CO Code § 26-6-108 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 6 - Child Care Centers|Part 1 - Child Care Licensing|§ 26-6-108. Denial of License - Suspension - Revocation - Probation - Refusal to Renew License - Fines

  When an application for a license has been denied by the department, the department shall notify the applicant in writing of the denial by mailing a notice to him or her at the address shown on the application. Any applicant believing himself or herself aggrieved by the denial may pursue the remedy for review as provided in subsection (3) of this section if he or she, within thirty days after receiving the notice, petitions the department to set a date and place for hearing, affording him or her an opportunity to be heard in person or by counsel. All hearings on the denial of licenses shall be conducted in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S., as in the case of the suspension and revocation of licenses.    The department may deny an application, or suspend, revoke, or make probationary the license of any facility regulated and licensed under this part 1 or assess a fine against the licensee pursuant to section 26-6-114 should the licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility:   Be convicted of any felony, other than those offenses specified in section 26-6-104 (7), or child abuse, as specified in section 18-6-401, C.R.S., the record of conviction being conclusive evidence thereof, notwithstanding section 24-5-101, C.R.S., or have entered into a deferred judgment agreement or a deferred prosecution agreement to any felony, other than those offenses specified in section 26-6-104 (7), child abuse, as specified in section 18-6-401, C.R.S., or should the department have a certified court order from another state indicating that the applicant, licensee, person employed by the licensee, or any person residing with the licensee has been convicted of a felony, other than those offenses specified in section 26-6-104 (7), under a law of any other state or the United States or has entered into a deferred judgment agreement or a deferred prosecution agreement in another state as to a felony, other than those offenses specified in section 26-6-104 (7); or  (a.5) Be convicted of third degree assault, as described in section 18-3-204 , C.R.S., any misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 , C.R.S., the violation of a protection order, as described in section 18-6-803.5 , C.R.S., any misdemeanor offense of child abuse as defined in section 18-6-401 , C.R.S., or any misdemeanor offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in this paragraph (a.5). For purposes of this paragraph (a.5), “convicted” shall have the same meaning as set forth in section 26-6-104 (7)(a)(II) ; or     Be determined to be insane or mentally incompetent by a court of competent jurisdiction and, should a court enter, pursuant to part 3 or part 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of operating a family child care home, foster care home, or child care center, the record of such determination and entry of such order being conclusive evidence thereof; or    Use any controlled substance, as defined in section 18-18-102 (5), C.R.S., including retail marijuana, or consume any alcoholic beverage during the operating hours of the facility or be under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility; or  (c.5) Be convicted of unlawful use of a controlled substance as specified in section 18-18-404 , C.R.S., unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance as specified in section 18-18-403.5 , 18-18-405 , or 18-18-405 .5, C.R.S., or unlawful offenses relating to marijuana or marijuana concentrate as specified in section 18-18-406 , C.R.S.; or     Consistently fail to maintain standards prescribed and published by the department; or    Furnish or make any misleading or any false statement or report to the department; or    Refuse to submit to the department any reports or refuse to make available to the department any records required by it in making investigation of the facility for licensing purposes; or    Fail or refuse to submit to an investigation or inspection by the department or to admit authorized representatives of the department at any reasonable time for the purpose of investigation or inspection; or    Fail to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for child care pursuant to standards prescribed by the department of public health and environment and the department of human services or by ordinances or regulations applicable to the location of such facility; or    Willfully or deliberately violate any of the provisions of this part 1; or    Fail to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provision for personal care, medical services, clothing, and other essentials in the proper care of children; or    Be charged with the commission of an act of child abuse or an unlawful sexual offense, as specified in section 18-3-411 (1), C.R.S., if:   Such individual has admitted committing the act or offense and the admission is documented or uncontroverted; or    The administrative law judge finds that such charge is supported by substantial evidence; or       Admit to an act of child