CO Code § 26-6-106 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 6 - Child Care Centers|Part 1 - Child Care Licensing|§ 26-6-106. Standards for Facilities and Agencies - Rules - Definition

     The department shall prescribe and publish standards for licensing. The standards must be applicable to the various types of facilities and agencies for child care regulated and licensed by this part 1; except that the department shall prescribe and publish separate standards for the licensing of child placement agencies operating for the purpose of adoptive placement and adoption-related services. The department shall seek the advice and assistance of persons representative of the various types of child care facilities and agencies in establishing the standards, including the advice and assistance of the department of public safety and councils and associations representing fire marshals and building code officials in the promulgation of any rules related to adequate fire protection and prevention, as allowed in subsection (2)(e) of this section, in a family child care home. The standards must be established by rules promulgated by the state board of human services and be issued, published, and become effective only in conformity with article 4 of title 24.    (Deleted by amendment,L. 96, p. 258, § 7, effective July 1, 1996.)       Standards prescribed by such rules are restricted to:   The operation and conduct of the facility or agency and the responsibility it assumes for child care;    The character, suitability, and qualifications of the applicant for a license and of other persons directly responsible for the care and welfare of children served, including whether an affiliate of the licensee has ever been the subject of a negative licensing action;    The general financial ability and competence of the applicant for a license to provide necessary care for children and to maintain prescribed standards;    The number of individuals or staff required to insure adequate supervision and care of children served;      The appropriateness, safety, cleanliness, and general adequacy of the premises, including maintenance of adequate fire protection and prevention and health standards in conformance with state laws and municipal ordinances, to provide for the physical comfort, care, well-being, and safety of the children served. (e) (I) The appropriateness, safety, cleanliness, and general adequacy of the premises, including maintenance of adequate fire protection and prevention and health standards in conformance with state laws and municipal ordinances, to provide for the physical comfort, care, well-being, and safety of the children served.    A child care center that provides child care exclusively to school-age children and operates on the property of a school district, district charter school, or institute charter school may satisfy any fire or radon inspection requirement required by law by providing a copy of a satisfactory fire or radon inspection report of the property of a school district, district charter school, or institute charter school where the child care is provided if the fire or radon inspection report was completed within the preceding twelve months. The department shall not require a duplicate fire or radon inspection if a satisfactory fire or radon inspection report of the property was completed within the preceding twelve months.    The department shall require an annual inspection of playground facilities on the property where a child care center operates. For purposes of a playground facility inspection, the department shall accept as satisfactory proof of valid certification of the playground facility, certification, or a copy of certification, from an individual who is licensed or certified to perform playground safety inspections through the national recreation and park association, or other nationally recognized playground facility safety organization. The department shall not require a duplicate inspection if a satisfactory inspection report was completed within the preceding twelve months.       Keeping of records for food, clothing, equipment, and individual supplies;    Provisions to safeguard the legal rights of children served;    Maintenance of records pertaining to the admission, progress, health, and discharge of children;    Filing of reports with the department;    Discipline of children;    Standards for the short-term confinement of a child in defined emergency situations. An emergency situation means any situation where the child is determined to be a danger to himself or others and to be beyond control, all other reasonable means to calm the child have failed, and the child's welfare or the welfare of those around the child demand that the child be confined for a period not to exceed two hours. Standards for such short-term confinement shall include:   Definition of emergency purposes for the short-term confinement in accordance with this paragraph (k);    Duration and frequency of the confinement;    Facility staff requirements;    Criteria for the short-term placement of a child in the short-term confinement room;    Documentation and review of the confinement;    Review and biannual inspection by the department of the short-term confinement facility;    Physical requirements for the short-term confinement room;    Certification or approval from the department prior to the establishment of the short-term confinement room;    A neutral fact finder to determine if the child's situation merits short-term confinement;    At a minimum, a fifteen minute checking and review by staff of a child placed in short-term confinement;    Review by staff of any confinement subsequent to each period of such confinement;    Daily review of the use of the short-term confinement rooms; and    Revocation or suspension of licensure for failure to comply with the standards set forth in this paragraph (k).       