C.R.S. § 26.5-6-101 — CO Code / Title 26.5 / Article 6 / Section 26.5-6-101
26.5-6-101. Plan for early childhood workforce development
Status: in_force

26.5-6-101. Plan for early childhood workforce development. (1) The department, in partnership with the early childhood leadership commission, shall develop a plan for recruiting, training, and retaining a well-compensated, well-prepared, high-quality statewide early childhood workforce. In developing the plan, the department and the commission shall work with the departments of education, higher education, and labor and employment and with organizations that have expertise pertaining to the early childhood workforce. At a minimum, the plan must:

(a) Take into account existing early childhood workforce qualification pathways and create a simplified process for persons in the workforce to attain credentials and meet qualifications;

(b) Ensure the ability to overcome any regulatory and systemic barriers for entry into the early childhood workforce by addressing administrative and policy barriers to entry, including addressing barriers faced by individuals who speak languages other than English;

(c) Address strategies for recruiting and providing incentives for diverse, nontraditional workforce members, such as high school students, teachers from other countries, and parents, and reducing barriers that prevent these individuals from joining the early childhood workforce;

(d) Promote a coherent and aligned system of preparation and ongoing professional development for individuals in the early childhood workforce;

(e) Simplify the requirements an individual must meet to enter the early childhood workforce, clearly articulate the competencies that members of the early childhood workforce are expected to achieve over time, align the system of professional learning and development for early childhood services, and reduce regulatory barriers when possible to promote attainment of these competencies through identified professional development partners, including institutions of higher education;

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

(g) Address strategies for increasing the compensation for individuals in the early childhood workforce with the goal of ensuring that all individuals in the early childhood workforce receive a living wage; and

(h) Address other sustainable and evidence-based strategies to recruit, prepare, compensate, provide continuing professional development for, and retain members of the early childhood workforce.

(2) The department shall make the plan publicly available on the department's website and shall submit a copy of the plan and any subsequent revisions to the plan to the early childhood leadership commission, to the governor's office, and to the education and the business affairs and labor committees of the house of representatives and the education and the business, labor, and technology committees of the senate, or any successor committees.

(3) The department, working with the departments of education, higher education, and labor and employment, shall periodically review and assess the implementation of recruitment, preparation, professional development, and retention initiatives for the early childhood workforce. In reviewing these initiatives, the department shall solicit feedback from, at a minimum, individuals in the early childhood workforce, families, early care and education providers, the early childhood leadership commission, and organizations with expertise pertaining to the early childhood workforce.
C.R.S. § 26.5-5-304 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-304
26.5-5-304. Application of part - definition - repeal
Status: repealed

26.5-5-304. Application of part - definition - repeal. (1) This part 3 does not apply to:

(a) Special schools or classes operated primarily for religious instruction or for a single skill-building purpose, as defined in department rule;

(b) A child care facility that is approved, certified, or licensed by any other state agency, or by a federal government department or agency, that has standards for operation of the facility and inspects or monitors the facility;

(c) Facilities operated in connection with a church, shopping center, or business where children are cared for during short periods of time while parents, persons in charge of such children, or employees of the church, shopping center, or business whose children are being cared for at such location are attending church services at such location or shopping, patronizing, or working on the premises of any such business;

(d) Occasional care of children that has no apparent pattern and occurs with or without compensation;

(e) The care of a child by a person in the person's private residence when the parent, guardian, or other person having legal custody of such child gives consent to such care and when the person giving such care is not regularly engaged in the business of giving such care; or

(f) (I) An individual who provides less than twenty-four-hour child care in the individual's permanent place of residence when one of the following conditions is met:

(A) The children being cared for are related to the caregiver, are children who are related to each other as siblings from a single family that is unrelated to the caregiver, or a combination of such children; or

(B) There are no more than four children being cared for, with no more than two children under two years of age from multiple families, regardless of the children's relation to the caregiver.

(II) An individual providing child care in a place of residence authorized pursuant to subsection (1)(f)(I) of this section shall notify the parents of the children in the individual's care that the individual is operating under a legal license exemption and that the state has not verified the health and safety of the care setting or performed background checks on the individual or anyone else residing in the residence.

(III) On or before July 1, 2021, and every year thereafter, the department shall report the number of complaints filed against child care providers who are claiming an exemption from licensing pursuant to subsection (1)(f)(I)(B) of this section.

(IV) This subsection (1)(f) is repealed, effective September 1, 2026.

(2) As used in this section, "short periods of time" means fewer than three hours in any twenty-four-hour period.

(3) A licensee or governing body that has had its license suspended pursuant to section 24-4-104 or has received a final agency action resulting in the revocation of a license issued pursuant to this part 3 is prohibited from operating pursuant to subsection (1) of this section, except when the children being cared for are related to the caregiver.

(4) The department shall provide education and information in an accessible manner, in plain language, and in prevalent languages on the state licensing website for child care providers who are exempt pursuant to this section but are interested in becoming a licensed child care provider.

(5) On or before December 31, 2021, and ongoing thereafter, the department shall report on the portion of its state child care provider website that is accessible to families, and in an accessible and prominent manner, the name and location of any child care provider who is operating outside the exemptions described in this section and to whom one or more cease-and-desist orders have been issued. If more than one cease-and-desist order has been issued to the same provider, the website must include the total number of such orders. This requirement for website posting for child care providers who are operating outside the exemptions described in this section must be made public by electronic means, in a consumer-friendly and easily accessible format, organized by provider, and include the date or dates of the cease-and-desist order or orders.
C.R.S. § 26.5-1-304 — CO Code / Title 26.5 / Article 1 / Part 3 / Section 26.5-1-304
26.5-1-304. Repeal of part
Status: repealed

26.5-1-304. Repeal of part. This part 3 is repealed, effective September 1, 2025. Before its repeal, the commission is subject to review in accordance with section 2-3-1203.
C.R.S. § 26.5-5-306 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-306
26.5-5-306. Substitute child care providers - substitute placement agency - licensing - rule
Status: in_force

26.5-5-306. Substitute child care providers - substitute placement agency - licensing - rules. (1) Substitute placement agencies are subject to the requirements of this part 3. The department shall license substitute placement agencies to place or facilitate or arrange for the placement of short-term and long-term substitute child care providers in licensed facilities providing less than twenty-four-hour care.

(2) The executive director shall promulgate rules for substitute placement agencies and substitute child care providers. At a minimum, the rules must require that the substitute child care provider demonstrate that the provider has the training and certification for the child care license type and position in which the substitute child care provider is placed. Pursuant to section 26.5-5-316 (1)(a)(I)(C), each substitute child care provider shall pay for and submit to a fingerprint-based criminal history record check and a review of the records and reports of child abuse or neglect maintained by the state department of human services to determine whether the substitute child care provider has been found to be responsible in a confirmed report of child abuse or neglect. When the results of a fingerprint-based criminal history record check or any other records check performed on a person pursuant to this subsection (2) reveal a record of arrest without a disposition, the department rules shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The substitute placement agency shall not place a substitute child care provider who is convicted of any of the crimes specified in section 26.5-5-309 (4) or 26.5-5-317.
C.R.S. § 26.5-3-407 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-407
26.5-3-407. Cooperation among state agencies - implementing coordinated payment system - rev
Status: in_force

26.5-3-407. Cooperation among state agencies - implementing coordinated payment system - revisions to rules. (1) The departments of education, health care policy and financing, and public health and environment shall cooperate with the department to implement the provisions of this part 4 and each department shall:

(a) Participate in the ongoing review of funding practices for early intervention services and develop or revise procedures for a coordinated system of payment for early intervention services;

(b) Use uniform forms and procedures for billing the costs of early intervention services to public medical assistance, as specified in the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the "Children's Basic Health Plan Act", article 8 of title 25.5, as appropriate, and private health insurance, as specified in part 1 of article 16 of title 10;

(c) Coordinate revisions to existing rules that are necessary to implement this part 4; and

(d) Perform other tasks and functions necessary for the implementation of this part 4.

(2) The division of insurance in the department of regulatory agencies shall provide assistance to the department related to the requirements and implementation of section 10-16-104 (1.3) and insurance laws and rules related to billing and claims handling.
C.R.S. § 26.5-3-803 — CO Code / Title 26.5 / Article 3 / Part 8 / Section 26.5-3-803
26.5-3-803. Emerging and expanding child care grant program - created - timeline and criteri
Status: repealed

26.5-3-803. Emerging and expanding child care grant program - created - timeline and criteria - grant awards - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

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

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

(c) "Child care provider" or "provider" means a child care center or a family child care home that holds an open license in good standing with the department.

(d) "Early childhood council" means an early childhood council identified or established locally in communities throughout the state pursuant to section 26.5-2-203.

(e) "Eligible entity" means a licensed child care provider that is open and operating or an applicant actively pursuing a child care provider license through the department's child care licensing and administration unit. "Eligible entity" includes family, friends, or neighbors who provide license-exempt child care pursuant to part 3 of article 5 of this title 26.5 but who are actively obtaining a license through the division within the department that is responsible for child care licensing and administration.

(f) "Expansion" means licensed child care capacity expansion, by any means, for an existing licensed child care provider.

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

(h) "Grant program" means the emerging and expanding child care grant program created in subsection (2) of this section.

(h.5) "Grant recipient" means an eligible entity that receives a grant through the grant program.

(i) "Open and operating" means a child care provider that is actively providing care for children and that has updated its operational status with the department's child care licensing and administration unit.

(2) (a) The emerging and expanding child care grant program is created in the department. The purpose of the grant program is to expand access and availability of licensed child care throughout the state.

(b) An award from the grant program may be used for costs associated with expanding an open and operating child care center or family child care home or to assist an eligible entity with start up of a new child care center or family child care home. Costs may include, but are not limited to, staff training, background check fees, cleaning supplies, educational supplies, and capital and facility improvement costs.

(3) (a) The department shall create a process for soliciting, vetting, awarding, and monitoring grants through statewide early childhood councils.

(b) To the extent practicable, early childhood councils may receive up to twenty-five percent of funding in advance in order to effectively administer grant funds and maintain business operations. The department shall offer technical assistance to applicants with their applications and grant recipients with implementation of their awards. The technical assistance may be offered to all eligible entities, as defined in subsection (1) of this section, and family, friend, and neighbor providers, as defined in section 26.5-3-808. The department may also provide a grant recipient with a separate grant for technical assistance to implement the goals of the recipient's grant.

(4) (a) The department shall develop an application process for an eligible entity to follow when requesting a grant from the grant program. The application must include the award criteria set forth in subsection (4)(c) of this section and any applicable timelines established by the department. The department shall award grants to an eligible entity based on the eligible entity's need as well as the application criteria set forth in subsection (4)(c) of this section.

(b) A grant award must range from at least three thousand dollars to no more than two hundred thousand dollars. In awarding a grant, the department shall use the applicant's existing or proposed licensed child care capacity, as well as the applicant's need, as key criteria in determining the amount of the grant award and shall prioritize making multiple smaller grant awards.

(c) In determining grant awards, the department shall consider eligible entities located in a child care desert. The department shall also consider eligible entities that have or are actively pursuing:

(I) A fiscal agreement with the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5;

(II) A commitment to engaging in quality improvement activities through the Colorado shines system, established in section 26.5-5-101;

(III) A memorandum of understanding in place with their early childhood council to ensure support from the council; and

(IV) An application to the division within the department that is responsible for child care licensing and administration and are working with their licensing specialist to determine capital or facility improvement or expansion needs and opportunities.

(d) Eligible entities that are applying for a grant award shall:

(I) Provide assurance to the department that zoning, fire, and, if applicable, health approval are underway prior to receiving grant funding; and

(II) Provide a written commitment to submit any reports required by the department to demonstrate progress toward successful licensing or expansion through the division within the department that is responsible for licensing and administration.

(5) On or before January 31, 2021, or as soon as practicable after December 7, 2020, the department shall begin the grant award process to eligible entities.

(6) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate sixteen 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 grant program. Of this amount, up to two million two hundred thousand dollars shall be made available to early childhood councils, as defined in section 26.5-2-202, in support of the grant program. The department may reimburse an early childhood council up to ten percent of the grant amount for allowable administrative costs of the grant program.

(b) Money spent pursuant to this subsection (6) 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) 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 (6) is repealed, effective September 1, 2027.
C.R.S. § 26.5-2-203 — CO Code / Title 26.5 / Article 2 / Part 2 / Section 26.5-2-203
26.5-2-203. Early childhood councils - established - rules
Status: in_force

26.5-2-203. Early childhood councils - established - rules. (1) There is established a statewide integrated system of early childhood councils to improve and sustain the availability, accessibility, capacity, and quality of early childhood services for children and families throughout the state. The councils have consistent function and structure statewide and are governed by the department with input, cooperation, and support services from the departments of human services, education, and public health and environment.

(2) The statewide system of early childhood councils consists of existing early childhood councils, renamed through this part 2 as "early childhood councils", and new councils designated and convened pursuant to this part 2, subject to available appropriations.

(3) For new councils or for existing councils or partnerships that decide to reconfigure pursuant to this part 2, the board or boards of county commissioners shall designate a convening entity, which may include but is not limited to a local resource and referral agency, a county department of human or social services, a local school district, a department of public health, or, prior to July 1, 2023, a Colorado preschool program council. The convening entity may convene a council either as part of a single county or as part of a multi-county regional network.

(4) The executive director shall determine by rule the criteria necessary for establishing a single council for an area.

(5) Nothing in this part 2 requires an existing council to reconfigure or reconvene.

(6) Nothing in this part 2 requires a county to establish an early childhood council or to be a part of a multicounty council.
C.R.S. § 26.5-3-802 — CO Code / Title 26.5 / Article 3 / Part 8 / Section 26.5-3-802
26.5-3-802. Child care sustainability grant program - created - timeline and criteria - gran
Status: in_force

26.5-3-802. Child care sustainability grant program - created - timeline and criteria - grant awards - funding - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Child care provider" means a child care center, as defined in section 26.5-5-303, or a family child care home, as defined in section 26.5-5-303, that holds an open license in good standing with the department.

(b) "Eligible entity" means a licensed child care provider or a neighborhood youth organization, as defined in section 26.5-5-303, that is open and operating.

(c) "Grant program" means the child care sustainability grant program created in subsection (2) of this section.

(d) "Open and operating" means an eligible entity that is actively providing services or care for children and that has updated its operational status with the division within the department that is responsible for child care licensing and administration.

(2) The child care sustainability grant program is created in the department. The purpose of the grant program is to address the extent to which reduced enrollment and increased costs are impacting the sustainability of licensed child care in Colorado, including licensed child care capacity and quality level. The grant program will provide financial support to eligible entities, including those that are in danger of closing.

(3) The department shall create a process for soliciting, vetting, awarding, and monitoring grants, pursuant to the sole source procurement authority specified in section 24-103-205.

(4) (a) The department shall develop a formula to allocate money from the grant program to all eligible entities. The key criteria for a grant award to an eligible entity is the eligible entity's licensed child care capacity. In determining grant awards, the department shall also take into consideration the criteria set forth in subsection (4)(b) of this section. The department is responsible for communicating important dates and the criteria for grant awards to eligible entities in the state.

(b) The department shall consider, at a minimum:

(I) Awarding grants to a wide array of eligible entities of varying types and sizes;

(II) Ensuring that the grant money goes directly to eligible entities located in a variety of regions throughout the state;

(III) Requiring that the eligible entity has provided written commitment to submit any reports required by the department;

(IV) Supporting, as much as possible, eligible entities that are not already fully supported through existing state or federal funds, such as the head start program, as defined in section 26.5-4-103; and

(V) Considering an eligible entity's quality rating through the Colorado shines system, established in section 26.5-5-101.

(5) The department shall determine grant award amounts for eligible entities as soon as possible.

(6) For the 2022-23 state fiscal year, the general assembly shall appropriate to the department fifty million dollars from federal funds for child care development funds for the purposes of implementing the grant program. The money appropriated in this subsection (6) is not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. Any money appropriated pursuant to this subsection (6) remains available for expenditure until the close of the 2023-24 state fiscal year.
C.R.S. § 26.5-3-601 — CO Code / Title 26.5 / Article 3 / Part 6 / Section 26.5-3-601
26.5-3-601. Legislative declaration
Status: in_force

26.5-3-601. Legislative declaration. (1) The general assembly finds and declares that:

(a) Young children from low-income families often struggle to achieve the same outcomes as their peers from higher-income families because they rarely have access to the same supports, particularly those supports with a focus on the development of social-emotional skills like emotion regulation, pro-social communication, and problem solving;

(b) Exposure to poverty, a stressful home environment, and delays in the development of behavioral and academic skills at a young age are strong predictors of later academic challenges, health issues, behavior problems, substance abuse, lower educational attainment, lower rates of employment, teen parenthood, and the likely recurrence of these risk factors for the next generation of children;

(c) Research demonstrates that the opportunity to support positive development experiences during early childhood using evidence-based interventions that support sensitive and responsive caregiver-child interactions are linked to children's academic and social competence; and

(d) Helping teachers and parents learn when and how to use these evidence-based interventions has demonstrated reductions in parental depression and increases in parental self-confidence; increases in positive family communication and problem solving; increases in children's appropriate cognitive problem-solving strategies and in the use of pro-social conflict management strategies with peers; reductions in conduct problems at home and conduct problems in school that often lead to suspension and expulsion; and increases in children's positive affect and cooperation, positive interactions with peers, school readiness, and engagement with school activities.

