhood educators and staff hired as a result of the grant program;

(d) The Colorado shines quality rating of each grantee;

(e) Any innovative approaches that were used as a result of the grant program that may be replicated by other employers; and

(f) Any other relevant information about the grant program, including the industry type of the entity and geographic region served by the entity.

(8.5) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate ten million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section.

(b) The use of money appropriated pursuant to this subsection (8.5) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(c) The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(d) This subsection (8.5) is repealed, effective September 1, 2027.

(9) This section is repealed, effective September 1, 2027.
C.R.S. § 26.5-5-309 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-309
26.5-5-309. Licenses - rules - definition - appropriation - repeal
Status: repealed

26.5-5-309. Licenses - rules - definition - appropriation - repeal. (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.
C.R.S. § 26.5-5-311 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-311
26.5-5-311. Fees - when original applications, reapplications, and renewals for licensure ar
Status: in_force

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.
C.R.S. § 26.5-1-302 — CO Code / Title 26.5 / Article 1 / Part 3 / Section 26.5-1-302
26.5-1-302. Early childhood leadership commission - created - mission - funding - reimbursem
Status: in_force

26.5-1-302. Early childhood leadership commission - created - mission - funding - reimbursement for expenses. (1) There is created in the department the early childhood leadership commission, referred to in this part 3 as the "commission". The commission is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of early childhood. The purpose of the commission is to ensure and advance a comprehensive service delivery system for pregnant women and children from birth to eight years of age using data to improve decision-making, alignment, and coordination among federally funded and state-funded services and programs for pregnant women and young children and their families. At a minimum, the comprehensive service delivery system for pregnant women and children and their families must include services in the areas of prenatal health, child health, child mental health, early care and education, and family support and parent education.

(2) The commission consists of up to twenty-one members as follows:

(a) The executive directors of each of the following agencies or their designees:

(I) The state department of human services;

(II) The department of public health and environment;

(III) The department of health care policy and financing;

(IV) The department of higher education; and

(V) The department of early childhood;

(b) The commissioner of education or the commissioner's designee;

(c) The head start collaboration office director for Colorado; and

(d) No more than fourteen persons appointed by the governor, which persons collectively have the following expertise, affiliations, or backgrounds:

(I) Representatives of local government groups;

(II) Representatives of school districts;

(III) Providers of early childhood supports and services;

(IV) Representatives of head start agencies;

(V) Persons whose families receive early childhood supports or services;

(VI) Representatives of statewide foundations and nonprofit organizations involved in early childhood issues;

(VII) Members of the business community; and

(VIII) Representatives of the local public health community.

(3) (a) In appointing persons to the commission, the governor shall ensure that the appointed persons reflect the gender balance and ethnic diversity in the state and provide representation from throughout the state and that the commission includes representation of persons with disabilities and those who represent language diversity or support families and children who are dual language learners.

(b) The persons appointed to the commission pursuant to subsection (2)(d) of this section:

(I) Serve at the pleasure of the governor; and

(II) May receive reimbursement for reasonable expenses incurred in fulfilling their duties on the commission.

(c) If a vacancy occurs in the positions appointed pursuant to subsection (2)(d) of this section, the governor shall appoint a person to fill the vacancy.

(4) The governor shall appoint three persons from among the members of the commission, one representing business interests, one representing private, nonprofit entities, and one representing public entities, to serve as co-chairs of the commission. The commission shall meet regularly at the direction of the co-chairs and as often as necessary to fulfill its duties. The co-chairs may appoint working groups and subcommittees to assist the commission in its work or to address specific issues. The working groups and subcommittees, at the discretion of the co-chairs, may consist of any combination of members of the commission and other persons from the community.

(5) The commission, in collaboration with the executive director of the department, may appoint a director to assist the commission in fulfilling its duties pursuant to this part 3. The director may appoint such additional persons as may be necessary to assist the commission.

(6) The governor's office, the department, and the other agencies represented on the commission may, at the request of the commission and within existing appropriations, provide necessary support to the commission, including but not limited to administrative support, data, and other analytical information. In addition, the commission may seek, accept, and expend gifts, grants, or donations from public or private sources to the extent necessary to cover the expenses of the commission.
C.R.S. § 26.5-5-324 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-324
26.5-5-324. Child care resource and referral system - created
Status: in_force

26.5-5-324. Child care resource and referral system - created. The department shall design and develop a child care resource and referral system, referred to in this section as the "system", to assist in promoting availability, accessibility, and quality of child care services in Colorado. The executive director, or the executive director's designee, is authorized, within available appropriations, to designate a public or private entity to be responsible for the administration of the system, and may enter into a contract with the administering entity for this purpose. The executive director shall designate or redesignate an administering entity on a biennial basis.
C.R.S. § 26.5-4-204 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-204
26.5-4-204. Colorado universal preschool program - created - eligibility - workforce develop
Status: in_force

26.5-4-204. Colorado universal preschool program - created - eligibility - workforce development plan - program funding - rules. (1) There is created in the department the Colorado universal preschool program. The department shall administer the preschool program in accordance with this part 2 and shall ensure that, for the 2023-24 school year and school years thereafter, families may enroll their children in preschool providers that receive funding through the preschool program. The purposes of the preschool program are:

(a) To provide children in Colorado access to voluntary, high-quality, universal preschool services free of charge in the school year before a child enrolls in kindergarten;

(b) To provide access to additional preschool services in the school year before kindergarten eligibility for children in low-income families and children who lack overall learning readiness due to qualifying factors;

(c) To provide access to preschool services for children who are three years of age, or in limited circumstances younger than three years of age, and are children with disabilities, are in low-income families, or lack overall learning readiness due to qualifying factors; and

(d) To establish quality standards for publicly funded preschool providers that promote children's early learning and development, school readiness, and healthy beginnings.

(2) For the 2023-24 school year and each school year thereafter, subject to the availability and enrollment capacity of preschool providers, parents throughout the state may enroll their children, free of charge, in ten hours per week of publicly funded preschool services for the school year preceding the school year in which the children are eligible to enroll in kindergarten. The department, working with local coordinating organizations, shall identify and recruit preschool providers throughout the state to participate in the Colorado universal preschool program. In identifying and recruiting preschool providers, the department and local coordinating organizations shall, to the extent practicable, establish a mixed delivery system in communities throughout the state that enables parents to select preschool providers for their children from as broad a range as possible within their respective communities.

(3) (a) For the 2023-24 school year and for each school year thereafter:

(I) Subject to the availability and capacity of preschool providers, every child in the state may receive ten hours of preschool services per week, at no charge, during the school year preceding the school year in which the child is eligible to enroll in kindergarten.

(II) Pursuant to IDEA and ECEA, every child who is three or four years of age and is a child with disabilities must be offered preschool services in accordance with the child's individualized education program.

(III) Subject to available appropriations, a child who is three years of age, is not eligible to enroll in kindergarten in the next school year, and is in a low-income family or meets at least one qualifying factor may receive the number of hours of preschool services established by department rule.

(IV) Subject to available appropriations, a community in which a school district operated a district preschool program pursuant to article 28 of title 22, as it existed prior to July 1, 2023, with a waiver to serve children under three years of age, may continue to provide preschool services for the number of hours established by department rule for the same number of children under three years of age that received preschool services in the 2022-23 school year, so long as each child who receives the preschool services is in a low-income family or meets at least one qualifying factor.

(V) Subject to available appropriations, a child who is in a low-income family or who meets at least one qualifying factor may receive additional preschool services for the number of hours established by department rule in the school year preceding the school year in which the child is eligible to enroll in kindergarten.

(b) Notwithstanding any provision of subsection (3)(a) of this section to the contrary:

(I) The state shall provide to each three- or four-year-old child with a disability whose parent enrolls the child in the preschool program an educational program in accordance with IDEA and ECEA and the child's individualized education program; and

(II) For a school year in which federal money is provided to the state to fund preschool, other than federal money provided through IDEA, the executive director may allocate said funding to provide the number of hours of preschool services allowed under federal law for all children defined as eligible under federal law.

(4) (a) The executive director shall adopt rules to implement the preschool program, which must include:

(I) The level of income that identifies a family as being low-income for purposes of identifying children who are three years of age or younger and are eligible for preschool services and prioritizing funding for those additional preschool services. The executive director shall, to the extent practicable, ensure that the income eligibility requirements for other publicly funded child care programs are aligned with the income level set pursuant to this subsection (4)(a)(I).

(II) The qualifying factors that a child must meet to be eligible to receive additional preschool services. The executive director shall ensure that the qualifying factors are reviewed and, as necessary, revised at least every five years. The purpose of the qualifying factors is to identify children who are at risk of entering kindergarten without being ready for school. The qualifying factors must include identification as a dual-language learner or a child with disabilities and may include such other factors as the department may identify.

(III) The number of hours of preschool services that an eligible child may receive pursuant to subsection (3)(a)(III) or (3)(a)(IV) of this section; except that the number of hours for an eligible child who is a child with disabilities is determined in accordance with IDEA, ECEA, and the child's individualized education program;

(IV) The number of hours of additional preschool services that an eligible child may receive pursuant to subsection (3)(a)(V) of this section; except that the number of hours for an eligible child who is a child with disabilities is determined in accordance with IDEA, ECEA, and the child's individualized education program;

(V) Preschool quality standards, as provided in section 26.5-4-205;

(VI) The formulas for setting the per-child rates for universal preschool services, for preschool services for children with disabilities, for preschool services for eligible children who are three years of age or younger as described in subsections (3)(a)(III) and (3)(a)(IV) of this section, and for additional preschool services, as provided in section 26.5-4-208; and

(VII) Such other rules as are required in this part 2 or as may be necessary to implement the preschool program.

(b) In adopting rules, the executive director shall, to the extent possible:

(I) Align all rules pertaining to funding and preschool provider requirements to facilitate combining and coordinating federal, state, preschool program, and child care funding to the greatest extent allowed under state and federal law and regulation; and

(II) Align preschool quality standards and requirements with the child care licensing requirements and licensing requirements for school district and charter school preschool programs, as provided in part 3 of article 5 of this title 26.5, to reduce conflicts and duplication.