Standards for security in secure residential treatment centers and residential child care facilities provided through the physical environment and staffing. Such standards shall include, but not be limited to, the following:   Locked doors;    Fencing;    The staff requirements to ensure security;    Inspections;    Physical requirements for program space and for secure sleeping of the residents in the secure residential treatment center or residential child care facility;    Other security considerations that are necessary to protect the residents of the secure residential treatment center or residential child care facility or the public.       Standards for the appropriateness, safety, and adequacy of transportation services of children to and from child care centers;    Except as provided for in paragraph (n.5) of this subsection (2), provisions that ensure that family child care homes, foster care homes, and child care centers verify, in accordance with part 9 of article 4 of title 25, C.R.S.,that each child has received appropriate immunizations against contagious diseases as follows:   Children up to twenty-four months of age shall be required to be immunized in accordance with the “Infant Immunization Act”, part 17 of article 4 of title 25, C.R.S.;    Children over twenty-four months of age shall be required to be immunized in accordance with part 9 of article 4 of title 25, C.R.S.;  (n.5) Provisions that allow any child care center that allows any child to enroll and attend the center on a short-term basis of up to fifteen days in a fifteen-consecutive-day period, no more than twice in a calendar year, with each fifteen-consecutive-day period separated by at least sixty days, to do so without obtaining verification of immunization for that child, as provided for in section 25-4-902 , C.R.S. Any child care center that chooses to allow children to enroll and attend on a short-term basis pursuant to the provisions of this paragraph (n.5) shall provide notification to all parents that the child care center allows children to enroll and attend on a short-term basis without obtaining proof of immunization.        Standards for adoption agencies that may include but need not be limited to:   Specific criteria and minimum credentials, qualifications, training, and education of staff necessary for each of the types of adoption for which an applicant may seek to be licensed, including but not limited to:   Traditional adoptions with adopting parents who are unknown;    Family adoptions, including stepparent and grandparent adoptions;    Interstate adoptions;    International adoptions;    Identified or designated adoptions; and    Special needs adoptions;       The continuing education requirements necessary to maintain the adoption agency's license, taking into account the type and specialty of such agency's license;    The operation and conduct of the agency and the responsibility it assumes in adoption cases;    The character, suitability, and qualifications of the applicant for a license and for all direct service staff employed or contracted with by the agency;    The general financial ability and competence of the applicant for license, either original or renewal, to provide necessary services for the adoption of children and to maintain prescribed standards;    Proper maintenance of records; and    Provisions to safeguard the legal rights of children served;       Rules governing different types of family child care homes, as that term is defined in section 26-6-102 (13), as well as any other types of family child care homes that may by necessity be established by rule of the state board;      Standards for the training of foster care parents, which must include, at a minimum: (q) (I) Standards for the training of foster care parents, which must include, at a minimum:   Twenty-seven hours of initial training, consisting of at least twelve hours of training prior to the placement of a child and completion of the remaining training within three months after such placement;    Twenty hours per year of continuing training for foster care parents;    In addition to the hours described in subsection (2)(q)(I)(B) of this section, twelve hours per year for foster care parents providing therapeutic foster care;    Training concerning individualized education programs as defined in section 22-20-103 (15), C.R.S. The departments of human services and education shall ensure coordination between local county departments of human or social services and local school districts or administrative units to make such training available upon the request of a foster parent.    