(2) (a) The general assembly finds, therefore, that it is in the best interests of the state to authorize the department to implement proven, evidence-based, two-generation prevention programs to teach teachers and parents strategies and skills to connect with all children, especially those who demonstrate challenging behaviors; to promote children's social competence; to reduce behavior problems; and to provide programming to children to help them learn problem-solving and emotion-control skills. The goals of providing these programs are to strengthen teacher-child and parent-child relationships and promote child behavioral change, including self-regulation and decreased aggressive behavior and impulsivity.

(b) The general assembly further finds that, to implement these programs efficiently and effectively and to promote successful partnerships between state agencies and the private sector, it is appropriate to divide responsibility for the programs between the department, which is responsible for financial administration of the programs, and an implementation partner, which is responsible for programmatic and clinical support, evaluation, and monitoring for the programs, and such other responsibilities as may be described in this part 6. It is the intent of the general assembly that the department and the implementation partner work collaboratively to share information as necessary to promote efficient and effective program implementation.
C.R.S. § 26.5-5-202 — CO Code / Title 26.5 / Article 5 / Part 2 / Section 26.5-5-202
26.5-5-202. Definitions
Status: in_force

26.5-5-202. Definitions. As used in this part 2, unless the context otherwise requires:

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

(2) "Colorado shines system" means the Colorado shines quality rating and improvement system established in section 26.5-5-101.

(3) "County department" means a county or district department of human or social services.

(4) "Early childhood council" means an early childhood council established pursuant to part 2 of article 2 of this title 26.5.

(5) "Early childhood education program" means a child care program licensed pursuant to part 3 of this article 5 that provides child care and education to infants and toddlers living in low-income families.

(6) "Grant program" means the Colorado infant and toddler quality and availability grant program created in section 26.5-5-203.
C.R.S. § 26.5-4-101 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-101
26.5-4-101. Short title
Status: in_force

26.5-4-101. Short title. The short title of this part 1 is the "Colorado Child Care Assistance Program Act".
C.R.S. § 26.5-3-302 — CO Code / Title 26.5 / Article 3 / Part 3 / Section 26.5-3-302
26.5-3-302. Child care services and substance use disorder treatment pilot program - created
Status: in_force

26.5-3-302. Child care services and substance use disorder treatment pilot program - created - purposes - eligibility - evaluation - funding - rules. (1) (a) There is created in the department the child care services and substance use disorder treatment pilot program. The department shall administer the pilot program as a two-generation initiative. The purpose of the pilot program is to:

(I) Provide grants to enhance the existing child care resource and referral programs to provide increased child care navigation capacity in one rural pilot program site and one urban pilot program site to serve pregnant and parenting women seeking or participating in substance use disorder treatment; and

(II) Provide a grant to enhance the capacity of the existing child care resource and referral program's centralized call center to serve pregnant and parenting women seeking or participating in substance use disorder treatment; and

(III) Provide implementation grants to pilot a regional mobile child care model that is licensed in compliance with part 3 of article 5 of this title 26.5 or as defined in section 26.5-5-303 and that serves children under five years of age in at least three facilities that provide substance use disorder treatment to parenting women. Applicants for mobile child care pilot grants must demonstrate a commitment of sources of private money for mobile child care to ensure that the mobile child care pilot model is an initiative of a public-private partnership. The mobile child care pilot model may be expanded to serve additional ages or additional regions using gifts, grants, or donations from private or public sources that the department may seek, accept, and expend.

(b) The department shall ensure that there is adequate training, cross-training, technical assistance, data collection, and evaluation for grants awarded pursuant to subsections (1)(a)(I), (1)(a)(II), and (1)(a)(III) of this section.

(2) The department shall determine the eligibility and selection criteria for pilot program grants. The department may promulgate rules, as necessary, to implement the pilot program.

(3) (a) A pilot program grantee may use the grant money for improved technology, supplies, and materials to implement the pilot program; to hire staff for pilot program oversight and implementation; and for pilot program evaluation.

(b) On or before June 30, 2028, the department shall provide to the health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, any completed pilot program evaluations pursuant to subsection (3)(a) of this section, as well as a summary of the pilot program, including grants awarded and the outcome of the grants.

(c) On or before August 30, 2024, and on or before August 30 of each year thereafter for the following three years, the department shall report to the health and human services committee of the house of representatives and the health and human services committee of the senate, or their successor committees, on the pilot program, including the grants awarded, the number of children, families, and caregivers served, and a recommendation for the future implementation of the program.

(4) (a) The department may use a portion of any money appropriated for the pilot program to pay the direct and indirect costs incurred to administer the pilot program, not to exceed ten percent of the appropriation.

(b) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 3. The department shall transmit all money received for the pilot program through gifts, grants, or donations to the state treasurer.
C.R.S. § 26.5-4-102 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-102
26.5-4-102. Legislative declaration
Status: in_force

26.5-4-102. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) The state's policies in connection with the provision of child care assistance and the effective delivery of such assistance are critical to the ultimate success of any welfare reform program;

(b) Children in low-income families who receive services through a child care assistance program need and deserve the same access to a broad range of child care providers as do children in families who do not need assistance;

(c) It is critical to provide low- to moderate-income families with access to high-quality, affordable child care that fosters healthy child development and school readiness, while at the same time promotes family self-sufficiency and attachment to the workforce; and

(d) Individual counties play a vital role in administering the child care assistance program and have local knowledge of their individual community needs.

(2) Therefore, the general assembly hereby finds and declares that it is in the best interests of the state to:

(a) Adopt the Colorado child care assistance program set forth in this part 1;

(b) Adopt a consistent, statewide plan for child care provider reimbursement rates with a goal of payment rates that adequately cover the cost of quality child care to facilitate and increase access to high-quality child care for low-income families;

(c) Achieve parity across counties in the state with regard to the CCCAP program and funding allocation.
C.R.S. § 26.5-2-206 — CO Code / Title 26.5 / Article 2 / Part 2 / Section 26.5-2-206
26.5-2-206. Early childhood councils - duties
Status: in_force

26.5-2-206. Early childhood councils - duties. (1) Each early childhood council has, at a minimum, the following duties and functions:

(a) To apply for early childhood funding pursuant to section 26.5-2-207;

(b) To increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for children five years of age or younger and their parents. To this end, each council shall develop and execute strategic plans to respond to local needs and conditions.

(c) To establish a local system of accountability to measure local progress based on the needs and goals set for program performance;

(d) To report annually the results of the accountability measurements defined in subsection (1)(c) of this section;

(e) To select a fiscal agent to disburse funds and serve as the employer of the council director, once hired. The fiscal agent may or may not be a county.

(f) To develop and implement a strategic plan as described in section 26.5-2-204 (4), including a comprehensive evaluation and report; and

(g) To actively attempt to inform and include small or under-represented early childhood service providers in early childhood council activities and functions.
C.R.S. § 26.5-3-408 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-408
26.5-3-408. Certified early intervention service brokers - duties - payment for early interv
Status: repealed

26.5-3-408. Certified early intervention service brokers - duties - payment for early intervention services - fees. (1) (a) Repealed.

(b) On and after July 1, 2024, for each defined service area in the state, the certified early intervention service broker for the area shall:

(I) Establish a registry of qualified early intervention service providers to provide early intervention services to eligible children in the defined service area. The certified early intervention service broker for a defined service area may provide early intervention services directly or may subcontract the provision of services to other qualified providers on the registry.

(II) Accept and process claims for reimbursement for early intervention services provided pursuant to this part 4 by qualified providers;

(III) Negotiate for the payment of early intervention services provided to eligible children in the defined service area by qualified providers, to the extent permissible under federal law; and

(IV) Ensure payment to a qualified provider for early intervention services rendered by the qualified provider.

(2) Certified early intervention service brokers shall use procedures and forms determined by the department to document the provision or purchase of early intervention services on behalf of eligible children. Invoices or insurance claims for early intervention services must be submitted based on the available funding source for each eligible child and the reimbursement rate for the appropriate federal, state, local, or private funding sources, including public medical assistance and private health insurance.

(3) The department shall establish a schedule of fees to be charged by certified early intervention service brokers for providing broker services pursuant to this part 4. In developing the fee schedule, the department shall obtain input from certified early intervention service brokers and shall consider the duties of brokers pursuant to this part 4, the expenses incurred by brokers, and the relevant market conditions.

(4) Use of a certified early intervention broker is voluntary; except that private health insurance carriers that are included pursuant to section 10-16-104 (1.3) are required to make payment in trust pursuant to section 26.5-3-409. Nothing in this part 4 prohibits a qualified provider of early intervention services from directly billing the appropriate program of public medical assistance or a participating provider, as defined in section 10-16-102 (46), or from directly billing a private health insurance carrier for services rendered pursuant to this part 4 for insurance plans that are not included pursuant to section 10-16-104 (1.3).

(5) To the extent requested by the department, certified early intervention service brokers shall participate in ongoing reviews of funding practices for early intervention services and the development or revision of procedures for a coordinated system of payment for early intervention services.
C.R.S. § 26.5-5-331 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-331
26.5-5-331. Outdoor nature-based preschool programs - child care centers - rules - definitio
Status: in_force

26.5-5-331. Outdoor nature-based preschool programs - child care centers - rules - definition. (1) No later than December 31, 2025, the executive director shall promulgate rules for child care centers that operate as outdoor nature-based preschool programs. Rules promulgated pursuant to this section must include, but are not limited to:

(a) Land-use agreement requirements for outdoor programs operating on public or private land;

(b) Policies for site-specific alternative shelter plans. An alternative shelter may include, but need not be limited to, a covered pavilion, building, tarp, or vehicle. For emergency circumstances, outdoor programs are not required to seek alternative shelter in licensed child care center buildings.

(c) Policies for site-specific risk mitigation plans;

(d) Policies for site-specific emergency and disaster preparedness plans;

(e) Policies for site-specific evacuation plans; and

(f) Policies and procedures for outdoor programs to opt out of certain department requirements through the site-specific risk mitigation plan described in subsection (1)(c) of this section. The policies and procedures must include guidance on the departmental evaluation and approval of the site-specific risk mitigation plan based on the geographic location of the outdoor program, the ages of the children participating, and the ability of the outdoor program to demonstrate adequate safety measures to protect children.

(2) (a) The department shall provide training to licensing staff who oversee site inspections for outdoor programs. The training must include information on how to:

(I) Interpret site-specific plans;

(II) Conduct inspections of site-specific outdoor programs;

(III) Communicate with local fire departments that inspect outdoor programs; and

(IV) Communicate with the department of public health and environment staff who inspect outdoor programs.

(b) Beginning December 1, 2026, the department shall provide training to outdoor program operators and staff on how to implement and operate outdoor programs in Colorado. The department shall collaborate with existing outdoor programs to create and implement the training using a benefit-risk assessment.

(3) The department shall collaborate with:

(a) Local fire departments on fire prevention and protection requirements for outdoor programs; and

(b) The department of public health and environment on sanitary standards for outdoor programs.

(4) For the 2024-25 fiscal year, and each fiscal year thereafter through the 2026-27 fiscal year, the general assembly shall appropriate thirty thousand dollars from the child care licensing cash fund created in section 26.5-5-311 (4) to the department to implement the outdoor programs.

(5) As used in this section, unless the context otherwise requires, "benefit-risk assessment" means a process to identify hazards and risks for play elements in outdoor nature-based preschool programs and the creation of a plan to mitigate a child's risk of injury while maintaining developmental benefits for children.
C.R.S. § 26.5-1-103 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-103
26.5-1-103. Definitions
Status: in_force

26.5-1-103. Definitions. As used in this title 26.5, unless the context otherwise requires:

(1) "Department" means the department of early childhood created in section 26.5-1-104.

(2) "Department rule" means a rule promulgated by the executive director as authorized in section 26.5-1-105.

(3) "Executive director" means the executive director of the department of early childhood.

(4) "Local coordinating organization" means the entity selected by the department pursuant to section 26.5-2-103 to implement a community plan for increasing access to, coordinating, and allocating funding for early childhood and family support programs and services within a specified community.

(5) "Rules advisory council" or "council" means the council convened by the executive director pursuant to section 26.5-1-105.
C.R.S. § 26.5-2-103 — CO Code / Title 26.5 / Article 2 / Part 1 / Section 26.5-2-103
26.5-2-103. Local coordinating organization - applications - selection - rules
Status: in_force

26.5-2-103. Local coordinating organization - applications - selection - rules. (1) The department shall solicit applications from local public entities and Colorado-based nonprofit organizations to serve as local coordinating organizations in communities throughout the state. Entities that may submit applications include, but are not limited to, county or municipal government agencies, school districts, boards of cooperative services, early childhood councils, family resource centers, special taxing districts, head start grantees, local nonprofit organizations, charter school networks and collaboratives, and other public institutions. Entities may apply singly or in partnership with other entities within the community. The solicitation and selection of entities to serve as local coordinating organizations are not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24.

(2) An entity that seeks to serve as a local coordinating organization must apply to the department in accordance with department rules, if any, procedures, and timelines. At a minimum, the application must include:

(a) The proposed boundaries of the community within which the applicant would serve as the local coordinating organization for early childhood and family support programs and services provided to children and families within the community. The department may require, and shall work with the applicant to ensure, that the applicant's proposed boundaries align with one or more areas that the department identifies as a community. In identifying communities and establishing community boundaries throughout the state, the department shall ensure that a school district is not included in more than one community without the prior approval of the school district board of education expressed in an approved board resolution.

(b) Evidence that the applicant has the support of the local early childhood community in applying to serve as the local coordinating organization, which must include the support of families, providers, early childhood councils, local and tribal agencies, school districts, charter schools, and local governments within the community;

(c) The applicant's plan to coordinate with, at a minimum, the following entities within the proposed community:

(I) Administrative units, as defined in section 22-20-103, which remain responsible for overseeing implementation of the part B component of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended;

(II) Early childhood councils;

(III) Head start agencies;

(IV) Family resource centers, as defined in section 26.5-3-102; and

(V) County departments of human or social services in providing child care services through the Colorado child care assistance program established in part 1 of article 4 of this title 26.5 and other family support programs and services;

(d) The applicant's proposed operating model for meeting the duties and responsibilities of a local coordinating organization, including, at a minimum, the applicant's personnel capacity and a proposed budget that reflects the anticipated operating and overhead costs and sources of funding; and

(e) If the applicant is a preschool provider, the applicant's plan for ensuring that serving as the local coordinating organization does not result in an unfair advantage to the applicant with regard to allocations of preschool funding generally or in coordinating with the other preschool providers in the community to ensure the availability of a mixed delivery system and the allocation of funding among preschool providers based on parent choice.

(3) An applicant may include in the application a proposal for shared responsibility with the department for distributing and administering public funding within the community, in which case the applicant must include in the application the applicant's history of and experience with distributing and administering public funding.

(4) The department, in accordance with department rules, if any, and procedures, shall review each application received pursuant to this section and select local coordinating organizations for communities throughout the state, ensuring that, to the extent possible, every family in the state resides within a community for which a local coordinating organization is selected. In selecting local coordinating organizations from among the applications received, the department shall, at a minimum, evaluate:

(a) The applicant's capacity to support families in applying for applicable early childhood and family support programs and services;

(b) The applicant's capacity to equitably recruit preschool providers to participate in the Colorado universal preschool program and provide preschool services through a mixed delivery system that, to the fullest extent practicable, accommodates parent choice;

(c) The demonstrated level of support for the applicant within the local early childhood community, the feasibility and quality of the applicant's plan to coordinate with other entities within the proposed community, and the applicant's history, if any, of coordinating with those entities; and

(d) The quality and efficiency of the applicant's proposed operating model and the likelihood that the applicant will have the capacity, experience, and support to successfully fulfill the responsibilities and duties of a local coordinating organization.

(5) The executive director may promulgate rules and the department shall adopt procedures and timelines as necessary to implement this part 1, including adopting a process for receiving and reviewing applications that results in the initial selection of local coordinating organizations as soon as practicable after April 25, 2022. The department shall enter into a coordinator agreement with each local coordinating organization in accordance with section 26.5-2-105. Before the termination or conclusion of a coordinator agreement, the department shall solicit applications for a local coordinating organization for the affected community pursuant to this section and may re-select the same entity to serve as a local coordinating organization.
C.R.S. § 26.5-4-207 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-207
26.5-4-207. Preschool program evaluation and improvement process - independent evaluator
Status: in_force

26.5-4-207. Preschool program evaluation and improvement process - independent evaluator. (1) The department shall develop and implement a process for continuous evaluation and improvement of preschool providers who participate in the Colorado universal preschool program. At a minimum, the process must include a requirement that preschool providers use assessment and continuous improvement strategies that:

(a) Are implemented through a coordinated system that includes the quality standards established in department rule; curriculum; professional development; developmentally appropriate, age-appropriate, and whole-child assessment that may be based on observational assessments of children's development and classroom-based teacher-child interactions; and data collection;

(b) Support both continuous program improvement and the department's independent evaluation of the preschool program as provided in subsection (2) of this section;

(c) Are designed to inform curriculum implementation, professional development, teacher supports, and resource allocation; and

(d) Are appropriate for use with young children and for the purposes for which they are used.

