C.R.S. § 26.5-3-104 — CO Code / Title 26.5 / Article 3 / Part 1 / Section 26.5-3-104
26.5-3-104. Selection of centers - grants
Status: in_force

26.5-3-104. Selection of centers - grants. (1) The department may award a grant for the purpose of establishing a family resource center based on a plan submitted to the department by the applicant or for the continued operation of a family resource center. The plan must meet specific criteria that the department is authorized to set, but the criteria must include at least the following provisions:

(a) Members of the community participate in the development and implementation of the family resource center;

(b) The center is governed by a local advisory council comprised of community representatives such as:

(I) Families living in the community;

(II) Local public or private service provider agencies;

(III) Local job skills training programs, if any;

(IV) Local governing bodies;

(V) Local businesses serving families in the community; and

(VI) Local professionals serving families in the community;

(c) The advisory council establishes rules concerning the operation of the family resource center, including provisions for staffing;

(d) Services the family resource center provides are coordinated and tailored to the specific needs of individuals and families who live in the community;

(e) The family resource center:

(I) Promotes and supports, and does not supplant, successful individual and family functioning and increases the recognition of the importance of successful individuals and families in the community;

(II) Contributes to the strength of family ties;

(III) Establishes programs that focus on the needs of family members, such as preschool programs, family preservation programs, and teenage pregnancy prevention programs, and assists the individual or family in moving toward greater self-sufficiency;

(IV) Recognizes the diversity of families within the community;

(V) Supports family stability and unity;

(VI) Treats families as partners in providing services;

(VII) Encourages intergovernmental cooperation and a community-based alliance between government and the private sector. This cooperation may include, but need not be limited to, the pooling of public and private funds available to state agencies upon appropriation or transfer by the general assembly.

(VIII) Provides programs that reduce institutional barriers related to categorical funding and eligibility requirements;

(IX) Makes information regarding available resources and services readily accessible to individuals and families; and

(X) Coordinates efforts of public and private entities to connect families to services and supports that encourage the development of early childhood and other family support systems; and

(f) The family resource center coordinates the provision of services and pools the resources of providers of services to aid in funding and operating the center.

(2) If the department determines, from any report submitted by a local advisory council or any other source, that the operation of a family resource center is not in compliance with this part 1 or any rule adopted pursuant to the provisions of this part 1, the department may impose sanctions, including termination of the grant.
C.R.S. § 26.5-4-119 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-119
26.5-4-119. State income tax refund offset - rules
Status: in_force

26.5-4-119. State income tax refund offset - rules. (1) (a) At any time prescribed by the department of revenue, but not less frequently than annually, the department shall certify to the department of revenue information regarding persons who are obligated to the state for overpayment of child care assistance. The information must include certification of the amount of overpayment, which has been determined by final agency action or has been ordered by a court as restitution or has been reduced to judgment.

(b) The information must also include the name and the social security number or tax identification number of the person obligated to the state for the overpayment, the amount of the obligation, and any other identifying information the department of revenue may require.

(2) As a condition of certifying an overpayment to the department of revenue as provided in subsection (1) of this section, the department shall ensure that the obligated person has been afforded the opportunity for a conference at the county department level and the opportunity for an appeal to the department pursuant to section 26.5-4-108. In addition, the department, prior to final certification of the information specified in subsection (1) of this section to the department of revenue, shall notify the obligated person, in writing, at the person's last-known address, that the state intends to refer the person's name to the department of revenue in an attempt to offset the obligation against the person's state income tax refund. The notification must inform the obligated person of the opportunity for a conference with the county department and of the opportunity for an appeal to the department pursuant to section 26.5-4-108. In addition, the notice must specify issues that the obligated person may raise at an evidentiary conference or on appeal, as provided by this subsection (2), in objecting to the offset and must specify that the obligated person may not object to the fact that an overpayment occurred. If the obligated person desires an evidentiary conference or appeal as provided in this subsection (2), the person must request the conference or appeal within thirty days after the date on which the notice was mailed.

(3) Upon receiving notice from the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108, the department shall disburse the amounts to the appropriate county to process for distribution to the state or local agency to whom the person is obligated.

(4) The executive director shall promulgate rules establishing procedures to implement this section.

(5) The department shall provide the home addresses and social security numbers or tax identification numbers of persons subject to the income tax refund offset, provided to the department by the department of revenue, to the appropriate county department.
C.R.S. § 26.5-4-106 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-106
26.5-4-106. Applications for child care assistance - applications for child care employees -
Status: in_force

26.5-4-106. Applications for child care assistance - applications for child care employees - verification - award - not assignable - limitation - rules. (1) (a) An individual wishing to apply for child care assistance may do so, and the assistance shall be furnished with reasonable promptness to each eligible individual in accordance with department rules.

(b) On or before August 1, 2026, and subject to available federal appropriations, the department rules must provide for a simplified application so child care assistance may be furnished to eligible persons as soon as possible and must provide adequate safeguards and controls to ensure that only eligible persons receive child care assistance pursuant to this part 1. The department and a county department shall publicly disclose or publicize income eligibility levels by income percentage and by monthly income for families to use before applying. The unified application that the department develops pursuant to section 26.5-1-110 must at some point include application for child care assistance through CCCAP.

(c) A person seeking child care assistance shall submit an application in accordance with department rule, and the department shall ensure that the application is routed to the applicant's county of residence. An application for child care assistance must:

(I) Be in writing or reduced to writing in the manner and upon the form prescribed by the department;

(II) Include the applicant's current residency and name of the applicant; the age and name of the child or children for whom care is requested; low-income eligible activity; income; incapacitation, if applicable; and such other information as may be required by department rule that is necessary to determine eligibility. The department shall not request that the applicant provide immunization history, except when utilizing child care that is provided outside of the child's home by a non-relative qualified license-exempt provider. Custody arrangements shall not be included on the application or otherwise collected to determine eligibility for CCCAP. The county department may request, but shall not require, information on child care provider selection at the time of application.

(III) Be verified by the signature of the applicant.

(d) A county department shall not add additional required eligibility criteria to the application or redetermination processes.

(2) (a) When a county department receives an application for child care assistance, it shall promptly make a record concerning the circumstances of the applicant to verify the facts supporting the application and shall examine all pertinent records. The county department shall also verify any other information required by department rule.

(b) In verifying an application received pursuant to this section, the county department shall confirm that the applicant meets the eligibility requirements for receiving public assistance specified in section 26-2-111 (1).

(c) If the information is reasonably available, the county department shall complete the verification before approving or continuing child care assistance.

(d) Within ten working days after the county department discovers a discrepancy relating to a fraudulent or suspected fraudulent act affecting eligibility, the county department shall refer the matter to the appropriate investigatory agency for investigation. The investigatory agency shall take action within thirty days following receipt of the information from the county department.

(e) The county department, the department, and the officers and authorized employees of each may conduct visits to the home of the applicant at reasonable times, make investigations and require the attendance and testimony of witnesses and the production of books, records, and papers by subpoena, and make application to the district court to compel and enforce such attendance and testimony of witnesses and the production of such books, records, and papers. Officers and employees designated by the county department or the department may administer oaths and affirmations.

(3) (a) Upon completion of the verification and record of each application for child care assistance, the county department, pursuant to department rules, shall determine whether the applicant is eligible for child care assistance, the amount of child care assistance to be granted, and the beginning date of the assistance. In determining the amount of child care assistance to be granted, the county department shall take due account, pursuant to department rules, of any income or property available to the applicant and any support, either in cash or in kind, that the applicant may receive from other sources.

(b) When the eligibility, amount, and date for beginning child care assistance have been established, the county department shall make an award to or on behalf of the applicant in accordance with department rules, which award is binding on the county and shall be complied with by the county until it is modified or vacated. The county department shall at once notify the applicant and the department, in writing, of its decisions on child care assistance and the reasons for those decisions.

(4) (a) A county department shall not deny child care assistance for a person who is otherwise qualified to receive child care assistance by reason of the fact that:

(I) The person is the owner of real estate occupied by the person as a residence; or

(II) The person is the owner of personal property that is exempt by the laws of Colorado from execution or attachment.

(b) The executive director by rule may establish limitations on the value of real and personal property and other resources, not included in subsection (4)(a) of this section, that may be available to an applicant or recipient without affecting eligibility for child care assistance.

(c) For child care assistance purposes, the value of residential or other real property is equal to the actual value of the property, as determined by the county assessor pursuant to article 1 of title 39.

(5) A county department shall not require a person, as a condition of receiving child care assistance, to repay or promise to repay the state of Colorado any money properly paid to the person as child care assistance pursuant to the provisions of this part 1 and department rules or as public assistance pursuant to article 2 of title 26 and the rules of the state department of human services.

(6) The executive director shall promulgate rules for the implementation of this section.
C.R.S. § 26.5-2-209 — CO Code / Title 26.5 / Article 2 / Part 2 / Section 26.5-2-209
26.5-2-209. Early childhood cash fund - creation
Status: in_force

26.5-2-209. Early childhood cash fund - creation. (1) There is created in the state treasury the early childhood cash fund, referred to in this part 2 as the "fund", that consists of such money as may be appropriated to the fund by the general assembly and credited to the fund pursuant to subsection (2) of this section. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this part 2.

(2) The department is authorized to seek, accept, and expend gifts, grants, or donations from private and public sources for the purposes of this part 2. All private and public money received through gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the fund. The money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with the implementation of this part 2.

(3) Any money in the fund not expended for the purposes of this part 2 may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund must be credited to the fund.

(4) The department may expend up to, but not exceeding, five percent of the money annually appropriated from the fund to offset the costs incurred in implementing this part 2.

(5) Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.
C.R.S. § 26.5-1-110 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-110
26.5-1-110. Unified application - child care, services, and education
Status: in_force

26.5-1-110. Unified application - child care, services, and education. (1) The department shall develop and implement the use of a single, unified electronic application for families to use in applying for all publicly funded early childhood programs and services that the department administers. The department shall design the application to enable equitable access; streamline the enrollment and eligibility-determination process for families, providers, and state, local, and tribal agencies; and meet the requirements specified in subsection (2) of this section. The department shall collaborate with other state, local, and tribal agencies as necessary in developing, and collecting feedback concerning, the application to ensure the least amount of duplication for families and state, local, and tribal agencies. The department shall ensure that the application is functional by July 1, 2023, for families seeking to enroll children in the Colorado universal preschool program pursuant to part 2 of article 4 of this title 26.5.

(2) At a minimum, the unified application must:

(a) Be available in multiple languages;

(b) Be accessible on mobile electronic devices and available in paper copy;

(c) Collect from families only the minimum information necessary to apply for programs and services and enable families to apply for a single program or service or for multiple programs and services simultaneously or over time;

(d) Adhere to all state and federal data privacy and security laws and regulations;

(e) Reduce duplication in and the complexity of the information collected from providers;

(f) Include consideration of all sources from which the applicant may be eligible for funding to ensure that all of the funding for which the applicant is eligible is combined and coordinated to the fullest extent allowed under state and federal laws and regulations in providing the programs and services for which the applicant is applying;

(g) Allow for customization as may be necessary for certain programs or services; and

(h) Coordinate with other agencies and programs, as appropriate, to ensure appropriate referral of children and families to early childhood programs administered by other departments.

(3) A county department shall not add additional required eligibility criteria to the application or redetermination process.
C.R.S. § 26.5-3-208 — CO Code / Title 26.5 / Article 3 / Part 2 / Section 26.5-3-208
26.5-3-208. Report - repeal of part
Status: repealed

26.5-3-208. Report - repeal of part. (1) The department shall contract for an independent evaluation of the trust fund, including administrative costs of operating the trust fund and the cost-effectiveness and the impact of the grants on reducing and preventing child abuse. The department shall provide a report of the evaluation to the house of representatives and senate health and human services committees, or any successor committees, on or before November 1, 2029.

(2) This part 2 is repealed, effective July 1, 2027.
C.R.S. § 26.5-3-103 — CO Code / Title 26.5 / Article 3 / Part 1 / Section 26.5-3-103
26.5-3-103. Program created
Status: in_force

26.5-3-103. Program created. (1) (a) There is established in the department a family resource center program. The purposes of the program are to provide grants to community applicants for the creation of family resource centers or to provide grants to family resource centers for the continued operation of the centers through which services for vulnerable families, individuals, children, and youth who live in communities or in at-risk neighborhoods are accessible and coordinated through a single point of entry.

(b) The department shall operate the family resource center program in accordance with the provisions of this part 1. In addition, the department may establish any other procedures necessary to implement the program, including establishing the procedure for submitting grant applications by community applicants seeking to establish a family resource center or by a family resource center applying for a grant for continued operation of a family resource center.

(c) (I) The family resource center program may receive direct appropriations from the state general fund.

(II) Any money family resource centers receive pursuant to the temporary assistance for needy families block grant or from the family issues cash fund created in section 26-5.3-106 must be from funds directly disbursed by a county at the discretion of the county.

(III) The department may seek, accept, and expend any grants from any public or private source for the purpose of making grants to community applicants for the establishment or continued operation of family resource centers and for the purpose of evaluating the effectiveness of the family resource center program. This part 1 does not prohibit a family resource center from seeking, accepting, and expending funds received through an authorized contract, grants, or donations from public or private sources.

(2) (a) Services that a family resource center provides must be coordinated, and services should reflect the needs of the community and the resources available to support such programs and services. Services may be delivered directly to a family at the center by center staff or by providers who contract with or have provider agreements with the center. Any family resource center that provides direct services shall comply with applicable state and federal laws and regulations regarding the delivery of such services, unless required waivers or exemptions have been granted by the appropriate governing body.

(b) Each family resource center shall provide case management by a family advocate who screens and assesses a family's needs and strengths. The family advocate shall then assist the family with setting its own goals and, together with the family, develop a written plan to pursue the family's goals in working toward a greater level of self-reliance or in attaining self-sufficiency. The plan must provide for the following:

(I) A negotiated agreement that includes reciprocal responsibilities of the individual or family members and the personnel of each human service agency providing services to the family;

(II) A commitment of resources as available and necessary to meet the family's plan;

(III) The delivery of applicable services to the individual or family, if feasible, or referral to an appropriate service provider;

(IV) The coordination of services;

(V) The monitoring of the progress of the family toward greater self-reliance or self-sufficiency and an evaluation of services provided; and

(VI) Assistance to the individual or family in applying for the children's basic health plan, medical assistance benefits, or other benefits.

(c) In addition to services required by subsection (2)(b) of this section, the family resource center may provide for the direct delivery of or referral to a provider of the following six services:

(I) Early childhood care and education, including programs that contribute to school readiness;

(II) Family support and parent education;

(III) Well-child checkups and basic health services;

(IV) Early intervention for identifying infants, toddlers, and preschoolers who are developmentally disabled in order to provide necessary services to such children;

(V) Before and after school care; and

(VI) Programs for children and youth.

(d) A family resource center may also provide services, including, but not limited to, the following:

(I) Additional educational programs, such as mentoring programs for students in elementary, junior, and senior high schools; adult education and family literacy programs; and educational programs that link families with local schools and alternative educational programs, including links with boards of cooperative services;

(II) Job skills training and self-sufficiency programs for adults and youth;

(III) Social, health, mental health, and child welfare services and housing, homeless, food and nutrition, domestic violence support, recreation, and substance abuse services;

(IV) Outreach, education, and support programs, including programs aimed at preventing teen pregnancies and school dropouts and programs providing parent support and advocacy; and

(V) Transportation services to obtain other services provided pursuant to this subsection (2).
C.R.S. § 26.5-5-326 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-326
26.5-5-326. Exempt family child care home providers - fingerprint-based criminal history rec
Status: in_force

26.5-5-326. Exempt family child care home providers - fingerprint-based criminal history record check - child care assistance program money - temporary care - rules - definitions. (1) (a) (I) An exempt family child care home provider who provides care for a child and an individual who provides care for a child who is related to the individual, referred to collectively in this section as a "qualified provider", is subject to a fingerprint-based criminal history record check, referred to in this section as an "FCC", as provided in this section and the rules authorized in section 26.5-5-316 (1)(a)(I) and (1)(a)(II), if the child's care is funded in whole or in part with money received on the child's behalf from the publicly funded Colorado child care assistance program. The provisions of this section apply to exempt family child care home providers or individuals who provide care to a related child who receive money from the publicly funded Colorado child care assistance program pursuant to contracts or other payment agreements entered into or renewed on or after May 25, 2006.