(5) In developing a plan for recruiting, training, and retaining a well-compensated, well-prepared, high-quality statewide early childhood workforce pursuant to section 26.5-6-101, the department shall ensure that the plan specifically addresses strategies for building and supporting the preschool workforce, especially with respect to:

(a) Simplifying the process for attaining credentials, meeting qualifications, and demonstrating professional competencies;

(b) Minimizing regulatory and administrative barriers to entry, including barriers faced by individuals who speak languages other than English;

(c) Increasing diversity in the preschool workforce;

(d) Establishing goals for increasing the qualifications of preschool teachers over time, including strategies for achieving the goal of supporting increased attainment of baccalaureate degrees in early childhood or baccalaureate degrees with supplemental early learning credentials for lead teachers employed by preschool providers; and

(e) Recruiting, compensating, providing continuing professional development for, and retaining individuals in the preschool workforce, including strategies for achieving the goal of compensating those individuals at a living wage.

(6) To preserve the general assembly's historic commitment to preschool program funding, the general assembly shall appropriate to the department for the Colorado universal preschool program:

(a) For the 2023-24 fiscal year, an amount at least equal to the difference between the amount of the state share of total program calculated pursuant to article 54 of title 22 for the 2022-23 budget year, after application of the budget stabilization factor and after any mid-year adjustment, and the amount that the state share of total program, after application of the budget stabilization factor and after any mid-year adjustment, would be for the 2022-23 budget year if calculated without including the statewide preschool program enrollment, as defined in section 22-54-103, for the 2022-23 budget year and the number of three- and four-year-old pupils with disabilities receiving an educational program under the "Exceptional Children's Educational Act", article 20 of title 22, for the 2022-23 budget year.

(b) For the 2024-25 fiscal year, and each fiscal year thereafter, an amount at least equal to the amount described in subsection (6)(a) of this section increased annually by the rate of inflation.
C.R.S. § 26.5-5-307 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-307
26.5-5-307. Application of part - guest child care facilities - public services short-term c
Status: in_force

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.
C.R.S. § 26.5-4-111 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-111
26.5-4-111. Services - eligibility - assistance provided - waiting lists - rules - exception
Status: repealed

26.5-4-111. Services - eligibility - assistance provided - waiting lists - rules - exceptions from cooperating with child support establishment. (1) Subject to available appropriations and pursuant to department rules promulgated for the implementation of this part 1, a county shall provide child care assistance to a participant or any person or family whose income is not more than one hundred eighty-five percent of the federal poverty level. For purposes of determining or redetermining eligibility for child care assistance, a county shall exclude from the definition of income payments made to a family from any unrestricted cash assistance program administered by a government, intermediary, nonprofit, or corporate entity. Subject to available appropriations and as necessary to comply with federal law or to align eligibility across early care and education programs specifically to meet the early care and education, income security, and child welfare needs of similar populations and as allowed by federal regulations, the executive director by rule may adjust the percentage of the federal poverty level used to determine child care assistance eligibility and shall revise income verification requirements that promote alignment and simplification with the Colorado universal preschool program.

(2) (a) A county may provide child care assistance for any family whose income at initial determination exceeds the requirements of subsection (1) of this section but does not exceed the maximum federal level for eligibility for services of eighty-five percent of the state median income for a family of the same size if it is serving all eligible families who have applied for CCCAP and whose income level is below that requirement. A county shall exclude state and federal assistance program income in eligibility determinations.

(b) If, during a participant's, person's, or family's twelve-month eligibility period, the participant's, person's, or family's income rises to or above the level set by department rule at which the county may deny such participant, person, or family child care assistance, the county shall continue providing the current CCCAP subsidy until that participant's, person's, or family's next twelve-month redetermination.

(c) If, at the time of a participant's, person's, or family's twelve-month eligibility redetermination, the participant's, person's, or family's income rises to or above the level set by department rule at which the county may deny child care assistance, or if that income level rises above the maximum federal eligibility level of eighty-five percent of the state median income for a family of the same size, the county shall immediately notify the participant, person, or family that it is no longer eligible for CCCAP.

(3) (a) Subject to available appropriations, pursuant to rules promulgated for implementation of this part 1, and except as provided in subsection (3)(b) of this section, a county shall provide child care assistance for a family transitioning off the works program due to employment or job training without requiring the family to apply for low-income child care but shall redetermine the family's eligibility within twelve months after the transition.

(b) A family that transitions off the works program must not be automatically transitioned to CCCAP pursuant to subsection (3)(a) of this section if either of the following conditions apply:

(I) The family is leaving the works program due to a violation of program requirements as defined in part 7 of article 2 of title 26 or by department rule; or

(II) The family is leaving the works program due to employment and will be at an income level that exceeds the income eligibility limit for the CCCAP.

(c) (Deleted by amendment, L. 2022.)

(4) (a) (I) A recipient of child care assistance through CCCAP is responsible for paying a portion of the recipient's child care costs based upon the recipient's income and the formula developed by department rule. The department and counties shall provide parent fee information in a variety of dissemination methods such as websites, including the Colorado shines website; mass media; paper forms and brochures; and targeted outreach. The information must include a clear definition of the parent fee; how parent fees are calculated; parent fee policies, such as when they must be paid; the parent fee and sliding fee scale; how parents and providers were engaged in the process for determining the parent fee and sliding fee scale; and a description of how parent fees might differ based on the provider that a family selects. Parent fee sliding scales should be presented in a clear, accessible format. The information must also be accessible in languages in addition to English and Spanish, based on the populations the department and counties serve.

(II) Upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (4)(a)(II), for a family living at or below one hundred percent of the federal poverty level, the family copayment responsibility must be restricted to no more than one percent of the family's gross monthly income as determined based on one month of income.

(III) Pursuant to department rules and upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (4)(a)(III), income received during the past thirty days must be used in determining the copayment, unless on a case-by-case basis the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects an ability to afford the required family copayment.

(b) The executive director by rule shall establish, and at least every five years review and revise, as appropriate, a copayment schedule so that the copayment gradually increases as the family income approaches self-sufficiency income levels, but must be no greater than seven percent of the family's gross monthly income on or before August 1, 2026, regardless of the number of children in care, as determined based on one month of income, unless one month of income does not provide an accurate indication of anticipated income, in which case the county may use evidence of up to the most recent twelve months of income; however, if a federal rule limits copayments to less than seven percent of the family's gross monthly income, the department shall immediately comply with the federal limit. This revised copayment schedule should allow families to retain a portion of their increases in income.

(c) A participant who is employed shall pay a portion of the participant's income for child care assistance under CCCAP. The participant's required copayment pursuant to the provisions of this subsection (4)(c) is determined by a formula established by department rule that takes into consideration the factors set forth in subsections (4)(a) and (4)(b) of this section. The participant's employer may pay the participant's copayment at the participant's copayment rate.

(5) Repealed.

(6) Effective July 1, 2023, a county shall not require a person who applies for child care assistance pursuant to this section to participate in child support establishment, modification, and enforcement services related to any support owed by obligors to their children or to cooperate with the delegate child support enforcement unit as a condition of receiving child care assistance services. This subsection (6) does not prohibit a county from educating applicants about the benefits of child support and child support establishment, modification, and enforcement services, and how to engage in the child support process.

(7) (a) For a family with a child who is enrolled in both CCCAP and a head start program or, as soon as practicable after July 1, 2023, both CCCAP and the Colorado universal preschool program, the family's CCCAP eligibility redetermination must occur no sooner than the end of the last month of the child's first full twelve-month program year of enrollment in the head start or Colorado universal preschool program. Child care assistance program eligibility redetermination for a child enrolled in both programs must occur once every twelve months thereafter.

(b) Notwithstanding the provisions of section 26-1-127 (2)(a), a family that receives child care assistance pursuant to this part 1 is not required to report income or activity changes during the twelve-month eligibility period; except that, within the twelve-month eligibility period, a family is required to report a change in income if the family's income exceeds eighty-five percent of the state median income.

(c) A parent must not be determined ineligible to receive child care assistance pursuant to this part 1 as a result of:

(I) Taking maternity leave;

(II) Being a separated spouse or parent under a validly issued temporary order for parental responsibilities or child custody where the other spouse or parent has disqualifying financial resources;

(III) Each instance of nontemporary job loss for less than ninety days; or

(IV) A temporary break in eligible activity, as defined by department rule.

(d) Pursuant to department rules promulgated for the implementation of this part 1, a parent who is enrolled in a postsecondary education program or a workforce training program is eligible for CCCAP for at least any two years of the postsecondary education or workforce training program, provided all other CCCAP eligibility requirements are met during those two years. On and after July 1, 2024, a county may not give priority for services to a working family over a family enrolled in postsecondary education or workforce training.

(e) To provide continuous child care with the least disruption to the child, authorized child care through CCCAP must promote continuous, consistent, and regular care and must not be linked directly to a parent's employment, education, or workforce training schedule. Pursuant to department rules, the amount of child care authorized should be based on the parent's and child's needs for child care.

(8) Pursuant to department rules and upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (8), income received during the past thirty days must be used in determining eligibility unless, on a case-by-case basis, the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects a family's current income level.

(9) A county has the authority to develop a voucher system for families enrolled in CCCAP through which they can secure relative or unlicensed child care.

(10) An early care and education provider or county may conduct a pre-eligibility determination for child care assistance for a family to facilitate the determination process. The early care and education provider shall submit its pre-eligibility documentation to the county for final determination of eligibility for child care assistance. The early care and education provider or county may provide services to the family prior to final determination of eligibility, and the county shall reimburse a provider for such services only if the county determines the family is eligible for services and there is no need to place the family on a waiting list. If the family is found ineligible for services, the county shall not reimburse the early care and education provider for any services provided during the period between its pre-eligibility determination and the county's final determination of eligibility.

(11) A provider or a local coordinating organization, as defined in section 26.5-2-102, may accept a family's CCCAP application and submit it to the county on behalf of a family seeking child care assistance.

(12) Each county:

(a) Upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (12)(a), and pursuant to department rules, on or before August 1, 2026, and subject to available federal appropriations, in addition to regular provider reimbursement rates, the county departments shall pay providers for care in alignment with common practices in the private market for child care, including paying providers weekly for each child based on child enrollment in advance of the provision of services. The department rules governing payment policies must allow daily reimbursement rates only for drop-in child care, back-up child care, and care that is commonly paid on a daily reimbursement basis in the private child care market and must incentivize providers to promote regular program attendance. On or before August 1, 2026, and subject to available federal appropriations, the department and county departments shall utilize grants and contracts for underserved populations, including children in underserved geographic areas, infants and toddlers, children with disabilities, and families needing nontraditional-hour care, to improve equitable access for these populations. The department shall annually evaluate data regarding the numbers and percentages of underserved populations being served by CCCAP to determine if equitable access is improved or achieved. The executive director shall promulgate rules for the implementation of this subsection (12).