(2) The department shall contract with an independent evaluator to measure the success of the Colorado universal preschool program in improving the overall learning and school readiness of children who receive preschool services through the preschool program. In evaluating the success of the preschool program, the department shall ensure the independent evaluator has access to the necessary data to measure immediate and long-term child outcomes and to provide recommendations to improve teaching and learning, assess professional development inputs and outcomes, and improve teacher-child interactions. The department shall take into account the evaluations and recommendations of the independent evaluator in implementing the process for continuous evaluation and improvement described in subsection (1) of this section.

(3) The department shall communicate the evaluations and recommendations of the independent evaluator to families, communities, preschool providers, local coordinating organizations, the state board of education, and the general assembly, as appropriate, to inform and improve early childhood teaching and education and policy-making related to early childhood education.

(4) The department shall take into account the evaluations and recommendations of the independent evaluator in reviewing and revising the preschool quality standards pursuant to section 26.5-4-205; the plan for recruiting, training, and retaining a high-quality early childhood workforce pursuant to section 26.5-6-101; and the state goals for implementing the preschool program.
C.R.S. § 26.5-5-203 — CO Code / Title 26.5 / Article 5 / Part 2 / Section 26.5-5-203
26.5-5-203. Colorado infant and toddler quality and availability grant program - creation
Status: in_force

26.5-5-203. Colorado infant and toddler quality and availability grant program - creation. Subject to available appropriations, there is created in the department the Colorado infant and toddler quality and availability grant program. Grants are awarded through the Colorado shines system to improve quality in licensed infant and toddler care and increase the number of low-income infants and toddlers served through high-quality early childhood education programs, as well as promote voluntary family partnerships, as determined for the Colorado shines system. A program is considered "high quality" if it is rated in the top three levels of the state's Colorado shines system. Early childhood councils may apply for money through the department, which administers the program as part of the Colorado shines system. An early childhood education program that is within the service area of an early childhood council may apply to the early childhood council for money that would allow the program to increase the number of infants and toddlers living in low-income families served through high-quality early childhood education programs.
C.R.S. § 26.5-5-328 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-328
26.5-5-328. Applications for licenses
Status: repealed

26.5-5-328. Applications for licenses. (1) Every application by an individual for a license issued by the department or any authorized agent of the department must require the applicant's name, address, and social security number or tax identification number.

(2) to (4) Repealed.
C.R.S. § 26.5-4-117 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-117
26.5-4-117. Locating violators - recoveries
Status: in_force

26.5-4-117. Locating violators - recoveries. (1) The executive director or district attorneys may request and receive from departments, boards, bureaus, or other agencies of the state or any of its political subdivisions, and the same are required to provide, such assistance and data as will enable the department and county departments properly to carry out their powers and duties to locate and prosecute any person who fraudulently obtains child care assistance pursuant to this part 1. Any records established pursuant to the provisions of this section are available only to the department, the county departments, the attorney general, and the district attorneys, county attorneys, and courts having jurisdiction in fraud or recovery proceedings or actions.

(2) All departments and agencies of the state and local governments shall cooperate in the location and prosecution of a person who fraudulently obtains child care assistance pursuant to this part 1, and, on request of the county or district board of human or social services, the county director, the department, or the district attorney of any judicial district in this state, shall supply all information on hand relative to the location, employment, income, and property of said persons, notwithstanding any other provision of law making the information confidential, except the laws pertaining to confidentiality of tax returns filed pursuant to law with the department of revenue. The department of revenue shall furnish at no cost to inquiring departments and agencies such information as may be necessary to effectuate the purposes of this part 1. The executive director shall, by rule, establish the procedures whereby this information is requested and provided. The department or county departments shall use such information only for the purposes of administering the Colorado child care assistance program pursuant to this part 1, and a district attorney shall use it only for the prosecution of persons who fraudulently obtain child care assistance pursuant to this part 1, and shall not use the information, or disclose it, for any other purpose.

(3) A district attorney shall bill the actual costs and expenses incurred by the district attorney's office in carrying out the provisions of subsection (2) of this section to counties or a county within the judicial district in the proportions specified in section 20-1-302. Each county shall make an annual accounting to the department on all amounts recovered.
C.R.S. § 26.5-3-807 — CO Code / Title 26.5 / Article 3 / Part 8 / Section 26.5-3-807
26.5-3-807. Community innovation and resilience for care and learning equity (CIRCLE) grant
Status: in_force

26.5-3-807. Community innovation and resilience for care and learning equity (CIRCLE) grant program - created - criteria - definitions. (1) As used in this section, unless the context otherwise requires:

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

(b) "Eligible entity" includes any one of the following:

(I) A child care center or family child care home that is eligible to receive federal child care and development block grant funding pursuant to 42 U.S.C. sec. 9858;

(II) A local early childhood council, as defined in section 26.5-2-202; or

(III) Any other community-based or education-based entity or government agency approved by the department and that proposes grant activities described in subsection (2) of this section.

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

(d) "Grant program" means the community innovation and resilience for care and learning equity (CIRCLE) grant program created in subsection (2) of this section.

(2) There is created in the department the community innovation and resilience for care and learning equity (CIRCLE) grant program. The purpose of the grant program is to address systemic challenges for early care and learning providers that have worsened as a result of the economic, social, and health impacts of the COVID-19 public health emergency and to promote innovation to improve outcomes for children and families.

(3) An eligible entity may apply for a grant from the grant program for the following purposes:

(a) Improving the affordability of child care for families whose children are not served by the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5, including, but not limited to, any of the following approaches:

(I) Tuition subsidies or scholarships;

(II) Developing public-private partnerships; or

(III) Employer-based cost-sharing approaches;

(b) Increasing access to child care for children from birth to three years of age;

(c) Strengthening business practices of child care programs;

(d) Ensuring equitable access for children, including children with special needs and dual-language learner children; or

(e) Other approaches to improve early childhood transitions, workforce preparation, affordability, outcomes, or innovative practices.

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

(a) A description of the activities for which the eligible entity will use the grant money;

(b) A description of any partnerships that an eligible entity intends to establish to carry out its grant activities;

(c) A description of how the activities listed in subsection (4)(a) of this section will achieve the purposes of the grant program; and

(d) A detailed budget to carry out the activities listed in subsection (4)(a) of this section.
C.R.S. § 26.5-5-305 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-305
26.5-5-305. Public preschool provider - licensing - rules
Status: in_force

26.5-5-305. Public preschool provider - licensing - rules. Public preschool providers are subject to the requirements of this part 3. Because of the unique circumstances presented by preschool classrooms provided by school districts and charter schools, which circumstances do not arise in classrooms for older children and youth, the department shall license public preschool providers only to protect the health and safety of children in public preschool classrooms. Notwithstanding any provision of this part 3 to the contrary, licensing for public preschool providers must focus only on those aspects of the preschool program and environment that affect children's health and safety and are not already actively regulated by other federal or state agencies or departments. The department shall align any requirements for the license related to qualifications or credentialing of program staff with the requirements for an early childhood endorsement for a license issued by the department of education pursuant to article 60.5 of title 22.
C.R.S. § 26.5-2-202 — CO Code / Title 26.5 / Article 2 / Part 2 / Section 26.5-2-202
26.5-2-202. Definitions
Status: in_force

26.5-2-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Council" or "early childhood council" means an early childhood council identified or established locally in communities throughout the state pursuant to section 26.5-2-203 or 26.5-5-102 for the purpose of developing and ultimately implementing a comprehensive system of early childhood services to ensure the school readiness of children five years of age or younger in the community.

(2) "County department" means the county or district department of human or social services.

(3) "Early childhood education program" means a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that provides child care and education to children five years of age or younger.
C.R.S. § 26.5-4-401 — CO Code / Title 26.5 / Article 4 / Part 4 / Section 26.5-4-401
26.5-4-401. Definitions
Status: in_force

26.5-4-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Abuse" means physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.

(2) "Coach" means a person employed or volunteering as a coach, manager, or supervisor of a youth athletic activity but does not include occasional assistance with or support of the youth athletic activity by a person, including the action of other volunteers or employees of the youth sports organization in a passing, general, or nominal manner.

(3) (a) "Youth sports organization" means a private for-profit or not-for-profit organization that, as part of its core function, provides persons who are less than eighteen years of age the opportunity to participate in scheduled competitive or recreational sporting activities, whether individually or as a team, but does not include a sporting activity that is incidental to a nonathletic program or lesson.

(b) "Youth sports organization" does not include:

(I) A neighborhood youth organization, as defined in section 26.5-5-303;

(II) A public or private school serving any of grades kindergarten through twelve;

(III) A licensed child-care facility;

(IV) A public or private institution of higher education; or

(V) An organization that merely provides the opportunity to participate in an unsupervised, unscheduled competitive or recreational sporting event on a walk-in basis.
C.R.S. § 26.5-5-313 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-313
26.5-5-313. Applications - materials waivers - appeals - rules
Status: in_force

26.5-5-313. Applications - materials waivers - appeals - rules. (1) A child care center that is subject to the licensing requirements of this part 3 is also subject to the provisions of this section.

(2) (a) The department shall make available to licensed child care centers and include with every application form for licensure information concerning the manner in which a child care center may apply for a waiver to use certain materials in its program and curriculum. The waiver request must be included in a center's application for licensure or, in the case of a licensed child care center, may be submitted at any time.

(b) A child care center seeking a waiver for the use of certain materials must adopt a policy that:

(I) Ensures that instructors in the child care center are trained in the use of the materials in a way that provides reasonable safety provisions for use by children; and

(II) Requires parental notification of the use of the materials in the child care center and the potential safety risks associated with the materials. The policy must require the child care center to obtain signed parental consent forms acknowledging awareness of the risks in using the materials in the child care center.

(3) If a licensed child care center receives notice of a violation pursuant to this part 3, information concerning the waiver and appeal process described in this section must be included in the notification to the child care center.

(4) The executive director shall promulgate rules for the implementation of this section, including:

(a) The requirements for the granting of a waiver request, including the requirement that the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request;

(b) The requirements for the denial of a waiver request, including the requirement that the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request; and

(c) The process by which a child care center may appeal a denial of a waiver request, which process must, at a minimum, provide that:

(I) Upon the receipt of a denial of a waiver request, a child care center has up to forty-five calendar days to appeal the denial decision to the department;

(II) The department shall act upon the appeal within forty-five calendar days;

(III) The department shall provide notice of its decision on the appeal within ten calendar days after its decision to the appealing child care center; and

(IV) The appealing child care center has the right to meet in person with department personnel concerning the appeal.

(5) Whenever practicable, the department shall use the same inspector for:

(a) Multiple visits to a single child care center seeking a waiver pursuant to this section; or

(b) Multiple visits to two or more individually licensed child care centers that are wholly owned, operated, and controlled by a common ownership group.

(6) The department shall not post a denial of a waiver made pursuant to this section on its website until the appeal is final.
C.R.S. § 26.5-3-801 — CO Code / Title 26.5 / Article 3 / Part 8 / Section 26.5-3-801
26.5-3-801. Legislative declaration
Status: in_force

26.5-3-801. Legislative declaration. (1) The general assembly finds and declares that:

(a) Colorado's economic recovery depends on its workforce having access to stable, high-quality, and affordable child care. Supporting the ability of Colorado's workforce to return to work during and after the COVID-19 public health emergency is estimated to have an economic enabling effect of more than four billion four hundred million dollars in income.

(b) The COVID-19 public health emergency has significantly impacted Colorado's child care sector by reducing child care provider revenues while at the same time increasing expenses. Child care provider operating costs have increased to include additional daily cleaning, daily health monitoring, supplying personal protective equipment for child care workers, and lower staff-to-child ratios to allow for sufficient physical distancing.

(c) In Colorado, this additional cost burden has forced ten percent of the state's child care providers to close their doors since March 2020. Almost three-quarters of all child care providers indicate they have or will engage in layoffs, furloughs, or pay cuts. For minority-owned or operated child care providers, this figure is even higher. More than twenty-five percent of existing child care providers report that closure is imminent without some kind of financial intervention.

(d) Child care providers generate revenue primarily through enrollment and tuition fees and the business model depends on full enrollment;

(e) At every stage of the COVID-19 public health emergency, parents have been faced with the difficult choice to pull their children from child care, either due to health concerns or because the economic recession has impacted their ability to afford it. Statewide, enrollment in child care for children less than five years of age has decreased by thirty-nine percent since the COVID-19 public health emergency began.

(f) Colorado faces other ongoing threats to the child care sector's sustainability, including high turnover and low pay in the child care profession, as well as the prohibitively expensive cost of opening and operating a child care program;

(g) More than half of Coloradans live in a "child care desert", where there are more than three children less than five years of age for each single available child care opening. Some rural areas completely lack licensed child care providers. Statewide, Colorado faces a dramatic shortage of at least thirty-nine thousand spots for infants and toddlers.

(h) Most child care in Colorado is owned or operated by women, and more than forty percent of our child care workforce is composed of women of color. Furthermore, throughout the COVID-19 public health emergency, women of color have been more likely to be on the front lines as essential workers and are more likely to lose their jobs.

(i) Despite women's steadily increasing labor participation rates and earning trajectories over the past twenty-five years, the COVID-19 public health emergency threatens to set back a generation of progress. When women exit the workforce, they face more barriers than men do to return, and their future earning potential and path to retirement security suffers.

(j) Women have been disproportionately impacted by the COVID-19 public health emergency: Almost one hundred seventy-nine thousand women left Colorado's labor force between February and May 2020, compared to eighty-eight thousand men. Nationally, four times as many women as men dropped out of the labor force in September 2020 alone. The impact of this trend on the United States' economy and the well-being of women and families is estimated to amount to approximately sixty-four million five hundred thousand dollars in lost income and economic activity.

(2) (a) Therefore, the general assembly finds it is a matter of statewide concern that we take immediate action to save and protect our child care infrastructure, including offering a wide range of child care options, including but not limited to public and private child care centers, day care centers, school-age child care centers, before- and after-school programs, nursery schools, kindergartens, preschools, church day care centers, day camps, summer camps, facilities for children with intellectual and developmental disabilities, and other facilities described in section 26.5-5-303. Supporting this mixed delivery of child care enables the state to invest in its children's futures, advance gender equity in the home and the workplace, and rebuild an economy that works for all Coloradans. When Colorado families have access to child care, everyone benefits.

(b) The general assembly further finds that, to assist the state's workforce in returning to work and maintaining employment without facing the difficult choice between working and accessing quality child care, it is critical that the state allocate and quickly distribute funding to existing and new child care providers throughout the state and that such actions constitute critical government services.
C.R.S. § 26.5-4-104 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-104
26.5-4-104. Colorado child care assistance program - department authority - cooperation with
Status: in_force

26.5-4-104. Colorado child care assistance program - department authority - cooperation with federal government - acceptance and administration of money. (1) The department is the sole state agency for administering the state plan for the Colorado child care assistance program. The department, under the supervision of the executive director, shall administer and supervise the Colorado child care assistance program, which program is declared to be a state as well as a county purpose.

(2) (a) The department may accept on behalf of the state of Colorado the provisions and benefits of acts of congress designed to provide money or other property for the Colorado child care assistance program, which money or other property is designated for purposes within the function of the department, and may accept on behalf of the state any offers that have been or may from time to time be made of money or other property by any persons, agencies, or entities for the Colorado child care assistance program, which money or other property is designated for purposes within the function of the department; except that, unless otherwise expressly provided by law, the department shall not accept said money or other property unless the department has recommended acceptance to and received the written approval of the governor and the attorney general. Approval of the governor and the attorney general authorizes the acceptance of the money or property in accordance with the restrictions and conditions and for the purposes for which the money or property is intended.

(b) The state treasurer is designated as ex officio custodian of all money that the department receives pursuant to this subsection (2) from the federal government and from any other source for which the approval required in subsection (2)(a) of this section is obtained.

(c) The state treasurer shall hold money received pursuant to this subsection (2) separate and distinct from state money and is authorized to make disbursements of the money for the designated purpose or for administrative costs, which may be provided in grants, upon warrants issued by the state controller upon the voucher of the department.

(3) The department shall cooperate with the federal department of health and human services and other federal agencies in any reasonable manner, in conformity with the laws of this state, which may be necessary to qualify for federal aid, including the preparation of state plans, the making of reports in such form and containing such information as a federal agency may from time to time require, and the compliance with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of the reports.