(II) Each adult eighteen years of age or older who resides with a qualified provider where the care is provided, referred to in this section as a "qualified adult", is subject to the FCC required pursuant to this section.

(III) The FCC required for a qualified provider or qualified adult pursuant to this section must include a fingerprint-based criminal history records check utilizing the records of the Colorado bureau of investigation and, for qualified providers or qualified adults applying for child care assistance program money on or after August 10, 2011, the federal bureau of investigation. As part of the FCC, the department shall access the records and reports of child abuse or neglect maintained by the state department of human services to determine whether the subject of the FCC has been found to be responsible in a confirmed report of child abuse or neglect. Information shall be 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).

(IV) The Colorado bureau of investigation's background check portion of the FCC required pursuant to this section is a prerequisite to the issuance or renewal of a contract for receipt of money pursuant to the Colorado child care assistance program as provided in part 1 of article 4 of this title 26.5. The department shall not issue or renew a contract for payment of money pursuant to Colorado child care assistance program to a qualified provider who fails to submit the Colorado bureau of investigation's background check portion of the FCC or fails to submit fingerprints for a qualified adult.

(V) The federal bureau of investigation's portion of the FCC required pursuant to this section is a prerequisite to the issuance of an initial contract, and must be conducted every five years thereafter, for receipt of money pursuant to the Colorado child care assistance program as provided in part 1 of article 4 of this title 26.5. The department shall not issue or renew a contract for payment of money pursuant to the Colorado child care assistance program to a qualified provider who fails to submit the federal bureau of investigation's portion of the FCC or fails to submit fingerprints for a qualified adult at the time of initial contract or every five years thereafter.

(b) A qualified provider shall notify the county with whom the qualified provider has contracted pursuant to the Colorado child care assistance program upon any change of circumstances that results in the presence of a new qualified adult. A new qualified adult is required to undergo an FCC as provided in this section, even if the Colorado child care assistance program contract is not subject to renewal when the qualified adult moves into the residence where the care is provided.

(c) A qualified provider or qualified adult who undergoes an FCC shall, with submittal of fingerprints, pay to the department a fee established by department rule pursuant to subsection (6) of this section to offset the costs associated with processing the FCC through the Colorado bureau of investigation and the federal bureau of investigation.

(2) (a) When the results of an FCC performed pursuant to subsection (1) of this section reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(b) A person who undergoes a name-based judicial record check shall pay to the department a fee established by department rule pursuant to subsection (6) of this section to offset the costs associated with performing the name-based judicial record check.

(3) The department or a county department shall not issue or renew a contract to provide money to a qualified provider under the Colorado child care assistance program pursuant to part 1 of article 4 of this title 26.5 if the qualified provider or a qualified adult has been convicted of:

(a) Child abuse, as described in section 18-6-401;

(b) A crime of violence, as defined in section 18-1.3-406;

(c) Any felony offense 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, battery, or a drug-related offense within the five years preceding the date of the FCC; or

(f) 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 (3)(a) to (3)(e) of this section.

(4) The department or a county department shall not issue or renew a contract to provide money pursuant to the Colorado child care assistance program pursuant to part 1 of article 4 of this title 26.5 to a qualified provider if the qualified provider or a qualified adult:

(a) Has a pattern of misdemeanor or petty offense convictions occurring within the ten years preceding submission of the application, including petty offense convictions pursuant to section 26.5-5-321. The executive director shall define by rule what constitutes a pattern of misdemeanor or petty offense convictions.

(b) 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 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 qualified provider cannot safely operate a child care home. The record of the determination and entry of the order are conclusive evidence thereof. A qualified provider shall sign an attestation affirming the lack of such a finding prior to entering into or renewing a contract for money under the Colorado child care assistance program, pursuant to section 26.5-4-112 (2).

(5) A qualified provider who has submitted to an FCC by the Colorado bureau of investigation and the federal bureau of investigation may, pending the receipt of the results of the FCC, continue to receive money from the Colorado child care assistance program.

(6) The executive director shall promulgate rules to establish the amount of the fee to collect from a qualified provider or qualified adult who is subject to an FCC pursuant to subsection (1) of this section or a name-based judicial record check pursuant to subsection (2) of this section. The department is authorized to collect the fee at the time of the FCC or name-based judicial record check.
C.R.S. § 26.5-5-308 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-308
26.5-5-308. Application of part - neighborhood youth organizations - rules - licensing - dut
Status: in_force

26.5-5-308. Application of part - neighborhood youth organizations - rules - licensing - duties and responsibilities - definitions. (1) Notwithstanding any provision of this part 3 to the contrary, a neighborhood youth organization that is not otherwise licensed to operate under this part 3 may obtain a neighborhood youth organization license pursuant to this section. A neighborhood youth organization that obtains a license pursuant to this section is subject only to the requirements of this section and is otherwise exempt from the requirements of this part 3.

(2) The executive director shall promulgate rules to establish a neighborhood youth organization license, including but not limited to the fee required to apply for and obtain the license. The rules shall not concern staff-to-youth ratios.

(2.5) The neighborhood youth organization's programs and services must occur primarily in a facility the neighborhood youth organization leases or owns or has been granted use of or access to.

(3) A neighborhood youth organization licensed pursuant to this section and operating in the state of Colorado has the following duties and responsibilities:

(a) To inform a parent or legal guardian of the requirements of this subsection (3) and to post a notice in bold print and in plain view on the premises of the facility in which the neighborhood youth organization operates that lists the following information:

(I) The requirements of this subsection (3); and

(II) The telephone number and address of the appropriate division within the department for investigating complaints concerning a neighborhood youth organization, with the instruction that any complaint regarding the neighborhood youth organization's compliance with these requirements be directed to that division;

(b) Prior to admitting an interested youth member into the neighborhood youth organization, to require the youth member's parent or legal guardian to sign a statement authorizing the youth member to participate in the programs and services of the neighborhood youth organization;

(c) To establish a process to receive and resolve complaints from parents or legal guardians;

(d) To establish a process to report known or suspected child abuse or neglect to appropriate authorities pursuant to section 19-3-304;

(e) To maintain, either at the neighborhood youth organization or at a central administrative facility, records for each youth member admitted into the neighborhood youth organization containing, at a minimum, the following information:

(I) The youth member's full name;

(II) The youth member's date of birth;

(III) The name, address, and telephone number of a parent or legal guardian of the youth member;

(IV) The name and telephone number of at least one emergency contact person for the youth member; and

(V) A parent's or legal guardian's written authorization for the youth member to attend the neighborhood youth organization;

(f) To require a youth member's parent or legal guardian to sign a statement authorizing the neighborhood youth organization to provide transportation prior to field trips or to and from the neighborhood youth organization;

(g) To follow the requirements specified in subsection (4) of this section for a fingerprint-based or other criminal history record check of each employee and volunteer who works with or will work with youth members five or more days in a calendar month;

(h) To offer programs and services that are evidence- or research-based, age-appropriate, and foster supportive relationships with peers and adults while offering character and leadership development, academic supports, job skills training, behavioral health supports, health and nutrition services, and other critical resources and services that a community identifies as necessary; and

(i) To serve all children, youth, and families, but with a focus on programs and services that ensure affordable access for low-income populations.

(3.4) To protect the safety of youth members, a neighborhood youth organization may create an electronic or written process to record the daily arrival and departure times of youth members in order to:

(a) Track attendance;

(b) Assess the impact of programs and services on youth members; and

(c) Ensure the neighborhood youth organization operates in the best interest and safety of youth members.

(3.5) (a) To protect the safety of youth members, each neighborhood youth organization shall maintain a complete set of records for youth members and personnel. Each neighborhood youth organization shall maintain the confidentiality of the following records, and such records are not subject to review by the public:

(I) Information identifying a youth member or a youth member's family;

(II) Scholastic, health, and social or psychological records, which are available only to the youth member to whom the records pertain or the youth member's parent or legal guardian;

(III) Personal references for personnel as requested by the state department; and

(IV) Reports and records received from other agencies, including police and child protection investigation reports.

(b) If a central administrative facility retains records in a central file for more than one neighborhood youth organization, duplicate copies of the information described in subsections (3)(e) and (3.5)(a) of this section for youth members and personnel must also be maintained at the neighborhood youth organization location that the youth member attends and to which the staff member is assigned.

(c) Each neighborhood youth organization or central administrative facility shall maintain all required records for at least three years, including confidential records.

(d) Notwithstanding subsection (3.5)(a) of this section to the contrary, each neighborhood youth organization or central administrative facility shall make the records of personnel or youth members available upon request to authorized personnel of the state department pursuant to section 19-1-307 (2)(j.7).

(e) Neighborhood youth organizations shall cooperate with all state and local investigations regarding incidents, including but not limited to licensing violations, child abuse, and incidents affecting the health, safety, and welfare of youth members.

(f) Records concerning the licensing of neighborhood youth organization facilities and agencies are open to the public. A person who wishes to review a record must submit a written request to the state department.

(4) A licensed neighborhood youth organization shall require all employees and volunteers who work directly with or will work directly with youth members five or more days in a calendar month to obtain, prior to employment, and every two years thereafter, one of the following:

(a) A fingerprint-based criminal history records check utilizing the Colorado bureau of investigation and request the department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.

(b) A federal bureau of investigation fingerprint-based criminal history records check utilizing the Colorado bureau of investigation if the employee, volunteer, or applicant has resided in the state of Colorado less than two years. The neighborhood youth organization shall request the department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.

(c) A comparison search by the department on the Colorado state courts data access system of the state judicial department or a comparison search on any other database that is recognized on a statewide basis by using the name, date of birth, and social security number information that the department determines is appropriate to determine whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.

(d) A separate background check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681 et seq., that must disclose, at a minimum, sexual offenders and felony convictions and include a social security number trace, a national criminal file check, and a state or county criminal file search. The separate background check must ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.

(5) A person who visits or takes part in the activities of a licensed neighborhood youth organization but who is not required to obtain a criminal history record check pursuant to subsection (4) of this section must at all times be under the supervision of an employee or volunteer who has been hired or approved after obtaining a criminal history record check pursuant to subsection (4) of this section.

(6) The governing board of each licensed neighborhood youth organization shall adopt minimum standards for operating the licensed neighborhood youth organization, including but not limited to standards regarding operations, health and safety, financial responsibilities, and personnel. The personnel standards must address employee and volunteer screening practices, training practices, insurance coverage, and regular assessment practices for the health and safety of youth, facilities, and child abuse prevention, which may include mandated reporting requirements, audits, and fees.

(7) The department is authorized to receive, respond to, and investigate any complaint concerning compliance with the requirements set forth in this section for a licensed neighborhood youth organization.

(8) A licensed neighborhood youth organization is not required to obtain or keep on file immunization records for youth members participating in the organization's activities.

(9) As used in this section, unless the context otherwise requires:

(a) "Employee" means a paid employee of a neighborhood youth organization who is eighteen years of age or older.

(b) "Volunteer" means a person who volunteers assistance to a neighborhood youth organization and who is eighteen years of age or older.
C.R.S. § 26.5-1-108 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-108
26.5-1-108. Cooperation with federal government - grants-in-aid - legislative intent
Status: in_force

26.5-1-108. Cooperation with federal government - grants-in-aid - legislative intent. (1) The department is authorized to accept, use, and administer all money and property granted or made available to the state or any state agency for the purpose of the early childhood programs and services that are transferred to the department pursuant to this part 1 or subsequently created in this title 26.5 or other programs and services that are comparable to said programs and services, except any money and property that is granted or made available to another specifically designated agency.

(2) If it is necessary to execute a formal agreement with a federal agency or officer as a condition precedent to receiving federal money or property pursuant to subsection (1) of this section, the department is authorized to execute such an agreement, with the approval of the attorney general, so long as the agreement is not inconsistent with law.

(3) The state treasurer is authorized to receive, as official custodian, any money that the department accepts pursuant to subsection (1) of this section. The state treasurer shall disburse the money received pursuant to this section upon the order of the executive director.

(4) Beginning with the presentation made to a joint committee of reference pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, in the 2023 regular legislative session, the department shall annually include in the presentation a report that details the total amount of federal money that the department received in the prior fiscal year, accounting for how the money was used, specifying the federal law or regulation that governs the use of the federal money, if any, and providing information regarding any flexibility the department has in using the federal money. The department shall make the report publicly available following the hearing.

(5) It is the intent of the general assembly that the responsibility for administering and the power to expend federal money pertaining to the powers, duties, and functions that are transferred to the department pursuant to this part 1 transfer to the department in accordance with the memoranda of understanding, interagency agreements, or both, as appropriate, described in section 26.5-1-106 (1)(b).
C.R.S. § 26.5-5-303 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-303
26.5-5-303. Definitions
Status: repealed

26.5-5-303. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Adverse action" has the same meaning as "negative licensing action" as defined in subsection (16)(a) of this section.

(1.5) "Affiliate of a licensee" means:

(a) Any person or entity that owns more than five percent of the ownership interest in the business operated by the licensee or the applicant for a license; or

(b) Any person who is directly responsible for the care and welfare of children served; or

(c) Any executive, officer, member of the governing board, or employee of a licensee; or

(d) A relative of a licensee, which relative provides care to children at the licensee's facility or is otherwise involved in the management or operations of the licensee's facility.

(2) "Application" means a declaration of intent to obtain or continue a license for a child care facility.

(3) (a) "Child care center" means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children, unless otherwise specified in this subsection (3), who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as child care centers, school-age child care centers, before- and after-school programs, kindergartens, preschools, outdoor nature-based preschool programs, day camps, and summer camps, and includes those facilities for children under six years of age with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term does not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades.

(b) Notwithstanding the provisions of subsection (3)(a) of this section, a child care center that operates as an outdoor nature-based preschool program serves children who are at least three years of age but under eight years of age.

(4) "Child care provider", as used in section 26.5-5-325, means a licensee, or an affiliate of a licensee, when the licensee holds a license to operate a family child care home pursuant to this part 3.

(5) (a) "Children's resident camp" means a facility operating for three or more consecutive twenty-four-hour days during one or more seasons of the year that offers group living experiences or seasonal outdoor adventure day camp programs for five or more children. The purpose of the facility is to offer an outdoor experience for youth development through multiple educational and recreational activities in an outdoor, nature-based environment. The recreational activities occur at a permanent facility or on trips off the premises.

(b) (I) A children's resident camp serves children who have completed kindergarten or are six years of age or older through children younger than nineteen years of age; except that a person nineteen years of age or twenty years of age may attend a children's resident camp if, within six months prior to attending the children's resident camp, the person has attended or has graduated from high school.

(II) Notwithstanding the provisions of subsection (5)(b)(I) of this section, a children's resident camp that offers seasonal outdoor adventure day camp programs serves children who are five years of age or older.

(5.5) "Colorado state courts data access system" means the official public access site for the Colorado judicial branch maintained by the Colorado state court administrator's office containing read-only access to court data, including a name index and register of actions.

(6) "Exempt family child care home provider" means a family child care home provider who is exempt from certain provisions of this part 3 pursuant to section 26.5-5-304 (1)(f).

(7) "Family child care home" means a facility for child care operated with or without compensation or educational purposes in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen years who are not related to the head of such home. "Family child care home" may include infant-toddler child care homes, large family child care homes, experienced child care provider homes, and such other types of family child care homes designated by department rules pursuant to section 26.5-5-314 (2)(n), as the executive director deems necessary and appropriate.

(8) "Governing body" means the individual, partnership, corporation, or association in which the ultimate authority and legal responsibility is vested for the administration and operation of a child care facility.

(9) "Guardian" means a person who is entrusted by law with the care of a child under eighteen years of age.

(10) "Guest child care facility" means a facility operated by a ski area, as that term is defined in section 33-44-103 (6), where children are cared for:

(a) While parents or persons in charge of such child are patronizing the ski area;

(b) Fewer than ten total hours per day;

(c) Fewer than ten consecutive days per year; and

(d) Fewer than forty-five days in a calendar year, with thirty or fewer of such forty-five days occurring in either the winter or summer months.

(11) Repealed.

(12) "Kindergarten" means any facility providing an educational program for children only for the year preceding their entrance to the first grade, whether such facility is called a kindergarten, preschool, or any other name.