(b) Shall maintain a current and accurate waiting list of parents who have inquired about securing a CCCAP subsidy and are likely to be eligible for CCCAP based on self-reported income and job, education, or workforce training activity if families are not able to be served at the time of application due to funding concerns. Counties may enroll families off waiting lists according to local priorities and may require an applicant to restate the applicant's intention to be kept on the waiting list every six months in order to maintain the applicant's place on the waiting list.

(c) Shall post eligibility, authorization, and administration policies and procedures so they are easily accessible and readable to a layperson. The policies must be sent to the department for compilation.

(d) May use its CCCAP allocation to provide enrollment contracts or grants to early care and education providers: To support implementation of the local community plan described in section 26.5-2-104; to increase the supply and improve the quality of child care for infants and toddlers, children with disabilities, after-hours care, and children in underserved neighborhoods; to provide stability for the early childhood sector; and to improve alignment with the provision of additional preschool services, as defined in section 26.5-4-203, to working families who need additional care;

(e) Subject to available appropriations and pursuant to department rules, and upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (12)(e), shall use eligibility determination information from other public assistance programs and systems to determine CCCAP eligibility, including eligibility determination information used for children participating in the Colorado universal preschool program; and

(f) Shall prioritize child care assistance for certified foster parents, certified kinship foster parents, noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department, and noncertified kinship care providers that provide care for children with an open child welfare case who are not in the legal custody of a county department.

(13) For children who are enrolled in both CCCAP and the Colorado universal preschool program, the executive director shall adopt rules as necessary to ensure:

(a) Funds may be combined and coordinated to the extent allowed by law at the state and local level to ensure families can seamlessly access early childhood education and services and providers face the fewest possible systems to navigate to secure payment for services; and

(b) Eligibility and authorization for services for the portions of both programs that are targeted to similar populations are aligned to the greatest extent practicable as allowed by federal regulations, including ensuring the state takes maximum advantage of flexibility in federal regulations to ensure that children who are eligible for both programs can seamlessly access the length and quality of programming that parents, children, and families need.

(14) The executive director shall promulgate rules for the implementation of this part 1.

(15) An applicant can satisfy the eligible activity criteria for up to one year by participating in a substance use disorder treatment. Participation in a nationally recognized, evidence-based substance use disorder treatment program at an intensive outpatient service level of care or higher must be recognized as an eligible activity for a workforce training program.
C.R.S. § 26.5-1-102 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-102
26.5-1-102. Legislative intent
Status: in_force

26.5-1-102. Legislative intent. (1) It is the intent of the general assembly that the department of early childhood shall work with other state and local agencies, public and private early childhood providers, head start agencies, nonprofit organizations, and parents and families to:

(a) Provide high-quality, voluntary, affordable early childhood opportunities for all children in Colorado;

(b) Coordinate the availability of early childhood programs and services in Colorado to meet the needs of all families;

(c) Establish state and community partnerships that provide for a mixed delivery of child care and early childhood programs through school-based and community-based providers;

(d) Ensure that parent and community input are prioritized in the continuing design and implementation of programs and policies affecting children and families;

(e) Maximize the efficient use of resources to ensure that parents, children, and early childhood program and service providers are prioritized and receive the greatest level of investment and financial support with the lowest possible administrative burden;

(f) Prioritize the equitable delivery of resources and supports for early childhood;

(g) Unify within the department the administration of child care and early learning programs to effectively and efficiently support a streamlined parent and provider experience and to support a diverse array of providers of early childhood care and learning services. Unification of the programs must include:

(I) Development of a common program application process, which, to the extent practicable, is accessible in families' preferred languages, to streamline the eligibility and enrollment experience for families;

(II) Quality program standards that support child development and successful transitions to elementary education and are aligned and integrated with standards from other early care and learning programs; and

(III) Focus on recruitment and retention strategies, including strategies designed to recruit and retain individuals from different cultural backgrounds, and compensation strategies for the early care and learning workforce to elevate and support the workforce across all care and learning settings; and

(h) Improve outcomes for children and families through:

(I) Strategies that support recruitment, training, and compensation of the early childhood workforce, including strategies designed to recruit and retain individuals from different cultural backgrounds;

(II) Implementation of evidence- and practice-based best practices in education, family support, and child development with a focus on continuous improvement and innovation;

(III) Program evaluation for continuous improvement, including monitoring metrics that promote transparency and efficiency of administration, program quality assessment, and child and family outcomes and accountability, which are reported annually and must address removal or reduction of access barriers, realization of administrative or financial efficiencies, and progress toward achieving the department's mission;

(IV) Alignment with state and federal requirements under the state "Exceptional Children's Educational Act", part 1 of article 20 of title 22, and part B and part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; and

(V) Education and training regarding how to identify and address child and family trauma and support a trauma-informed approach to early childhood.
C.R.S. § 26.5-3-401 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-401
26.5-3-401. Legislative declaration
Status: in_force

26.5-3-401. Legislative declaration. (1) The general assembly finds that:

(a) There is an urgent and substantial need to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child's first three years of life;

(b) The longer a child's developmental delays are not addressed, the more developmental difficulties the child will experience in the future, the less prepared the child will be for school, the more special education needs the child is likely to have, and the more costly those problems will be to address;

(c) The capacity of families to meet the special needs of their infants and toddlers with disabilities needs to be supported and enhanced;

(d) Colorado's system for providing early intervention services to eligible infants and toddlers from birth through two years of age with significant developmental delays and disabilities relies on multiple sources of funding;

(e) The early childhood and school readiness commission, which was the successor of the child care commission, was created in the 2004 legislative session to study, review, and evaluate the development of plans for creating a comprehensive early childhood system;

(f) The early childhood and school readiness commission extensively studied and evaluated issues regarding early intervention services for infants and toddlers who have delays in development and learned that there is no coordinated system of payment for early intervention services, resulting in the provision of disjunctive or interrupted services to eligible children and inadequate reimbursement of early intervention service providers;

(g) The early childhood and school readiness commission was also informed that many eligible children are covered as dependents by their parents' health-care plans, but some of the plans may deny benefits for early intervention services, thereby eliminating a source of private funds for the payment of early intervention services;

(h) Pursuant to part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, there is an urgent and substantial need to facilitate the coordination of payment for early intervention services from federal, state, local, and private sources, including public medical assistance and private insurance coverage;

(i) Existing levels of local, state, federal, and private funding may be more efficiently used, more children may be served, and a higher quality of services may be provided if the existing early intervention system is modified to create a more coherent and coordinated system of payment for early intervention services;

(j) The involvement of a child's primary health-care provider and other health-care providers is an essential component of effective planning for the provision of early intervention services; and

(k) The provision of early intervention services is intended only to meet the developmental needs of an infant or toddler and not to replace other needed medical services that are recommended by the child's primary health-care provider.
C.R.S. § 26.5-1-106 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-106
26.5-1-106. Transfer of functions - employees - property - contracts
Status: in_force

26.5-1-106. Transfer of functions - employees - property - contracts. (1) (a) (I) On and after July 1, 2022, the department is responsible for executing, administering, performing, and enforcing the rights, powers, duties, functions, and obligations vested before July 1, 2022, in:

(A) The office within the department of human services that is responsible for early childhood programs and services; and

(B) The department of education concerning early childhood workforce development, including the professional development information system.

(II) The rights, powers, duties, functions, and obligations concerning a statewide preschool program are transferred, effective July 1, 2022, to the department to the extent necessary to establish and authorize enrollment in the Colorado universal preschool program, as provided in part 2 of article 4 of this title 26.5 for the 2023-24 school year, and are fully transferred to the department, effective July 1, 2023. The department of education retains such rights, powers, duties, functions, and obligations as are necessary to operate the existing Colorado preschool program pursuant to article 28 of title 22, as it exists prior to July 1, 2023, for the 2022-23 school year.

(b) The department shall enter into memoranda of understanding, interagency agreements, or both, as appropriate, with the department of human services and the department of education to provide for the timely transfer of powers, duties, personnel, property, records, appropriations, and other funding as necessary to accomplish the complete transfer of the rights, powers, duties, functions, and obligations to the department as described in subsection (1)(a) of this section.

(c) The rules pertaining to the powers, duties, functions, and obligations transferred to the department pursuant to subsection (1)(a) of this section that are adopted by the department of human services, the state board of human services, or the state board of education and are in effect as of July 1, 2022, continue in effect and apply to the department and persons or entities licensed or providing services pursuant to this title 26.5 until replaced by rules adopted by the executive director pursuant to section 26.5-1-105.

(2) Beginning July 1, 2022, the positions of employment in the department of human services and the department of education concerning the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 and determined by the executive director to be necessary to carry out the purposes of this title 26.5, including positions of employment related to technology support, are transferred to the department of early childhood and become positions of employment in that department. The executive director, or the executive director's designee, shall establish the actual date of said transfers in memoranda of understanding, interagency agreements, or both, as appropriate, entered into between the department of early childhood and the department of human services or the department of education, as applicable, pursuant to subsection (1)(b) of this section.

(3) Beginning July 1, 2022, all items of property, real and personal, including office furniture and fixtures, books, documents, records, and information systems with the supporting hardware, software, licenses, and data, of the department of human services and the department of education pertaining to the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 are transferred to the department of early childhood and become the property of said department. The executive director, or the executive director's designee, shall establish the actual date of said transfers in memoranda of understanding, interagency agreements, or both, as appropriate, entered into between the department of early childhood and the department of human services or the department of education, as applicable, pursuant to subsection (1)(b) of this section.

(4) Effective July 1, 2022, if the department of human services or the department of education is referred to or designated by a contract or other document in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1, such reference or designation is deemed to apply to the department of early childhood. All contracts entered into by the said departments before July 1, 2022, in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 are hereby validated, with the department of early childhood succeeding to all rights and obligations under said contracts. Any money that was previously received or appropriated, and remains available, to satisfy obligations incurred under said contracts is transferred and further appropriated to the department of early childhood for the payment of said obligations.

(5) On and after July 1, 2022, unless otherwise specified, if a provision of law refers to the department of human services with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(A) of this section or to the department of education with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(B) or (1)(a)(II) of this section, said law is construed as referring to the department of early childhood.