(4) In administering money appropriated or made available to the department for the Colorado child care assistance program, the department is authorized to:

(a) Require as a condition for receiving grants-in-aid that each county in this state bear the proportion of the total expense of furnishing child care assistance as is fixed by law;

(b) Terminate grants-in-aid to a county of this state if the county does not comply with the laws and rules providing the grants-in-aid and the minimum standards prescribed by department rules;

(c) Undertake immediately the administration of child care assistance within a county of this state that has had any or all of its grants-in-aid terminated pursuant to subsection (4)(b) of this section; except that the county shall continue to meet the requirements of subsection (4)(a) of this section;

(d) Recover any money owed by a county to the state by reducing the amount of any payments due from the state in connection with CCCAP; and

(e) Take any other action that may be necessary or desirable for carrying out the provisions of this part 1.
C.R.S. § 26.5-3-903 — CO Code / Title 26.5 / Article 3 / Part 9 / Section 26.5-3-903
26.5-3-903. Family-strengthening grant programs - authorized requirements - implementation p
Status: in_force

26.5-3-903. Family-strengthening grant programs - authorized requirements - implementation partner - rules. (1) The department is authorized to operate grant programs to support local providers in delivering high-quality, voluntary, family-strengthening support services using home visiting strategies that are designed to overcome the access barriers often created by traditional delivery strategies. The executive director may promulgate rules as necessary to implement grant programs as authorized in this section.

(2) Any grant programs that the department operates pursuant to this section must be designed to award grants to family support services providers that provide a continuum of high-quality, voluntary, family-strengthening support services that:

(a) Serve families at some point during the period that extends from pregnancy through the child's enrollment in early elementary school grades;

(b) Are evidence-based and have demonstrated significant positive outcomes in one or more of the following areas:

(I) Child development and school readiness;

(II) Family economic self-sufficiency;

(III) Maternal and child health;

(IV) Reductions in child maltreatment;

(V) Family linkages and referrals to resources; and

(VI) Positive parenting practices; and

(c) Are delivered using a home visiting strategy to provide family services that is based on a national model for home visiting services or has been otherwise proven effective in overcoming barriers to accessing services.

(3) In implementing a family-strengthening grant program pursuant to this section, the department shall contract with an implementation partner. If a grant program is based on a national model for delivering family-strengthening services, the department shall contract with a local public or private entity that is certified, or otherwise authorized, to lead in implementing the national model in the state, to act as the implementation partner. If a grant program is not based on a national model, the department shall issue a request for proposals to select an implementation partner. The public or private entity that the department selects must, at a minimum, have demonstrated experience and expertise with home visiting and the types of family-strengthening services that meet the purpose of the grant program. The duties of an implementation partner may be established by department rule and may vary based on the purpose of a particular grant program, but must, at a minimum, include:

(a) Assisting the department in reviewing applications and selecting grantees; and

(b) Working with applicants to complete a community readiness assessment when needed.

(4) This part 9 does not apply to nor affect implementation of the "Colorado Nurse Home Visitor Program Act", part 5 of this article 3.
C.R.S. § 26.5-5-301 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-301
26.5-5-301. Short title
Status: in_force

26.5-5-301. Short title. The short title of this part 3 is the "Child Care Licensing Act".
C.R.S. § 26.5-3-705 — CO Code / Title 26.5 / Article 3 / Part 7 / Section 26.5-3-705
26.5-3-705. Statewide qualifications and competencies for early childhood mental health cons
Status: in_force

26.5-3-705. Statewide qualifications and competencies for early childhood mental health consultants. The department shall ensure that each mental health consultant funded through the program meets the qualifications and competencies outlined in the program as designed and developed pursuant to this part 7.
C.R.S. § 26.5-2-205 — CO Code / Title 26.5 / Article 2 / Part 2 / Section 26.5-2-205
26.5-2-205. Early childhood councils - membership
Status: in_force

26.5-2-205. Early childhood councils - membership. (1) To the extent practicable, each council must be representative of the various public and private stakeholders in the local community who are committed to supporting the well-being of children five years of age or younger.

(2) For the purposes of this part 2, each council, whether newly established in a community or newly identified to serve as a council, shall work toward consolidating and coordinating funding, including the school-readiness quality improvement funding described in section 26.5-5-102. Together, the councils throughout the state shall serve to create a seamless system of early childhood services representing collaboration among the various public and private stakeholders for the effective delivery of early childhood services to children five years of age or younger in a manner that is responsive to local needs and conditions.

(3) (a) Each new council consists of members to be approved initially by the convening entity as designated pursuant to section 26.5-2-203. Each individual council shall determine subsequent appointments and rules for rotation of terms.

(b) Early childhood council membership must include representatives from the public and private stakeholders from early care and education, family support, health, and mental health programs who reflect local needs and cultural diversity. The membership of each early childhood council must also represent the geographic diversity within the county or counties involved in the council. Each council must include a minimum of ten members with representation from each of the following stakeholder groups within the council's service area:

(I) Local government, including but not limited to county commissioners, city council members, local school district board members, and local county departments of human or social services;

(II) Early care and education, including but not limited to licensed and legally exempt child care providers, head start grantees, and district preschool programs operating pursuant to article 28 of title 22, as it existed prior to July 1, 2023;

(III) Health care, including but not limited to local public health agencies; health-care providers; supplemental food programs for women, infants, and children as provided for in 42 U.S.C. sec. 1786; early periodic screening and diagnosis and treatment programs as required by federal law; and part B and part C of the federal "Individuals with Disabilities Education Improvement Act of 2004", 20 U.S.C. sec. 1400 et seq., as amended;

(IV) Parents of children five years of age or younger;

(V) Mental health care, including but not limited to community mental health centers and local mental health-care providers;

(VI) Resource and referral agencies, including but not limited to child care resource and referral agencies; and

(VII) Family support and parent education, including but not limited to home visitation programs, family resource centers, and income assistance programs.

(c) In addition, each council may include, but is not limited to, representation from any combination of the following stakeholder groups within the council's service area:

(I) Child care associations;

(II) Medical and dental professionals;

(III) School district parent organizations;

(IV) Head start policy councils;

(V) A chamber or chambers of commerce;

(VI) Local businesses;

(VII) Faith-based and nonprofit organizations;

(VIII) Higher education institutions; and

(IX) Libraries.

(4) Each member of a council shall sign a memorandum of understanding on behalf of the organization the member represents to participate in and collaborate on the work of the council.
C.R.S. § 26.5-6-103 — CO Code / Title 26.5 / Article 6 / Section 26.5-6-103
26.5-6-103. Pathways to the classroom and retention strategies for early childhood educators
Status: in_force

26.5-6-103. Pathways to the classroom and retention strategies for early childhood educators - standards - alignment across agencies - report - rules. (1) The executive director shall promulgate rules establishing standards for licensing that allow an early care and education program to be licensed pursuant to part 3 of article 5 of this title 26.5 for a period of time determined by the executive director, if a number, as specified in department rule, of aspiring early childhood educators in the program are pursuing a state-agency-approved early childhood credential and other quality, safety, and supervision conditions are met.

(2) The executive director shall promulgate rules that allow an early childhood educator to earn points toward an early childhood credential that meets child care licensing standards based on the candidate's prior experience and demonstrated competency. The licensing pathway must also include ways in which a candidate in a second career or changing careers can earn points or credits for prior experience and competencies that apply toward the qualifications for an early childhood educator credential. The standards and credential awarding process may use validated tools to award points for demonstrated competencies.

(3) The department and the department of education shall align, to the extent possible, the state's early childhood professional credential, department of education educator licensing, and child care program licensing to make the requirements as consistent and clear as possible to educators and providers. The alignment process must include examining strategies that support reciprocity for early childhood educator credentials or qualifications earned outside of Colorado.

(4) Notwithstanding section 24-1-136 (11)(a)(I), no later than January 31, 2022, and no later than January 31 each year thereafter, the department shall prepare a written report concerning Colorado's current supply of qualified early childhood educators.

(5) The department, the department of higher education, and the department of education shall develop resources to support local communities to increase concurrent enrollment opportunities for high school students or other nontraditional students to earn higher education credits and degrees that allow them to serve as early childhood educators and shall support career pathways for high school students earning college credits toward becoming early childhood educators, including concurrent enrollment, career and technical education, the ASCENT program, and other career pathways.
C.R.S. § 26.5-4-206 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-206
26.5-4-206. Preschool special education services - department collaboration - memorandum of
Status: in_force

26.5-4-206. Preschool special education services - department collaboration - memorandum of understanding. (1) The department shall collaborate with the department of education through a memorandum of understanding as described in subsection (2) of this section to ensure all children with disabilities are served equitably in the Colorado universal preschool program, ensure access to classrooms that meet the individual needs of children with disabilities based on their individualized education programs, and ensure that preschool providers operate in accordance with federal and state law concerning education for preschool-age children with disabilities. In collaborating pursuant to this section, the department and the department of education shall, at a minimum:

(a) Support local implementation of best practices;

(b) Create training for preschool providers concerning the legal obligations for serving children with disabilities, including the responsibilities and obligations of administrative units specified in IDEA and ECEA; and

(c) Collaborate to ensure preschool services delivered through the preschool program to children with disabilities are delivered in compliance with IDEA and ECEA.

(2) The department and the department of education shall enter into a memorandum of understanding that, at a minimum:

(a) Defines the roles and responsibilities of both departments, administrative units as defined in section 22-20-103, and preschool providers, recognizing that the department of education is the identified agency responsible for compliance with the part B component of IDEA, as described in section 22-20-103 (4)(b);

(b) Describes data collection and sharing responsibilities in accordance with federal requirements and timelines, ensuring that all critical data can be disaggregated, while adhering to requirements for protecting personally identifiable information;

(c) Describes each department's role in helping preschool providers and communities provide inclusive, individualized, meaningful, culturally relevant, linguistically relevant, active, and participatory learning for all children with disabilities, in accordance with each child's individualized education program;

(d) Establishes procedures for holding all preschool providers accountable for providing access and supports for children with disabilities;

(e) Recommends training programs for preschool providers in working with children with disabilities;

(f) With regard to preschool program rules, establishes processes to:

(I) Ensure that preschool program requirements are in compliance with and do not conflict with IDEA and ECEA; and

(II) Ensure preschool program rules address all legal requirements for the provision of preschool services to eligible children with disabilities.
C.R.S. § 26.5-4-211 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-211
26.5-4-211. Colorado universal preschool program provider participation bonus program - repo
Status: repealed

26.5-4-211. Colorado universal preschool program provider participation bonus program - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Colorado state-run preschool program" means the Colorado preschool program administered pursuant to article 28 of title 22 as it existed prior to July 1, 2023.

(b) "Colorado universal preschool program application portal" means the system the department administers to operate and track the public's participation in the Colorado universal preschool program administered pursuant to this part 2.

(c) "Colorado universal preschool program provider participation bonus program" or "bonus program" means the Colorado universal preschool program provider participation bonus program created in subsection (2) of this section.

(d) "Eligible recipient" means a preschool provider participating in the Colorado universal preschool program created pursuant to section 26.5-4-204 that has signed a provider agreement and is in good standing with the department.

(e) "Low-capacity preschool area" means a community with insufficient Colorado universal preschool programming capacity to meet the demand of parents in the preschool area who wish to enroll the parents' children.

(2) There is created in the department the Colorado universal preschool program provider participation bonus program. The purpose of the bonus program is to:

(a) Increase preschool provider participation in the Colorado universal preschool program to ensure that all children have access to a universal preschool classroom in their communities;

(b) Strengthen the mixed delivery system by supporting preschool providers that have not previously participated in the Colorado state-run preschool program; and

(c) Preserve access to infant and toddler care.

(3) (a) The department shall establish and make publicly available a process for soliciting, vetting, awarding, and monitoring payments under the bonus program that aligns with the purposes of the Colorado universal preschool program. The department shall post the process on the department's website.

(b) The executive director may promulgate rules, as necessary, for the implementation of the program.

(c) (I) An eligible recipient must receive a bonus payment if the eligible recipient has registered with the Colorado universal preschool program application portal to participate in the Colorado universal preschool program by August 31, 2023, and has not previously participated in the Colorado state-run preschool program.

(II) An eligible recipient may receive additional bonus payments if the eligible recipient:

(A) Is licensed to provide care to infants and toddlers and is in good standing with the department; and

(B) Maintains or increases the eligible recipient's licensed capacity to serve infants and toddlers between April 1, 2022, and April 1, 2024.

(III) Subject to available appropriations, the department shall further distribute bonus payments to an eligible recipient located in a low-capacity preschool area that registers with the Colorado universal preschool program application portal to participate in the Colorado universal preschool program.

(4) An eligible recipient awarded a bonus payment pursuant to this section shall use the bonus payment to implement or support the Colorado universal preschool program or maintain or expand infant and toddler care in this state.

(5) (a) On or before September 1, 2023, the department shall calculate the number of eligible recipients that applied for a bonus payment pursuant to subsection (3)(c) of this section and, based on available appropriations, determine an amount for the bonus payment.

(b) All bonus payments must be distributed to eligible recipients that qualify pursuant to subsection (3)(c) of this section for a bonus payment on or before June 30, 2024.

(6) On or before September 1, 2024, the department shall submit a report to the joint budget committee summarizing the following:

(a) The number of eligible recipients that received a bonus payment;

(b) The types of eligible recipients that received a bonus payment pursuant to subsection (3)(c) of this section;

(c) The amount of each bonus payment; and

(d) The number of bonus payments awarded pursuant to subsections (3)(c)(I), (3)(c)(II), and (3)(c)(III) of this section, respectively.

(7) This section is repealed, effective July 1, 2025.
C.R.S. § 26.5-3-505 — CO Code / Title 26.5 / Article 3 / Part 5 / Section 26.5-3-505
26.5-3-505. Health sciences facility - duties
Status: in_force

26.5-3-505. Health sciences facility - duties. (1) The president of the university of Colorado shall identify a facility at the university of Colorado health sciences center with the knowledge and expertise necessary to:

(a) Assist the executive director by selecting and presenting entities from among the applications submitted pursuant to section 26.5-3-506;

(b) Provide programmatic and clinical support, evaluation, and monitoring for the program, including nurse practice support and training, clinical and programmatic technical assistance, compliance monitoring and support, program development and implementation support, and performance improvement monitoring and support, in communities throughout the state;

(c) Cooperate with the department in connection with the department's financial administration of the program; and

(d) Work with the state auditor's office as required in section 2-3-113 (4).

(2) The health sciences facility is not responsible for the duties assigned to the department with respect to the program pursuant to section 26.5-3-507 (2)(b).

(3) The health sciences facility shall perform the duties set forth in subsection (1) of this section to ensure that the program is implemented and operated according to the program training requirements, protocols, management information systems, and evaluation requirements established by department rule. The health sciences facility shall evaluate overall program implementation, operation, and effectiveness, and include that evaluation, along with any recommendations concerning the program's selected entities or changes in the program's implementation, operation, and effectiveness, including program training requirements, protocols, management information systems, or evaluation requirements, in the annual report submitted to the department pursuant to section 26.5-3-508.

(4) The department shall compensate the health sciences facility for the health sciences facility's actual costs incurred in performing its duties pursuant to this part 5, as determined by the health sciences facility. Such duties and actual costs must be included in the scope of work in the agreement between the department and the health sciences facility for implementation of those duties and must include the costs incurred by any contractor or subcontractor of the health sciences facility for those duties. Such compensation must be paid out of the amount allocated for the health sciences facility's costs, in accordance with the maximum allocation of three percent of the amount annually allocated for the program pursuant to section 26.5-3-507 (2).
C.R.S. § 26.5-3-706 — CO Code / Title 26.5 / Article 3 / Part 7 / Section 26.5-3-706
26.5-3-706. Data collection - reporting
Status: in_force

26.5-3-706. Data collection - reporting. (1) On or before July 1, 2023, the department shall develop a statewide data collection and information system to analyze implementation data and selected outcomes to identify areas for improvement, promote accountability, and provide insights to continually improve child and program outcomes. The data collection and information system, and any related processes, must place the least burden possible on the mental health consultants in the program. In selecting the implementation data and outcomes, the department shall incorporate the variability across diverse settings and populations.

(2) Notwithstanding section 24-1-136 (11)(a)(I), the department shall, beginning in 2023 and continuing every two years thereafter, in its presentation to the joint budget committee of the general assembly, as well as its presentation to its committee of reference at the hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" in January 2027, report on the following issues:

(a) A gap analysis of the available number of mental health consultants and the unmet need in the type of settings in which mental health consultants practice in accordance with the program; and

(b) Identified adjustments to better meet mental health consultant caseload, with the department identifying a target number of needed consultants in the program.

(3) On or before August 1, 2026, the department shall contract with an independent third party to conduct an evaluation, using standard evaluation measures, of the program and its impact on early childhood and program outcomes across the state. The department shall present the results of the evaluation as part of its presentation to its committee of reference at the hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" in January 2028.
C.R.S. § 26.5-5-315 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-315
26.5-5-315. Staffing during emergency circumstances - definitions
Status: in_force

26.5-5-315. Staffing during emergency circumstances - definitions. (1) During an emergency circumstance, a child care center may permit an employee who has successfully completed criminal background check requirements but is not a qualified caregiver to supervise children for not more than two hours while the child care center secures a qualified caregiver.