(13) "License" means a legal document issued pursuant to this part 3 granting permission to operate a child care facility. A license may be in the form of a provisional, probationary, or permanent license.

(14) "Licensee" means the entity or individual to which a license is issued and that has the legal capacity to enter into an agreement or contract, assume obligations, incur and pay debts, sue and be sued in its own right, and be held responsible for its actions. A licensee may be a governing body.

(15) "Licensing" means the process by which the department approves a facility for the purpose of conducting business as a child care facility.

(16) (a) "Negative licensing action", or "adverse action", means a final agency action resulting in the denial of an application, the imposition of fines, or the suspension or revocation of a license issued pursuant to this part 3 or the demotion of such a license to a probationary license.

(b) As used in this subsection (16), "final agency action" means the determination made by the department, after an opportunity for a hearing, to deny, suspend, revoke, or demote to probationary status a license issued pursuant to this part 3 or an agreement between the department and the licensee concerning the demotion of such a license to a probationary license.

(17) (a) "Neighborhood youth organization" means a nonprofit organization that provides programs and services, as described in section 26.5-5-308, to children, youth, and families through comprehensive wraparound supports to ensure positive growth and development during childhood and adolescence, and is designed to serve youth as young as five years of age who are enrolled in kindergarten and as old as eighteen years of age.

(b) A neighborhood youth organization does not include faith-based centers, organizations or programs operated by state or city parks or special districts, or departments or facilities that are currently licensed as child care centers.

(17.5) "Nonprofit organization" means an organization that is exempt from taxation pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501, as amended.

(18) "Occasional care" means care of children, with or without compensation, that is provided on an infrequent and irregular basis with no apparent pattern.

(18.5) "Outdoor nature-based preschool program" or "outdoor program" means a full-day or partial-day outdoor nature-based preschool program for children who are at least three years of age but under eight years of age that operates at least fifty percent of the outdoor program's operating hours outdoors in a department-approved outdoor natural space.

(19) "Person" means any corporation, partnership, association, firm, agency, institution, or individual.

(20) "Place of residence" means the place or abode where a person actually lives and provides child care.

(20.3) "Plain language" means writing that is clear, concise, well-organized, and that follows other best practices appropriate to the subject or field and intended audience, as defined by the federal "Plain Writing Act of 2010", Pub.L. 111-274.

(20.5) "Prevalent languages" means the two most prevalent languages spoken in the state of Colorado, as identified in the latest American community survey published by the federal census bureau.

(21) "Public preschool provider" means a school district, or a charter school authorized pursuant to article 30.5 of title 22, that provides a preschool program.

(22) "Public services short-term child care facility" means a facility that is operated by or for a county department of human or social services or a court and that provides care for a child:

(a) While the child's parent or the person in charge of the child is conducting business with the county department of human or social services or participating in court proceedings;

(b) Fewer than ten total hours per day;

(c) Fewer than fifteen consecutive days per year; and

(d) Fewer than forty-five days in a calendar year.

(23) "Related" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew, or cousin.

(24) "Relative" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.

(25) "Routine medications", as used in section 26.5-5-325, means any prescribed oral, topical, or inhaled medication, or unit dose epinephrine, that is administered pursuant to section 26.5-5-325.

(25.5) "Seasonal outdoor adventure day camp program" means a program that operates for at least six hours a day, on a seasonal basis, primarily during the summer and winter months, for a number of days specific to the approved registration of seasonal outdoor adventure day camp participants. Seasonal outdoor adventure day camp programs serve children who are five years of age or older.

(26) "Sibling" means one or more individuals having one or both parents in common.

(27) "Substitute child care provider" means a person who provides temporary care for a child or children in a licensed child care facility, including a child care center and a family child care home.

(28) "Substitute placement agency" means any corporation, partnership, association, firm, agency, or institution that places or that facilitates or arranges placement of short-term or long-term substitute child care providers in licensed child care facilities providing less than twenty-four-hour care.

(29) "Supervisory employee" means, as used in section 26.5-5-307:

(a) A person directly responsible for managing a guest child care facility and the employees of the facility; or

(b) A person directly responsible for managing a public services short-term child care facility and the employees of the facility.

(30) "Youth member" means a youth who is five years of age and enrolled in kindergarten or who is older than five years of age and up to eighteen years of age whose parent or legal guardian has provided written consent for the youth to participate in the activities of a neighborhood youth organization.
C.R.S. § 26.5-1-113 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-113
26.5-1-113. Children's mental health program - appropriation - legislative declaration - def
Status: repealed

26.5-1-113. Children's mental health program - appropriation - legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that:

(I) Neurobiological research confirms that stressful experiences early in life can have profound and destructive impacts on the architecture of the brain;

(II) Additional scientific research has shown, however, that responsive, nurturing relationships between young children and their caregivers that lead to secure attachment serve as powerful, protective buffers to stressful experiences early in life;

(III) Providing an evidence-based, two-generation, and home-based prevention and early intervention mental health program can prevent or ameliorate the damage caused by stressful experiences; and

(IV) It is possible to decrease the stress experienced by families by connecting family members to needed services through intensive care coordination. By providing psychotherapy to a caregiver and child together, it is possible to repair the impact of stress on the child and strengthen the caregiving relationship.

(b) The general assembly finds, therefore, that:

(I) Given the harmful consequences of the economic disruptions resulting from and exacerbated by the COVID-19 public health emergency, it is in the best interest of the state to authorize the department of early childhood to contract with a nonprofit entity to provide evidence-based, two-generation, and home-based prevention and early intervention children's mental health programs; and

(II) The purpose of children's mental health programs is to enhance the mental health and development of caregivers and young children. Children's mental health programs must combine comprehensive, coordinated services and psychotherapeutic intervention for caregivers and children, increase adult self-regulation and executive functioning, and result in long-term positive outcomes for children and families.

(c) It is the intent of the general assembly that the department and a nonprofit entity work collaboratively to share information as necessary to promote efficient and effective implementation of the children's mental health programs in Colorado.

(d) The general assembly further finds and declares that contracting with a nonprofit entity to provide children's mental health programs constitutes critical government services.

(2) As used in this section, unless the context otherwise requires:

(a) "Children's mental health program" means an evidence-based, two-generation, and home-based prevention and early intervention program for families with children from prenatal to six years of age who are experiencing chronic stress and trauma. A children's mental health program must be proven to significantly improve child emotional and behavioral health, child language development, and caregiver mental health, as well as decrease child abuse and neglect, resulting in long-term positive outcomes for children and families.

(b) "Entity" means a Colorado-based nonprofit organization.

(3) (a) On or before November 1, 2022, the department shall contract with a Colorado-based nonprofit entity to provide children's mental health programs. The entity must have previous and current experience serving the target demographic using a curriculum that:

(I) Includes components that provide for intervening with families with young children who are experiencing chronic stress and trauma. The curriculum must connect the families to needed services through intensive care coordination while also providing psychotherapy for the child and parent or guardian.

(II) Has been previously implemented with success by providers in Colorado.

(b) The entity with which the department contracts shall:

(I) Perform community implementation readiness assessments and provide training, coaching, and monitoring for the implementation of children's mental health programs;

(II) Provide ongoing quality assessments and improvement recommendations to ensure high-quality implementation and sustainability of children's mental health programs;

(III) Provide the department with site-specific and statewide process and outcome evaluations of children's mental health programs; and

(IV) Annually prepare and submit to the department and the behavioral health administration an evaluation of the outcomes of all of the children's mental health programs implemented.

(4) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate two million dollars to the department for the purposes of implementing this section from the economic recovery and relief cash fund created in section 24-75-228. The department is authorized to expend up to five percent to pay the costs incurred in implementing this section, including the costs incurred in contracting with a nonprofit entity.

(b) Money spent pursuant to this subsection (4) 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 must either spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(c) This subsection (4) is repealed, effective September 1, 2027.

(5) The department and the contracted entity 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).
C.R.S. § 26.5-4-116 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-116
26.5-4-116. Recovery from recipient - estate
Status: in_force

26.5-4-116. Recovery from recipient - estate. (1) If, at any time during the continuance of child care assistance, the recipient becomes possessed of property having a value in excess of that amount set pursuant to the provisions of section 26.5-4-106 (4) and department rules or receives any increase in income, the recipient shall notify the county department of the possession of the property or receipt of the income, and the county department may either terminate the child care assistance or alter the amount of child care assistance in accordance with the circumstances and department rules. To the extent not otherwise prohibited by state or federal law, if the recipient is found to have committed an intentional program violation, the recipient is disqualified from participation in CCCAP for twelve months for the first incident, twenty-four months for a second incident, and permanently for a third or subsequent incident. This disqualification is mandatory and is in addition to any other penalty imposed by law. Except as provided in subsections (3) and (4) of this section, any previously provided excess child care assistance to which the recipient was not entitled is recoverable by the county as a debt due to the state and the county in proportion to the amount of child care assistance paid by each respectively; except that interest is charged and paid to the county department on any sum fraudulently obtained, calculated at the legal rate and calculated from the date the sum was paid to a provider on behalf of the recipient to the date the sum is recovered. If the debt for fraudulently obtained child care assistance, fraudulently obtained overpayments of child care assistance, or excess child care assistance paid for which the recipient was ineligible has been reduced to a judgment in a court of record in this state, the county department may seek a continuing garnishment to collect the debt under article 54.5 of title 13.

(2) If, upon the death or mental incompetency of any recipient, the inventory of the recipient's estate shows assets in excess of the amount that the recipient was allowed to have in order to receive child care assistance, or if it be shown that the recipient was otherwise ineligible for child care assistance, then the claim of the county and state for the excess child care assistance paid for which the recipient was ineligible, if filed as required by section 15-12-804, has priority as a debt given preference under section 15-12-805 (1)(f.7).

(3) When a recipient was ineligible for child care assistance solely because of property in excess of that permitted by department rules pursuant to section 26.5-4-106 (4), the amount for which the recipient is liable is the amount by which the property exceeded the amount allowable under said rules or the total amount of child care assistance received, whichever is the lesser amount. Except as provided in subsection (4) of this section, actions for the recovery of these sums must be prosecuted by the county department or the department in a court of record that has jurisdiction.

(4) The department and a county department may elect not to attempt recovery of an overpayment of child care assistance from an individual who is no longer receiving public assistance or child care assistance if the overpayment amount is less than thirty-five dollars. If the overpayment amount owed by an individual who is no longer receiving public assistance or child care assistance is thirty-five dollars or more, the department and the county department may determine, consistent with the six-year time limitation for the execution on judgments involving state debt, that it is no longer cost-effective to continue to pursue recovery of the overpayment.
C.R.S. § 26.5-1-117 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-117
26.5-1-117. Youth sports organization model code of conduct
Status: in_force

26.5-1-117. Youth sports organization model code of conduct. The department shall make available a youth sports organization model code of conduct policy that addresses the matters described in section 26.5-4-402 (1)(b).
C.R.S. § 26.5-5-322 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-322
26.5-5-322. Periodic review of licensing rules and procedures - legislative declaration
Status: in_force

26.5-5-322. Periodic review of licensing rules and procedures - legislative declaration. (1) The general assembly finds that changes in demographics and economic trends in Colorado have increased the need for high-quality and affordable child care. The general assembly also recognizes that the provision of child care in this state and in the nation is a rapidly growing industry subject to many changes. The general assembly further finds that there is a need for continuing comprehensive review of the rules and the licensing procedures governing child care centers and family child care homes that includes the adequate and full participation of parents, consumers, child care providers, and interested persons. The general assembly finds that such a review with the goal of identifying problems in the fragmentation and lack of uniformity of standards in the licensing process would benefit the state and result in improvements in the regulation of this industry that is so vital to the health and well-being of the state's children and citizens.

(2) By July 1, 2023, and at least every five years thereafter, the department shall conduct a comprehensive review of the licensing rules for child care centers and family child care homes and the procedures relating to and governing child care centers and family child care homes, including procedures for the review of backgrounds of employees and owners. In conducting such periodic review, the department shall consult with parents and consumers of child care, child care providers, the department of public health and environment, the department of human services, experts in the child care field, and other interested parties throughout the state. The periodic review must include an examination of the rules applicable to child care centers and family child care homes, the process of licensing such facilities, uniformity of standards or lack thereof in the licensing process, statewide standardization of investigations and enforcement of licensing by the department, duplication and conflicts in rules, requirements, or procedures between the department and the department of public health and environment, and recommendations for streamlining and unifying the licensing process. The review must also include an examination of rules and procedures regarding the general physical and mental health of employees and owners. At the conclusion of each review, the department shall report its findings and conclusions and its recommendations for administrative changes and for legislation to the executive director of the department of early childhood and the executive director of the department of public health and environment.
C.R.S. § 26.5-4-202 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-202
26.5-4-202. Legislative declaration
Status: in_force

26.5-4-202. Legislative declaration. (1) (a) The general assembly finds and declares that:

(I) Colorado has prioritized early learning through its investments in the Colorado preschool program, established in 1988, and full-day kindergarten, adopted in 2019;

(II) Since establishing the Colorado preschool program, Colorado has steadily increased its investment in high-quality preschool programming, securing a significant return on investment by improving child outcomes year over year by expanding access to preschool for children in low-income families and those who are at risk of entering kindergarten without being prepared to learn;

(III) State and national research demonstrate the positive and long- and short-term impacts of high-quality preschool, including improved early literacy, reduced grade retention, decreased probability of developing a significant reading deficiency, improved performance on statewide standards-based assessments, and increased rate of high school graduation;

(IV) Research demonstrates that economically disadvantaged children derive greater benefits from preschool programs in states that offer universal programs than in states that offer preschool programs specifically for economically disadvantaged children;

(V) In the 2020 general election, the voters of Colorado approved proposition EE by a nearly two-to-one margin, establishing a dedicated source of funding for statewide, voluntary, universal preschool programming for children in the year preceding kindergarten and for additional preschool programming for children in low-income families and children who are at risk of entering kindergarten without being prepared to learn. With the passage of this measure, Colorado voters in rural, urban, and suburban communities have demonstrated their strong commitment to expanding access to quality preschool for children regardless of their economic circumstances.

(VI) Creating a statewide mixed delivery system of preschool providers to make preschool programming universally available to children throughout Colorado compounds the benefits for children who are in low-income families and increases the ultimate social and economic benefits of high-quality preschool programming for the state as a whole.

(b) The general assembly finds, therefore, that it is in the best interests of the state and consistent with the will of the voters of Colorado to establish the Colorado universal preschool program to provide high-quality, voluntary preschool programming through a mixed delivery system for children throughout the state in the year preceding kindergarten enrollment and to provide for additional preschool services for children who are in low-income families or who meet identified qualifying factors.

(2) (a) The general assembly further finds and declares that:

(I) In 2000, the voters approved section 17 of article IX of the state constitution, which requires the general assembly to annually increase, by at least the rate of inflation, the statewide base per pupil funding, as defined by article 54 of title 22, for public education from preschool through twelfth grade;

(II) In the 2001-02 fiscal year and in every fiscal year since, the increases to statewide base per pupil funding have automatically applied to funding for preschool services provided by school districts, because the funding for preschool services has been calculated through the school finance formula established in article 54 of title 22, which applies to funding for public elementary and secondary education;

(III) To effectively and efficiently provide preschool services through a mixed delivery system of school- and community-based preschool providers, and to ensure that funding calculations account for the unique standards and features of preschool programs, state funding for preschool services, including preschool services for children with disabilities, must be appropriated and allocated separately from the funding for public elementary and secondary education, and, beginning in the 2023-24 fiscal year, the statewide base per pupil funding amount set annually for public elementary and secondary education will no longer apply to funding for preschool services;

(IV) To continue to meet the intent of section 17 (1) of article IX of the state constitution with regard to funding for preschool services, it is appropriate for the department of early childhood to establish a per-child constitutional compliance rate for the 2023-24 fiscal year that equals the portion of the statewide base per pupil funding amount established for the 2023-24 fiscal year that applies to the number of hours of universal preschool services provided to an eligible child, and to increase the per-child constitutional compliance rate annually by the rate of inflation.

(b) The general assembly, therefore, declares that, by establishing a per-child constitutional compliance rate and ensuring that the per-child rate that the department annually establishes for universal preschool services and for preschool services provided to children who are three years of age or younger meets or exceeds the per-child constitutional compliance rate, funding for the Colorado universal preschool program substantially complies with the requirements of section 17 (1) of article IX of the state constitution.