(6) On and after July 1, 2022, unless otherwise specified, all claims and liabilities, including costs, relating to the performance of the department of human services with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(A) of this section or to the department of education with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(B) or (1)(a)(II) of this section are transferred to and assumed by the department of early childhood, exclusively through the department of early childhood, and no other public entity or agency is responsible or liable for any such claims, liabilities, or damages.

(7) The executive director, or the executive director's designee, may seek, accept, and expend, on behalf of and in the name of the state, gifts, grants, and donations for any purpose connected with the powers, duties, and functions of the department. The state treasurer shall hold any property so given, but the executive director, or the executive director's designee, may direct the disposition of any property so given for any purpose consistent with the terms and conditions under which the gift was created.
C.R.S. § 26.5-3-402 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-402
26.5-3-402. Definitions
Status: repealed

26.5-3-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Administrative unit" means a school district, a board of cooperative services, a charter school network, a charter school collaborative, or the state charter school institute that is providing educational services to exceptional children and that is responsible for the local administration of the education of exceptional children pursuant to article 20 of title 22.

(2) "Carrier" has the same meaning as set forth in section 10-16-102 (8).

(3) "Certified early intervention service broker" or "broker" means:

(a) Repealed.

(b) On and after July 1, 2024, a case management agency or an entity, as those terms are defined in section 25.5-6-1702, that has entered into a contract with the department to perform the duties and functions specified in section 26.5-3-408 in a particular defined service area. Notwithstanding section 27-10.5-104 (4), if there is not a case management agency or an entity and the department is unable to designate an organization to serve as the broker for a particular defined service area, the department shall serve as the broker for the defined service area and may contract directly with early intervention service providers to provide early intervention services to eligible children in the defined service area.

(4) "Child find" means the program component of IDEA that requires states to find, identify, locate, evaluate, and serve all children with disabilities, from birth to twenty-one years of age. Child find includes:

(a) Part C child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children from birth through two years of age; and

(b) Part B child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children from three to twenty-one years of age.

(5) "Coordinated system of payment" means the policies and procedures developed by the department, in cooperation with the departments of education, health care policy and financing, and public health and environment, and with the division of insurance in the department of regulatory agencies, private health insurance carriers, and certified early intervention service brokers, to ensure that available public and private sources of funds to pay for early intervention services for eligible children are accessed and utilized in an efficient manner.

(6) "Defined service area", on and after July 1, 2024, means the geographical area that a community-centered board serves as specified in the contract between the community-centered board and the department.

(7) Repealed.

(8) "Early intervention evaluations" means evaluations conducted pursuant to the early intervention program for infants and toddlers under part C of IDEA.

(9) "Early intervention services" means services as defined by the department in accordance with part C that are authorized through an eligible child's IFSP and are provided to families at no cost or through the application of a sliding fee schedule. Early intervention services, as specified in an eligible child's IFSP, qualify as meeting the standard for medically necessary services as used by private health insurance and as used by public medical assistance, to the extent allowed pursuant to section 25.5-1-124.

(10) "Early intervention state plan" means the state plan for a comprehensive and coordinated system of early intervention services required pursuant to part C.

(11) "Eligible child" means an infant or toddler, from birth through two years of age, who, as defined by the department in accordance with part C, has significant delays in development or has a diagnosed physical or mental condition that has a high probability of resulting in significant delays in development or who is eligible for services pursuant to section 27-10.5-102 (11)(c).

(12) "Evaluation" means:

(a) For the purposes of part C child find, the procedures used to determine a child's initial and continuing eligibility for part C child find, including but not limited to:

(I) Determining the status of the child in each of the developmental areas;

(II) Identifying the child's unique strengths and needs;

(III) Identifying any early intervention services that might serve the child's needs; and

(IV) Identifying priorities and concerns of the family and any resources to which the family has access.

(b) For the purposes of part B child find, the procedures used under IDEA for children with disabilities to determine whether a child has a disability and the nature and extent of special education and related services that the child will need.

(13) "IDEA" means the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 300 and also 34 CFR part 303 as it pertains to child find.

(14) "Individualized family service plan" or "IFSP" means a written plan developed pursuant to 20 U.S.C. sec. 1436, as amended, and 34 CFR 303.340, or any successor regulation, that authorizes the provision of early intervention services to an eligible child and the child's family. An IFSP serves as the individualized plan, pursuant to section 27-10.5-102 (20)(c), for a child from birth through two years of age.

(15) "Infants and toddlers" means children from birth through two years of age.

(16) "Multidisciplinary team" means the involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities defined in 34 CFR 303.321, or any successor regulation, and development of the child's IFSP.

(17) "Part B" means the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from three to twenty-one years of age.

(18) "Part C" means the early intervention program for infants and toddlers who are eligible for services under part C of IDEA.

(19) "Private health insurance" means a health coverage plan, as defined in section 10-16-102 (34), that is purchased by individuals or groups to provide, deliver, arrange for, pay for, or reimburse any of the costs of health-care services, as defined in section 10-16-102 (33), provided to a person entitled to receive benefits or services under the health coverage plan.

(20) "Public medical assistance" means medical services that are provided by the state through the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the "Children's Basic Health Plan Act", article 8 of title 25.5, or other public medical assistance funding sources to qualifying individuals.

(21) "Qualified early intervention service provider" or "qualified provider" means a person or agency, as defined by the department by rule in accordance with part C, who provides early intervention services or early intervention evaluations and is listed on the registry of early intervention service providers pursuant to section 26.5-3-408 (1). In the event of a shortage of qualified early intervention evaluators, the department may contract with an administrative unit to conduct early intervention evaluations if a contract is entered between the department and the administrative unit, including written consent of the director of special education, with conditions for conducting and completing the evaluations, including identification of staff, costs for services, timelines for contract completion, and any other contract elements.

(22) "Service coordination" means the activities carried out by a service coordinator to coordinate evaluation and intake activities, assist, and enable an eligible child and the eligible child's family to receive the rights, procedural safeguards, and services that are authorized to be provided under part C.

(23) "State interagency coordinating council" means the council that is established pursuant to part C and appointed by the governor to advise and assist the lead agency designated or established under part C.
C.R.S. § 26.5-3-501 — CO Code / Title 26.5 / Article 3 / Part 5 / Section 26.5-3-501
26.5-3-501. Short title
Status: in_force

26.5-3-501. Short title. The short title of this part 5 is the "Colorado Nurse Home Visitor Program Act".
C.R.S. § 26.5-3-101 — CO Code / Title 26.5 / Article 3 / Part 1 / Section 26.5-3-101
26.5-3-101. Legislative declaration
Status: in_force

26.5-3-101. Legislative declaration. (1) The general assembly declares that Colorado needs healthy and cohesive families at all income levels in order for the state to be economically viable. A number of families in communities throughout Colorado temporarily may not have access to the basic necessities of life or to resources or services designed to promote individual development and family growth.

(2) The general assembly further declares that many of Colorado's vulnerable families, individuals, children, and youth do not necessarily live in at-risk neighborhoods. These persons may not have appropriate resources or sufficient income for adequate housing, health care, or child care because the primary wage earners are unemployed or underemployed or work at jobs that pay minimum wage or less. Further, many of these persons not only live in poverty but also experience divorce or domestic violence or are single parents. Children and youth who are raised in vulnerable families experience an increased risk of being abused, being illiterate, being undereducated, dropping out of school, becoming teen parents, abusing drugs, and engaging in at-risk behaviors, including but not limited to criminal activities. These children and youth are often influenced by and likely to repeat behaviors that began with their parents.

(3) Therefore, the general assembly finds that it is appropriate to establish a program to provide family resource centers in communities to serve as a single point of entry for providing comprehensive, intensive, integrated, and collaborative state and community-based services to vulnerable families, individuals, children, and youth.
C.R.S. § 26.5-5-201 — CO Code / Title 26.5 / Article 5 / Part 2 / Section 26.5-5-201
26.5-5-201. Short title
Status: in_force

26.5-5-201. Short title. The short title of this part 2 is the "Colorado Infant and Toddler Quality and Availability Grant Program".
C.R.S. § 26.5-5-320 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-320
26.5-5-320. Injunctive proceedings
Status: in_force

26.5-5-320. Injunctive proceedings. The department, in the name of the people of the state of Colorado, through the attorney general of the state, must apply for an injunction in any court of competent jurisdiction to enjoin any person from operating any facility without a license that is required to be licensed under this part 3. If the person does not have a valid license pursuant to this part 3, the person's license has been revoked pursuant to section 26.5-5-317, or the person does not meet the licensing exemption criteria set forth in section 26.5-5-304, yet provides child care, and has a pattern of providing such child care without a valid license as required by this part 3, and despite having received notification from the department that the person or facility is in violation of the law, then the person is providing unlicensed and illegal child care. At the time the department applies for an injunction, the department shall notify law enforcement of the injunction proceedings. If it is established that the defendant has been or is so operating the facility without a valid license, the court shall enter a decree enjoining the defendant from further operating the facility unless and until the person obtains a license to operate the facility. In case of violation of any injunction issued pursuant to this section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceedings are in addition to and not in lieu of the penalty provided in section 26.5-5-321.
C.R.S. § 26.5-3-404 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-404
26.5-3-404. Child find - responsibilities - interagency operating agreements
Status: in_force

26.5-3-404. Child find - responsibilities - interagency operating agreements. (1) The department shall perform the following responsibilities and duties for infants and toddlers who are referred for early intervention services:

(a) Develop and implement, in coordination with certified early intervention service brokers, service agencies, governmental units, and the departments of education, public health and environment, and health care policy and financing, a statewide plan for public education, outreach, and awareness efforts related to child find and the availability of early intervention services;

(b) Ensure that referrals from the community are accepted and families are assisted in connecting with the appropriate agency for intake and case management services, as defined in section 25.5-10-202;

(c) Facilitate the implementation of early intervention evaluations that are the responsibility of the department pursuant to this part 4 and implement an effective and collaborative system of early intervention services. The department shall enter into any necessary interagency operating agreements at the state and local levels for such facilitation and implementation.

(d) Facilitate the implementation of part C child find and early intervention evaluations and the use of medicaid funds. The department and entities that conduct early intervention evaluations may, when appropriate, share information with the department of education, the department of health care policy and financing, or other entities that conduct early intervention evaluations, so long as each department or local agency acts in compliance with the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. sec. 1320d, as amended, and the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and all federal regulations and applicable guidelines adopted thereto.