(2) Notwithstanding subsection (1) of this section, a large child care center, as defined by department rule, or a child care center that operates on the property of a school district, district charter school, or institute charter school, may permit an employee of the child care center or an employee of the school district, district charter school, or institute charter school who has successfully completed criminal background check requirements but is not a qualified caregiver to supervise children for an amount of time that is reasonably necessary to address an emergency circumstance.

(3) During an emergency circumstance, a child care center shall maintain the staff-to-child ratio required by rule of the executive director.

(4) As used in this section, unless the context otherwise requires, "emergency circumstance" includes, but is not limited to, illness, death, accident, law enforcement action, road closure, hazardous weather, emergency bodily function, child elopement, or providing emergency attention or care to a child.
C.R.S. § 26.5-3-206 — CO Code / Title 26.5 / Article 3 / Part 2 / Section 26.5-3-206
26.5-3-206. Colorado child abuse prevention trust fund - creation - source of funds - approp
Status: repealed

26.5-3-206. Colorado child abuse prevention trust fund - creation - source of funds - appropriation - repeal. (1) There is created in the state treasury the Colorado child abuse prevention trust fund. The board shall administer the trust fund, which consists of:

(a) Money transferred into the trust fund in accordance with section 13-32-101 (5)(a)(I);

(b) Money collected by the board pursuant to section 26.5-3-205 (1)(j) from federal grants and other contributions, grants, gifts, bequests, and donations. Such money must be transmitted to the state treasurer, who shall credit the money to the trust fund.

(c) Any money appropriated to the trust fund by the state; and

(d) Reimbursement money received for prevention services and programs identified in the federal Title IV-E prevention services clearinghouse pursuant to the federal "Family First Prevention Services Act of 2018". Beginning July 1, 2021, the department shall transmit federal Title IV-E reimbursements for prevention services to the state treasurer, who shall credit the reimbursements to the trust fund.

(2) The board shall claim federal Title IV-E reimbursement for the trust fund for all eligible grants for prevention services on the federal Title IV-E prevention services clearinghouse.

(3) Money in the trust fund is subject to annual appropriation by the general assembly. Any money remaining in the trust fund must not be transferred to or revert to the general fund of the state at the end of any fiscal year. Any interest earned on the investment or deposit of money in the trust fund must also remain in the fund and must not be credited to the general fund of the state.

(4) (a) For the 2024-25 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate one hundred fifty thousand dollars to the trust fund. The board shall distribute the money appropriated pursuant to this subsection (4)(a) for programs to reduce the occurrence of prenatal substance exposure in accordance with section 26.5-3-205 (1)(h)(III).

(b) (I) For the 2024-25 and 2025-26 state fiscal years, the general assembly shall annually appropriate fifty thousand dollars to the trust fund. The board shall distribute the money appropriated pursuant to this subsection (4)(b) to convene a stakeholder group to identify strategies to increase access to child care for families seeking substance use disorder treatment and recovery services.

(II) This subsection (4)(b) is repealed, effective June 30, 2027.
C.R.S. § 26.5-4-105 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-105
26.5-4-105. Colorado child care assistance program - department duties
Status: in_force

26.5-4-105. Colorado child care assistance program - department duties. (1) In addition to any other duties specified in this part 1, the department, under the supervision of the executive director, shall:

(a) Administer or supervise the establishment, extension, and strengthening of the Colorado child care assistance program in cooperation with the federal department of health and human services and other state or federal agencies;

(b) Provide services to county departments, including the organization and supervision of county departments for the effective administration of CCCAP, as set out in department rules as to program scope and content, including provision of child care assistance and compilation of statistics and necessary information relative to child care assistance;

(c) Prescribe forms necessary for applications, reports, affidavits, and such other forms as it may deem necessary and advisable;

(d) Cooperate with other departments, agencies, and institutions of the state and federal governments in the performance of activities in conformity with the purposes of this part 1; and

(e) Act as the agent of the federal government in activities related to the Colorado child care assistance program in matters of mutual concern in conformity with this part 1 and in the administration of any federal money granted to the state to aid in the furtherance of CCCAP.

(2) The department may review any decision of a county department and may consider any application for child care assistance upon which a decision has not been made by the county department within a reasonable time to determine the propriety of the action or failure to take timely action on an application for child care assistance. The department shall make such additional investigation as it deems necessary and shall, after giving the county department an opportunity to rebut any findings or conclusions of the department that the action or delay in taking action was a violation of or contrary to department rules, make such decision as to the granting of child care assistance and the amount thereof as in its opinion is justifiable pursuant to the provisions of this part 1 and department rules. Applicants or recipients affected by the decisions of the department, upon request, shall be given reasonable notice and opportunity for a fair hearing by the department.
C.R.S. § 26.5-4-303 — CO Code / Title 26.5 / Article 4 / Part 3 / Section 26.5-4-303
26.5-4-303. Reporting
Status: in_force

26.5-4-303. 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 of the pilot program, including:

(a) The number of children enrolled in the pilot program for the preceding fiscal year;

(b) The number and percentage of children enrolled in the preschool program who were in low-income families and who met one or more of the qualifying factors established in department rule pursuant to section 26.5-4-204 (4)(a)(II), including identifying the qualifying factors that were met;

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

(d) Quantitative and, to the extent available, qualitative data, including student outcomes to the extent they are available, demonstrating the effectiveness of the pilot program in improving the overall learning and kindergarten readiness of children enrolled in the pilot program; and

(e) Any additional information necessary to determine the effectiveness of the pilot program in preparing children to learn in kindergarten.

(2) The department may request and the provider 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. § 26.5-4-120 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-120
26.5-4-120. Child and adult care food program feasibility study
Status: in_force

26.5-4-120. Child and adult care food program feasibility study. (1) The department, in consultation with the department of public health and environment, shall conduct or contract for a study to determine the feasibility of de-linking eligibility for the federal child and adult care food program from the Colorado child care assistance program. The study must include:

(a) Research on alternative eligibility processes for participation in the federal child and adult care food program that is specifically tailored for license-exempt family, friend, and neighbor providers, as described in section 26.5-3-808; and

(b) Guidelines and best practices for the implementation of alternative eligibility processes to ensure adequate oversight without creating undue administrative burdens for the department or license-exempt family, friend, and neighbor providers, while ensuring the nutritional well-being of children in the provider's care.
C.R.S. § 26.5-3-902 — CO Code / Title 26.5 / Article 3 / Part 9 / Section 26.5-3-902
26.5-3-902. Definition
Status: in_force

26.5-3-902. Definition. As used in this part 9, unless the context otherwise requires, "home visiting" means a two-generation delivery strategy that is designed to overcome barriers to accessing services by providing a comprehensive array of voluntary, evidence-based, family-strengthening services to a family in a location usually selected by the family that is congruent with the services being provided, which location may include, but need not be limited to, the family's home, a health-care setting, or a family resource center.
C.R.S. § 26.5-3-506 — CO Code / Title 26.5 / Article 3 / Part 5 / Section 26.5-3-506
26.5-3-506. Program applications - requirements
Status: in_force

26.5-3-506. Program applications - requirements. (1) An entity that seeks to administer the program in a community must submit an application to the department in accordance with department rules adopted in consultation with the health sciences facility. At a minimum, the application must specify the basic elements and procedures that the entity must use in administering the program. Basic program elements must include the following:

(a) The specific training each nurse employed by the entity must receive to provide home nursing services through the program, which training must meet or exceed the visiting nurse training requirements established by department rule;

(b) The protocols the entity must follow in administering the program, which protocols at a minimum must comply with the program protocols established by department rule;

(c) The management information system the entity must use in administering the program, which at a minimum must comply with the management information system requirements established by department rule;

(d) The reporting and evaluation system the entity must use in measuring the effectiveness of the program in assisting low-income first-time mothers, which at a minimum must meet the reporting and evaluation requirements specified by department rule; and

(e) An annual report to both the health sciences facility and the community in which the entity administers the program that reports on the effectiveness of the program within the community and is written in a manner that is understandable for both the health sciences facility and members of the community.

(2) Any program application submitted pursuant to this section must demonstrate strong bipartisan public support for and a long-time commitment to operation of the program in the community.

(3) The department shall initially review the applications received pursuant to this section and submit to the health sciences facility for review those applications that include the basic program elements as required by department rules. Following its review, the health sciences facility shall submit to the executive director a list of the applying entities that the health sciences facility recommends to administer the program in communities throughout the state.
C.R.S. § 26.5-1-107 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-107
26.5-1-107. Final agency action - authority of executive director - rules
Status: in_force

26.5-1-107. Final agency action - authority of executive director - rules. Hearings conducted by an appointed administrative law judge are considered initial decisions of the department that the executive director, or an executive director's designee, shall review. If exceptions to the initial decision are filed pursuant to section 24-4-105 (14)(a)(I), the review must be in accordance with section 24-4-105 (15); except that the department may, at its discretion, permit a party to file an audio recording in lieu of a written transcript if the party cannot afford a written transcript. The executive director may adopt rules delineating the criteria and process for filing an audio recording in lieu of a written transcript. In the absence of an exception filed pursuant to section 24-4-105 (14)(a)(I), the executive director shall review the initial decision in accordance with a procedure adopted by the executive director. The procedure must be consistent with federal mandates concerning the single state agency requirement. Review by the executive director in accordance with section 24-4-105 (15) or the procedure adopted by the executive director pursuant to this section constitutes final agency action.
C.R.S. § 26.5-5-102 — CO Code / Title 26.5 / Article 5 / Part 1 / Section 26.5-5-102
26.5-5-102. School-readiness quality improvement program - created - rules
Status: repealed

26.5-5-102. School-readiness quality improvement program - created - rules. (1) On and after July 1, 2018, and continuing thereafter subject to sufficient and available federal funding, there is created the school-readiness quality improvement program, referred to in this section as the "program", which is administered by the department as part of the Colorado shines system. The department shall award school-readiness quality improvement funding to eligible early childhood councils identified or established throughout the state pursuant to section 26.5-2-203. The department shall award school-readiness quality improvement funding to improve the school readiness of children five years of age and younger who are enrolled in early childhood education programs. The department shall award school-readiness quality improvement funding to eligible early childhood councils based on allocations made at the discretion of the department and subject to available funding. Nothing in this section or in any rules promulgated pursuant to this section creates a legal entitlement in any early childhood council to school-readiness quality improvement funding. Money awarded must be used to improve the school readiness of children, five years of age and younger, cared for in early childhood education programs.

(2) Communities throughout the state that do not have an early childhood council may identify an existing early childhood council in another community or establish a new early childhood council pursuant to sections 26.5-2-204 and 26.5-2-205 to work toward the development and implementation of a comprehensive early childhood system to ensure the school readiness of young children in the community.

(3) (a) An early childhood council seeking school-readiness quality improvement funding from the department pursuant to this section must apply directly to the department in the manner specified by department rule. An early childhood council applying for school-readiness quality improvement funding pursuant to this section must develop and submit a school-readiness plan to improve the school readiness of children in the community as described in subsection (5) of this section and shall meet any additional eligibility requirements specified by department rule.

(b) Early childhood councils that receive school-readiness quality improvement funding pursuant to this section shall prioritize the distribution of the money to participating early childhood education programs that serve children five years of age or younger with risk factors associated with not being school ready, including but not limited to children living in low-income families, as specified by department rule.

(4) (a) The department may provide technical assistance and financial incentives to:

(I) Programs that are rated in the Colorado shines system at a level one or two to support the programs in advancing to a level three or higher quality level; and

(II) Programs that are rated in the Colorado shines system at a level three, four, or five to support the programs in maintaining a high quality level or advancing to a higher quality level.

(b) The early childhood council may support the department with the assistance described in subsection (4)(a) of this section by providing local community outreach and engagement strategies.

(5) Each early childhood council seeking to apply for school-readiness quality improvement funding pursuant to this section must prepare and submit to the department a three-year school-readiness plan that outlines strategies to improve the school readiness of children. The school-readiness plan, at a minimum, must include:

(a) A narrative that demonstrates the need to improve quality and increase the capacity for early childhood education programs in its service area;

(b) A plan that describes how the early childhood council will target and recruit programs that are rated in the Colorado shines system at a level one or higher. The early childhood council must target and recruit programs to increase the access and availability of quality child care for children participating in the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5. If the early childhood council received school-readiness quality improvement funding prior to the 2020-21 fiscal year, the early childhood council shall amend the three-year school-readiness plan to comply with the requirements of this section.

(c) Strategies developed jointly with community partners to include, at a minimum, county departments of human or social services to target school-readiness quality improvement funding to improve the level of quality at participating early childhood education programs.

(6) (a) The executive director shall promulgate rules for the implementation of this section, including but not limited to rules that:

(I) Specify the procedure by which an early childhood council may apply for school-readiness quality improvement funding pursuant to the program; and

(II) Specify the manner in which school-readiness quality improvement funding is distributed to early childhood councils, ensuring an equitable distribution between rural and urban communities; and

(III) Identify any additional eligibility requirements for early childhood councils seeking school-readiness quality improvement funding.

(b) At a minimum, the rules promulgated pursuant to this subsection (6) must identify a specific and measurable level of improvement in the Colorado shines system that an early childhood education program must achieve within each Colorado shines rating cycle in order to continue receiving school-readiness quality improvement funding, as well as the eligibility criteria for continued participation in the program. In addition, the department by rule may require preschool providers to attain within a Colorado shines rating cycle specific and measurable improvement on the quality standards established for preschool providers pursuant to section 26.5-4-205.

(7) (a) The school-readiness quality improvement program is funded using federal child care development fund money or other federal or state money annually appropriated for the program. The department shall allocate the money to the eligible early childhood councils for distribution to early childhood education programs, as provided in this section.

(b) If money is required to match the federal child care development funds, such matching money may be from, but need not be limited to, general fund money appropriated by the general assembly, local money, or private matching money. The general assembly is not obligated to appropriate general fund money if private matching money is not available or later becomes unavailable.

(c) The department is authorized to enter into a sole-source contract with an organization to provide the following:

(I) Quality rating assessments;

(II) Technical assistance for early childhood education programs;

(III) Community infrastructure and resource development for improving the quality of early childhood education;

(IV) Parent and consumer education on the importance of quality early childhood education; and

(V) Professional development activities.

(d) The department is authorized to enter into a contract with an organization to provide the following:

(I) Early literacy programming and related supports; and

(II) Whole-child services.

(8) (a) Each early childhood council shall submit a report to the department on or before August 15, 2019, and on or before August 15 each year thereafter. The report must address the quality improvement of the participating early childhood education programs and the overall effectiveness of the Colorado shines system in preparing children with identified risk factors for school. At a minimum, the report must address:

(I) The number of early childhood education programs and children who participated in the Colorado shines system, including the number of children five years of age or younger served as a result of the school-readiness quality improvement funding in home-based programs and in center-based programs;

(II) The baseline quality ratings of each participating early childhood education program for each Colorado shines rating cycle;

(III) An analysis and explanation of the quality improvement strategies undertaken at each early childhood education program;

(IV) The barriers to quality improvement that were encountered; and

(V) Any other data required by the department.

(b) Repealed.

(c) Reporting early childhood councils, as well as the department or any private entity with which it may contract for reporting purposes, may draw upon the evaluations and studies prepared by a nationally recognized research firm to report on the school readiness of children in quality-rated early childhood education programs.

(d) Each early childhood council shall work with state and local agencies, such as school districts, to support efforts to track, through high school graduation, the future academic performance of children who receive services from early childhood education programs that receive funding pursuant to this section.
C.R.S. § 26.5-1-104 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-104
26.5-1-104. Department of early childhood - created - executive director - powers, duties, a
Status: repealed

26.5-1-104. Department of early childhood - created - executive director - powers, duties, and functions. (1) There is created the department of early childhood, the head of which is the executive director of the department of early childhood, which office is created. The governor shall appoint the executive director, with the consent of the senate, and the executive director serves at the pleasure of the governor. The reappointment of an executive director after an initial election of a governor is subject to the provisions of section 24-20-109. In appointing an executive director, the governor shall make concerted efforts to identify qualified individuals who are representative of the diverse populations of children and families residing in Colorado. The executive director has those powers, duties, and functions prescribed for the heads of principal departments in the "Administrative Organization Act of 1968", article 1 of title 24, and any powers, duties, and functions set forth in this title 26.5.

(2) The department of early childhood consists of an executive director of the department of early childhood and such divisions, sections, other units, and advisory boards as the executive director may establish pursuant to subsection (3) of this section and as may be specified in this title 26.5.

(3) The executive director may establish such divisions, sections, other units, and advisory boards within the department as are necessary for the proper and efficient discharge of the powers, duties, and functions of the department.

(4) The department of early childhood is responsible for administering the functions and programs as set forth in this title 26.5.

(5) Repealed.
C.R.S. § 26.5-3-203 — CO Code / Title 26.5 / Article 3 / Part 2 / Section 26.5-3-203
26.5-3-203. Definitions
Status: in_force

26.5-3-203. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Board" means the Colorado child abuse prevention board created in section 26.5-3-204.

(2) "Child" means a person under eighteen years of age.