The training described in section 19-7-104.       The training described in subparagraph (I) of this paragraph (q) may include, but shall not be limited to, in-home training.    The department shall consult with county departments and child placement agencies in prescribing such standards in order to insure a more uniform application throughout the state.    The hours of training prior to the placement of a child that is described in sub-subparagraph (A) of subparagraph (I) of this paragraph (q) may be completed within four months after such placement if such placement was an emergency placement, as such term shall be defined by rule of the state board.       Initial and ongoing training of providers of foster care services in facilities licensed and certified pursuant to this part 1, including orientation and prelicensing training for child placement agency staff;    Standards for the training of providers of cradle care home services that shall be substantially similar to the training required of adoptive parents prior to adopting an infant, including ongoing training hours appropriate to the services provided. (2.3)   For purposes of this subsection (2.3), “program” means child care offered by a child care center that holds a license pursuant to this part 1, provides child care exclusively to school-age children, and operates on the property of a school district, district charter school, or institute charter school, referred to in this subsection (2.3) as “school property”.    When an agency or entity performs an inspection required by law for a program, the agency or entity shall provide a copy of the inspection report to the appropriate official of the school district, district charter school, or institute charter school where the child care center operates.    If all of the requirements in section 22-1-119.5 and any additional rules of the state board are met, a school-age child enrolled in a program on school property may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The state board may adopt additional rules for programs on school property concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis. (2.6) If all of the requirements in section 22-1-119.5 and any additional rules of the state board are met, a child enrolled in a large child care center, as defined by rule promulgated by the state board, may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The state board may adopt additional rules concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.          Any applicant or person licensed to operate a child care facility or agency under the provisions of this part 1 has the right to appeal any standard that, in his or her opinion, works an undue hardship or when, in his or her opinion, a standard has been too stringently applied by representatives of the department. The department shall designate a panel of persons representing various state and local governmental agencies with an interest in and concern for children to hear such appeal and to make recommendations to the department. The membership of the appeals review panel shall include, but need not be limited to, a representative from child care providers, a representative from a local early childhood council or local child care resource and referral agency, a state-level early childhood representative with early care and education expertise, and a parent representative. All members to the appeals review panel shall be appointed by the executive director or his or her designee and shall serve terms of no more than three years. Representatives to the appeals review panel may serve successive terms.    The state board may promulgate rules to regulate the operation of out-of-home placement provider consortia. The regulation shall not include licensure of out-of-home placement provider consortia.    The state board shall promulgate rules to define the requirements for licensure for a licensed host family home serving homeless youth pursuant to the “Homeless Youth Act”, article 5.7 of this title.      A county director of human or social services, or his or her designee, may approve, at his or her discretion, a waiver of non-safety licensing standards for kinship foster care. A waiver may only be approved if:   It concerns non-safety licensing standards, as set forth by rule of the state board pursuant to paragraph (d) of this subsection (6);    The safety and well-being of the child or children receiving care is not compromised; and    The waiver request is in writing.       In addition to an approved waiver of non-safety licensing standards, a county director of human or social services, or his or her designee, may limit or restrict a license issued to a kinship foster care entity or require that entity to enter into a compliance agreement to ensure the safety and well-being of the child or children in that entity's care.    A kinship foster care entity may not appeal a denial of a waiver requested pursuant to paragraph (a) of this subsection (6).    