(2) As of July 1, 2022, the department shall administer part C child find pursuant to this part 4.

(3) On or before July 1, 2022, the department shall establish a state-level interagency operating agreement, referred to in this section as the "agreement", with the department of education concerning the coordination of transitions of children from part C child find to part B child find. In developing the agreement, the department and the department of education shall involve stakeholder participation, including representatives from administrative units and part C entities. The agreement must also include:

(a) The definition of a child who is potentially eligible for part B;

(b) The processes for a parent of a child to opt out of required notifications;

(c) The required notification concerning a child who is potentially eligible for part B;

(d) A process for resolving disputes between an administrative unit and a part C entity concerning the satisfaction of agreement requirements, including remedies and sanctions;

(e) A process for resolving disputes between the department and the department of education concerning systemic and statewide issues related to agreement requirements;

(f) The development and delivery of standardized communication materials for a parent of a child who is potentially eligible for part B, including information concerning eligibility, referral, evaluation, and service delivery;

(g) The development and delivery of standardized training for part C and part B providers, including information concerning eligibility, referral, evaluation, and service delivery for the programs;

(h) The process for transferring a child's assessment, IFSP, and other necessary information to an administrative unit for consideration of a part B evaluation and eligibility determination, if a parent has provided written consent;

(i) (I) Processes to ensure timely notification to the administrative unit if a child is potentially eligible for part B. At a minimum, timely notification must occur not later than when a child is two years and six months of age; except that timely notification must occur not later than when a child is two years and three months of age if a child has a low incidence diagnosis including, but not limited to, visual impairment, including blindness; hearing impairment, including deafness; or deaf-blind.

(II) If a child is determined to be eligible for part C when the child is older than the ages described in subsection (3)(i)(I) of this section, timely notification must occur not later than ten business days after the eligibility determination.

(j) A process for including an administrative unit representative in a transition conference for a child who transitions from part C to part B;

(k) A process for including an early intervention services provider in the development of an IEP, as defined in section 22-20-103 (15), if requested by the parent of the child; and

(l) A process for timely transferring data that is required by law between the department and the department of education.

(4) The department and the department of education shall review and revise the agreement to account for any changes to state or federal law, as necessary. At a minimum, the agreement must be reviewed once every five years. In the review and revision of the agreement, the department and the department of education shall involve stakeholder participation, including representatives from administrative units and part C entities.
C.R.S. § 26.5-4-113 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-113
26.5-4-113. No individual entitlement
Status: in_force

26.5-4-113. No individual entitlement. (1) Nothing in this part 1 or any rules promulgated pursuant to this part 1 creates a legal entitlement in any person to child care assistance.

(2) A county shall not create nor be interpreted as having created a legal entitlement in any person to assistance pursuant to this part 1.

(3) Child care assistance awarded pursuant to this part 1 is awarded and held subject to the provisions of any amending or repealing law, and a recipient does not have a claim for compensation or otherwise by reason of the recipient's child care assistance being affected in any way by an amending or repealing law.
C.R.S. § 26.5-2-105 — CO Code / Title 26.5 / Article 2 / Part 1 / Section 26.5-2-105
26.5-2-105. Department duties - coordinator agreements - review
Status: in_force

26.5-2-105. Department duties - coordinator agreements - review. (1) To support and provide oversight for the statewide system of local coordinating organizations, the department shall:

(a) Select entities to serve as local coordinating organizations in communities throughout the state as provided in section 26.5-2-103;

(b) Enter into a coordinator agreement with each local coordinating organization that is partially based on the community plan and that specifies the respective duties of the local coordinating organization and the department in implementing the community plan and in meeting the requirements specified in this part 1, in part 2 of article 4 of this title 26.5 concerning the Colorado universal preschool program, and in department rule. The coordinator agreements are not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. The term of the initial coordinator agreement for a local coordinating organization is three years, and subsequent coordinator agreements must have terms of at least three but not more than five years, as determined by the department. The coordinator agreement, at a minimum, must include:

(I) Expectations, targets, and benchmarks, in alignment with statewide goals for the provision of early childhood and family support programs and services in Colorado, that the local coordinating organization is expected to meet in implementing the community plan and how the department and the local coordinating organization will measure success in meeting the expectations, targets, and benchmarks;

(II) If the local coordinating organization is a preschool provider, expectations that the local coordinating organization must meet in ensuring the availability of a mixed delivery system within the community that supports equitable parent choice and in ensuring that the organization is not unfairly advantaged in allocating funding among preschool providers based on parent choice;

(III) Expectations that the local coordinating organization must meet with regard to coordinating with entities within the community, including the entities specified in section 26.5-2-103 (2)(c);

(IV) The amount of administrative costs that the local coordinating organization receives from the department and other identified sources during the term of the coordinator agreement; and

(V) The manner in which the local coordinating organization will provide accountability and transparency concerning the amount and payment of administrative expenses and, if the local coordinating organization is distributing or administering public money, the distribution and use of the public money.

(c) Review and approve the community plan created by each local coordinating organization, including revisions of the community plan, as provided in section 26.5-2-104 (1). Before approving a community plan, the department may return the plan to the local coordinating organization with changes to ensure the community plan is feasible, meets the requirements specified in section 26.5-2-104 (1), and is aligned with the statewide goals for the provision of early childhood and family support programs and services in Colorado.

(d) Distribute and administer public funding for early childhood and family support programs and services in accordance with community plans and in coordination with local and tribal agencies, when applicable; except that the department may delegate all or a portion of the responsibility for distributing and administering public funding to a local coordinating organization through the organization's coordinator agreement;

(e) Support local coordinating organizations by providing funding, training and technical assistance, which may be provided online, and, upon request, collaborative support and assistance in implementing the community plans. The department shall prioritize communities, including rural communities, that lack funding and capacity to receive the funding and supports described in this subsection (1)(e).

(f) Review the operations of each local coordinating organization, including the local coordinating organization's compliance with the coordinator agreement and implementation of the community plan, as provided in subsection (3) of this section; and

(g) Identify successful strategies and innovations implemented by local coordinating organizations throughout the state and provide information, including by posting information on the department website, to assist local coordinating organizations in replicating and adapting the strategies and innovations in their communities.

(2) Notwithstanding the requirements imposed on local coordinating organizations pursuant to section 26.5-2-104 (2), if necessary to enable an organization to develop its capacity to serve as a local coordinating organization, the department may specify in the organization's coordinator agreement the degree to which the organization must meet the requirements specified in section 26.5-2-104 (2), with the expectation that the organization must fully meet the requirements within a reasonable time, as determined by the department.

(3) (a) The department shall implement a review process established in department rule by which the department at least annually reviews the performance of each local coordinating organization in serving its community, including implementing the approved community plan; fulfilling the duties specified in section 26.5-2-104, including providing a mixed delivery system of preschool providers; and complying with the coordinator agreement. In implementing the review process, the department shall, at a minimum:

(I) Collaborate with the local coordinating organization to establish in the coordinator agreement expectations, targets, and benchmarks for implementing the approved community plan to ensure the plan is implemented with fidelity and the local coordinating organization is making progress toward achieving the statewide goals for the provision of early childhood and family support programs and services set by the department;

(II) Measure the local coordinating organization's attainment of the expectations, targets, and benchmarks and recommend improvements and changes, including revisions to the community plan, as appropriate, to assist the local coordinating organization in improving performance;

(III) Ensure that the local coordinating organization is complying with the requirements specified in the coordinator agreement and with statutory and regulatory requirements and department guidelines, including requirements and guidelines concerning distribution and administration of funding, if the local coordinating organization is responsible for distributing and administering funding, and data collection and sharing, in implementing the approved community plan and overseeing and coordinating early childhood and family support programs within the community; and

(IV) Solicit input from families, providers, members of the early childhood workforce, local and tribal agencies, local governments, the entities specified in section 26.5-2-103 (2)(c), and other interested persons within the community concerning the performance of the local coordinating organization.

(b) If the department at any time determines that the local coordinating organization is not meeting the requirements of the coordinator agreement or is not performing at the level required to successfully implement the community plan and to ensure that the community substantially meets local and statewide goals for the provision of early childhood and family support programs and services, the department may terminate the local coordinating organization's coordinator agreement and implement the application process for selecting a new local coordinating organization for the community as provided in section 26.5-2-103.

(c) The department and a local coordinating organization may, at any time, amend the coordinator agreement or the community plan to change the role of the local coordinating organization or other aspects of the oversight of early childhood and family support programs and services within the community.

(4) (a) For any area within the state for which a local coordinating organization is not selected or for which the local coordinating organization is not fully capable of implementing all aspects of the community plan, the department shall work with the local coordinating organization, if any, and the families, providers, local governments, and local and tribal agencies in the area, as necessary, to oversee and coordinate the availability and provision of early childhood and family support programs and services within the area until such time as a local coordinating organization is selected or is deemed capable of implementing all aspects of the community plan. At a minimum, the department shall:

(I) Assist families in applying for early childhood and family support programs and services and in enrolling children with early care and education providers;

(II) Ensure, to the extent practicable, that an equitable mixed delivery system of preschool providers is available within the area, which may include contracting with providers for the delivery of preschool services;

(III) Combine and coordinate child care resources and funding, in coordination with local and tribal agencies, in order to create a full day of services for as many children as possible; and

(IV) Allocate, distribute, and administer state funding and coordinate with local and tribal agencies and local governments to allocate, combine, and distribute local funding for early childhood and family support programs and services within the area.

(b) The department may enter into an agreement with the local coordinating organization for another community to assist in fulfilling the duties described in subsection (4)(a) of this section.

(c) In an area identified pursuant to subsection (4)(a) of this section, the department shall provide training, assistance, and funding to entities in the area, which may include local and tribal agencies, local governments, and nonprofit organizations, to develop the capacity for one or more of the entities to serve as the local coordinating organization for the area. As soon as practicable, the department shall solicit applications as provided in section 26.5-2-103 for an entity to serve as the local coordinating organization for the area.