(3) "Child abuse" has the meaning as provided for the term "abuse" in section 19-1-103 (1).

(4) "Prevention program" means a program of direct child abuse prevention services for a child, parent, or guardian and includes research or education programs related to the prevention of child abuse. Such a prevention program may be classified as a primary prevention program when it is available to the community on a voluntary basis and as a secondary prevention program when it is directed toward groups of individuals who have been identified as high risk.

(5) "Recipient" means and is limited to a nonprofit or public organization that receives a grant from the trust fund.

(6) "Trust fund" means the Colorado child abuse prevention trust fund created in section 26.5-3-206.
C.R.S. § 26.5-3-602 — CO Code / Title 26.5 / Article 3 / Part 6 / Section 26.5-3-602
26.5-3-602. Definitions
Status: in_force

26.5-3-602. Definitions. As used in this part 6, unless the context otherwise requires:

(1) "Entity" means an individual local implementation site, such as a provider of early childhood services; a school district, as defined in section 22-7-1003, or a charter school, as defined in section 22-60.5-102; a community mental health center; any other governmental agency; or any combination of these entities.

(2) "Grant program" means the social-emotional learning programs grant program created in section 26.5-3-603.

(3) "Implementation partner" means a private entity that has extensive experience and expertise in early child care programming of the type described in section 26.5-3-603 and in implementation science and with which the department contracts pursuant to section 26.5-3-603 (2) to assist in implementing the grant program.

(4) "Social-emotional learning program" means an evidence-based, two-generation program that provides training for teachers and parents in strategies and skills for connecting with all young children, especially those who demonstrate challenging behaviors, and for teaching and promoting the development of social competence and emotional self-monitoring and self-management in young children; and provides direct programming for young children in problem solving, anger control, self-monitoring of emotions, succeeding in school, and making friends.
C.R.S. § 26.5-1-109 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-109
26.5-1-109. Department functions - operating principles
Status: in_force

26.5-1-109. Department functions - operating principles. (1) The department shall execute the following functions and operate programs and provide services associated with those functions as described in this title 26.5 and authorized by federal law:

(a) Promote child physical, oral, and behavioral health and use multigenerational and culturally and linguistically appropriate strategies to support child and parent outcomes that improve overall family well-being;

(b) Identify and address child and family trauma and support a trauma-informed, as defined in section 19-1-103, approach to early childhood;

(c) Provide support to families for healthy early childhood development;

(d) Promote access to quality early childhood care and education, including monitoring and increasing the capacity of quality early childhood care and education programs to support the availability of said programs for children throughout the state;

(e) Promote and support access to a coherent and aligned system of preparation and ongoing professional development opportunities for persons who provide early childhood and family support programs and services;

(f) Support state and local infrastructure for providing early childhood and family support programs and services, including early childhood care and education and physical, oral, and behavioral health care for children;

(g) Collaborate formally and informally with all state departments and local and tribal agencies that administer or otherwise provide support for early childhood and family support programs and services to ensure effective and efficient administration of said programs and services, including combining and coordinating the funding for said programs and services that are under the jurisdiction of the department to the fullest extent allowed under state and federal laws and regulations, and to ensure consistency in the experience of families who benefit from these programs and services and promote whole-child and whole-family well-being;

(h) Collaborate with other state departments and local and tribal agencies to set, and assess achievement of, statewide goals for quality, availability, capacity, and delivery of early childhood and family support programs and services and statewide goals for support and development of the workforce that provides early childhood and family support programs and services, including physical, oral, and behavioral health care for children;

(i) Collaborate with other state departments, local and tribal agencies, and local coordinating organizations to safely collect and share data, eliminating duplication of data collection when possible, while ensuring privacy and security for children and families, to enable the department to gauge the statewide quality, availability, capacity, and delivery of early childhood and family support programs and services;

(j) Evaluate the quality of early childhood and family support programs and services throughout the state using identified outcome metrics and provide support for early childhood providers and the workforce that provides early childhood and family support programs and services, including physical, oral, and behavioral health care for children;

(k) Collaborate with other state departments to promote the overall effectiveness of early childhood systems in the state by jointly identifying metrics that all departments use to monitor early childhood outcomes throughout the state, which must include outcomes in health, including physical, social-emotional, and dental; learning; and overall well-being;

(l) Support innovation in methods and strategies for accessing and providing early childhood and family support programs and services through research and review of programs and systems implemented within Colorado and in other states and countries; and

(m) In coordination with the department of human services and county departments, as defined in section 26.5-4-103, integrate outreach for early childhood and family support programs and services into efforts to provide families access to a wide range of services and resources, including access to food, cash assistance, and health care.

(2) In executing the functions described in subsection (1) of this section and implementing the programs and providing the services related to those functions, the department shall ensure to the greatest extent possible that:

(a) Early childhood and family support programs and services are:

(I) Implemented and provided across functions rather than being siloed as individual programs, which includes providing a seamless application experience for families and providers as described in section 26.5-1-110, increasing the efficiency of programs and services, and reducing duplication and administrative burden;

(II) Designed with a focus on the user experience of families, children, providers, and other end-users and designed to serve the whole family and the whole child;

(III) Available statewide and provided on an equitable, affordable, and culturally and linguistically responsive basis to all families who choose to use the programs and services;

(IV) With regard to early childhood programs and services, provided through child care providers; a mixed delivery system of school- and community-based preschool program providers; and a diverse workforce of licensed, voluntarily credentialed, and informal childhood caregivers and educators; and

(V) With regard to family support programs and services, provided through a mixed delivery system of public and private providers and a diverse workforce; and

(b) Funding for programs and services is combined and coordinated at the state level, when possible and to the fullest extent allowed under state and federal laws and regulations, before distribution to local and tribal agencies, families, and providers; and

(c) Resources are used with maximum efficiency to ensure that parents, children, and early childhood program and service providers are prioritized and receive the greatest possible level of investment and financial support with the lowest possible level of administrative burden; and

(d) The department works in partnership with families, public and private providers, and local early childhood communities.

(3) To assist the department in executing the functions and meeting the requirements specified in this section, the executive director shall ensure that there is at least one staff member among the upper management levels of the department whose job responsibilities include ensuring that staff support and communicate, interact, and partner with the counties and the county departments, as defined in section 26.5-4-103.

(4) In executing the functions described in subsection (1) of this section, the department shall collaborate with the departments of education, higher education, human services, public health and environment, and health care policy and financing to strengthen coordination and promote alignment among education, higher education, human services, health care, and mental health care in serving and supporting children, families, providers, and the early childhood workforce.
C.R.S. § 26.5-4-109 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-109
26.5-4-109. Provider rates - provider recruitment - provider
Status: in_force

26.5-4-109. Provider rates - provider recruitment - provider. (1) (a) No later than July 1, 2025, and at least every three years thereafter, the department, in consultation with county departments and child care providers, shall develop the calculation of provider rates with the goal of eventually ensuring the provider rates more accurately reflect the cost of child care rather than families' ability to pay. The department may contract for assistance in developing the calculation. The calculation must account for the cost of quality care and may vary by age group, region, and type of care. The department must ensure that the calculation of provider rates complies with federal regulations and, if required by federal law, must obtain approval before changing the calculation of or process for setting the provider rates. Before adopting a change to the provider rates or other payment policies, the department, in consultation with the county departments and providers, shall analyze the anticipated impact of the change to the Colorado child care assistance program, including the impact on the costs of services and on the families and providers that participate in CCCAP. The department shall include an analysis completed pursuant to this subsection (1)(a) in the report described in section 26.5-4-114.

(b) As soon as practicable following July 1, 2022, but no later than October 1, 2022, the executive director shall convene a working group of county departments and providers to discuss provider rates and the provider rate calculation described in subsection (1)(a) of this section.

(2) The department shall establish the provider rates based on the calculation developed pursuant to subsection (1) of this section and shall update the rates on a regular basis.

(3) The department shall include an explanation of the calculation of the provider rates in the report on CCCAP required pursuant to section 26.5-4-114, beginning with the report submitted on November 1, 2024, and in each subsequent report.

(4) The department, working with early childhood councils as defined in section 26.5-2-202, county departments, and local coordinating organizations as defined in section 26.5-2-102 shall identify and recruit providers throughout the state to participate in the child care assistance program. In identifying and recruiting providers, the department and local coordinating organizations shall establish a mixed delivery system of public and private providers in communities throughout the state that enables parents to select CCCAP providers for their children from as broad a range as possible within their respective communities.

(5) Starting July 1, 2025, the department shall create a pilot program for unlicensed providers to seek license-exempt status and establishment as an eligible CCCAP provider separate and distinct from the parent-initiated process. The pilot program must operate in at least two counties, including one urban county and one rural county. By June 30, 2027, the department shall evaluate the outcomes of the pilot program on enrolled providers and child care capacity and services in participating counties.
C.R.S. § 26.5-5-318 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-318
26.5-5-318. Notice of negative licensing action - filing of complaints
Status: in_force

26.5-5-318. Notice of negative licensing action - filing of complaints. (1) (a) When a child care center facility or family child care home facility licensed pursuant to this part 3 has been notified by the department of a negative licensing action or the imposition of a fine pursuant to section 26.5-5-317 (2) and (7), it shall, within ten days after receipt of the notice, provide the department with the names and mailing addresses of the parents or legal guardians of each child cared for at the child care center facility or family child care home facility. The department shall maintain the confidentiality of the names and mailing addresses provided to it pursuant to this subsection (1).

(b) Within twenty days after receipt of the names and addresses of parents and legal guardians pursuant to subsection (1)(a) of this section, the department shall send a written notice to each parent or legal guardian identifying the negative licensing action or the fine imposed and providing a description of the basis for the action as it relates to the impact on the health, safety, and welfare of the children in the care of the facility. The department shall send the notice to the parents and legal guardians by first-class mail.

(c) The executive director shall promulgate rules concerning the assessment of a fine against a licensee that is equal to the direct and indirect costs associated with the mailing of the notice described in subsection (1)(b) of this section against the facility.

(d) This subsection (1) does not preclude the department or a county department of human or social services from notifying parents of serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 3 that could impact the health, safety, or welfare of a child cared for at the facility or home.

(2) The executive director shall promulgate rules requiring child care center facilities and family child care home facilities to provide written notice to the parents and legal guardians of the children cared for in such facilities of the procedures by which to file a complaint against the facility or an employee of the facility with the department. The rules must specify the information the notice must contain, but must require that the notice include the current mailing address and telephone number of the appropriate division within the department.

(3) The department shall track and record complaints made to the department that are brought against family child care homes and shall identify which complaints were brought against licensed family child care homes, unlicensed family child care homes, or legally exempt family child care homes.
C.R.S. § 26.5-2-204 — CO Code / Title 26.5 / Article 2 / Part 2 / Section 26.5-2-204
26.5-2-204. Early childhood councils - applications - rules
Status: in_force

26.5-2-204. Early childhood councils - applications - rules. (1) A newly established or newly identified council shall submit to the department an application to become part of the statewide system of early childhood councils. The department shall develop and distribute the application form and criteria and an explanation of the process for joining the statewide system of early childhood councils. The department shall provide support for the preparation of applications.

(2) A new council shall designate on its application the following information:

(a) The intended service area;

(b) The counties to be involved in the council;

(c) Participating mandatory stakeholders;

(d) The entity that serves as the original fiscal agent for the council; and

(e) The signatures of the chair or chairs of the board or boards of county commissioners for the counties involved in the council, the legal signatory for the counties, and the president of a school district board of education involved in the council.

(3) An existing early childhood council seeking to be newly identified as a council shall designate on its application a restatement of the following information:

(a) The designated service area;

(b) Current members;

(c) Any additional stakeholders required to meet the membership requirements of section 26.5-2-205;

(d) The designated fiscal agent; and

(e) Signatures of the current organization leadership, the fiscal agent, the chair or chairs of the board or boards of county commissioners of the counties involved in the council, and the president of a school district board of education involved in the council.

(4) Each council shall develop a strategic plan based upon an assessment of the early childhood needs in the designated service area that includes:

(a) A council infrastructure, including a plan for hiring a council director;

(b) A technical assistance plan and an annual budget for developing a local early childhood system and infrastructure to improve and coordinate early childhood services; and

(c) A plan for evaluating program performance and council process and effectiveness as it relates to the council's strategic plan.

(5) The executive director shall promulgate rules to define the standards for acceptance of applications made pursuant to this section. Acceptance of an application is automatic if the application is complete, the signatures are in order, and it meets the standards set forth by the executive director pursuant to this subsection (5).
C.R.S. § 26.5-3-403 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-403
26.5-3-403. Early intervention services - administration - duties of department - rules
Status: repealed

26.5-3-403. Early intervention services - administration - duties of department - rules. (1) Subject to annual appropriation from the general assembly, the department shall administer early intervention services and shall coordinate early intervention services with existing services provided to eligible children and their families.

(2) The executive director shall promulgate rules as necessary for the implementation of this part 4 and to ensure that all IDEA timelines and requirements are met, including but not limited to administrative remedies if the timelines and requirements are not met.

(3) In administering early intervention services, the department shall perform the following duties:

(a) Design early intervention services in a manner consistent with part C;

(b) Develop rules, for promulgation by the executive director, after consultation with the state interagency coordinating council;

(c) Ensure eligibility determination for a child with disabilities from birth through two years of age, based in part on information received concerning the screening and evaluation;

(d) Ensure that an individualized family service plan is developed for infants and toddlers from birth through two years of age who are eligible for early intervention services. The IFSP must be developed in compliance with part C requirements, including the mandatory IFSP meeting at which the family receives information concerning the results of the initial early intervention evaluation. The initial IFSP must be developed in collaboration with a representative from an evaluation provider that participated in the child's evaluation. The representative shall participate in the initial meeting for the development of the child's IFSP.

(e) Allocate money;

(f) (I) Repealed.

(II) On and after July 1, 2024, coordinate training and provide technical assistance to certified early intervention service brokers, service providers, and other constituents who are involved in the delivery of early intervention services to eligible children;

(g) Monitor and evaluate early intervention services provided through this part 4;

(h) Coordinate contracts, expenditures, and billing for early intervention services provided through this part 4; and

(i) On and after July 1, 2024, certify early intervention service brokers within a defined service area.
C.R.S. § 26.5-3-405 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-405
26.5-3-405. Authorized services - conditions of funding - purchases of services - rules
Status: repealed

26.5-3-405. Authorized services - conditions of funding - purchases of services - rules. (1) (a) Repealed.

(b) The executive director shall promulgate rules as necessary, in accordance with this part 4, to implement, on and after July 1, 2024, the purchase of early intervention services directly or through certified early intervention service brokers.

(2) (a) Repealed.

(b) On and after July 1, 2024, certified early intervention service brokers and service agencies receiving money pursuant to section 26.5-3-408 shall comply with all of the provisions of this part 4 and the rules promulgated pursuant to this part 4.

(3) (a) and (b) Repealed.

(c) On and after July 1, 2024, certified early intervention service brokers shall obtain or provide early intervention services, subject to available appropriations, including but not limited to:

(I) Service coordination with families of eligible children. The purpose of service and support coordination is to enable a family to utilize service systems to meet its needs in an effective manner and increase the family's confidence and competence. Service coordination is to be rendered in an interagency context that emphasizes interagency collaboration. A family must have, to the extent possible, a choice as to who performs certain facets of service coordination as established in the family's individualized family service plan.

(II) Coordination of early intervention services with local agencies and other community resources at the local level to avoid duplication and fragmentation of early intervention services. A certified early intervention service broker shall:

(A) Coordinate with the local interagency effort regarding outreach, identification, screening, multidisciplinary assessment, and eligibility determination for families served by the certified early intervention service broker who requested the services;

(B) Coordinate with the local family support services program; and

(C) Coordinate with other appropriate state agencies providing programs for infants and toddlers.

(4) The department is authorized to use up to three percent of the amount of the appropriation for early intervention services for training and technical assistance to ensure that the latest developments for early intervention services are rapidly integrated into service provision throughout the state.
C.R.S. § 26.5-4-302 — CO Code / Title 26.5 / Article 4 / Part 3 / Section 26.5-4-302
26.5-4-302. Online kindergarten readiness pilot program - created - survey - provider select
Status: in_force

26.5-4-302. Online kindergarten readiness pilot program - created - survey - provider selection - funding. (1) There is created in the department the online kindergarten readiness pilot program, referred to in this part 3 as the "pilot program", to provide funding for a voluntary, online kindergarten readiness program that serves children in the year before eligibility for kindergarten enrollment. The purposes of the pilot program are to:

(a) Help ensure that, in the year before eligibility for kindergarten enrollment, children receive personalized, online support in reading, mathematics, and science that is developmentally appropriate;

(b) Provide training for parents and other family members to help them assist their children in learning; and

(c) Raise the level of kindergarten readiness for all children, including children who are in low-income families.

(2) The department shall conduct a statewide survey to determine the number of families who would be interested in participating in the pilot program. The department shall compile and submit the results of the survey by December 1, 2022, to the joint budget committee of the general assembly and the office of state planning and budgeting.