(3) (a) The general assembly further finds and declares that:

(I) In approving proposition EE, the voters supported funding for ten hours of high-quality preschool programming for all Colorado children in the year preceding kindergarten enrollment, as well as additional preschool programming for children who are at risk of entering kindergarten without being prepared to learn, including children in low-income families;

(II) Research demonstrates that participating in high-quality preschool programs helps to ensure that children in low-income families are able to enter kindergarten on par with their peers in higher-income families; and

(III) For the preschool program to serve children equitably, the state must invest in additional hours of preschool programming for children in low-income families, in addition to funding the ten hours of universal preschool services.

(b) The general assembly finds, therefore, that it is in the best interests of the state to allocate the amount appropriated for the Colorado universal preschool program to provide adequate funding for both a high-quality universal preschool program and additional preschool programming for children in low-income families.

(4) The general assembly recognizes the requirement of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, to provide educational services to every three- or four-year-old child with a disability, in accordance with the child's individualized education program. The general assembly declares that, for purposes of section 17 of article IX of the state constitution, meeting the obligation of serving all three- and four-year-old children with disabilities through the Colorado universal preschool program is an important element of expanding the availability of preschool programs and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
C.R.S. § 26.5-1-112 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-112
26.5-1-112. Transition review - program review - report - repeal
Status: repealed

26.5-1-112. Transition review - program review - report - repeal. (1) (a) The department shall enter into an agreement with a public or private entity to act as an independent evaluator of the department's performance in executing the functions identified in section 26.5-1-109 and in operating programs and providing services associated with those functions in accordance with this title 26.5. The independent evaluator shall complete a review of the operations of the department and the programs that transition from the department of human services and the department of education to the department. At a minimum, in conducting the review, the independent evaluator shall evaluate and make recommendations concerning:

(I) Whether the department operates the programs and provides the services efficiently and ensures that the programs and services are:

(A) Child, family, and community centered and serve the whole child and whole family;

(B) Equity driven;

(C) Focused on and accountable for achieving identified outcomes and making data-driven, outcome-based decisions;

(D) Meeting high-quality standards;

(E) Serving and supporting the early childhood workforce;

(F) Supporting a mixed delivery system of school- and community-based preschool programs and supporting child care providers; and

(G) Coordinated with other supports and services for families that are not operated by the department, including food assistance, cash assistance, and health care;

(II) The effectiveness and efficiency of the governance structure and organization of the department, including whether to create a type 1 policy board within the department to be appointed by the governor with the consent of the senate and transfer rule-making authority and oversight of the department from the executive director to the policy board;

(III) The cross-agency agreements with other departments that operate early childhood and family support programs and services and the effectiveness of the agreements in seamlessly providing said programs and services;

(IV) The impact of the implementation of the Colorado universal preschool program pursuant to part 2 of article 4 of this title 26.5 on the number of children served by the Colorado child care assistance program pursuant to part 1 of article 4 of this title 26.5. The independent evaluator shall evaluate this issue in consultation with county departments, as defined in section 26.5-4-103.

(V) Whether the programs that the department operates were appropriate for transition or would be better operated in another department pursuant to a cross-agency agreement.

(b) The independent evaluator, in coordination with the departments of education, human services, public health and environment, and health care policy and financing, shall review the programs and services pertaining to early childhood that were not transferred to the department, including the federal law and regulations pertaining to those programs and services, to determine whether the programs and services should be transferred to and operated by the department.

(c) No later than November 1, 2025, the independent evaluator shall submit a report concerning the review of operations pursuant to subsection (1)(a) of this section and the review of the transfer of additional programs and services pursuant to subsection (1)(b) of this section to the department; the governor; the early childhood leadership commission; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees.

(d) In conducting the reviews and making recommendations pursuant to this subsection (1), the independent evaluator shall solicit input through a process that includes participation by the populations served by the programs; the providers and members of the workforce working in the programs; local coordinating organizations; state, local, and tribal agencies involved in implementing the programs; and any other relevant experts.

(2) (a) The department, in collaboration with the departments of education, higher education, human services, public health and environment, and health care policy and financing, shall prepare an annual report concerning the progress made and challenges encountered by the department of early childhood in transitioning and implementing programs and providing services and by the departments as a group in implementing cross-agency collaboration related to, at a minimum:

(I) Administration of part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and coordination with the department of education of the transition of children from part C to part B as agreed to in the interagency operating agreement described in section 26.5-3-404 (3) between the department and the department of education;

(II) Implementation of the memorandum of understanding described in section 26.5-4-206 between the department and the department of education concerning administration of special education services for children prior to kindergarten, specifically implementation of part B, section 619, and part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended;

(III) Administration of the child and adult care food program in collaboration with programs administered by the department;

(IV) Administration of the supplemental nutrition program for women, infants, and children in collaboration with programs administered by the department;

(V) Operation of early childhood and family support programs and services that the department administers, including, at a minimum, data concerning the children and families served and the use, availability, and capacity of programs throughout the state;

(VI) Interaction of early childhood care, learning, and supports with the public kindergarten and elementary education system to ensure children enter kindergarten ready to learn and are behaviorally and academically successful;

(VII) Alignment of the operation of early childhood programs and services with the child welfare system operated by the department of human services and local agencies; and

(VIII) The use of public funding to support child care.

(b) The department shall submit the report prepared pursuant to subsection (2)(a) of this section as part of the presentation made to a joint committee of reference pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, in the 2023 regular legislative session and annually thereafter. In addition, the department shall annually submit the report to the governor; the early childhood leadership commission; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (2) continues until repealed pursuant to subsection (2)(c) of this section.

(c) This subsection (2) is repealed, effective September 1, 2028.
C.R.S. § 26.5-3-707 — CO Code / Title 26.5 / Article 3 / Part 7 / Section 26.5-3-707
26.5-3-707. Funding support
Status: in_force

26.5-3-707. Funding support. The department and the department of health care policy and financing shall explore funding options for the program and improving access to mental health consultants, including access to various funding sources, as well as the children's basic health plan, article 8 of title 25.5, and the state medical assistance program, articles 4 to 6 of title 25.5. On or before January 1, 2023, the departments shall report on any identified funding options to the joint budget committee of the general assembly as necessary thereafter, in accordance with section 24-1-136.
C.R.S. § 26.5-5-314 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-314
26.5-5-314. Standards for facilities and agencies - rules - definition
Status: in_force

26.5-5-314. Standards for facilities and agencies - rules - definition. (1) The department shall prescribe and publish standards for licensing. The standards must be applicable to the various types of facilities and agencies for child care regulated and licensed by this part 3. The department shall seek the advice and assistance of persons representative of the various types of child care facilities and agencies in establishing the standards, including the advice and assistance of the department of public safety and councils and associations representing fire marshals and building code officials in the promulgation of any rules related to adequate fire protection and prevention, as allowed in subsection (2)(e) of this section, in a family child care home. The standards must be established by rules promulgated by the executive director and be issued, published, and become effective only in conformity with article 4 of title 24.

(2) The standards prescribed by department rules are restricted to:

(a) The operation and conduct of the facility or agency and the responsibility it assumes for child care;

(b) The character, suitability, and qualifications of the applicant for a license and of other persons directly responsible for the care and welfare of children served, including whether an affiliate of the licensee has ever been the subject of a negative licensing action;

(c) The general financial ability and competence of the applicant for a license to provide necessary care for children and to maintain prescribed standards;

(d) The number of individuals or staff required to ensure adequate supervision and care of children served;

(e) (I) The appropriateness, safety, cleanliness, and general adequacy of the premises, including maintenance of adequate fire protection and prevention and health standards in conformance with state laws and municipal ordinances, to provide for the physical comfort, care, well-being, and safety of the children served.

(II) 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.

(III) The department shall require an annual inspection of playground facilities on the property where a child care center operates. For purposes of a playground facility inspection, the department shall accept as satisfactory proof of valid certification of the playground facility, certification, or a copy of certification, from an individual who is licensed or certified to perform playground safety inspections through the national recreation and park association, or other nationally recognized playground facility safety organization. The department shall not require a duplicate inspection if a satisfactory inspection report was completed within the preceding twelve months.

(f) Keeping of records for food, clothing, equipment, and individual supplies;

(g) Provisions to safeguard the legal rights of children served;

(h) Maintenance of records pertaining to the admission, progress, health, and discharge of children;

(i) Filing of reports with the department;

(j) Discipline of children. The rules must prohibit the imposition of corporal punishment, as defined in section 22-1-140, upon a child by any person employed by or volunteering in a child care center, a family child care home, or a specialized group facility.

(k) Standards for the appropriateness, safety, and adequacy of transportation services of children to and from child care centers;

(l) Except as otherwise provided in subsection (2)(m) of this section, provisions that ensure that family child care homes and child care centers verify, in accordance with part 9 of article 4 of title 25, that each child has received appropriate immunizations against contagious diseases as follows:

(I) Children up to twenty-four months of age are required to be immunized in accordance with the "Infant Immunization Act", part 17 of article 4 of title 25;

(II) Children over twenty-four months of age are required to be immunized in accordance with part 9 of article 4 of title 25;

(m) Provisions that allow any child care center that allows any child to enroll and attend the center on a short-term basis of up to fifteen days in a fifteen-consecutive-day period, no more than twice in a calendar year, with each fifteen-consecutive-day period separated by at least sixty days, to do so without obtaining verification of immunization for that child, as provided for in section 25-4-902. Any child care center that chooses to allow children to enroll and attend on a short-term basis pursuant to the provisions of this subsection (2)(m) shall provide notification to all parents that the child care center allows children to enroll and attend on a short-term basis without obtaining proof of immunization; and

(n) Rules governing different types of family child care homes as well as any other types of family child care homes that may by necessity be established by rule of the executive director.

(3) (a) As used in this subsection (3), "program" means child care offered by a child care center that holds a license pursuant to this part 3, provides child care exclusively to school-age children, and operates on the property of a school district, district charter school, or institute charter school, referred to in this subsection (3) as "school property".

(b) When an agency or entity performs an inspection required by law for a program, the agency or entity shall provide a copy of the inspection report to the appropriate official of the school district, district charter school, or institute charter school where the child care center operates.

(c) If all of the requirements in section 22-1-119.5 and any additional department rules are met, a school-age child enrolled in a program on school property may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The executive director may adopt additional rules for programs on school property concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.

(4) If all of the requirements in section 22-1-119.5 and any additional department rules are met, a child enrolled in a large child care center, as defined by rule promulgated by the executive director, may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The executive director may adopt additional rules concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.

(5) Any applicant or person licensed to operate a child care facility or agency under the provisions of this part 3 has the right to appeal any standard that, in the applicant's or person's opinion, works an undue hardship or when, in the applicant's or person's opinion, a standard has been too stringently applied by representatives of the department. The department shall designate a panel of persons representing various state and local governmental agencies with an interest in and concern for children to hear such appeal and to make recommendations to the department. The membership of the appeals review panel must include, but need not be limited to, a representative from child care providers, a representative from a local early childhood council or local child care resource and referral agency, a state-level early childhood representative with early care and education expertise, and a parent representative. The executive director or the executive director's designee shall appoint all members to the appeals review panel. Members of the appeals review panel serve terms of no more than three years. Representatives to the appeals review panel may serve successive terms.

(6) The executive director shall promulgate rules concerning standards for licensing early care and education programs that facilitate the recruitment and retention of Colorado's early childhood educator workforce as described in section 26.5-6-103.
C.R.S. § 26.5-3-406 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-406
26.5-3-406. Coordinated system of payment for early intervention services - duties of depart
Status: repealed

26.5-3-406. Coordinated system of payment for early intervention services - duties of departments. (1) In order to implement the provisions of this part 4, the department, as lead agency for part C, is responsible for the following, subject to available appropriations:

(a) Establishing an early intervention state plan for a statewide, comprehensive system of early intervention evaluations and early intervention services in accordance with part C child find;

(b) Establishing an interagency operating agreement between the department and the departments of education, health care policy and financing, and public health and environment regarding the responsibilities of each department to assist in the development and implementation of a statewide, comprehensive system of early intervention services and a coordinated system of payments for early intervention services;

(c) Developing, in cooperation with the department of education, the department of health care policy and financing, the department of public health and environment, the division of insurance in the department of regulatory agencies, private health insurance carriers, and certified early intervention service brokers, a coordinated system of payment of early intervention services using public and private money;

(d) (I) Repealed.

(II) On and after July 1, 2024, certifying early intervention service brokers for early intervention services provided pursuant to this part 4; and

(e) Ensuring an appropriate allocation of payment responsibilities for early intervention services among federal, state, local, and private sources, including public medical assistance and private insurance coverage.

(2) Any additional source of money that may become available for the payment of early intervention services on or after July 1, 2008, as a result of the development and implementation of a statewide, comprehensive system of early intervention services and a coordinated system of payments for early intervention services must not replace or reduce any other federal or state money available for the payment of early intervention services on or before July 1, 2008.

(3) (a) Repealed.

(b) On and after July 1, 2024, nothing in this part 4 inhibits, encumbers, or controls the use of local money, including county grants, revenues from local mill levies, and private grants and contributions, that a certified early intervention service broker or county government may elect to allocate for the benefit of eligible children.

(4) In developing a coordinated system of payment, the department shall not directly or indirectly create a new entitlement for early intervention services funded from the state general fund. However, this subsection (4) does not prohibit any adjustments to public medical assistance required by section 25.5-1-124.
C.R.S. § 26.5-2-101 — CO Code / Title 26.5 / Article 2 / Part 1 / Section 26.5-2-101
26.5-2-101. Legislative declaration
Status: in_force

26.5-2-101. Legislative declaration. (1) The general assembly finds and declares that:

(a) Local entities are best positioned to understand the varying needs for early childhood programs and services that arise in the widely diverse communities throughout the state; and

(b) Each community requires leadership by local entities that, alone or in partnership with the state, can coordinate the resources available within the community with state resources to provide the type and level of early childhood and family support programs and services each community requires.

(2) The general assembly finds, therefore, that, to best serve the families and children in all communities throughout the state, the department shall select and work with local coordinating organizations in communities throughout the state to support access to and equitable delivery of early childhood and family support programs and services, identify gaps in service, foster partnerships, create alignment among the public and private providers and agencies within the community that serve families and children, and establish a comprehensive, locally supported plan for providing early childhood and family support programs and services equitably within the community.
C.R.S. § 26.5-1-105 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-105
26.5-1-105. Powers and duties of the executive director - rules - rules advisory council - r
Status: repealed

26.5-1-105. Powers and duties of the executive director - rules - rules advisory council - repeal. (1) (a) The executive director is authorized to promulgate, in accordance with the "State Administrative Procedure Act", article 4 of title 24, all rules for the administration of the department and for the execution and administration of the functions specified in section 26.5-1-109 and for the programs and services specified in this title 26.5. In promulgating rules, the executive director shall, to the greatest extent possible:

(I) Reduce the administrative burden on families and providers of accessing programs and services, implementing programs, and providing services;

(II) Decrease duplication and conflicts in implementing programs and providing services;

(III) Increase equity in access to programs and services and in child and family outcomes;

(IV) Increase administrative efficiencies among the programs and services provided by the department; and

(V) Ensure that the rules are coordinated across programs and services so that programs are implemented and services are provided with improved ease of access, quality of family and provider experience, and ease of implementation by state, local, and tribal agencies.

(b) The department may adopt guidelines and procedures to assist in the implementation and delivery of the programs and services that the department provides pursuant to this title 26.5. When appropriate to reduce potential administrative burden, the department may differentiate in the adopted guidelines and procedures among communities, including communities in rural areas, based on community capacity and readiness for implementing programs and delivering services.

(c) This subsection (1) is repealed, effective September 1, 2031. Before the repeal, this subsection (1) is scheduled for review in accordance with section 24-34-104.