(5) The executive director shall establish by rule a process by which an applying entity that is not selected to act as a local coordinating organization, or a local coordinating organization for which the coordinating agreement is terminated, may appeal the decision of the department.
C.R.S. § 26.5-5-317 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-317
26.5-5-317. Denial of license - suspension - revocation - probation - refusal to renew licen
Status: in_force

26.5-5-317. Denial of license - suspension - revocation - probation - refusal to renew license - fines. (1) When an application for a license has been denied by the department, the department shall notify the applicant in writing of the denial by mailing a notice to the applicant at the address shown on the application. Any applicant who is aggrieved by the denial may pursue the remedy for review as provided in subsection (9) of this section if the applicant, within thirty days after receiving the notice, petitions the department to set a date and place for hearing, affording the applicant an opportunity to be heard in person or by counsel. All hearings on the denial of licenses shall be conducted in conformity with the provisions and procedures specified in article 4 of title 24, as in the case of the suspension and revocation of licenses.

(2) The department may deny an application, or suspend, revoke, or make probationary the license of any facility regulated and licensed pursuant to this part 3 or assess a fine against the licensee pursuant to section 26.5-5-323 if the licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility:

(a) Is convicted of any felony, other than those offenses specified in section 26.5-5-309 (4), or child abuse, as specified in section 18-6-401, the record of conviction being conclusive evidence thereof, notwithstanding section 24-5-101; or have entered into a deferred judgment agreement or a deferred prosecution agreement to any felony, other than those offenses specified in section 26.5-5-309 (4) or child abuse, as specified in section 18-6-401; or should the department have a certified court order from another state indicating that the applicant, licensee, person employed by the licensee, or any person residing with the licensee has been convicted of a felony, other than those offenses specified in section 26.5-5-309 (4), under a law of any other state or the United States or has entered into a deferred judgment agreement or a deferred prosecution agreement in another state as to a felony, other than those offenses specified in section 26.5-5-309 (4); or

(b) Is convicted of third degree assault, as described in section 18-3-204; any misdemeanor, 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; the violation of a protection order, as described in section 18-6-803.5; or any misdemeanor offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in this subsection (2)(b). As used in this subsection (2)(b), "convicted" has the same meaning as set forth in section 26.5-5-309 (4)(a)(II).

(c) Is determined to be insane or mentally incompetent by a court of competent jurisdiction and, if a court enters, 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 licensee is incapable of operating a family child care home or child care center, the record of such determination and entry of such order being conclusive evidence thereof; or

(d) Uses any controlled substance, as defined in section 18-18-102 (5), including retail marijuana, or consumes any alcoholic beverage during the operating hours of the facility or is under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility; or

(e) Is convicted of unlawful use of a controlled substance as specified in section 18-18-404; unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance as specified in section 18-18-403.5 or 18-18-405; or unlawful offenses relating to marijuana or marijuana concentrate as specified in section 18-18-406; or

(f) Consistently fails to maintain standards prescribed and published by the department; or

(g) Furnishes or makes any misleading or any false statement or report to the department; or

(h) Refuses to submit to the department any reports or refuses to make available to the department any records required by it in making investigation of the facility for licensing purposes; or

(i) Fails or refuses to submit to an investigation or inspection by the department or to admit authorized representatives of the department at any reasonable time for the purpose of investigation or inspection; or

(j) Fails to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for child care pursuant to standards prescribed by the department of public health and environment and the department or by ordinances or regulations applicable to the location of such facility; or

(k) Willfully or deliberately violates any of the provisions of this part 3 or any of the standards prescribed and published in department rule pursuant to this part 3; or

(l) Fails to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provision for personal care, medical services, clothing, and other essentials in the proper care of children; or

(m) Is charged with the commission of an act of child abuse or an unlawful sexual offense, as specified in section 18-3-411 (1), if:

(I) Such individual has admitted committing the act or offense and the admission is documented or uncontroverted; or

(II) The administrative law judge finds that such charge is supported by substantial evidence; or

(n) Admits to an act of child abuse or if substantial evidence is found that the licensee, person employed by the licensee, or person who resides with the licensee in the licensed facility has committed an act of child abuse. As used in this subsection (2)(n), "child abuse" has the same meaning as that ascribed to the term "abuse" or "child abuse or neglect" in section 19-1-103 (1); or

(o) Is the subject of a negative licensing action.

(3) The department may deny an application to renew a license based on the grounds set forth in subsection (2) of this section. The denial is effective upon the expiration of the existing license. The existing license does not continue in effect even though the applicant for renewal files a request for hearing or appeal.

(4) The department may deny an application for a child care facility license pursuant to this part 3 if the applicant is a relative affiliate of a licensee of a child care facility licensed pursuant to this part 3, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the department that may result in a negative licensing action.

(5) (a) (I) The department shall deny an application for a license under the circumstances described in section 26.5-5-309 (4). The department shall revoke or suspend a license previously issued if:

(A) The licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of any of the criminal offenses set forth in section 26.5-5-309 (4); or

(B) The department has a certified court order from another state indicating that the licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted of, or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of, a criminal offense under a law of any other state or of the United States that is similar to any of the criminal offenses set forth in section 26.5-5-309 (4); or

(C) The licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and the 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 licensee is incapable of operating a family child care home or child care center, the record of the determination and entry of the order being conclusive evidence thereof.

(II) As used in this subsection (5)(a), "convicted" means a conviction by a jury or by a court and 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) A certified copy of the judgment of a court of competent jurisdiction of such conviction or deferred judgment and sentence agreement, deferred prosecution agreement, deferred adjudication agreement, or a certified court order from another state indicating such an agreement from another state is prima facie evidence of such conviction or agreement.

(6) The department shall deny an application for an entity licensed under this part 3 and shall revoke the license of an entity licensed under this part 3 if the entity cultivates marijuana pursuant to the authority in section 16 of article XVIII of the state constitution.

(7) The department may assess fines, pursuant to the provisions of section 26.5-5-323, against a licensee or a person employed by the licensee who willfully and deliberately or consistently violates the standards prescribed and published by the department or the provisions of this part 3.

(8) The department shall determine the existence of convictions identified in 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).

(9) The department shall suspend or revoke a license only in conformity with the provisions and procedures specified in article 4 of title 24, and after a hearing thereon as provided in said article 4; except that an administrative law judge shall conduct all hearings under this part 3 and issue an initial decision. The executive director shall review the initial decision and issue the final decision of the department. A licensee is not entitled to a right to cure any of the charges described in subsection (2)(a), (2)(c), (2)(d), or (2)(m)(I) of this section. A hearing does not prevent or delay any injunctive proceedings instituted under the provisions of section 26.5-5-320.
C.R.S. § 26.5-1-116 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-116
26.5-1-116. Wearing cultural or religious objects at preschool graduation ceremonies - defin
Status: in_force

26.5-1-116. Wearing cultural or religious objects at preschool graduation ceremonies - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Adornment" means something attached to, or worn with, but not replacing or covering in its entirety, graduation attire, and is not limited to decorating graduation caps.

(b) "Cultural" means a recognized practice or tradition of a certain group of people and includes only a protected class based on disability, race, creed, ethnicity, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry. "Cultural" does not include objects related to tribal regalia as defined in section 26.5-1-114, incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats.

(c) "Graduation attire" means attire that a preschool requires a student to wear as part of the dress code for a graduation ceremony.

(d) "Student" means an individual participating in the graduation ceremony as a graduate.

(2) A student may wear recognized objects of cultural or religious significance as an adornment during the student's graduation ceremony. An adornment worn by a student must comply with the preschool's dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture.

(3) A preschool shall not impose restrictions on what a student may wear under the student's required graduation attire beyond what is required by a preschool's dress code policy, as long as the dress code policy does not infringe upon a student's gender expression, as defined in section 24-34-301, gender identity, religion, or culture.

(4) (a) This section does not limit a preschool's ability to prohibit an adornment that is likely to cause a substantial disruption of, or material interference with, the graduation ceremony.

(b) A prohibition imposed by a preschool pursuant to subsection (4)(a) of this section must be:

(I) Based on evidence of disruption rather than relying on an undifferentiated fear or apprehension of disturbance; and

(II) By the least restrictive means necessary.

(5) On or before August 1, 2024, a public preschool provider, as defined in section 26.5-5-303, shall develop and adopt a policy that aligns with the requirements of this section.

(6) This section applies to a graduation held by a public preschool provider, as defined in section 26.5-5-303.

(7) This section does not limit the rights of certain individuals to wear tribal regalia to a public preschool graduation, as described in section 26.5-1-114.
C.R.S. § 26.5-3-207 — CO Code / Title 26.5 / Article 3 / Part 2 / Section 26.5-3-207
26.5-3-207. Disbursement of grants from the trust fund - restrictions
Status: in_force

26.5-3-207. Disbursement of grants from the trust fund - restrictions. (1) Grants may be awarded to provide money for the start-up, continuance, or expansion of primary or secondary prevention programs, including pilot programs and educational programs for professionals and the public, and to study and evaluate primary and secondary prevention programs. In addition, grants may be awarded for programs to prevent and reduce the occurrence of prenatal substance exposure and an evidence-based or research-based child sexual abuse prevention training model to prevent and reduce the occurrence of child sexual abuse.

(2) The distribution of money credited to the trust fund by reimbursement for prevention services and programs identified in the federal Title IV-E prevention services clearinghouse must fund programs and services that align with the state's prevention strategy, pursuant to the federal "Family First Prevention Services Act of 2018", including consideration of variable needs and resources across the state and data-driven approaches, and be informed by the department in consultation with county departments of human or social services and other entities that deliver the eligible services or programs. Eligible services or programs may include those under evaluation for the purposes of petitioning the federal government for inclusion in the federal Title IV-E prevention services clearinghouse; except that, if the service or program at the time of federal review is rated to not meet criteria for inclusion in the federal Title IV-E prevention services clearinghouse, money credited to the trust fund by reimbursement for prevention services must not be allocated for that purpose in the next fiscal year, unless there is an evaluation of the service or program already underway that will build substantial new evidence that has the potential to change the service or program rating, or the service or program has been submitted to the federal clearinghouse for re-review.

(3) The board has discretion to oversee the disbursement of money from the trust fund to ensure its appropriate use and make recommendations for the total grant amount to be awarded each year.