abuse or if substantial evidence is found that the licensee, person employed by the licensee, or person who resides with the licensee in the licensed facility has committed an act of child abuse. For the purposes of this paragraph (l), “child abuse” has the same meaning as that ascribed to the term “abuse” or “child abuse or neglect” in section 19-1-103 (1), C.R.S.; or    Be the subject of a negative licensing action; or    Misuse any public funds that are provided to any foster care home or any child placement agency that places or arranges for placement of a child in foster care for the purposes of providing foster care services, child placement services related to the provision of foster care, or any administrative costs related to the provision of such foster care services or such foster-care-related child placement services. The state board shall promulgate rules defining the term “misuse”, which rules shall take into account similar definitions in federal law and may include references to relevant circulars of the federal office of management and budget.  (2.2) The state department may deny an application to renew a license based on the grounds set forth in subsection (2) of this section. The denial is effective upon the expiration of the existing license. The existing license shall not continue in effect even though the applicant for renewal files a request for hearing or appeal.  (2.3) The state department may deny an application for a child care facility license pursuant to this part 1 if such applicant is a relative affiliate of a licensee, as described in section 26-6-102 (1)(d) , of a child care facility licensed pursuant to this part 1, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the state department that may result in a negative licensing action. (2.4) The state department may deny an application for a child placement agency license pursuant to this part 1 if such applicant is a relative affiliate of a licensee, as described in section 26-6-102 (1)(d) , of a child placement agency licensed pursuant to this part 1, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the state department that may result in a negative licensing action. (2.5)     The state department shall deny an application for a license under the circumstances described in section 26-6-104 (7). The state department shall revoke or suspend a license previously issued if: (a) (I)The state department shall deny an application for a license under the circumstances described in section 26-6-104 (7). The state department shall revoke or suspend a license previously issued if:   The licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of any of the criminal offenses set forth in section 26-6-104 (7); or       (B) The department has a certified court order from another state indicating that the licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted of, or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of a criminal offense under a law of any other state or of the United States that is similar to any of the criminal offenses set forth in section 26-6-104 (7); or    The licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, should a court enter, pursuant to part 3 or part 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of operating a family child care home, foster care home, or child care center, the record of such determination and entry of such order being conclusive evidence thereof.    For purposes of this paragraph (a), “convicted” means a conviction by a jury or by a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.       A certified copy of the judgment of a court of competent jurisdiction of such conviction or deferred judgment and sentence agreement, deferred prosecution agreement, deferred adjudication agreement, or a certified court order from another state indicating such an agreement from another state shall be prima facie evidence of such conviction or agreement.  (2.6) The state department shall deny an application for an entity licensed under this article and shall revoke the license of an entity licensed under this article if the entity cultivates marijuana pursuant to the authority in section 16 of article XVIII of the state constitution.  (2.7) The department may assess fines, pursuant to the provisions of section 26-6-114 , against a licensee or a person employed by the licensee who willfully and deliberately or consistently violates the standards prescribed and published by the department or the provisions of this part 1. (2.9) The convictions identified in this section shall be determined according to the records of the Colorado bureau of investigation, the ICON system at the state judicial department, or any other source, as set forth in section 26-6-107 (1)(a) (I.5).          The department shall suspend or revoke a license only in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S., and after a hearing thereon as provided in said article 4; except that all hearings under this part 1 shall be conducted by an administrative law judge of the department who shall render his or her recommendation to the executive director of the department of human services who shall render the final decision of the department, and no licensee shall be entitled to a right to cure any of the charges described in paragraph   , (b), (c), or (k)(I) of subsection (2) of this section. No such hearing shall prevent or delay any injunctive proceedings instituted under the provisions of section 26-6-111.       