The state board shall promulgate rules concerning the waiver of non-safety licensing standards for kinship foster care. The rules shall include, but need not be limited to, a listing of non-safety licensing standards that may not be waived and circumstances in which waivers do not apply. The state board shall also define by rule the meaning of “kinship foster care” for the purposes of this subsection (6).       The state board shall promulgate rules concerning standards for licensing early care and education programs that facilitate the recruitment and retention of Colorado's early childhood educator workforce as described in section 26-6-122.     History. Source: L. 67: P. 1042, § 3. C.R.S. 1963: § 119-8-6. L. 81: (2)(k) added, p. 1034, § 11, effective July 1. L. 89: (1) amended and (2)(l) added, pp. 1220, 1221, §§ 3, 4, effective May 26. L. 90: (1) amended and (2)(m) added, pp. 1398, 1399, §§ 11, 12, effective May 24. L. 94: (3) amended, p. 2705, § 269, effective July 1; (2)(n) added and (3) amended, p. 1046, §§ 6, 7, effective January 1, 1995. L. 96: (1)(a) and (3) amended, p. 808, § 7, effective May 23; (1), (2)(b), (2)(c), IP(2)(l), (2)(l)(V), (2)(l)(VI), and IP(2)(n) amended and (2)(o) added, p. 258, § 7, effective July 1. L. 99: (2)(b) amended, p. 1035, § 2, effective May 29. L. 2000: (2)(p) added, p. 39, § 6, effective May 14. L. 2001: (2)(q) and (2)(r) added, p. 740, § 4, effective June 1. L. 2003: (4) added, p. 558, § 2, effective March 7; (2)(q)(I)(C) amended, p. 1877, § 6, effective May 22. L. 2006: (2)(s) added, p. 729, § 6, effective August 7. L. 2009: (2)(q)(I)(C) amended and (2)(q)(I)(D) added,(HB 09-1078), ch. 28, p. 119, § 1, effective August 5. L. 2011: (5) added,(HB 11-1079), ch. 83, p. 226, § 7, effective August 10. L. 2012: (3) amended,(HB 12-1276), ch. 185, p. 702, § 2, effective May 18; (6) added,(HB 12-1047), ch. 42, p. 145, § 1, effective August 8. L. 2016: (2)(p) amended,(SB 16-189), ch. 210, p. 782, § 77, effective June 6; IP(2) and IP(2)(n) amended and (2)(n.5) added,(HB 16-1425), ch. 308, p. 1240, § 3, effective June 10. L. 2018: IP(6)(a) and (6)(b) amended,(SB 18-092), ch. 38, p. 449, § 126, effective August 8. L. 2020: (7) added,(HB 20-1053), ch. 249, p. 1214, § 1, effective July 8. L. 2021: IP(2)(q)(I) and (2)(q)(I)(C) amended and (2)(q)(I)(E) added,(HB 21-1072), ch. 43, p. 185, § 3, effective April 19; (1)(a) amended,(HB 21-1222), ch. 213, p. 1133, § 3, effective September 7; (2)(e) amended and (2.3) and (2.6) added,(SB 21-167), ch. 131, p. 529, § 3, effective September 7. History. Source: L. 67: P. 1042, § 3. C.R.S. 1963: § 119-8-6. L. 81: (2)(k) added, p. 1034, § 11, effective July 1. L. 89: (1) amended and (2)(l) added, pp. 1220, 1221, §§ 3, 4, effective May 26. L. 90: (1) amended and (2)(m) added, pp. 1398, 1399, §§ 11, 12, effective May 24. L. 94: (3) amended, p. 2705, § 269, effective July 1; (2)(n) added and (3) amended, p. 1046, §§ 6, 7, effective January 1, 1995. L. 96: (1)(a) and (3) amended, p. 808, § 7, effective May 23; (1), (2)(b), (2)(c), IP(2)(l), (2)(l)(V), (2)(l)(VI), and IP(2)(n) amended and (2)(o) added, p. 258, § 7, effective July 1. L. 99: (2)(b) amended, p. 1035, § 2, effective May 29. L. 2000: (2)(p) added, p. 39, § 6, effective May 14. L. 2001: (2)(q) and (2)(r) added, p. 740, § 4, effective June 1. L. 2003: (4) added, p. 558, § 2, effective March 7; (2)(q)(I)(C) amended, p. 1877, § 6, effective May 22. L. 2006: (2)(s) added, p. 729, § 6, effective August 7. L. 2009: (2)(q)(I)(C) amended and (2)(q)(I)(D) added,(HB 09-1078), ch. 28, p. 119, § 1, effective August 5. L. 2011: (5) added,(HB 11-1079), ch. 83, p. 226, § 7, effective August 10. L. 2012: (3) amended,(HB 12-1276), ch. 185, p. 702, § 2, effective May 18; (6) added,(HB 12-1047), ch. 42, p. 145, § 1, effective August 8. L. 2016: (2)(p) amended,(SB 16-189), ch. 210, p. 782, § 77, effective June 6; IP(2) and IP(2)(n) amended and (2)(n.5) added,(HB 16-1425), ch. 308, p. 1240, § 3, effective June 10. L. 2018: IP(6)(a) and (6)(b) amended,(SB 18-092), ch. 38, p. 449, § 126, effective August 8. L. 2020: (7) added,(HB 20-1053), ch. 249, p. 1214, § 1, effective July 8. L. 2021: IP(2)(q)(I) and (2)(q)(I)(C) amended and (2)(q)(I)(E) added,(HB 21-1072), ch. 43, p. 185, § 3, effective April 19; (1)(a) amended,(HB 21-1222), ch. 213, p. 1133, § 3, effective September 7; (2)(e) amended and (2.3) and (2.6) added,(SB 21-167), ch. 131, p. 529, § 3, effective September 7.    Editor's note:   Amendments to subsection (3) by Senate Bill 94-107 and House Bill 94-1029 were harmonized. Amendments to subsection (1) by House Bill 96-1006 and House Bill 96-1180 were harmonized.   Cross references:   For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 21-1222, see section 1 of chapter 213, Session Laws of Colorado 2021.   ANNOTATION   Law reviews. For article, “Child Care and Tort Liability”, see 18 Colo. Law. 1949 (1989).   Applied in Cavanaugh v. State Dept. of Soc. Servs., 644 P.2d 1 (Colo. 1982), appeal dismissed for want of substantial federal question, 459 U.S. 1011, 103 S. Ct. 367, 74 L. Ed. 2d 504 (1982), reh'g denied, 460 U.S. 1104, 103 S. Ct. 1806, 76 L. Ed. 2d 369 (1983).