(2) (a) The executive director shall convene a rules advisory council for consultation and advice in promulgating rules for the functions, programs, and services that the department provides. The executive director shall appoint the members of the rules advisory council, taking into consideration a list of nominees provided by the early childhood leadership commission pursuant to this subsection (2)(a). To ensure that the council is representative and collaborative and embodies a wide range of perspectives and experience with regard to early childhood and family support programs and services, the early childhood leadership commission shall conduct outreach to a wide range of early childhood industry organizations and partners and shall publicly solicit applications from qualified and interested individuals to serve on the council. In addition to soliciting applications, the early childhood leadership commission shall consult with parents and with counties, county human services directors, school districts, providers, and the organizations that represent these entities and shall accept nominations from said organizations. Based on the applications and nominations received, the early childhood leadership commission shall submit to the executive director a list of nominees for consideration as appointments to the council. To the extent practicable, the list of nominees must include nominees that satisfy the requirements specified in subsections (2)(b), (2)(c), and (2)(d) of this section. The early childhood leadership commission shall submit a list of nominees to the executive director as provided in this subsection (2)(a) for the initial and subsequent appointments to the council.

(b) The executive director shall appoint fifteen persons, taking into consideration the list of nominees received from the early childhood leadership commission, to serve on the council, which appointments must include at least one person from each of the following categories:

(I) Representatives from programmatically diverse communities, including:

(A) A representative from a school-based preschool provider;

(B) A representative from a private early childhood provider, who may be a head start program or in-home child care provider; and

(C) A representative who provides child care as a nonparental family member, friend, or neighbor;

(II) Representatives of county departments, as defined in section 26.5-4-103, in diverse geographic areas of the state who are knowledgeable of and responsible for implementing child protection programs and the Colorado child care assistance program and have expertise in fiscal matters for county departments. Notwithstanding any provision of this subsection (2)(b) to the contrary, the executive director shall appoint at least two persons from the category described in this subsection (2)(b)(II).

(III) A representative of a foundation, business, or early childhood advocacy organization;

(IV) A representative who is an expert in the funding for and rules and federal regulations concerning early childhood and family support programs and services, including the laws, rules, and regulations pertaining to children with disabilities;

(V) A representative of institutions of higher education; and

(VI) An early childhood health-care or mental health-care professional.

(c) At least eight of the members appointed to the council must be included in one or more of the following categories:

(I) Parents, families, or caregivers of children who are enrolled in a variety of school- and community-based preschool programs and public and private early childhood programs;

(II) Members of the early childhood workforce, including educators in school- and community-based programs; and

(III) Members of historically underserved and under-resourced communities.

(d) In appointing members of the council, the executive director shall ensure that the appointed members are from regions throughout the state, including urban, suburban, and rural areas, and, to the extent practicable, are diverse with regard to race, ethnicity, immigration status, age, sexual orientation, gender identity, culture, and language.

(e) Members of the council are appointed to serve four-year terms and may serve two consecutive terms; except that, of the members initially appointed to the council, the executive director shall appoint five members to serve two-year terms, five members to serve three-year terms, and five members to serve four-year terms. If a vacancy arises on the council, the executive director shall appoint a person to fill the vacancy for the remainder of the unexpired term.

(f) The executive director may create issue-specific subcommittees of the council that must include members of the council and may include representatives from other state agencies, representatives of local and tribal agencies or other local leaders in early childhood and family support issues, and issue experts.

(g) There is created a county subcommittee of the rules advisory council to provide information and advice to the council concerning the development and implementation of early childhood and family support programs that impact county departments, as defined in section 26.5-4-103, including the Colorado child care assistance program. The subcommittee consists of representatives from up to twelve county departments, appointed by a statewide association of human services directors. The appointees must be representative of the diversity of counties in the state, including large and small and urban and rural counties. In addition to providing information and advice to the council, the county subcommittee, to promote coordination and alignment of programs and services, shall provide information and advice to the policy advisory committee that advises the department of human services.

(h) (I) The council shall meet as often as requested by the executive director. Except as otherwise provided in subsection (2)(h)(II) of this section, a member of the council and a non-council member who serves on a subcommittee may receive the same per diem compensation for attendance at council or subcommittee meetings as is provided for members of boards and commissions pursuant to section 12-20-103 (6) and reimbursement for any expenses necessary to support the member's participation at a council or subcommittee meeting, including any required dependent or attendant care and, if the member resides more than fifty miles from the location of the council or subcommittee meeting, expenses incurred in traveling to and from the meeting, including any required dependent or attendant travel, food, and lodging.

(II) A member of the council or of a subcommittee shall not receive reimbursement for expenses or per diem compensation if the member's employer compensates the member for time spent serving on the council or the subcommittee.

(i) In reviewing and making recommendations concerning rules and in preparing other recommendations for the executive director, the council shall strive to develop recommendations that are detailed and measurable and consider the impacts on children, parents, families, providers, school districts, counties, and local coordinating organizations. The council must approve recommendations by a majority vote and provide those recommendations to the executive director in writing. Members of the council voting in the minority may submit a written explanation of their opposition to the recommendations to the executive director.

(j) Before promulgating a rule, the executive director shall solicit feedback from and consider the recommendations of the council. If the executive director decides not to follow the recommendations of the council with regard to a rule, the executive director shall provide a written explanation of the rationale for the decision.

(k) The council is a state public body for purposes of the open meetings law specified in section 24-6-402 and is subject to the requirements of the "Colorado Open Records Act", part 2 of article 72 of title 24.

(l) This subsection (2) is repealed, effective July 1, 2032. Before the repeal, this subsection (2) is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 26.5-5-310 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-310
26.5-5-310. Compliance with local government zoning regulations - notice to local government
Status: in_force

26.5-5-310. Compliance with local government zoning regulations - notice to local governments - provisional licensure - rules. (1) (a) The department shall require any child care facility seeking licensure pursuant to section 26.5-5-309 to comply with any applicable zoning and land use development regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning and land use regulations constitutes grounds for the denial of a license to a facility.

(b) Notwithstanding subsection (1)(a) of this section to the contrary, the availability of safe, affordable, and licensed family child care homes is a matter of statewide concern. Therefore, permitting fragmented regulation among jurisdictions impedes and infringes upon the department's appropriate and consistent licensing and regulation of family child care homes throughout the state. Accordingly, local governing authorities shall treat family child care homes as residential property use in the application of local regulations, including zoning, land use development, fire and life safety, sanitation, and building codes. Local governing authorities shall not impose any additional regulations governing family child care homes that do not also apply to other residential properties, provided that the foregoing does not restrict an authority's ability to prohibit, on a case-by-case basis, the operation in immediately adjacent residences of two or more large family child care homes, as that term is defined by department rules that govern the operation of family child care homes, or to manage the flow of traffic and parking related to adjacent large family child care homes. Residential use of property for zoning purposes includes all forms of residential zoning and, specifically, although not exclusively, single-family residential zoning.

(2) The department shall assure that timely written notice is provided to the municipality, city and county, or county where a child care facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs:

(a) A person applies for a license to operate a child care facility pursuant to section 26.5-5-309; or

(b) A license is granted to operate a child care facility pursuant to section 26.5-5-309.

(3) Notwithstanding any other provision of law, in the event of a zoning or other delay or dispute between a child care facility and the municipality, city and county, or county where the facility is situated, the department may grant a provisional license to the facility for up to six months pending resolution of the delay or dispute.
C.R.S. § 26.5-5-323 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-323
26.5-5-323. Civil penalties - fines - child care cash fund - created
Status: in_force

26.5-5-323. Civil penalties - fines - child care cash fund - created. (1) In addition to any other penalty otherwise provided by law, including section 26.5-5-321, any person violating any provision of this part 3 or intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection under the provisions of this part 3 may be assessed a civil penalty up to a maximum of ten thousand dollars as follows:

(a) Two hundred fifty dollars a day for the first day;

(b) Five hundred dollars a day for the second day; and

(c) One thousand dollars a day for the third and subsequent days.

(2) Each day in which a person is in violation of any provision of this part 3 may constitute a separate offense.

(3) The department may assess a civil penalty in conformity with the provisions and procedures specified in article 4 of title 24; except that all hearings conducted pursuant to this section must be before an administrative law judge, who shall issue an initial decision. The executive director shall review the initial decision and issue the final decision of the department.

(4) The department shall transmit the fines collected pursuant to this section, section 26.5-5-317 (2) and (7), and section 26.5-5-318 (1)(c) to the state treasurer, who shall credit the same to the child care cash fund, which fund is hereby created in the state treasury. The state 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 be credited or transferred to the general fund or any other fund. Money in the child care cash fund is continuously appropriated to the department to fund activities related to the improvement of the quality of child care in the state of Colorado.
C.R.S. § 26.5-2-102 — CO Code / Title 26.5 / Article 2 / Part 1 / Section 26.5-2-102
26.5-2-102. Definitions
Status: in_force

26.5-2-102. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Colorado universal preschool program" or "state preschool program" means the Colorado universal preschool program created in part 2 of article 4 of this title 26.5.

(2) "Coordinator agreement" means the agreement that the department enters into with a local coordinating organization as described in section 26.5-2-105.

(3) "Head start agency" means the local public or private nonprofit agency designated by the federal department of health and human services to operate a head start program under the provisions of Title V of the federal "Economic Opportunity Act of 1964", as amended.

(4) "Local and tribal agencies" means county departments of human or social services and agencies of an Indian tribe that have responsibility for funding for early childhood and family support programs and services, school districts, charter schools that participate in the state preschool program, and head start agencies.

(5) "Local coordinating organization" means an entity selected by the department pursuant to section 26.5-2-103 to support access to and equitable delivery of early childhood and family support programs and services in specified communities throughout the state.

(6) "Mixed delivery system" has the same meaning as provided in section 26.5-4-203.

(7) "Preschool provider" has the same meaning as provided in section 26.5-4-203.

(8) "Preschool services" means preschool services provided through the state preschool program in the school year preceding kindergarten eligibility to children who are four or five years of age and preschool services provided through the state preschool program to a limited number of children who are three years of age or younger.
C.R.S. § 26.5-5-327 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-327
26.5-5-327. Unique student identifying numbers - rules
Status: in_force

26.5-5-327. Unique student identifying numbers - rules. The executive director shall promulgate rules as necessary for the assignment of uniquely identifying numbers to children who receive early childhood services. At a minimum, the rules must include children who receive state-subsidized or federally subsidized early childhood services, including but not limited to services provided through the child care development block grant, the Colorado universal preschool program, and head start.
C.R.S. § 26.5-5-204 — CO Code / Title 26.5 / Article 5 / Part 2 / Section 26.5-5-204
26.5-5-204. Eligibility for grants - applications - deadlines
Status: in_force

26.5-5-204. Eligibility for grants - applications - deadlines. (1) The department shall develop an application process and issue a request for proposals for the grant program, including notification of available money to early childhood councils, eligibility criteria, proposal requirements, and award criteria.

(2) An applicant to the grant program is eligible for a grant award pursuant to this part 2 if:

(a) The application is made by an early childhood council and includes strategies developed jointly with community partners, including, at a minimum, county departments of human or social services. If an early childhood council serves more than one county, it may submit a single application for the counties that make up its designated service area.

(b) The early childhood education programs to which the grant money will be distributed have achieved a quality rating pursuant to the Colorado shines system of at least a level two, or are licensed programs with a demonstrated hardship that are actively working toward achieving a Colorado shines system level two rating, and have fiscal agreements with CCCAP;

(c) The early childhood council demonstrates a need and provides a plan to improve quality and increase the capacity for early childhood education programs that serve infants and toddlers three years of age or younger in its designated service area. The early childhood education programs may be home-based or center-based.

(d) The applicant meets any other criteria set forth in the application process developed pursuant to this section.

(3) Subject to available appropriations, the department shall review applications and determine which applicants will receive grants and the amount of each grant.
C.R.S. § 26.5-4-205 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-205
26.5-4-205. Quality standards - evaluation - support
Status: in_force

26.5-4-205. Quality standards - evaluation - support. (1) (a) The department shall develop and the executive director shall establish by rule the quality standards that each preschool provider must meet to receive funding through the Colorado universal preschool program. The quality standards must, at a minimum, address the issues specified in this section and must reflect national and community-informed best practices with regard to school readiness, academic and cognitive development, healthy environments, social-emotional learning, and child and family outcomes. The department and the executive director shall work with families, educators, and program administrators to review and, as necessary, revise the quality standards at least every five years to ensure the standards continue to reflect national best practices and meet the other requirements specified in this section. In developing, reviewing, revising, and adopting the quality standards, the department and the executive director shall consider, at a minimum:

(I) The quality standards established for preschool providers participating in the Colorado preschool program pursuant to article 28 of title 22, as it existed prior to July 1, 2023;

(II) Nationally accepted standards for preschool programs;

(III) The child care licensing requirements established pursuant to part 3 of article 5 of this title 26.5 with which preschool providers are required to comply; and

(IV) The need to ensure the availability of preschool services for eligible children throughout the state while maintaining the quality of the preschool providers.

(b) (I) Except as provided in subsection (1)(b)(II) of this section, the department shall ensure that each preschool provider that participates in the preschool program meets the quality standards established by rule in accordance with this section. The department may work with a local coordinating organization to ensure that a preschool provider meets the quality standards. The department may prohibit a preschool provider that fails to meet one or more of the quality standards from participating in the preschool program.

(II) If necessary to ensure the availability of a mixed delivery system within a community, the department may allow a preschool provider that does not meet the quality standards to participate in the preschool program for a limited time while working toward compliance with the quality standards; except that each preschool provider must meet all quality standards relating to health and safety as a condition of participating in the preschool program.

(2) At a minimum, the quality standards established in rule must include:

(a) The minimum numbers of contact hours of instructional services per school year for universal preschool services for preschool services provided to children three years of age and younger, and for additional preschool services. The minimum number of contact hours of instructional services established in rule for universal preschool services must not be less than three hundred sixty hours per school year.

(b) A requirement that each preschool provider provide eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability, as such characteristics and circumstances apply to the child or the child's family;

(c) The maximum allowable educator-to-child ratios and group sizes, aligned with national best practices. The department, by rule, may implement a waiver process to allow a preschool provider that implements a nationally recognized preschool program model to implement the educator-to-child ratios and group sizes that support the instructional practices of the model, so long as the preschool provider meets the national standards for the model or is accredited to provide the model.

(d) Qualifications for preschool teachers. The quality standards must not require preschool teachers to be licensed pursuant to article 60.5 of title 22 and must allow a preschool provider to employ a nonlicensed preschool teacher as long as the teacher meets other qualifications established in department rule. The department shall work with the department of education to ensure that a preschool educator may meet the qualifications for preschool educators by demonstrating compliance with the qualifications for an early childhood teaching license endorsement provided by the department of education.

(e) Requirements for continuing professional development for teachers employed by a preschool provider, which must be focused on improving teacher-child interactions and quality of instruction, including improving fidelity in implementing evidence-based curricula and student outcomes, and may allow for training in developmentally appropriate early numeracy, language, and literacy development, and the science of reading that is appropriate for early childhood education and comparable to the training required for early grade teachers pursuant to the "Colorado READ Act", part 12 of article 7 of title 22. The department shall work with the department of education to allow, to the fullest extent possible, a teacher who is licensed by the department of education to use the professional development required to renew the teaching license to also meet the professional development requirements established by the department for teachers employed by a preschool provider.

(f) Standards for preschool services that, at a minimum, are aligned with the Colorado early learning and development guidelines across all early childhood domains approved by the early childhood leadership commission and with the Colorado academic standards adopted by the state board of education pursuant to section 22-7-1005, are culturally inclusive, and are supported by the department in implementation;

(g) Standards for instructional practice that, at a minimum, must ensure that the instructional practice implemented by preschool providers:

(I) Promotes learning through developmentally appropriate practices that include a mix of structured activities and play; and

(II) Increases and supports learning using instructional practices that build on previous learning and include a focus on age-appropriate classroom environments and ongoing informal assessments of learning;

(h) Limitations on the use of, and required procedures for, out-of-school suspension and expulsion in accordance with section 22-33-106.1. In addition, to reduce the use of exclusionary discipline, the standards must reflect best practices in early childhood mental health, including promoting access to early childhood mental health consultation.

(i) Standards for family and community engagement to ensure that the preschool provider engages with parents and neighborhood leaders in a formal and meaningful way, including seeking input for policy and programming decisions;

(j) Requirements for serving children who are dual-language learners, which must, at a minimum, include:

(I) Identifying, screening, and assessing children in their home languages;

(II) Communicating with children's parents in their home languages; and

(III) Using teaching strategies that have been shown to meet the needs of children who are dual-language learners;

(k) Requirements for offering voluntary vision, hearing, dental, and health screenings, and, upon parent request, referrals to appropriate health providers for children who are enrolled by a preschool provider; and

(l) Requirements for providing voluntary developmental screenings, which must, at a minimum, include the use of valid and reliable screening tools that are developmentally, culturally, and linguistically appropriate.