(4) The board shall not authorize any grant awards pursuant to subsection (1) of this section for political, election, or lobbying purposes.
C.R.S. § 26.5-3-901 — CO Code / Title 26.5 / Article 3 / Part 9 / Section 26.5-3-901
26.5-3-901. Legislative declaration
Status: in_force

26.5-3-901. Legislative declaration. (1) The general assembly finds and declares that:

(a) Traditional methods of delivering family-strengthening service programs, which often require parents and their children to travel to a program site to access services delivered simultaneously to multiple families, often create barriers, such as limited access to transportation or creation of a stigma around receiving services, that prevent families, especially low-income families, from receiving the benefits of the services;

(b) Evidence demonstrates that voluntary, high-quality, evidence-based programs that deliver family-strengthening support services help parents and other caregivers develop the skills and confidence needed to promote their children's healthy development and learning;

(c) Home visiting is a service delivery strategy that is successfully used to deliver a wide array of high-quality, voluntary family-strengthening support services and that enables families to overcome barriers to access because the services are delivered in the home or other convenient settings, which are often selected by the family;

(d) Home visiting is a service delivery strategy that can be leveraged to provide high-quality, voluntary, family-strengthening support services to more Colorado families who have fewer resources and are exposed to risk factors that may lead to poor outcomes in child development. Using home visiting to provide these services results in a strong return on investment by improving school readiness and helping Colorado's children reach their full potential.

(e) Family-strengthening support services that are delivered through home visiting have also demonstrated improved family and child outcomes by promoting solid parent-child relationships, improving child and parental social-emotional and physical health, improving family economic security, identifying developmental delays early, providing timely child welfare intervention services, and preventing trauma and toxic stress.

(2) The general assembly finds, therefore, that authorizing grant programs to support home visiting programs that deliver high-quality, voluntary, family-strengthening support services is one of the best strategies available to support parents and other caregivers in preparing children for future success and ensure all Colorado children are ready to learn when they arrive at school.
C.R.S. § 26.5-3-504 — CO Code / Title 26.5 / Article 3 / Part 5 / Section 26.5-3-504
26.5-3-504. Nurse home visitor program - created - rules
Status: repealed

26.5-3-504. Nurse home visitor program - created - rules. (1) (a) There is established the nurse home visitor program to provide regular in-home visiting nurse services to low-income first-time mothers, with their consent, during their pregnancies and through their children's second birthday. The program provides trained visiting nurses to help educate mothers on the importance of nutrition and avoiding alcohol and drugs, including nicotine, and to assist and educate mothers in providing general care for their children and in improving health outcomes for their children. In addition, visiting nurses may help mothers in locating assistance with educational achievement and employment. Any assistance provided through the program is provided only with the consent of the low-income first-time mother, and she may refuse further services at any time.

(b) The nurse home visitor program, as it existed prior to July 1, 2022, is transferred to the department of early childhood. All rules, orders, and awards of the state board of health concerning the nurse home visitor program adopted prior to July 1, 2022, continue to be effective until revised, amended, repealed, or nullified pursuant to law. All grants in existence as of July 1, 2022, are valid through June 30, 2023, and may be extended or renewed beyond said date.

(2) The program must be administered in communities throughout the state by entities selected on a competitive basis by the health sciences facility and approved by the executive director. Any entity that seeks to administer the program shall submit an application to the department as provided in section 26.5-3-506. The entities selected pursuant to section 26.5-3-507 are expected to provide services to a minimum of one hundred low-income first-time mothers in the community in which the entity administers the program; except that the executive director may grant a waiver of this requirement if the population base of the community does not have the capacity to enroll one hundred eligible families. The executive director shall consult with the health sciences facility prior to granting the waiver to ensure that the entity can implement the program within the smaller community and maintain compliance with the program requirements. A mother is eligible to receive services through the program if she is pregnant with her first child, or her first child is less than one month old, and her gross annual income does not exceed two hundred percent of the federal poverty line.

(3) The executive director shall promulgate, pursuant to the provisions of article 4 of title 24, rules to implement the program. The executive director shall base the rules establishing program training requirements, program protocols, program management information systems, and program evaluation requirements on research-based model programs that have been implemented in one or more other states for a period of at least five years and have shown significant reductions in:

(a) The occurrence among families receiving services through the model program of infant behavioral impairments due to use of alcohol and other drugs, including nicotine;

(b) The number of reported incidents of child abuse and neglect among families receiving services through the model program;

(c) The number of subsequent pregnancies by mothers receiving services through the model program;

(d) The receipt of public assistance by mothers receiving services through the model program;

(e) Criminal activity engaged in by mothers receiving services through the model program and their children.

(4) Notwithstanding the provisions of subsection (3) of this section, the executive director shall adopt rules pursuant to which a nurse home visitation program that is in operation in the state as of July 1, 1999, may qualify for participation in the program if it can demonstrate that it has been in operation in the state for a minimum of five years and that it has achieved a reduction in the occurrences specified in subsection (3) of this section. Any program so approved is exempt from the rules adopted regarding program training requirements, program protocols, program management information systems, and program evaluation requirements so long as the program continues to demonstrate a reduction in the occurrences specified in subsection (3) of this section.

(5) The department may propose to the executive director rules concerning program applications pursuant to section 26.5-3-506. Any such proposal must be made in consultation with the health sciences facility.
C.R.S. § 26.5-5-302 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-302
26.5-5-302. Legislative declaration concerning the protections afforded by regulation
Status: in_force

26.5-5-302. Legislative declaration concerning the protections afforded by regulation. (1) The general assembly finds and declares that increasing numbers of children in Colorado are spending a significant portion of their day in care settings outside their own homes. The general assembly finds that regulation and licensing of child care facilities contribute to a safe and healthy environment for children. The provision of such environment affords benefits to children, their families, their communities, and the larger society. The general assembly acknowledges that there is a need to balance accessibility and quality of care when regulating child care facilities. It is the intent of the general assembly that those who regulate and those who are regulated work together to meet the needs of the children, their families, and the child care industry.

(2) In balancing the needs of children and their families with the needs of the child care industry, the general assembly also recognizes the financial demands with which the department is faced in its attempt to ensure a safe and sanitary environment for those children of the state of Colorado who are in child care facilities. In an effort to reduce the risk to children outside their homes while recognizing the financial constraints placed upon the department, it is the intent of the general assembly that the limited resources available be focused primarily on those child care facilities that have demonstrated that children in their care may be at higher risk pursuant to section 26.5-5-316.
C.R.S. § 26.5-3-502 — CO Code / Title 26.5 / Article 3 / Part 5 / Section 26.5-3-502
26.5-3-502. Legislative declaration
Status: in_force

26.5-3-502. Legislative declaration. (1) The general assembly finds that in order to adequately care for their newborns and young children, new mothers may often benefit from receiving professional assistance and information. Without such assistance and information, a young mother may develop habits or practices that are detrimental to her health and well-being and the health and well-being of her child. The general assembly further finds that inadequate prenatal care and inadequate care in infancy and early childhood often inhibit a child's ability to learn and develop throughout the child's childhood and may have lasting, adverse effects on the child's ability to function as an adult. The general assembly recognizes that implementation of a nurse home visitor program that provides educational, health, and other resources for new young mothers during pregnancy and the first years of their infants' lives has been proven to significantly reduce the amount of drug, including nicotine, and alcohol use and abuse by mothers, the occurrence of criminal activity committed by mothers and their children under fifteen years of age, and the number of reported incidents of child abuse and neglect. Such a program has also been proven to reduce the number of subsequent births, increase the length of time between subsequent births, and reduce the mother's need for other forms of public assistance. It is the intent of the general assembly that such a program be established for the state of Colorado, beginning with a limited number of participants and expanding by the year 2010 to be available to all low-income, first-time mothers in the state who consent to receiving services.

(2) The general assembly further finds that, to implement such a program efficiently and effectively and to promote the successful implementation of partnerships between state public entities and the private sector, responsibility for the program should be divided between the department, which is responsible for financial administration of the program, and a health sciences facility at the university of Colorado, which is responsible for programmatic and clinical support, evaluation, and monitoring for the program, and such other responsibilities as described in this part 5. It is the intent of the general assembly that the department and the health sciences facility work collaboratively to share information in order to promote efficient and effective program implementation; however, neither entity is responsible for the other entity's statutorily prescribed duties.
C.R.S. § 26.5-3-701 — CO Code / Title 26.5 / Article 3 / Part 7 / Section 26.5-3-701
26.5-3-701. Definitions
Status: in_force

26.5-3-701. Definitions. As used in this part 7, unless the context otherwise requires:

(1) "Mental health consultant" means an early childhood mental health consultant who is funded by appropriations allocated or awarded to the department for the program and who meets the qualifications outlined in the program designed and developed pursuant to this part 7.

(2) "Program" means the statewide voluntary program of early childhood mental health consultation designed, implemented, and operated by the department pursuant to this part 7.
C.R.S. § 26.5-4-118 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-118
26.5-4-118. Records confidential - authorization to obtain records of assets - release of lo
Status: in_force

26.5-4-118. Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants. (1) The executive director may establish reasonable rules to provide safeguards restricting the use or disclosure of information concerning applicants, recipients, and former and potential recipients of federally aided child care assistance to purposes directly connected with the administration of the Colorado child care assistance program and related department activities and covering the custody, use, and preservation of the records, papers, files, and communications of the department and county departments. Whenever, under provisions of law, names and addresses of applicants for, recipients of, or former and potential recipients of child care assistance are furnished to or held by another agency, department of government, or an auditor conducting a financial or performance audit of a county department pursuant to section 26-1-114.5, the agency, department, or auditor is required to prevent the publication of lists and uses of the lists for purposes not directly connected with the administration of the Colorado child care assistance program.

(2) (a) (I) Except as provided in subsections (2)(a)(II) and (2)(a)(III) of this section, or except as disclosure is otherwise required by statute or by rule of civil procedure for child support establishment or enforcement purposes, it is unlawful for a person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving child care assistance directly or indirectly derived from the records, papers, files, or communications of the department or county departments or subdivisions or agencies thereof or acquired in the course of the performance of official duties. A financial institution or insurance company that provides the data, whether confidential or not, required by the department, in accordance with the provisions of this subsection (2), is not liable for providing the data to the department nor for any use the department makes of the data.

(II) The information described in subsection (2)(a)(I) of this section may be disclosed for purposes directly connected with the administration of the Colorado child care assistance program and in accordance with this subsection (2) and with department rules.

(III) (A) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the department shall provide the bureau with information concerning the location of any person whose name appears in the department's records who is the subject of an outstanding felony arrest warrant. Upon receipt of the information, it is the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the department. Location information provided pursuant to this section must be used solely for law enforcement purposes. The department and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the department nor its employees or agents are liable in a civil action for providing information in accordance with the provisions of this subsection (2)(a)(III)(A).

(B) As used in subsection (2)(a)(III)(A) of this section, "law enforcement agency" means an agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to a police department, a sheriff's department, a district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation.