The provisions of paragraph (c) of subsection (2) of this section shall not apply to foster care homes, unless such use or consumption impairs the licensee's ability to properly care for children.    Only upon the request of a county department, a child placement agency licensed pursuant to this part 1 that places or arranges for placement of a child in foster care may certify the home of a relative of the child placed therein as a foster care home.     History. Source: L. 67: P. 1043, § 3. C.R.S. 1963: § 119-8-8. L. 73: Pp. 529, 1224, §§ 73, 19. L. 74: (3) amended, p. 418, § 63, effective April 11. L. 75: (2)(b) amended, p. 1931, § 46, effective July 1. L. 82: (2)(c) amended, p. 255, § 15, effective May 3. L. 83: (2) and (3) amended, p. 1133, § 2, effective May 31. L. 86: (2)(a) and (2)(k)(II) amended and (2)(l) added, p. 1003, § 4, effective May 28. L. 87: (2)(k)(II) and (3) amended, p. 974, § 91, effective March 13; (2)(l) amended, p. 821, § 40, effective October 1. L. 91: (2)(b) amended, p. 1783, § 12, effective July 1. L. 94: (2)(h) amended, p. 2796, § 548, effective July 1. L. 96: IP(2), (2)(i), and (3) amended, p. 809, § 9, effective May 23; IP(2), (2)(a), (2)(b), (2)(h), and (3) amended and (2)(c.5) and (2.5) added, pp. 261, 263, §§ 9, 10, effective July 1. L. 98: (2)(l) amended, p. 831, § 60, effective August 5. L. 98: (2)(l) amended, p. 831, § 60, effective August 5. L. 99: IP(2) and (2)(l) amended and (2)(m) added, p. 1035, § 3, effective May 29; IP(2), (2)(c), and (2.5) amended and (2)(a.5), (2.7), and (4) added, pp. 1203, 1204, §§ 7, 8, effective June 2. L. 2001: (2.9) added, p. 616, § 9, effective May 30; (2.4), (2.5)(a)(II.5), and (5) added and IP(2.5)(a) amended, pp. 750, 741, §§ 16, 17, 5, effective June 1; (2.5)(a) amended and (2.5)(a)(II.5) added, p. 756, § 7, effective June 1; (2.3) added, p. 508, § 2, effective July 1. L. 2003: (2)(a.5) amended, p. 1017, § 31, effective July 1; (2)(l) and (2)(m) amended and (2)(n) added, p. 855, § 4, effective August 6. L. 2006: (1), IP(2), and IP(2.5)(a)(I) amended and (2.2) added, p. 730, § 8, effective August 7. L. 2010: (2)(b) and (2.5)(a)(I)(C) amended,(SB 10-175), ch. 188, p. 804, § 77, effective April 29; (2)(c.5) amended,(HB 10-1352), ch. 259, p. 1175, § 24, effective August 11. L. 2012: (2)(c) amended,(HB 12-1311), ch. 281, p. 1629, § 78, effective July 1. L. 2013: (2)(c) amended and (2.6) added,(SB 13-283), ch. 332, p. 1895, § 15, effective May 28. History. Source: L. 67: P. 1043, § 3. C.R.S. 1963: § 119-8-8. L. 73: Pp. 529, 1224, §§ 73, 19. L. 74: (3) amended, p. 418, § 63, effective April 11. L. 75: (2)(b) amended, p. 1931, § 46, effective July 1. L. 82: (2)(c) amended, p. 255, § 15, effective May 3. L. 83: (2) and (3) amended, p. 1133, § 2, effective May 31. L. 86: (2)(a) and (2)(k)(II) amended and (2)(l) added, p. 1003, § 4, effective May 28. L. 87: (2)(k)(II) and (3) amended, p. 974, § 91, effective March 13; (2)(l) amended, p. 821, § 40, effective October 1. L. 91: (2)(b) amended, p. 1783, § 12, effective July 1. L. 94: (2)(h) amended, p. 2796, § 548, effective July 1. L. 96: IP(2), (2)(i), and (3) amended, p. 809, § 9, effective May 23; IP(2), (2)(a), (2)(b), (2)(h), and (3) amended and (2)(c.5) and (2.5) added, pp. 261, 263, §§ 9, 10, effective July 1. L. 98: (2)(l) amended, p. 831, § 60, effective August 5. L. 98: (2)(l) amended, p. 831, § 60, effective August 5. L. 99: IP(2) and (2)(l) amended and (2)(m) added, p. 1035, § 3, effective May 29; IP(2), (2)(c), and (2.5) amended and (2)(a.5), (2.7), and (4) added, pp. 1203, 1204, §§ 7, 8, effective June 2. L. 2001: (2.9) added, p. 616, § 9, effective May 30; (2.4), (2.5)(a)(II.5), and (5) added and IP(2.5)(a) amended, pp. 750, 741, §§ 16, 17, 5, effective June 1; (2.5)(a) amended and (2.5)(a)(II.5) added, p. 756, § 7, effective June 1; (2.3) added, p. 508, § 2, effective July 1. L. 2003: (2)(a.5) amended, p. 1017, § 31, effective July 1; (2)(l) and (2)(m) amended and (2)(n) added, p. 855, § 4, effective August 6. L. 2006: (1), IP(2), and IP(2.5)(a)(I) amended and (2.2) added, p. 730, § 8, effective August 7. L. 2010: (2)(b) and (2.5)(a)(I)(C) amended,(SB 10-175), ch. 188, p. 804, § 77, effective April 29; (2)(c.5) amended,(HB 10-1352), ch. 259, p. 1175, § 24, effective August 11. L. 2012: (2)(c) amended,(HB 12-1311), ch. 281, p. 1629, § 78, effective July 1. L. 2013: (2)(c) amended and (2.6) added,(SB 13-283), ch. 332, p. 1895, § 15, effective May 28.    Editor's note:   Amendments to subsections (2) and (3) by House Bill 96-1006 and House Bill 96-1180 were harmonized. Amendments to the introductory portion to subsection (2) by Senate Bill 99-152 and House Bill 99-1374 were harmonized.   Cross references:   For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.   ANNOTATION   Day care license revocation proceedings are civil in nature, but they occur in an administrative agency context. McPeck v. Colo. Dept. of Soc. Servs., 919 P.2d 942 (Colo. App. 1996).   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).