(3) (a) Using the procedures specified in subsection (3)(b) of this section, the department shall create a resource bank of preschool curricula for use by preschool providers. The resource bank may include only curricula that, at a minimum:

(I) Are supported by evidence that use of the curricula improves student outcomes;

(II) Are developmentally appropriate, culturally relevant, and linguistically responsive to communities being served;

(III) Promote literacy, as developmentally appropriate, based on the science of reading by providing language development, including speech sounds, vocabulary, grammar, and use, and providing developmentally appropriate instruction to support children's success in early elementary grades when receiving instruction pursuant to the "Colorado READ Act", part 12 of article 7 of title 22, in the areas of phonemic awareness; phonics; vocabulary development; reading fluency, including oral skills; and reading comprehension;

(III.5) Promote developmentally appropriate early numeracy; and

(IV) Are aligned with the Colorado early learning and development guidelines approved by the early childhood leadership commission.

(b) The department shall develop and implement a procedure for identifying the curricula it includes in the resource bank of preschool curricula. At a minimum, the procedure must include:

(I) Soliciting through public notice, accepting, and promptly reviewing curricula from preschool providers and from publishers;

(II) Evaluating the curricula that the department identifies or receives, which evaluation is based on the criteria specified in subsection (3)(a) of this section and any additional criteria specified in department rule;

(III) Providing notice to preschool providers and publishers that submit curricula concerning whether the submitted curricula was included in the resource bank and, if excluded from the resource bank, the reasons for exclusion; and

(IV) Reviewing the resource bank at least every three years to update the resource bank and add curricula when appropriate. In reviewing and updating the resource bank, the department shall, at a minimum, comply with the procedures described in subsections (3)(b)(I) to (3)(b)(III) of this section.

(c) The department shall allow preschool providers and publishers to submit curricula to the department at any time to be reviewed and considered for inclusion in the resource bank, regardless of the schedule for reviewing the resource bank. The department shall review all submitted curricula in accordance with the adopted procedures described in subsection (3)(b) of this section.

(d) The department shall make the resource bank accessible to the public through the department website.
C.R.S. § 26.5-4-208 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-208
26.5-4-208. Preschool provider funding - per-child rates - local contribution - distribution
Status: repealed

26.5-4-208. Preschool provider funding - per-child rates - local contribution - distribution and use of money - definitions. (1) (a) The department, in accordance with the intent specified in section 26.5-4-202 (3), shall annually establish 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 section 26.5-4-204 (3)(a)(III) and (3)(a)(IV), and for additional preschool services. In establishing the per-child rates, the department, at a minimum, shall ensure that the per-child rate for preschool services for children with disabilities is at least equal to the greater of the per-child rate for universal preschool services or the state per pupil preschool funding rate for children with disabilities for the 2022-23 budget year, as defined in subsection (6) of this section. The department shall adopt one or more formulas for annually setting the per-child rates, which formulas must, at a minimum, take into account:

(I) The cost of providing preschool services that meet the quality standards established in department rule pursuant to section 26.5-4-205 (2);

(II) The responsibilities of the state and administrative units to meet the special education funding maintenance of effort requirements specified in IDEA;

(III) Variations in the cost of providing preschool services that result from regional differences and circumstances, which may include difficulties in achieving economies of scale in rural areas and in recruiting and retaining preschool educators; and

(IV) Variations in the cost of providing preschool services that result from the characteristics of children, which must include a child's identification as a child in a low-income family, and may include, but need not be limited to, a child's identification as a dual-language learner.

(b) In establishing the formulas described in subsection (1)(a) of this section and annually setting the per-child rates, the department must consider strategies to mitigate the effect of preschool funding on the availability of child care services for infants and toddlers within communities and areas in the state.

(c) In establishing the formula for additional preschool services, in addition to the considerations specified in subsection (1)(a) of this section, the department may consider the amount of local funding available to assist families within a community based on the community plan or available within an area that does not have a local coordinating organization. A preschool provider is prohibited from charging a fee for additional preschool services to a family that participates in the preschool program that exceeds the amount charged to families that do not receive additional preschool services.

(d) In addition to distributing funding based on the per-child rates established pursuant to subsection (1)(a) of this section, the department may by rule distribute funding to achieve a specified purpose, which may include funding for administrative units to provide special education services through the preschool program and funding for measures related to recruiting, training, and retaining preschool educators. The department may choose to distribute funding pursuant to this subsection (1)(d) only after the department allocates the amounts necessary to fund preschool services for eligible children who are three years of age or younger, up to the amounts described in subsection (3)(c) of this section, and to fully fund universal preschool services for all eligible children who enroll.

(e) In establishing the formulas and other distribution amounts, the department shall consult with the rules advisory council, the early childhood leadership commission, and members of the early childhood community, including parents of preschool-age children, preschool educators, preschool providers, early childhood councils, school districts, charter schools, representatives of county departments of human or social services, local coordinating organizations, and individuals with financial expertise in public and private funding sources for early childhood services.

(2) Before finalizing the per-child rates in a fiscal year, the department shall:

(a) (I) Ensure that the per-child rates for universal preschool services, for preschool services for children with disabilities, and 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) meet or exceed the constitutional compliance rate for the applicable fiscal year, as described in subsection (2)(a)(II) of this section.

(II) For the 2023-24 fiscal year, the constitutional compliance rate is forty percent of the statewide base per pupil funding that the general assembly establishes in section 22-54-104 (5)(a) for the 2023-24 fiscal year. For the 2024-25 fiscal year and each fiscal year thereafter, the constitutional compliance rate is the 2023-24 fiscal year constitutional compliance rate increased annually, beginning in the 2024-25 fiscal year, by the rate of inflation.

(b) Compare the amount of funding that the per-child rates direct toward universal preschool services with the amount of funding the rates direct toward additional preschool services and prepare an analysis of the efficacy of the balance between funding for universal preschool services and additional preschool services in optimizing support for children in low-income families and children who meet qualifying factors while ensuring high-quality universal preschool services. The department shall make the analysis available to the public.

(c) Consider the impact on the level of funding for preschool providers as a result of the per-child rates and the levels of enrollment as compared to previous state fiscal years, including state fiscal years preceding the 2023-24 state fiscal year. The department may consider a specified purpose distribution as described in subsection (1)(d) of this section to reduce any impact on the level of funding for preschool providers.

(3) (a) Beginning in the 2023-24 fiscal year and for each fiscal year thereafter, the department, working with local coordinating organizations as provided in each local coordinating organization's coordinator agreement with the department, shall distribute the funding appropriated to the department for preschool services from the preschool programs cash fund and any amount received pursuant to section 26.5-4-209 (2). The department and local coordinating organizations, as applicable, shall base the amounts distributed on the per-child rates and any special purpose distributions established for the applicable fiscal year pursuant to subsection (1) of this section. At the start of each fiscal year, the department, and local coordinating organizations as applicable, shall distribute a portion of the funding to preschool providers based on the numbers and types of eligible children expected to enroll in preschool as estimated in the community plans or as estimated by the department for an area that does not have a local coordinating organization. The department and local coordinating organizations, as applicable, shall continue distributing portions of the funding periodically throughout the school year and shall adjust the amounts distributed based on the actual numbers and types of eligible children enrolled by preschool providers.

(b) The department shall ensure that funding is allocated for preschool services for eligible children who are three years of age or younger, as described in subsection (3)(c) of this section, for children with disabilities, and for all eligible children who enroll in universal preschool services before funding is allocated for additional preschool services or for specified purposes as described in subsection (1)(d) of this section. In allocating funding for additional preschool services for eligible children, the department shall first allocate funding for additional preschool services for eligible children who are in low-income families and meet at least one qualifying factor and then allocate funding for additional preschool services for the remaining eligible children who are in low-income families.

(c) (I) (A) In distributing funding for preschool services pursuant to this section for the 2023-24 fiscal year and each fiscal year thereafter, the department shall ensure that the amount of funding required to provide preschool services to all three-year-old children with disabilities who enroll in the preschool program is annually distributed to the enrolling preschool providers and the amount described in subsection (3)(c)(I)(B) of this section is distributed to provide 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) To provide services for eligible children who are three years of age or younger, the department shall annually distribute the amount allotted for the 2022-23 fiscal year to provide preschool services for children three years of age or younger through the "Colorado Preschool Program Act", article 28 of title 22, as it existed prior to July 1, 2023, calculated as an amount equal to the number of children three years of age or younger enrolled by each school district for the 2022-23 fiscal year multiplied by the per pupil funding, as described in section 22-54-104 (3) or (3.5), whichever is applicable, for the enrolling school district for the 2022-23 fiscal year.

(II) The department and local coordinating organizations, as applicable, shall distribute the funding for preschool services for children who are three years of age or younger as described in subsection (3)(c)(I)(B) of this section only to preschool providers that are school districts or charter schools for the eligible children who are three years of age and younger whom the school district or charter school enrolls in accordance with the preschool program; except that, in a fiscal year in which the general assembly specifically appropriates an amount to provide preschool services for children three years of age or younger who do not have disabilities that exceeds the amount described in subsection (3)(c)(I)(B) of this section, the department may distribute in accordance with the applicable community plans all or any portion of the excess appropriation amount to community-based preschool providers. A school district may distribute all or a portion of the amount received pursuant to this subsection (3)(c)(II) to a head start agency or community-based preschool provider that provides preschool services pursuant to a contract with the school district.

(III) Notwithstanding any provision of subsection (3)(c)(I) of this section to the contrary, in a fiscal year in which the amount described in subsection (3)(c)(I)(B) of this section to fund preschool services for children who are three years of age or younger is more than is required to fully fund the number of said eligible children who actually enroll for preschool services, the department may distribute the excess amount to fund universal preschool services, additional preschool services, or special purpose distributions in accordance with this section.

(IV) In a fiscal year in which the amount described in subsection (3)(c)(I)(B) of this section to fund preschool services for children who are three years of age or younger is less than is required to fully fund the number of said eligible children who actually enroll for preschool services, the department shall first provide funding for the eligible children with disabilities and eligible children who are in low-income families and meet at least one qualifying factor and then provide funding for the remaining eligible children who are in low-income families. If any amount of the appropriation described in subsection (3)(c)(I)(B) of this section remains, the department, working with the rules advisory council, the local coordinating organizations, and any other interested persons, shall establish the priority for distributing the funding among the remaining eligible children.

(4) Repealed.

(5) A preschool provider that receives funding distributed pursuant to this section shall use the money only to pay the costs of providing preschool services directly to eligible children enrolled by the preschool provider or by a subcontracted preschool provider as authorized for a school district in subsection (3)(c)(II) of this section. Costs of providing preschool services include:

(a) Teacher and paraprofessional salaries and benefits;

(b) The cost of providing to teachers and paraprofessionals any professional development activities associated with the preschool services;

(c) The costs incurred in purchasing supplies and materials used in providing the preschool services;

(d) Any additional costs that a preschool provider would not have incurred but for the services provided in conjunction with the preschool services; and

(e) A reasonable allocation of overhead costs as provided by department rule.

(6) As used in this section, unless the context otherwise requires:

(a) "District extended high school pupil enrollment" has the same meaning as provided in section 22-54-103.

(b) "Funded pupil count" means the funded pupil count as determined pursuant to article 54 of title 22.

(c) "Online pupil enrollment" has the same meaning as provided in section 22-54-103.

(d) "State average per pupil funding amount" means the total of the per pupil funding amounts, as described in section 22-54-104 (3) or (3.5), for all school districts in the state as calculated for the 2022-23 budget year divided by the total number of school districts, then multiplied by fifty percent.

(e) "State per pupil preschool funding rate for children with disabilities for the 2022-23 budget year" means an amount equal to the state's share percentage of statewide total program funding for all school districts calculated pursuant to the "Public School Finance Act of 1994", article 54 of title 22, for the 2022-23 budget year multiplied by the state average per pupil funding amount for the 2022-23 budget year.
C.R.S. § 26.5-3-904 — CO Code / Title 26.5 / Article 3 / Part 9 / Section 26.5-3-904
26.5-3-904. Home visiting grant program - authorized requirements - implementation partner -
Status: repealed

26.5-3-904. Home visiting grant program - authorized requirements - implementation partner - rules - definition - repeal. (1) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate to the department one million dollars from the economic recovery and relief cash fund created in section 24-75-228 for purposes of implementing the home visiting grant program. For the purposes of this section, "home visiting" means a voluntary, evidence-based, two-generation, and home-based prevention program for families with children from prenatal to six years of age. The home visiting grant program must support school readiness, social-emotional growth, and age-appropriate child development and be delivered by a trained home visitor. The home visiting grant program must be prioritized to expand access to populations that are underserved by language, culture, or geography.

(b) The use of money appropriated pursuant to this subsection (1) 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).

(2) This section is repealed, effective September 1, 2027.
C.R.S. § 26.5-3-702 — CO Code / Title 26.5 / Article 3 / Part 7 / Section 26.5-3-702
26.5-3-702. Early childhood mental health consultation - statewide program - creation - purp
Status: in_force

26.5-3-702. Early childhood mental health consultation - statewide program - creation - purpose - rules. (1) (a) On or before July 1, 2022, the department shall design, implement, and operate the statewide voluntary program of early childhood mental health consultation to expand and enhance current practices across the state. The department, through the program, shall support mental health in a variety of settings, including but not limited to early child care and learning, elementary schools, home visitation, child welfare, public health, and health care, including settings providing prenatal and postpartum care.

(b) In designing and developing the program, the department shall work in consultation with the national center of excellence for infant and early childhood mental health consultation funded by the United States department of health and human services; nationally recognized entities that support implementation of sustainable systems or programs that focus on promoting the social, emotional, and behavioral outcomes of young children; and key stakeholders in the state, including mental health professionals, nonprofit organizations with expertise in mental health, organizations representing parents of children who would benefit from early childhood mental health consultation, hospitals and other health-care provider organizations with expertise working with children facing behavioral health and other challenges to optimal growth and development, early child care and education providers, and clinicians with expertise in infant and early childhood mental health.

(c) The department shall coordinate with community-based organizations to ensure the effective implementation of the program and model of consultation established pursuant to section 26.5-3-703, as well as support the availability of resources across the state to support the program and the mental health consultants in the program in their work.

(d) The executive director may promulgate rules for the design, implementation, and operation of the program.

(2) The purpose of the program is to:

(a) Increase the number of qualified and appropriately trained mental health consultants throughout the state who will consult with professionals working with children across a diversity of settings, as well as other adults, including family members, who directly interact with and care for children;

(b) Support and provide guidance and training, through visits with mental health consultants in the program, to families, expecting families, caregivers, and providers across a diversity of settings in addressing the healthy social-emotional developmental needs of children and families during the prenatal period through eight years of age;

(c) Develop a defined model of consultation that is rooted in diversity, equity, and inclusion for the state pursuant to section 26.5-3-703 that includes qualifications and competencies for mental health consultants, job expectations, expected outcomes, and guidance on ratios between mental health consultants in the program and the settings they support; and

(d) Develop and maintain a statewide professional development plan pursuant to section 26.5-3-704 that assists the mental health consultants in meeting the expectations and developing the competencies set forth in the model of consultation established pursuant to section 26.5-3-703.

(3) Nothing in this part 7 creates or expands the regulatory authority of the department over mental health professionals who are not funded by appropriations made to the department for the program pursuant to this part 7.
C.R.S. § 26.5-5-330 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-330
26.5-5-330. Bilingual licensing unit - appropriation
Status: in_force

26.5-5-330. Bilingual licensing unit - appropriation. (1) The bilingual licensing unit is created in the department to facilitate the satisfaction of the department's duties described in section 26.5-5-309 (7).