(3) (a) The department shall issue a request for information for a provider to make an online kindergarten readiness program available to families statewide. At a minimum, a provider must demonstrate:

(I) The ability to provide technology to families that choose to participate in the online program but do not have the appropriate technology to be able to do so;

(II) The use of a curriculum that is developmentally appropriate and evidence based and has demonstrated effectiveness in preparing children to learn in kindergarten;

(III) Strong evidence of the effectiveness of the provider's online kindergarten readiness program overall in preparing children to learn in kindergarten and in developing strong social-emotional skills in children who participate in the program; and

(IV) An effective plan for recruiting families from diverse backgrounds in all geographic areas of the state to voluntarily enroll in the program.

(b) By May 1, 2023, based on the responses to the request for information, the department, subject to available appropriations for the 2023-24 fiscal year, may select and contract with a single provider to provide an online kindergarten readiness program. At a minimum, the contract must require the provider to provide statewide notice of the availability of the online kindergarten readiness program and begin enrolling families, free of charge, for the 2023-24 school year.
C.R.S. § 26.5-1-303 — CO Code / Title 26.5 / Article 1 / Part 3 / Section 26.5-1-303
26.5-1-303. Early childhood leadership commission - duties
Status: in_force

26.5-1-303. Early childhood leadership commission - duties. (1) In addition to any other duties specified in law, the commission has the following duties:

(a) To identify opportunities for, and barriers to, the alignment of standards, rules, policies, and procedures across programs and agencies that support young children and to recommend to the appropriate committees of reference of the general assembly pursuant to part 2 of article 7 of title 2 and to government and nonprofit agencies and policy boards changes to enhance the alignment and provision of services and supports for pregnant women and young children and their families;

(b) To advise and make recommendations to the department and to other relevant early childhood entities concerning implementation of the early childhood Colorado framework;

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

(d) To consider and recommend waivers from state regulations on behalf of early childhood councils as provided in section 26.5-2-207;

(e) To monitor the ongoing development, promotion, and implementation of:

(I) A quality, cohesive professional development and career advancement system;

(II) High-quality, comprehensive early learning standards; and

(III) The sharing and use of common data for planning and accountability among early childhood programs;

(f) To develop strategies and monitor efforts concerning:

(I) Increasing children's school readiness;

(II) Increasing participation in and access to child care and early education programs; and

(III) Promoting family and community engagement in children's early education and development.

(2) In fulfilling its duties, the commission shall collaborate, at a minimum, with:

(a) Members of the early childhood councils established pursuant to section 26.5-2-203; and

(b) Any other boards, commissions, and councils that address services and supports for pregnant women and young children.
C.R.S. § 26.5-4-203 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-203
26.5-4-203. Definitions
Status: in_force

26.5-4-203. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Additional preschool services" means hours of preschool services provided to a child in the year preceding enrollment in kindergarten that are in addition to the universal preschool services the child receives.

(2) "Charter school" means a charter school that is:

(a) A district charter school authorized pursuant to part 1 of article 30.5 of title 22, an institute charter school authorized pursuant to part 5 of article 30.5 of title 22, or a charter school authorized by the Colorado school for the deaf and the blind pursuant to section 22-80-102 (4)(b);

(b) Authorized in its charter contract to provide preschool services; and

(c) Licensed pursuant to part 3 of article 5 of this title 26.5 to operate as a preschool provider.

(3) "Children with disabilities" has the same meaning as provided in section 22-20-103.

(4) "Colorado universal preschool program" or "preschool program" means the program established within the department pursuant to section 26.5-4-204, and includes all participating preschool providers.

(5) "Community plan" means the community plan adopted by a local coordinating organization pursuant to section 26.5-2-104.

(6) "ECEA" means the "Exceptional Children's Educational Act", article 20 of title 22, and its implementing rules.

(7) "Eligible child" means a child who is eligible to receive preschool services as provided in section 26.5-4-204 (3).

(8) "IDEA" means the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations.

(9) "Individualized education program" has the same meaning as provided in section 22-20-103.

(10) "Inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.

(11) "Local coordinating organization" means the entity selected by the department pursuant to section 26.5-2-103 to implement a community plan for early childhood and family support programs and services within a specified community.

(12) "Mixed delivery system" means a system for delivering preschool services through a combination of school- and community-based preschool providers, which include family child care homes, child care centers, and head start agencies, that are funded by a combination of public and private money.

(13) "Parent" has the same meaning as provided in section 22-20-103.

(14) "Preschool provider" means any of the following entities that are licensed pursuant to part 3 of article 5 of this title 26.5:

(a) A family child care home, as defined in section 26.5-5-303;

(b) A child care center, as defined in section 26.5-5-303;

(c) A school district licensed to operate as a public preschool provider;

(d) A charter school licensed to operate as a public preschool provider; or

(e) A head start program.

(15) "Qualifying factor" means a child or family circumstance, as identified by department rule pursuant to section 26.5-4-204 (4)(a)(II), that may negatively impact a child's cognitive, academic, social, physical, or behavioral health or development.

(16) "School district" means a school district organized pursuant to article 30 of title 22 that provides preschool services and is licensed pursuant to part 3 of article 5 of this title 26.5 as a preschool provider; or a board of cooperative services organized pursuant to article 5 of title 22 that provides preschool services and is licensed pursuant to part 3 of article 5 of this title 26.5 as a preschool provider.

(17) "Universal preschool services" means ten hours of preschool services per week made available, at no charge, to children in the state during the school year preceding the school year in which a child is eligible to enroll in kindergarten.
C.R.S. § 26.5-5-103 — CO Code / Title 26.5 / Article 5 / Part 1 / Section 26.5-5-103
26.5-5-103. Quality evaluation and improvement of early childhood care and education program
Status: in_force

26.5-5-103. Quality evaluation and improvement of early childhood care and education programs - use of Colorado works money. Counties are urged to partner with for-profit or not-for-profit organizations that evaluate the quality of early childhood care and education programs in the early childhood councils and assign ratings in an effort to assess the success of such programs and to improve the ultimate delivery of early childhood care and education. Counties so partnering are further encouraged to match private investments in such early childhood care and education programs with county block grant money for Colorado works pursuant to part 7 of article 2 of title 26 and federal child care development funds in an effort to improve the overall quality of those programs. Counties so partnering are further encouraged to expend local funds to promote the objectives of this part 1 and improve the delivery of early childhood services, including the continuation of those funding sources developed to support pilot site agency activities.
C.R.S. § 26.5-5-329 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-329
26.5-5-329. Testing for the presence of lead in drinking water in child care centers and fam
Status: repealed

26.5-5-329. Testing for the presence of lead in drinking water in child care centers and family child care homes - compliance with public health requirements - repeal. (1) Each child care center and, unless it has opted out pursuant to section 25-8-903 (9), each family child care home shall comply with the requirements of part 9 of article 8 of title 25 concerning testing of water in child care centers, family child care homes, and eligible schools.

(2) This section is repealed, effective June 30, 2026.
C.R.S. § 26.5-5-101 — CO Code / Title 26.5 / Article 5 / Part 1 / Section 26.5-5-101
26.5-5-101. Colorado shines quality rating and improvement system - created
Status: in_force

26.5-5-101. Colorado shines quality rating and improvement system - created. (1) The Colorado shines quality rating and improvement system, referred to in this part 1 as the "Colorado shines system", is created in the department to measure the level of preparedness of and quality of services provided by an early childhood education program to prepare children to enter elementary school. The Colorado shines system must:

(a) Measure and support the elements of quality of an early childhood education program, including, but not limited to:

(I) The quality of the learning environment;

(II) The quality of adult-child interactions;

(III) Adult-to-child ratios;

(IV) Provider training and education, including recognized credentials through the department's voluntary credentialing system developed pursuant to section 26.5-6-102; and

(V) Parent-involvement activities at the early care and education facility;

(b) Be variable to inform parents, counties, and other purchasers of early childhood education about the level of quality at an early childhood education program in a simple and easy-to-understand manner;

(c) Be supported by statistically valid research as a reliable measure of quality of an early childhood education program;

(d) Include a quality improvement plan that facilitates goal setting and planning related to improving program quality over time; and

(e) Have demonstrated effectiveness at improving the level of quality of early childhood education programs in geographically diverse Colorado communities.

(2) The department shall periodically review and revise the quality standards established for the Colorado shines system with the goal of aligning those standards with the quality standards established pursuant to section 26.5-4-205 for preschool providers participating in the Colorado universal preschool program.
C.R.S. § 26.5-3-704 — CO Code / Title 26.5 / Article 3 / Part 7 / Section 26.5-3-704
26.5-3-704. Statewide professional development plan for early childhood mental health consul
Status: in_force

26.5-3-704. Statewide professional development plan for early childhood mental health consultants. (1) On or before July 1, 2022, the department shall develop a statewide professional development plan to support mental health consultants in the program in meeting the expectations set forth in the model of consultation described in section 26.5-3-703, referred to in this section as "the plan". In developing the plan, the department shall work collaboratively, to the extent practicable, 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. The department may implement the plan in partnership with nonprofits, institutions of higher education, and credentialing programs focused on infant and early childhood mental health.

(2) The plan must include, at a minimum, training related to:

(a) Trauma and trauma-informed practices and interventions;

(b) Adverse childhood experiences;

(c) The science of resilience and interventions to promote resilience;

(d) Child development through eight years of age;

(e) Caregiver substance use and effective family interventions;

(f) Impact of inequity and bias on children, families, caregivers, mental health consultants, and providers, and strategies to mitigate such impact;

(g) Sensory processing issues;

(h) The needs of children with developmental delays and disabilities, including children born prematurely or with special health-care needs, and special education law;

(i) Colorado's child protection and foster care system;

(j) Occupational therapy, speech therapy, physical therapy, and mental health therapy;

(k) Other public and private supports and services;

(l) Early childhood social-emotional development and family systems;

(m) Early childhood mental health diagnosis and effective treatment models; and

(n) Consultation as a model of adult learning.

(3) The plan must also:

(a) Allow mental health consultants in the program to access regionally appropriate and culturally responsive programs to best link them to the children and families in their communities and their unique needs;

(b) Include strategies for mental health consultants in the program to establish individualized coaching as requested by teachers, caregivers, and families; and

(c) Provide opportunities for regular support meetings between mental health consultants in the program; supervisors, including reflective supervisors; and peer mental health consultants. The support meetings must include reflections on the practice impact of attitudes and values.
C.R.S. § 26.5-1-301 — CO Code / Title 26.5 / Article 1 / Part 3 / Section 26.5-1-301
26.5-1-301. Legislative declaration
Status: in_force

26.5-1-301. Legislative declaration. (1) The general assembly hereby finds that:

(a) Public investments for pregnant women and young children from birth to eight years of age and their families fall behind investments for older Colorado children and lag behind national trends;

(b) For the state's early childhood system to operate effectively, the efforts of the public and private agencies that compose the system must be efficiently coordinated, aligned to state and federal standards, and made accountable across state systems; and

(c) While there are several planning efforts related to early childhood services and collaborative bodies within state and local governments, there is no single venue to allow high-level decision-making among policy makers, to collectively study recommendations, to facilitate cross-agency collaboration among state agencies, and to make joint policy and funding recommendations.

(2) The general assembly further finds that:

(a) A commission to assist in coordinating services and supports for pregnant women and young children from birth to eight years of age and their families will improve the delivery of those services and improve the educational, health, emotional and mental health, child welfare, and employment outcomes for these children and their families; and

(b) A commission to assist in coordinating the delivery of services and supports for pregnant women and young children and their families will also significantly improve Colorado's workforce and economic development by:

(I) Helping to ensure a healthy, well-educated workforce far into the future;

(II) Supporting those persons who currently provide early childhood services and supports and creating additional employment opportunities;

(III) Supporting parents of young children who need dependable, high-quality child care and supportive services in order to be fully engaged and productive in their jobs; and

(IV) Supporting the market in early childhood services and products as a vibrant element of the state's economy.

(3) The general assembly finds, therefore, that it is essential to create a high-level, interagency, public-private leadership commission to identify opportunities for, and address barriers to, the coordination of federal and state early childhood policies and procedures in order to promote access to programs and services that affect the health and well-being of Colorado's children.
C.R.S. § 26.5-4-201 — CO Code / Title 26.5 / Article 4 / Part 2 / Section 26.5-4-201
26.5-4-201. Short title
Status: in_force

26.5-4-201. Short title. The short title of this part 2 is the "Colorado Universal Preschool Program Act".
C.R.S. § 26.5-3-808 — CO Code / Title 26.5 / Article 3 / Part 8 / Section 26.5-3-808
26.5-3-808. Family, friend, and neighbor support programs - advisory group - training and su
Status: repealed

26.5-3-808. Family, friend, and neighbor support programs - advisory group - training and support program - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Advisory group" means the family, friend, and neighbor advisory group created in subsection (2) of this section.

(b) "Eligible entity" means a family, friend, and neighbor provider that is actively providing informal, license-exempt child care.

(c) "Family, friend, and neighbor" or "FFN" means license-exempt, informal child care provided by family, friends, or neighbors in an in-home setting on a regular basis pursuant to the requirements of section 26.5-5-304 (1)(f).

(d) "Training and support program" means the family, friend, and neighbor training and support program created in subsection (3) of this section.

(2) (a) The family, friend, and neighbor advisory group is created in the department. The purpose of the advisory group is to advise the department on the needs of FFN providers and to make recommendations to the department on changes to regulations, policies, funding, and procedures that would benefit the FFN community. At least twenty-five percent of the members of the advisory group must reside in counties with a population below forty thousand people.

(b) The department shall convene the advisory group, which must include, at a minimum:

(I) Members of the FFN early childhood workforce and representatives of geographically and linguistically diverse FFN providers. To the extent practicable, the department shall ensure that the persons described in this subsection (2)(b)(I) constitute a majority of the members of the advisory group; and

(II) Parents of children who receive care through FFN providers, representatives of county departments of human or social services, special education program directors, early childhood councils, the business community, private nonprofit organizations, early childhood advocacy organizations, and persons with expertise in early childhood and business practices.

(c) Members of the advisory group may receive per diem compensation for attendance at meetings of the advisory group in the same amount paid to legislators pursuant to section 2-2-307 (3)(a). Members of the advisory group are also entitled to reimbursement for all actual and necessary travel and sustenance expenses directly related to their service on the advisory group.

(3) (a) The family, friend, and neighbor training and support program is created in the department. The purpose of the training and support program is to support community-based organizations and nonprofit organizations that have expertise working with FFN providers to provide FFN providers with information, training, and materials, and to support FFN providers with skills and knowledge on child development, social and emotional development, and best practices and technical assistance to access existing state programs. Training programs available to eligible entities may include, but need not be limited to, the following:

(I) Improving the quality of child care and child development;

(II) Ensuring the health and safety of child care environments;

(III) Fostering the social and emotional health of the child;

(IV) Supporting children with developmental, emotional, physical, or cognitive disabilities or delays;

(V) Offering culturally competent and equitable child care;

(VI) Strengthening the business practices of child care;

(VII) Promoting workforce development; and

(VIII) Providing a high-quality early learning environment through coaching, guidance, and materials in an amount not to exceed nine hundred fifty dollars per eligible entity.

(b) Technical assistance and resources for FFN providers may include, but need not be limited to, the following:

(I) Navigating the state licensing and qualified exempt processes;

(II) Accessing existing state funding and services;

(III) Connecting to after-school programs; and

(IV) Providing career navigation assistance.

(c) The department may support FFN communities across the state to implement training programs that foster peer learning and provide locally specific support.

(d) The department shall create and publish a public website for the FFN community to access training, technical assistance, and resources.

(e) The department shall ensure that the training and support program is culturally competent and linguistically appropriate to meet the needs of the FFN community and utilizes a research- and community-informed curriculum.

(4) Subject to available appropriations, the department shall make existing state programs available to the FFN community, including, but not limited to, home visitation, early intervention, early childhood mental health consultants, workforce recruitment and retention, and family resource center services.

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

(b) The use of money appropriated pursuant to this subsection (5) and money that originates from the ARPA refinance state money cash fund, created in section 24-75-226.5, appropriated for the same purpose, 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 (5) is repealed, effective September 1, 2027.

(6) The department shall report progress on the support programs as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203.
C.R.S. § 26.5-4-301 — CO Code / Title 26.5 / Article 4 / Part 3 / Section 26.5-4-301
26.5-4-301. Legislative declaration
Status: in_force

26.5-4-301. Legislative declaration. (1) The general assembly finds and declares that:

(a) All children in the year before they are eligible to enroll in kindergarten should have access to social-emotional and academic supports that are important for school readiness;

(b) The state should provide a wide range of choices for families to access kindergarten readiness supports, including the option for online kindergarten readiness programs; and

(c) To receive state funding, an online kindergarten readiness program should demonstrate strong evidence of effectiveness in teaching a diverse array of children, provide evidence-based online curriculum, incorporate family engagement, and undergo periodic evaluation to measure effectiveness in preparing children to learn in kindergarten.