(b) By signing an application or redetermination of eligibility form for child care assistance, an applicant authorizes the department to obtain records pertaining to information provided in that application or redetermination of eligibility form from a financial institution, as defined in section 15-15-201 (4), or from an insurance company. The application or redetermination of eligibility form must contain language clearly indicating that signing constitutes such an authorization.

(c) A county department shall not deny an applicant or discontinue a recipient due to the disclosure of assets unless and until the county department has assured that the assets taken together with other assets exceed the limit for eligibility of countable assets.

(3) The applicant for or recipient of child care assistance, or the applicant's or recipient's representative, must have an opportunity to examine all applications and pertinent records concerning the applicant or recipient that constitute a basis for denial, modification, or termination of child care assistance or to examine the records in the case of a fair hearing.

(4) A person who violates subsection (1) or (2) of this section commits a petty offense.
C.R.S. § 26.5-3-301 — CO Code / Title 26.5 / Article 3 / Part 3 / Section 26.5-3-301
26.5-3-301. Definitions
Status: in_force

26.5-3-301. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Facility" means an agency meeting the standards described in section 27-81-106 (1) and approved pursuant to section 27-81-106.

(2) "Pilot program" means the child care services and substance use disorder treatment pilot program created in this part 3.
C.R.S. § 26.5-2-201 — CO Code / Title 26.5 / Article 2 / Part 2 / Section 26.5-2-201
26.5-2-201. Legislative declaration
Status: in_force

26.5-2-201. Legislative declaration. (1) The general assembly finds and declares that there is a critical need to increase services for young children and their families, including those families with members who are entering the workforce due to Colorado's reform of the welfare system, making the transition off of welfare, or needing child care assistance to avoid the welfare system. The statewide need includes increasing and sustaining the quality, accessibility, capacity, and affordability of services for children and their parents to help parents raise their children to be successful at school, at work, and in the community.

(2) Research demonstrates that there are positive outcomes for young children and their families who receive quality, integrated child care and related services in their early, preschool years, delivered through a comprehensive early childhood system that includes quality care and education, family support, health, and mental health programs.

(3) Providers of half-day preschool and full-day child care services have to overcome barriers and inflexible requirements of the various sources of funding in order to design and implement programs that are more responsive to the needs of working families.

(4) Consideration of various state and federal funding sources would allow for an integrated delivery system of quality programs for young children and their families in Colorado's communities.

(5) An integrated delivery system would further enhance the ability of the department to identify the best practices relative to increasing and sustaining quality and to meeting the diverse needs of families seeking child care and other early childhood services.

(6) Distinctly local needs and conditions require that the state design and integrate a system that has the flexibility to adapt to those local needs.

(7) It is therefore in the state's best interest to establish a comprehensive system of early childhood councils to increase and sustain the availability, accessibility, capacity, and quality of early childhood services throughout the state, as provided in this part 2.
C.R.S. § 26.5-2-207 — CO Code / Title 26.5 / Article 2 / Part 2 / Section 26.5-2-207
26.5-2-207. Early childhood councils - waivers - rules - funding - application
Status: in_force

26.5-2-207. Early childhood councils - waivers - rules - funding - application. (1) A local council may request a waiver of any rule that would prevent a council from implementing council projects. The local council shall submit the request to the early childhood leadership commission created in part 3 of article 1 of this title 26.5. The early childhood leadership commission shall consult with the affected state agency in reviewing the request. The department or other affected state agency shall grant waivers upon recommendation by the commission.

(2) (a) The executive director shall promulgate rules to develop and distribute to councils the application form and application process to be used by each council seeking to receive council infrastructure, quality improvement, technical assistance, and evaluation funding from the early childhood cash fund created in section 26.5-2-209 and other funding sources appropriated for early childhood services.

(b) The department shall, upon receipt, review applications for early childhood funding from the early childhood cash fund established in section 26.5-2-209 and other funding sources appropriated for early childhood services.

(c) The department is authorized to enter into a sole-source contract with any council to increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for young children and their parents.
C.R.S. § 26.5-3-507 — CO Code / Title 26.5 / Article 3 / Part 5 / Section 26.5-3-507
26.5-3-507. Selection of entities to administer the program - grants - nurse home visitor pr
Status: in_force

26.5-3-507. Selection of entities to administer the program - grants - nurse home visitor program fund - created. (1) On receipt of the list of entities recommended by the health sciences facility, the executive director shall select the entities that will administer the program in communities throughout the state. In selecting entities, the executive director shall give special consideration to entities that are proposing to administer the program as a collaborative effort among multiple entities.

(2) (a) The executive director shall specify the amounts of the grants that entities selected to operate the program receive. The grants may include operating costs and additional amounts for training and development of any infrastructure, including but not limited to development of the information management system necessary to administer the program. The executive director shall determine the number of entities selected and the number of communities in which the program is implemented based on the money available in the nurse home visitor program fund created in subsection (2)(c) of this section.

(b) Except as otherwise provided in section 26.5-3-508, the department is responsible for financial administration of this part 5, which includes compensating the health sciences facility pursuant to section 26.5-3-505 (4); paying grants to entities selected to administer the program; monitoring financial, contractual, and regulatory compliance; providing medicaid financing oversight; managing accounting and budgeting; and, in cooperation with the health sciences facility, managing grant applications as set forth in section 26.5-3-506. The department shall also cooperate with the health sciences facility's administration of programmatic and clinical support, evaluation, and monitoring of the program. The department is not responsible for any duties assigned to the health sciences facility with respect to the program, as described in section 26.5-3-505.

(c) (I) Grants awarded pursuant to subsection (2)(a) of this section are payable from the nurse home visitor program fund, which fund is created in the state treasury. The nurse home visitor program fund, referred to in this section as the "fund", is administered by the department and consists of money transferred to the fund by the state treasurer from money received pursuant to the master settlement agreement in the amount described in subsection (2)(e) of this section. In addition, the state treasurer shall credit to the fund any public or private gifts, grants, or donations received by the department to implement the program, including any money received from the United States federal government for the program. The fund is subject to annual appropriation by the general assembly to the department for grants to entities for operation of the program. The department may retain the amount needed to pay for the program's share of the department's indirect costs, as calculated under the federally approved cost allocation plan. In addition, the department may retain a total of up to five percent of the amount annually appropriated from the fund for the program, in order to compensate the health sciences facility pursuant to section 26.5-3-505 (4), as set forth in the scope of work in the agreement between the department and the health sciences facility, and to compensate the department for the actual costs the department incurs in implementing subsection (2)(b) of this section, as determined by the department; except that the portion of the costs to compensate the department for implementing subsection (2)(b) of this section must not exceed two percent of the amount annually appropriated from the fund for the program, and the portion of such costs to compensate the health sciences facility pursuant to section 26.5-3-505 (4), as set forth in the scope of work in the contract between the department and the health sciences facility, must not exceed three percent of the amount annually appropriated from the fund for the program. In addition, if the total amount annually appropriated from the fund for the program exceeds nineteen million dollars, the department and the health sciences facility shall assess whether a smaller percentage of the appropriated funds exceeding nineteen million dollars is adequate to cover their actual costs and shall jointly submit to the general assembly a report articulating their conclusions on this subject. The actual costs of the department include department personnel and operating costs and any necessary transfers to the department of health care policy and financing for administrative costs incurred for the medicaid program associated with the program. The actual costs of the health sciences facility include the facility's own actual program costs and those of its contractors and subcontractors. Any costs for time studies required to obtain medicaid reimbursement for the program may be paid from program funds and are not subject to the five percent limit in this section. Notwithstanding section 24-36-114, all interest derived from the deposit and investment of money in the fund must be credited to the fund. Except as otherwise provided in subsection (2)(c)(II) of this section, all unexpended and unencumbered money in the fund at the end of any fiscal year remains in the fund and must not be transferred to the general fund or any other fund.

(II) On July 1, 2020, the state treasurer shall transfer four million two hundred thirty-seven thousand three hundred seventy-five dollars from the fund to the general fund.

(d) It is the intent of the general assembly that general fund money not be appropriated for implementation of the program.

(e) Pursuant to section 24-75-1104.5 (1.7)(a), and except as otherwise provided in section 24-75-1104.5 (5), for the 2016-17 fiscal year and for each fiscal year thereafter so long as the state receives money pursuant to the master settlement agreement, the state treasurer shall transfer to the fund twenty-eight and seven-tenths of the master settlement agreement money received by the state, other than attorney fees and costs, during the preceding fiscal year. The transfer must be from money credited to the tobacco litigation settlement cash fund created in section 24-22-115.
C.R.S. § 26.5-3-806 — CO Code / Title 26.5 / Article 3 / Part 8 / Section 26.5-3-806
26.5-3-806. Child care teacher salary grant program - created - timeline - criteria and elig
Status: in_force

26.5-3-806. Child care teacher salary grant program - created - timeline - criteria and eligibility - grant awards - reports - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "CCCAP" means the Colorado child care assistance program created in part 1 of article 4 of this title 26.5.

(b) "Child care center" has the same meaning as set forth in section 26.5-5-303.

(c) "Eligible entity" means a child care center licensed pursuant to part 3 of article 5 of this title 26.5 or a family child care home that has the following components:

(I) Authorization to serve families pursuant to CCCAP; and

(II) A quality rating of at least a level three pursuant to the Colorado shines quality rating and improvement system established in section 26.5-5-101.

(d) "Family child care home" has the same meaning as set forth in section 26.5-5-303.

(e) "Grant program" means the child care teacher salary grant program created in subsection (2) of this section.

(2) There is created in the department the child care teacher salary grant program. The purpose of the grant program is to allow eligible entities to apply for a grant to increase the salaries of its early childhood educators.

(3) The department shall solicit and review applications from eligible entities. Each application must, at a minimum, include:

(a) A description of the number of early childhood educators proposed to receive a salary increase;

(b) Verification that the eligible entity has had a quality rating of at least level three under the Colorado shines quality rating and improvement system during the past twelve months and specification of that quality rating level;

(c) Verification that the eligible entity is authorized to administer subsidies under CCCAP;

(d) Verification that the eligible entity is actively serving families that are subsidized through CCCAP; and

(e) Written attestation the money received from the grant program will only be used to increase salaries of early childhood educators, as specified in subsection (4) of this section.

(4) The department shall establish the percentage of salary increase for each early childhood educator, based on the number of applications and available appropriations.