(2) For the 2024-25 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate two hundred thirty-five thousand dollars to the department from the general fund to pay costs associated with the activities of the bilingual licensing unit created in subsection (1) of this section.
C.R.S. § 26.5-1-111 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-111
26.5-1-111. Data system - collection - analysis - cross-agency agreements
Status: in_force

26.5-1-111. Data system - collection - analysis - cross-agency agreements. (1) The department shall work with local coordinating organizations, state agencies, local and tribal agencies, and providers, as necessary, to collect, share, manage, and protect qualitative and quantitative data pertaining to early childhood and family support programs and services. The department shall review and analyze the collected data to assess:

(a) The needs of children and families for early childhood and family support programs;

(b) The local and statewide availability, capacity, use, and quality of, and funding support for, early childhood and family support programs and services;

(c) The degree to which the department and local and tribal agencies are reducing inequities in access to and use of early childhood and family support programs and services and in childhood outcomes;

(d) The capacity, quality, training, education, employment status, and retention of and compensation provided to members of the workforce that serves early care and education, early childhood programs and services, and family support programs and services;

(e) Long-term outcomes for children served by early childhood and family support programs and services, including correlations to school readiness as assessed pursuant to section 22-7-1004 (2), to academic success in third grade, and to high school graduation; and

(f) Other measures that indicate the effectiveness of the early childhood and family support programs and services in Colorado in serving and supporting children, families, providers, and the early childhood workforce.

(2) At a minimum, the department shall collect data pertaining to early childhood and family support programs and services that includes:

(a) The number of children in the state who are eligible to receive, and the number of children who actually receive, services through the programs administered by the department; the demographics of said children, including socioeconomic status, race, ethnicity, language, and disability; and said children's eligibility for funding and use of early childhood and family support programs and services;

(b) Information concerning groups of children who have historically encountered barriers to school readiness;

(c) Information that enables the department, local coordinating organizations, and local and tribal agencies to assess on a continuing basis the needs for early childhood and family support programs and services in an area and make decisions concerning the provision of programs and services;

(d) The demand for early childhood and family support programs and services and the existence of providers in areas throughout the state, including information concerning program capacity, such as the number of available classrooms; the local and statewide availability of locally, state-, and federally funded enrollment positions and vacancies in those positions; and the number of hours of services received by individual children and parents in programs;

(e) The number of early childhood programs at each quality level statewide and in specific areas and the number and demographics of children served in early childhood programs at each quality level;

(f) Data regarding the early childhood workforce; and

(g) The combination and coordination of local, state, and federal funding for children and families to provide early childhood and family support programs and services and the programs and services that are provided, including use of more than one program or service by a single family.

(3) (a) The departments of early childhood, human services, education, public health and environment, and health care policy and financing shall enter into agreements to ensure data privacy and security with regard to shared early childhood data. In collecting and sharing data, the departments shall coordinate and require collection of data in ways that impose the least possible burden on families and providers, including by reducing redundancies in data collection across programs.

(b) The department shall use information derived through the early childhood data system to, at a minimum, inform planning, leverage resource allocations, maximize children's access to early childhood programs and services, and support data-informed decision-making.

(c) The department shall identify and pursue research opportunities to provide information to support new measures for improving the system of early childhood and family support programs and services in the state and to understand the causal effects of early childhood and family support programs and services that are provided.

(3.5) The department shall contribute education and workforce readiness data beginning in the 2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).

(4) The department, through the department website, shall regularly inform members of the early childhood community and other members of the public of progress made in improving the delivery, quality, access, availability, and capacity of early childhood programs and services. Specifically, the department shall provide information concerning the achievement of benchmarks in such areas as increasing the number of children receiving early childhood programs and services, improving preschool classroom quality, meeting program quality standards, and improving school readiness, and shall provide information concerning the results of preschool program evaluations completed pursuant to section 26.5-4-207.
C.R.S. § 26.5-3-703 — CO Code / Title 26.5 / Article 3 / Part 7 / Section 26.5-3-703
26.5-3-703. Model of early childhood mental health consultation - standards and guidelines -
Status: in_force

26.5-3-703. Model of early childhood mental health consultation - standards and guidelines - qualifications. (1) On or before July 1, 2022, the department shall design and develop, in consultation with the stakeholders listed in section 26.5-3-702 (1)(b), a model of consultation for the program that includes qualifications for mental health consultants, job expectations, expected outcomes, and guidance on ratios between mental health consultants and the settings they support, referred to in this section as "the model". The model must include standards and guidelines to ensure the program is implemented effectively, with primary consideration given to evidence-based services. The standards and guidelines must include:

(a) Clear qualifications for mental health consultants in the program, including, at a minimum, expertise in adult and child mental health theory, practice, and services; early childhood, child development, and family systems; knowledge of, and skills to address, circumstances that affect children's behavior and mental health; knowledge of developmental science and milestones; knowledge of a consultative model of practice; and available resources and services to children and families to alleviate family stress;

(b) Expectations for the placement of regional consultants that will most effectively meet local community need for mental health consultants in the program. The department shall periodically conduct an open and competitive selection process for the placement of any publicly funded mental health consultants in the program.

(c) Guidance concerning the scope of work that mental health consultants in the program may provide to professionals working with young children and families, including guidance on appropriate referrals, training, coaching, prevention, and any other appropriate services;

(d) Methods to increase the availability of bilingual or multilingual mental health consultants in the program and otherwise ensure the cultural competency of mental health consultants in the program and ensure that the consultant population reflects an array of characteristics and backgrounds and is reflective of the diversity of the providers, children, and families being served;

(e) Guidance on the diverse settings in which and types of providers with whom mental health consultants in the program may work to meet the varied needs of children and families from prenatal through eight years of age. The model must include provisions that ensure that mental health consultants in the program may work with a diversity of professionals and caregivers, including but not limited to early child care and education teachers and providers, elementary school teachers and administrators, home visitors, child welfare caseworkers, public health professionals, and health-care professionals, including settings providing prenatal and postpartum care.

(f) Anticipated outcomes that the program and mental health consultants in the program should achieve, including:

(I) Promoting social-emotional growth and development of children;

(II) Providing guidance to professionals and caregivers to effectively understand and support children's positive behavior and development;

(III) Understanding the effects of trauma and adversity, including oppression, prejudice, discrimination, racism, and gender inequity, on the developing brain to ultimately reduce challenging behaviors and increase positive early experiences;

(IV) Promoting high-quality interactions and relationships between children and adults;

(V) Supporting the mental health and well-being of adults who care for children;

(VI) Connecting and referring children, families, and providers to programs, resources, and supports that will assist them in their development and success while addressing barriers to accessing such resources and supports;

(VII) Supporting equitable, inclusive outcomes for the diverse providers, children, and families throughout the state; and

(g) Guidance on appropriate ratios of mental health consultants and the settings they support, as well as caseload expectations.
C.R.S. § 26.5-4-210 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-210
26.5-4-210. Reporting
Status: in_force

26.5-4-210. Reporting. (1) Beginning with the hearing held in January of 2025 as part of the annual hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, the department shall report on the implementation and effectiveness of the Colorado universal preschool program in the preceding fiscal year. At a minimum, the report must include:

(a) The number of eligible children served by preschool providers, specifying:

(I) The number of eligible children who received only universal preschool services;

(II) The number of eligible children with disabilities who received preschool services;

(III) The number of eligible children three years of age and younger who received preschool services;

(IV) The number of eligible children who received additional preschool services;

(V) The number and percentage of eligible children enrolled in the preschool program who were in low-income families and who met one or more qualifying factors, including identifying the qualifying factors that were met; and

(VI) The demographics of the eligible children enrolled in the preschool program, including, but not limited to, race, ethnicity, disability, and income;

(b) The number of children who were eligible to receive funding for additional preschool services but did not due to insufficient funding and the amount that would have fully funded additional preschool services for all eligible children;

(c) The number of eligible children who did not enroll in preschool providers;

(d) The extent to which a mixed delivery system of preschool providers is available and the enrollment capacity of the mixed delivery system throughout the state;

(e) The amount of funding distributed to preschool providers through the preschool program, in total and disaggregated by communities with local coordinating organizations and areas of the state that do not have local coordinating organizations;

(f) The per-child rates established pursuant to section 26.5-4-208 (1) for universal preschool services, preschool services for children with disabilities, preschool services for eligible children who are three years of age or younger, and additional preschool services for the fiscal year with an explanation of the formulas for determining the per-child rates;

(g) Of the amount appropriated from the preschool programs cash fund, the amount, expressed as a dollar amount and a percentage of the total appropriation, that:

(I) Was distributed to fund universal preschool services;

(II) Was distributed to fund preschool services for children with disabilities;

(III) Was distributed to fund preschool services for eligible children three years of age and younger;

(IV) Was distributed to fund additional preschool services;

(V) Was distributed for specified purposes pursuant to section 26.5-4-208 (1)(d) with an explanation of each specified purpose and the preschool providers or communities that received the distributions;

(VI) Is attributable to each weighting factor, if any, included in the formulas created pursuant to section 26.5-4-208 (1); and

(VII) Was spent on administrative expenses of the department and each local coordinating organization;

(h) The number of eligible children for whom additional preschool services or other full-day preschool services were provided using resources other than the money distributed through the preschool program and the sources of those resources;

(i) Quantitative data, and qualitative data if available, including student outcomes to the extent they are available, demonstrating the effectiveness of the preschool program in improving the overall learning and school readiness of children who receive preschool services through the preschool program, including the results of the independent evaluation conducted pursuant to section 26.5-4-207 (2);

(j) The changes, if any, in the availability of child care for infants and toddlers, statewide and within communities or areas, following implementation of the preschool program;

(k) Any other information that indicates the effectiveness of the preschool program in serving eligible children throughout the state; and

(l) Any recommendations for legislative or regulatory changes to improve the effectiveness of the preschool program.

(2) The department may request and local coordinating organizations and preschool providers shall provide information as necessary for the department to prepare the report described in subsection (1) of this section.

(3) The department shall annually publish on the department website the information provided in the report described in subsection (1) of this section.
C.R.S. § 26.5-3-805 — CO Code / Title 26.5 / Article 3 / Part 8 / Section 26.5-3-805
26.5-3-805. Early care and education recruitment and retention grant and scholarship program
Status: repealed

26.5-3-805. Early care and education recruitment and retention grant and scholarship program - created - criteria and eligibility - grant and scholarship awards - reports - funding - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Early childhood educator" means an individual who holds an early childhood professional credential or qualification.

(b) "Eligible entity" is any entity described in subsection (3) of this section.

(c) "Program" means the early care and education recruitment and retention grant and scholarship program created in subsection (2) of this section.

(2) There is created in the department the early care and education recruitment and retention grant and scholarship program. The department shall administer, directly or by contract, the program. The purposes of the program are to:

(a) Increase the number of individuals throughout the state who are qualified to serve as early childhood educators, including qualified multilingual and culturally competent educators, in programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 that serve children five years of age or younger; and

(b) Retain early childhood educators who are working in programs licensed by the department that serve children five years of age or younger.

(3) The department shall establish a process for eligible entities to apply for a grant that aligns with the purposes of the program. Entities that are eligible to apply for a grant from the program include, but are not limited to:

(a) Nonprofit entities that administer or plan to administer scholarship programs that are aligned with the purposes of the program;

(b) Early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 and that are serving children five years of age or younger; and

(c) Institutions of higher education that administer scholarship programs that are aligned with the purposes of the program.

(4) The executive director may promulgate rules regarding criteria, timelines, and the administration of the program pursuant to the requirements outlined in this section.

(5) The department shall seek and accept applications from eligible entities to award program grant money for eligible purposes. The department shall coordinate with the department of higher education to ensure effective administration of program grant money awarded to state public institutions of higher education. Eligible expenditures of grant or scholarship money by recipients include:

(a) Administration by a nonprofit entity of a scholarship program up to a fixed dollar amount or percentage of grant proceeds, as determined and published by the department;

(b) Payment of tuition, fees, and materials, including books and any other materials as determined by the department, for courses that lead to a degree or credential or for other formal training, any of which results in a recipient who was not qualified to become qualified as an early childhood educator in a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that serves children five years of age or younger;

(c) Payment of tuition, fees, and materials, including books and any other materials as determined by the department, for a recipient who is already credentialed as an early childhood educator for courses that lead to a degree or a higher level credential or for other formal training, any of which results in the recipient being eligible for a higher level credential in the department's professional development information system or a higher degree or qualification that results in longer retention of the recipient in a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that serves children five years of age or younger;

(d) Payment for costs associated with a credentialed early childhood educator earning a coaching, formal trainer, mentorship, or professional development certification that allows the early childhood educator to serve as a trainer or mentor of other current or potential early childhood educators pursuing programming that leads to a credential;

(e) Payments to licensed providers to cover paid release time for individuals, substitutes, and program costs to allow eligible individuals to pursue programs, course work, credentials, degrees, and other formal training that increases the number of qualified early childhood educators or retains current early childhood educators in child care programs licensed by the department pursuant to part 3 of article 5 of this title 26.5;

(f) Payments to licensed providers, schools, community colleges, institutions of higher education, early childhood councils, or other local nonprofit entities to cover the costs of "grow-your-own" programs that support current parents, staff, or local community members to meet qualifications to serve as an early childhood educator to complete appropriate programs, certifications, or training that results in participants being able to serve as qualified early childhood educators in child care programs licensed by the department pursuant to part 3 of article 5 of this title 26.5;

(g) Payments to licensed providers to cover the costs of promoting teachers to coaching and mentorship roles with the intent of increasing access to coaching and professional learning communities and to provide flexibility in scheduling for early childhood educators;

(h) Raises, bonuses, and other financial incentives, including loan forgiveness provided by licensed early childhood educator programs or through scholarship programs, for current or potential early childhood educators to reward progress toward qualifications that allow the individual to serve as an early childhood educator in an early child care and education program licensed by the department pursuant to part 3 of article 5 of this title 26.5, or to improve retention of early childhood educators in early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5; and

(i) Payments for registered apprenticeships for work-based learning opportunities for individuals interested in entering the field of early child care and education, serving children five years of age or younger, so that they can receive on-the-job training, classroom instruction, and financial rewards for gains in skills and earn credentials, credits, or higher education degrees. Any such apprenticeship program must create pathways into the early child care and education profession. The department, in consultation with the department of labor and employment, the department of higher education, and the department of education, shall:

(I) Define and establish eligibility criteria for eligible entities to receive money to implement apprenticeships;

(II) Establish program standards for formally recognized early childhood apprenticeship programs. These standards must address expectations for employer involvement; on-the-job training, credit, and credential attainment; ensuring the availability of relevant training and classroom instruction; rewards for skills gains; and support for local implementation; and

(III) Add monetary awards for the following uses of early childhood apprenticeships, as appropriate:

(A) Supporting existing apprenticeship programs or the creation of new apprenticeship programs by making money available to eligible entities;

(B) Supporting existing apprenticeship programs by expanding their reach to serve more apprentices;

(C) Technical assistance relating to establishing the partnerships necessary to create apprenticeships;

(D) Money for the recruitment of mentor teachers;

(E) Incentives for program participants;

(F) Financial rewards for skills gained in the apprenticeship program;

(G) Incentives for department-licensed providers to participate in apprenticeships;

(H) Money to cover the costs of classroom training and instruction;

(I) Money to cover the costs of earning a credential; and

(J) Money to support on-the-job training.

(6) (a) As part of participating in the program, the department shall require each eligible entity, as described in subsection (3) of this section, that receives grant program money to report program outcomes to the department, as applicable, including, but not limited to, the increase, as a result of the program, in the number of individuals credentialed to teach or who receive a higher level credential to teach at early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 that serve children five years of age or younger, as well as information relating to retention of early childhood educators as a result of the program.

(b) So long as the department is awarding grant and scholarship money pursuant to this part 8, the department shall summarize and post, at least every two years, the information described in subsection (6)(a) of this section on the portion of the department's website relating to early childhood education.

(7) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate fifteen million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing the program. The money appropriated pursuant to this subsection (7) is not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. Five million dollars must be dedicated for home visiting workforce, early childhood mental health consultants, and early intervention providers.

(b) The use of money appropriated pursuant to this subsection (7) 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 (7) is repealed, effective September 1, 2027.
C.R.S. § 26.5-5-312 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-312
26.5-5-312. Application forms - criminal sanctions for perjury
Status: in_force

26.5-5-312. Application forms - criminal sanctions for perjury. (1) (a) (I) All applications for the licensure of a child care facility pursuant to this part 3 must include the notice to the applicant that is set forth in subsection (1)(b) of this section.

(II) Every application used in the state of Colorado for employment with a child care provider or facility must include the notice to the applicant that is set forth in subsection (1)(b) of this section.