(2) The general assembly therefore finds that, to best serve all families, it is appropriate for the state to support an online kindergarten readiness pilot program as a choice for parents who seek to access academic and readiness support services for their children in the year preceding kindergarten eligibility.
C.R.S. § 26.5-4-114 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-114
26.5-4-114. Colorado child care assistance program - reporting requirements
Status: in_force

26.5-4-114. Colorado child care assistance program - reporting requirements. (1) On or before November 1, 2022, and on or before November 1 each year thereafter, the department shall prepare a report on CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the department shall provide the report to the joint budget committee of the general assembly, the public and behavioral health and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees. The report must include, at a minimum, the following information related to benchmarks of success for CCCAP:

(a) The number of children and families served through CCCAP statewide and by county, which, beginning November 1, 2024, must include the number of children served in part-time child care through CCCAP and the number of children served in full-time child care through CCCAP, both groups disaggregated by ages from birth through thirteen years of age;

(b) The average length of time that parents remain in the workforce while receiving CCCAP subsidies, even when their income increases;

(c) The average number of months of uninterrupted, continuous care for children enrolled in CCCAP;

(d) The number and percent of all children enrolled in CCCAP who receive care at each level of the state's quality and improvement rating system;

(e) The average length of time a family is authorized for a CCCAP subsidy, disaggregated by recipients' eligible activities, such as job search, employment, workforce training, and postsecondary education;

(f) The number of families on each county's wait list as of October 1 of each year, as well as the average length of time each family remains on the wait list in each county;

(g) The number of families and children statewide and by county that exit CCCAP due to their family incomes exceeding the eligibility limits;

(h) The number of families and children statewide and by county that reenter CCCAP within two years of exiting due to their family incomes exceeding the eligibility limits;

(i) An estimate of unmet need for CCCAP in each county and throughout the state based on estimates of the number of children and families who are likely to be eligible for CCCAP in each county but who are not enrolled in CCCAP, disaggregated by estimated ages from birth through thirteen years of age; and

(j) Beginning with the report submitted November 1, 2024, and in each annual report thereafter:

(I) A year-over-year comparison of the number of children served by CCCAP to show fluctuations in the number of children served;

(II) The number of informal, license-exempt providers, in-home providers, community-based providers, and school-based providers that agree to serve children with a CCCAP subsidy compared to the total number of providers;

(III) The number of provider agreements and enrollment contracts with providers;

(IV) An explanation of the calculation of the most recently adopted provider rates; and

(V) An explanation of the quality incentives made available to providers.
C.R.S. § 26.5-3-202 — CO Code / Title 26.5 / Article 3 / Part 2 / Section 26.5-3-202
26.5-3-202. Legislative declaration
Status: in_force

26.5-3-202. Legislative declaration. (1) The general assembly finds that:

(a) Child abuse and neglect are a threat to the family unit and impose major expenses on society;

(b) There is a need to assist private and public agencies in identifying, planning, and establishing statewide programs for the prevention of child abuse and neglect; and

(c) The types of trauma experienced by children who are under eighteen years of age include childhood emotional, physical, and sexual abuse; emotional and physical neglect; housing insecurity and poverty; and household challenges, including growing up in a household with substance abuse, mental health disorders, violence, or parental incarceration. Adverse childhood experiences such as these have been shown to have a lifelong impact on health, behavior, and age of mortality.

(2) It is the purpose of this part 2 to promote primary and secondary prevention programs that are designed to prevent child trauma and maltreatment before it occurs, lessen the occurrence of child abuse and neglect, and mitigate the impacts of adverse childhood experiences to reduce the need for state intervention through child welfare actions and economic support for families experiencing poverty.
C.R.S. § 26.5-3-102 — CO Code / Title 26.5 / Article 3 / Part 1 / Section 26.5-3-102
26.5-3-102. Definitions
Status: in_force

26.5-3-102. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "At-risk neighborhood" means an urban or rural neighborhood or community in which there are incidences of poverty, unemployment and underemployment, substance abuse, crime, school dropouts, illiteracy, teen pregnancies and teen parents, domestic violence, or other conditions that put families at risk.

(2) "Case management" means the process through which a family advocate for the family resource center assesses a family's need for services as provided in section 26.5-3-103 (2).

(3) "Community applicant" means a local entity that is interested and willing to commit private and public resources to establish a family resource center and that applies for a family resource center grant pursuant to section 26.5-3-104. "Community applicant" includes, but is not limited to, a state or local governmental agency or governing body, a local private nonprofit agency, a local board of education on a cost-shared basis, a local recreational center, or a local child care agency.

(4) "Family resource center" means a unified single point of entry where vulnerable families, individuals, children, and youth in communities or within at-risk neighborhoods or participants in Colorado works, pursuant to part 7 of article 2 of title 26, can obtain information, assessment of needs, and referral for delivery of family services described in section 26.5-3-103 (2) and for which a grant is awarded to a community applicant pursuant to section 26.5-3-104.

(5) "Family support and parent education" means a program or service that promotes a family's positive and meaningful engagement in its children's lives by providing an experiential and supportive adult learning environment through which a primary caregiver can learn how to create a safe, stable, and supportive family unit.

(6) "Local advisory council" means the body that oversees the operation of the family resource center as described in section 26.5-3-104 (1)(b).
C.R.S. § 26.5-3-409 — CO Code / Title 26.5 / Article 3 / Part 4 / Section 26.5-3-409
26.5-3-409. Payment from private health insurance for early intervention services - trust fu
Status: in_force

26.5-3-409. Payment from private health insurance for early intervention services - trust fund. (1) Private health insurance carriers that are required to make payment of benefits for early intervention services for which coverage is required pursuant to section 10-16-104 (1.3) shall pay benefits to the department in trust for payment to a broker or provider for early intervention services provided to an eligible child. Upon notification from the department that a child is eligible, the child's private health insurance carrier has thirty days to make payment to the department.

(2) (a) When a private health insurance carrier makes payments of benefits for an eligible child to the department in trust, the money must be deposited in the early intervention services trust fund, which trust fund is created in the state treasury. Except as provided in subsection (2)(b) of this section, the principal of the trust fund must only be used to pay certified early intervention service brokers or qualified early intervention service providers for early intervention services provided to the eligible child for whom the money was paid to the department in trust by the private health insurance carrier. Except as provided in subsection (2)(b) of this section, the principal of the trust fund does not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution, and the money is deemed custodial funds that are not subject to appropriation by the general assembly.

(b) (I) For the 2008-09 fiscal year and each fiscal year thereafter, the general assembly shall make appropriations to the department from the principal of the early intervention services trust fund for the direct and indirect costs of administering this section. Any money appropriated to the department pursuant to this subsection (2)(b)(I) constitutes state fiscal year spending for purposes of section 20 of article X of the state constitution.

(II) All interest derived from the deposit and investment of money in the early intervention services trust fund must be credited to the trust fund, may be appropriated to the department in accordance with this subsection (2)(b)(II), and constitutes state fiscal year spending for purposes of section 20 of article X of the state constitution.

(c) Within ninety days after the department determines that a child is no longer an eligible child for purposes of section 10-16-104 (1.3), the department shall notify the carrier that the child is no longer eligible and that the carrier is no longer required to provide the coverage required by said section for that child. Any money deposited in the trust fund on behalf of an eligible child that is not expended on behalf of the child before the child becomes ineligible must be returned to the carrier that made the payments in trust for the child.

(3) No later than March 1, 2009, and no later than April 1 each year thereafter, the department shall provide a report to each private health insurance carrier that has made payments of benefits for an eligible child to the department in trust. The report must specify the total amount of benefits paid to brokers or qualified providers for services provided to the eligible child during the prior calendar year, including the amount paid to each broker or qualified provider and the services provided to the eligible child. The department shall provide the report required by this subsection (3) at least annually and more often, as determined by the department and the carrier.
C.R.S. § 26.5-5-319 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-319
26.5-5-319. Institutes
Status: in_force

26.5-5-319. Institutes. The department is authorized to hold institutes and programs for licensees under this part 3 to assist in the improvement of standards and practices of facilities operated and maintained by licensees and in the more efficient and practical administration and enforcement of this part 3. In conducting institutes and programs, the department may request the assistance of health, education, and fire safety officials.
C.R.S. § 26.5-4-107 — CO Code / Title 26.5 / Article 4 / Part 1 / Section 26.5-4-107
26.5-4-107. Reconsideration and changes
Status: in_force

26.5-4-107. Reconsideration and changes. (1) A county department shall reconsider child care assistance awarded pursuant to this part 1 as frequently as and in the manner required by department rules. After further verification and record as the county department deems necessary or department rules may require, the amount of child care assistance provided may be changed or terminated, if the department or the county department finds that the recipient's circumstances have altered sufficiently to warrant such action or if changes in state or federal law have been made that would warrant such action. A county department shall only require and collect any documentation that has changed since the recipient's most recent application or redetermination process and that is required to determine the recipient's continued eligibility.

(2) In accordance with department rules, a county department may terminate child care assistance at any time for cause, or it may, for cause, suspend child care assistance for such period as it may deem proper. Timely notice to persons who are receiving child care assistance, but who are not eligible due to fraudulent acts, may be given five days before the date of a proposed action, in accordance with federal regulations.

(3) Whenever child care assistance is terminated, suspended, or in any way changed, the county department shall at once report the decision to the recipient and to the department, setting forth the reason for the action. All such decisions are subject to review by the department in accordance with department rules.
C.R.S. § 26.5-3-303 — CO Code / Title 26.5 / Article 3 / Part 3 / Section 26.5-3-303
26.5-3-303. Repeal of part
Status: repealed

26.5-3-303. Repeal of part. This part 3 is repealed, effective July 1, 2028.
C.R.S. § 26.5-5-325 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-325
26.5-5-325. Family child care homes - administration of routine medications - parental direc
Status: in_force

26.5-5-325. Family child care homes - administration of routine medications - parental direction - rules. (1) The delegation of nursing tasks by a registered nurse pursuant to section 12-255-131 is not required for the administration of routine medications by a child care provider to children cared for in family child care homes licensed pursuant to this part 3, subject to the following conditions:

(a) The parent of the child cared for in the licensed family child care home has daily physical contact with the child care provider that actually administers the routine medication;

(b) The child care provider has successfully completed a medication administration instructional program that is approved by the department;

(c) Routine medications are administered in compliance with rules promulgated by the executive director pursuant to subsection (2) of this section;

(d) If the routine medication involves the administration of unit dose epinephrine, the administration is accompanied by a written protocol by the prescribing health-care professional that identifies the factors for determining the need for the administration of the medication and is limited to emergency situations; and

(e) If the routine medication involves the administration of a nebulized inhaled medication, the administration is accompanied by a written protocol by the prescribing health-care professional that identifies the factors for determining the need for the administration of the medication.

(2) The executive director shall promulgate rules concerning the medically acceptable procedures and standards to be followed by child care providers administering routine medications to children cared for in family child care homes.
C.R.S. § 26.5-3-508 — CO Code / Title 26.5 / Article 3 / Part 5 / Section 26.5-3-508
26.5-3-508. Annual program review - audit
Status: in_force

26.5-3-508. Annual program review - audit. (1) The health sciences facility shall annually prepare and submit to the department a report including an evaluation of the implementation of the program, the results achieved by the program based on the annual reports submitted by the administering entities pursuant to section 26.5-3-506 (1)(e), the extent to which the program serves medicaid-eligible persons and provides services that may be provided in part through medicaid funding, and any recommendations concerning changes to the program, including any changes that may be appropriate to enable the program to receive and maximize medicaid funding. Each program contractor and subcontractor and each entity that administers the program shall work with the health sciences facility and the department to prepare the reports required pursuant to this section and section 2-3-113 (2). Any entity that is administering the program is subject to a reduction in or cessation of funding if the executive director, based on recommendations from the health sciences facility, determines that the entity is not operating the program in accordance with the program requirements established by department rule or is operating the program in such a manner that the program does not demonstrate positive results.

(2) The state auditor's office, pursuant to section 2-3-113, shall audit each entity administering the program to determine whether the entity is administering the program in compliance with the program requirements and in an effective manner. The audit must be conducted and reported in accordance with section 2-3-113.
C.R.S. § 26.5-4-403 — CO Code / Title 26.5 / Article 4 / Part 4 / Section 26.5-4-403
26.5-4-403. Background checks required
Status: in_force

26.5-4-403. Background checks required. (1) (a) A youth sports organization operating in the state of Colorado shall require all coaches to obtain, prior to starting work, a criminal history record check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681, et seq., and that discloses, at a minimum, sexual offenses and felony convictions and includes a social security number trace and a search of the Colorado judicial public records access system. The criminal history record check must ascertain to the extent possible whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401; a felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9); or a comparable offense committed in any other state.

(b) A youth sports organization shall not hire a coach if a criminal history record check of the person performed pursuant to subsection (1)(a) of this section shows that the person has been convicted of, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for felony child abuse as specified in section 18-6-401; a felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9); or any comparable offense committed in any other state.

(2) A youth sports organization may rely on the results of a criminal history record check when making hiring and employment decisions and is immune from civil liability unless the youth sports organization knows the information is false or acts with reckless disregard concerning the veracity of such information.
C.R.S. § 26.5-5-321 — CO Code / Title 26.5 / Article 5 / Part 3 / Section 26.5-5-321
26.5-5-321. Penalty - short title
Status: in_force

26.5-5-321. Penalty - short title. (1) On or after July 1, 2021, any person violating any provision of this part 3, intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection pursuant to the provisions of this part 3, or violating a cease-and-desist order that is not cured commits a petty offense and, upon conviction, shall be punished by a fine of up to five hundred dollars, a sentence of up to ten days in jail, or both.

(2) The short title of this section is the "Elle Matthews Act for Increased Safety in Child Care".
C.R.S. § 26.5-2-208 — CO Code / Title 26.5 / Article 2 / Part 2 / Section 26.5-2-208
26.5-2-208. Evaluation
Status: in_force

26.5-2-208. Evaluation. (1) No later than March 1, 2010, the department shall, through a request for proposals process, contract with a qualified individual or entity to prepare an independent evaluation of the system of early childhood councils to determine the effectiveness of the system in serving children and families throughout the state. The evaluation must be completed no later than October 1, 2010, and must be repeated every three years thereafter.

(2) The evaluation must include the following:

(a) An aggregate evaluation of local evaluation plan data as integrated and analyzed by the department, including an evaluation of the overall program performance and council process and effectiveness;

(b) An evaluation of state program performance, including the efficiency and effectiveness of the department in meeting the needs of the councils;

(c) An evaluation of the feasibility of combining the funding sources available pursuant to this part 2;

(d) An evaluation of the barriers to delivery of quality early childhood services; and

(e) An evaluation of the impact of waivers issued pursuant to section 26.5-2-207.
C.R.S. § 26.5-1-101 — CO Code / Title 26.5 / Article 1 / Part 1 / Section 26.5-1-101
26.5-1-101. Short title
Status: in_force

26.5-1-101. Short title. The short title of this title 26.5 is the "Anna Jo Garcia Haynes Early Childhood Act".
C.R.S. § 26.5-3-503 — CO Code / Title 26.5 / Article 3 / Part 5 / Section 26.5-3-503
26.5-3-503. Definitions
Status: in_force

26.5-3-503. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Entity" means any nonprofit, not-for-profit, or for-profit corporation; religious or charitable organization; institution of higher education; visiting nurse association; existing visiting nurse program; county, district, or municipal public health agency; county department of human or social services; political subdivision of the state; or other governmental agency; or any combination thereof.

(2) "Health sciences facility" means the Anschutz medical campus or a successor facility located at the university of Colorado health sciences center that is selected by the president of the university of Colorado pursuant to section 26.5-3-505 to assist the executive director in administering the program.

(3) "Low-income" means an annual income that does not exceed two hundred percent of the federal poverty line.

(4) "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.

(5) "Nurse" means a person licensed as a professional nurse pursuant to part 1 of article 255 of title 12 or accredited by another state or voluntary agency that the state board of nursing has identified by rule pursuant to section 12-255-107 (1)(a) as one whose accreditation may be accepted in lieu of board approval.

(6) "Program" means the nurse home visitor program established in this part 5.
C.R.S. § 26.5-6-102 — CO Code / Title 26.5 / Article 6 / Section 26.5-6-102
26.5-6-102. Voluntary child care credentialing system - rules
Status: in_force

26.5-6-102. Voluntary child care credentialing system - rules. The department shall develop and maintain a statewide voluntary child care credentialing system that recognizes the training and educational achievements of persons providing early childhood care and education. The use of the voluntary child care credentialing system must include but need not be limited to the early childhood councils established pursuant to part 2 of article 2 of this title 26.5. The voluntary child care credentialing system is a multi-tiered system of graduated credentials that reflects the increased training, education, knowledge, skills, and competencies of persons working in early childhood care and education services in the various councils. The voluntary child care credentialing system must award credit for the education and training of persons working in early childhood care and education concerning the prevention of child sexual abuse. This education and training includes understanding healthy child development, creating safe environments for children, recognizing signs of abuse and problematic behaviors, and responsible methods of response to disclosures or concerns of abuse or potential abuse. The executive director shall promulgate such rules as are necessary for the statewide implementation of the voluntary child care credentialing system.