(b) Each application described in subsection (1)(a) of this section must contain the following notice to the applicant:

Any applicant who knowingly or willfully makes a false statement of any material fact or thing in this application commits perjury in the second degree as defined in section 18-8-503, Colorado Revised Statutes, and, upon conviction thereof, shall be punished accordingly.

(2) Any person applying for the licensure of a child care facility pursuant to this part 3 or any person applying to work at such a facility as an employee who knowingly or willfully makes a false statement of any material fact or thing in the application commits perjury in the second degree as defined in section 18-8-503, and, upon conviction thereof, must be punished accordingly.
C.R.S. § 26.5-1-115 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-115
26.5-1-115. Colorado imagination library program - creation - contract - report - legislativ
Status: in_force

26.5-1-115. Colorado imagination library program - creation - contract - report - legislative declaration - appropriations - definitions. (1) For the purposes of this section, unless the context otherwise requires:

(a) "County-based affiliate programs" means a nonprofit organization or nonprofit partner affiliate of the Colorado imagination library program that operates within a county or city and county or across cities and counties.

(b) "Eligible child" means a child from birth to the child's fifth birthday.

(c) "National nonprofit foundation" means a national nonprofit foundation that exists for the sole purpose of working with local entities to identify eligible children and provide age-appropriate, high-quality books each month to those children at no cost to families.

(d) "Program" means the Colorado imagination library program created pursuant to subsection (2) of this section.

(2) (a) (I) No later than July 1, 2024, the department of early childhood shall contract with a Colorado nonprofit organization for the creation and operation of the Colorado imagination library program.

(II) Effective June 30, 2024, the rights, powers, duties, functions, and obligations concerning the program are transferred to the department of early childhood. Before the transfer of the rights, powers, duties, functions, and obligations of the program to the department of early childhood on June 30, 2024, the department of early childhood may enter into an interagency agreement with the department of education for the administration of the program.

(III) Effective June 30, 2024, if the department of education is referred to or designated by the contract described in subsection (2)(a)(I) of this section or any other document in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to subsection (2)(a)(II) of this section, the reference or designation applies to the department of early childhood. All contracts entered into by the department of education before June 30, 2024, in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to subsection (2)(a)(II) of this section are validated, with the department of early childhood succeeding all rights and obligations under the contract.

(b) The contractor described in subsection (2)(a)(I) of this section shall:

(I) Operate the program by providing age-appropriate, high-quality books to children to promote early childhood literacy;

(II) Manage the daily operations of the program, including, but not limited to, establishing county-based affiliate programs in all Colorado counties and cities and counties and advancing and strengthening the affiliate programs to ensure enrollment growth;

(III) Contract with a national nonprofit foundation to provide age-appropriate, high-quality books each month to eligible children at no cost to families;

(IV) Provide for a high-quality independent evaluation of the impact of the program on child and family outcomes, including child literacy and parent and family engagement; and

(V) Establish a distressed affiliate fund using gifts, grants, or donations to help county-based affiliate programs that have financial difficulty meeting the county-based affiliate programs' funding requirements.

(3) The contractor may enter into a contract with book vendors or book publishers in accordance with this section to provide additional age-appropriate, high-quality books to eligible children enrolled in the program at no cost to families.

(4) Notwithstanding section 24-1-136 (11)(a)(I), on or before July 1, 2024, and on or before each July 1 thereafter, the contractor shall submit a report to the department, which shall then submit the report to the education committees of the senate and house of representatives, or their successor committees, concerning the total number of eligible children residing in each county or city and county in Colorado and how many eligible children are enrolled in the program in each county or city and county.

(5) (a) The contractor, in operating the program pursuant to subsection (2) of this section, shall pay to the national nonprofit foundation the statewide cost to provide free books to eligible children enrolled in the program, as determined by the national nonprofit foundation. The contractor shall pay a book vendor or book publisher that enters into a contract with the contractor pursuant to subsection (3) of this section the statewide cost to provide additional free books to eligible children enrolled in the program. The general assembly shall annually appropriate money from the general fund to the department to distribute to the contractor for the state's fifty percent share of the cost to provide the books.

(b) Each county-based affiliate program must pay to the contractor the remainder of the cost, as determined by the national nonprofit foundation or a book vendor or book publisher that enters into a contract with the contractor pursuant to this section, to provide books to the eligible children enrolled in the county or city and county.

(6) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the implementation of this section.

(7) (a) It is the intent of the general assembly to provide full funding by 2026 for any eligible child who wants to participate in the program.

(b) (I) For the 2022-23 state fiscal year, the general assembly shall appropriate nine hundred seven thousand one hundred forty dollars for the Colorado imagination library program and shall increase the appropriation in subsequent fiscal years as necessary to meet the intention of the general assembly set forth in subsection (7)(a) of this section.

(II) Any appropriation made in the annual general appropriation act for the 2023-24 state fiscal year to the department of education for the Colorado imagination library program is hereby transferred to the department of early childhood for the Colorado imagination library program on June 30, 2024. Any unexpended and unencumbered money appropriated from the general fund for the Colorado imagination library program for the 2023-24 state fiscal year that is transferred to the department of early childhood pursuant to this subsection (7)(b)(II) remains available for expenditure by the department of early childhood through the 2024-25 state fiscal year without further appropriation.

(c) For the 2024-25 state fiscal year, the general assembly shall appropriate to the department of early childhood the funds necessary to meet the intention of the general assembly set forth in subsection (7)(a) of this section.

(d) Twenty percent of money appropriated for the 2021-22 state fiscal year, and each fiscal year thereafter, may be used for the contractor operating the program for duties set forth in subsections (2)(b)(I) to (2)(b)(III) and (2)(b)(V) of this section.
C.R.S. § 26.5-3-603 — CO Code / Title 26.5 / Article 3 / Part 6 / Section 26.5-3-603
26.5-3-603. Social-emotional learning programs grant program - created - implementation part
Status: in_force

26.5-3-603. Social-emotional learning programs grant program - created - implementation partner - application - selection - funding - rules. (1) The social-emotional learning programs grant program is created in the department. The department shall administer the grant program in collaboration with an implementation partner selected pursuant to subsection (2) of this section. Subject to annual appropriations, the department shall award grants to entities that apply pursuant to subsection (3) of this section to provide social-emotional learning programs for young children and their parents in communities throughout the state. The executive director is authorized to promulgate rules as necessary to implement the grant program.

(2) As soon as practicable after July 1, 2022, the department shall initiate a formal request for proposals process to select and contract with a Colorado-based private, nonprofit organization to serve as an implementation partner. The implementation partner shall:

(a) Assist the department in selecting from among applicants those entities that receive grants to provide social-emotional learning programs pursuant to this part 6;

(b) Perform community readiness assessments and provide training, coaching, and monitoring for the implementation of social-emotional learning programs by the entities that receive grants;

(c) Provide ongoing quality assessments and improvement recommendations for the selected entities to ensure high-quality implementation and sustainability of social-emotional learning programs;

(d) Provide to the department site-specific and statewide process and outcomes evaluations of social-emotional learning programs and the grant program as described in this section;

(e) Assist the department with the financial administration of grants pursuant to this part 6 and work with the office of the state auditor as required;

(f) Annually provide to each entity that receives money through the grant program a detailed data report of the entity's implementation of the social-emotional learning programs that includes an assessment of the program's success in achieving positive outcomes for children and their families and identification of areas for practice improvement; and

(g) Annually prepare and submit to the department an evaluation of the outcomes of the social-emotional learning programs that entities implement using money received through the grant program.

(3) An entity that seeks grant money to implement or expand a social-emotional learning program must submit an application to the department in accordance with department rules and procedures. At a minimum, the application must:

(a) Identify the social-emotional learning program curriculum that the entity will use, which must:

(I) Include components that provide a curriculum for parents, teachers, and preschool- and kindergarten-age children;

(II) Be identified by the university of Colorado as a proven, evidence-based intervention to support healthy youth development; and

(III) Have been previously implemented with success by early childhood program providers in Colorado; and

(b) Specify whether the entity has previously provided social-emotional learning programs and, if so, the demographics of the children and families served. An applicant that has not previously provided social-emotional learning programs must work with the implementation partner to complete a community readiness assessment before submitting an application or within three months after submitting the application.

(4) The department shall work with the implementation partner to review and select grantees from among the applying entities. In addition to any other selection criteria that may be identified in rules of the department, the department shall base selection of grantees on the applicant's use of a curriculum that meets the requirements specified in subsection (3)(a) of this section and on the applicant's service to under-resourced children and families who have a clearly identified need or the outcome of the community readiness assessment. The department shall pay the grants awarded through the program from money appropriated for the program pursuant to subsection (5) of this section.

(5) The general assembly shall annually appropriate money to the department to implement the grant program. The general assembly may appropriate money for the grant program from the marijuana tax cash fund created in section 39-28.8-501. The department may expend a portion of the amount appropriated pursuant to this subsection (5) to pay the costs incurred in implementing the grant program, including the costs incurred in contracting with the implementation partner.
C.R.S. § 26.5-5-205 — CO Code / Title 26.5 / Article 5 / Part 2 / Section 26.5-5-205
26.5-5-205. Reporting requirements
Status: repealed

26.5-5-205. Reporting requirements. (1) No later than August 15 each year, an early childhood council that receives a grant shall provide the department with an annual report concerning the outcomes of the grant. The report must include, at a minimum:

(a) A summary of data received from early childhood education programs that received grant money;

(b) The number of infants and toddlers under three years of age served because of the grant program in home-based programs and the number served in center-based programs;

(c) The length of time services were provided;

(d) A detailed description of quality improvements made using grant money;

(e) A description of how the grantee's program met the stated outcomes in its application;

(f) A summary of the number of jobs created through the grant program; and

(g) Any other data required by the department.

(2) Repealed.
C.R.S. § 26.5-4-402 — CO Code / Title 26.5 / Article 4 / Part 4 / Section 26.5-4-402
26.5-4-402. Organized youth athletic activities - abuse prevention training
Status: in_force

26.5-4-402. Organized youth athletic activities - abuse prevention training. (1) (a) Starting July 1, 2025, each youth sports organization shall require each coach to annually complete mandatory reporter training that adheres to the recommendations of the mandatory reporter training task force pursuant to section 19-3-304.2.

(b) Each youth sports organization shall encourage each coach to annually complete an abuse prevention training program that includes the following:

(I) Prohibited conduct by coaches;

(II) Appropriate one-on-one interactions between players and coaches;

(III) How to recognize and appropriately respond to and prevent behaviors that violate the prohibited conduct policy developed pursuant to subsection (2) of this section; and

(IV) How to respond to disclosures of sexual abuse, child abuse, or reports of behaviors violating the prohibited conduct policy developed pursuant to subsection (2) of this section in a supportive and appropriate manner that meets the mandated reporting requirements pursuant to Colorado statutes.

(2) (a) (I) Each youth sports organization shall develop a prohibited conduct policy relating to youth athletic activities.

(II) The prohibited conduct policy must include:

(A) A list of prohibited conduct by parents, spectators, coaches, and athletes and a mandatory reporting policy for adults who have knowledge of an act of prohibited conduct; and

(B) A code of conduct for parents, spectators, coaches, and athletes to follow.

(III) A youth sports organization may adopt the model code of conduct policy made available by the department pursuant to section 26.5-1-117.

(b) Each youth sports organization shall require each of its coaches to comply with the prohibited conduct policy developed pursuant to subsection (2)(a) of this section.

(3) Each youth sports organization shall post the notice created pursuant to section 6-1-736 on its website, and if the youth sports organization does not have a website, it shall provide the notice to the parents and legal guardians of each participant.
C.R.S. § 26.5-3-201 — CO Code / Title 26.5 / Article 3 / Part 2 / Section 26.5-3-201
26.5-3-201. Short title
Status: in_force

26.5-3-201. Short title. The short title of this part 2 is the "Colorado Child Abuse Prevention Trust Fund Act".
C.R.S. § 26.5-1-114 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-114
26.5-1-114. Tribal regalia at preschool graduation ceremonies - definitions
Status: in_force

26.5-1-114. Tribal regalia at preschool graduation ceremonies - definitions. (1) As used in this section, unless the context otherwise requires:

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

(b) "Qualifying student" means a student who is a descendant of people who were living in North America prior to the time people from Europe began settling in North America, is an enrolled member of a federally recognized or state-recognized Indian tribe, or is a lineal descendant of a tribally enrolled parent or grandparent.

(c) "Tribal regalia" means a tribe's traditional dress or recognized objects of religious or cultural significance and includes the following items of cultural significance:

(I) Tribal symbols;

(II) Beads; and

(III) Feathers, in line with the "Migratory Bird Treaty Act of 1918".

(d) "Tribe" means a tribe, band, nation, or Alaskan Native village that is recognized by federal law or that a state formally acknowledges.

(2) A qualifying student may wear tribal regalia during a graduation ceremony; except that a qualifying student who is not an enrolled member of a tribe shall not wear eagle feathers. Wearing tribal regalia includes decorating graduation attire with tribal regalia; except that a qualifying student who is not an enrolled member of a tribe shall not decorate with eagle feathers.

(3) (a) An immediate family member of a qualifying student may wear and display tribal regalia during the qualifying student's graduation ceremony if the immediate family member is:

(I) An enrolled member of a tribe;

(II) Eligible to be enrolled as a member of a tribe; or

(III) A lineal descendant of a tribally enrolled parent or grandparent.

(b) Notwithstanding subsection (3)(a) of this section, an immediate family member who is not an enrolled member of a tribe shall not wear eagle feathers.

(4) A preschool shall not prohibit a qualifying student or the qualifying student's immediate family from wearing and displaying tribal regalia at a graduation ceremony.

(5) This section applies to all preschool graduations.
C.R.S. § 26.5-3-204 — CO Code / Title 26.5 / Article 3 / Part 2 / Section 26.5-3-204
26.5-3-204. Colorado child abuse prevention board - creation - members - terms - vacancies -
Status: in_force

26.5-3-204. Colorado child abuse prevention board - creation - members - terms - vacancies - reimbursement for expenses. (1) The Colorado child abuse prevention board is transferred to the department of early childhood from the department of human services. The board shall exercise its powers and duties as if transferred by a type 2 transfer. Persons appointed to the board continue serving until completion of their terms and may be reappointed as provided in this section.

(2) The board consists of nineteen members, with a consideration for geographic diversity, as follows:

(a) One person from the department of human services' division of child welfare, appointed by the executive director of the department of human services;

(b) The executive director of the department of early childhood or the executive director's designee;

(c) The executive director of the department of public health and environment or the executive director's designee;

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

(e) Two persons appointed by the governor and confirmed by the senate who are knowledgeable in the area of child abuse prevention and represent some of the following areas: Law enforcement, medicine, law, business, public policy, mental health, intimate partner violence, early childhood education, elementary and secondary education, reducing poverty and helping families gain economic stability, the connection between housing instability and trauma, higher education, research and program evaluation, and social work. In making appointments to the board, the governor is encouraged to include representation by at least one member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities, so long as the other requirements of this subsection (2)(e) are met.

(f) The executive director of the department of health care policy and financing or the executive director's designee;

(g) The executive director of the department of local affairs or the executive director's designee;

(h) The child protection ombudsman, as appointed pursuant to section 19-3.3-102;

(i) Four appointees who represent county leadership, as either a county commissioner or a director of public health or of human or social services, as designated by statewide organizations representing county commissioners, human services directors, and public health officials, three of whom must have expertise in human services or child welfare practice;

(j) Three members appointed by the executive director of the department. Such appointees must be community members with lived experience that may include childhood history of adverse childhood experiences or experience participating in prevention, parenting, or family strengthening programs. One of the three appointees must be a parent.

(k) One member who is a member of the senate and who is appointed by the president of the senate and one member who is a member of the house of representatives and who is appointed by the speaker of the house of representatives.

(l) The commissioner of the behavioral health administration, created in section 27-50-102, or the commissioner's designee.

(3) (a) Each appointed member of the board serves a term of three years.

(b) The original appointing entity shall fill a vacancy on the board for the balance of the board member's unexpired term.

(c) A board member, whether original or otherwise, may not serve more than two consecutive terms.

(4) The board shall meet regularly and adopt its own rules of procedure.

(5) Members are entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties.