CO Code § 26-6-104 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 6 - Child Care Centers|Part 1 - Child Care Licensing|§ 26-6-104. Licenses - Out-of-State Notices and Consent - Demonstration Pilot Program - Definition - Rules

     Except as otherwise provided in paragraph (b) of this subsection (1) or elsewhere in this part 1, a person shall not operate an agency or facility defined in this part 1 without first being licensed by the state department to operate or maintain such agency or facility and paying the prescribed fee. Except as otherwise provided in paragraph (c) of this subsection (1), any license issued by the state department is permanent unless otherwise revoked or suspended pursuant to section 26-6-108.    A person operating a foster care home is not required to obtain a license from the state department to operate the foster care home if the person holds a certificate issued pursuant to section 26-6-106.3 to operate the home from any county department or a child placement agency licensed under the provisions of this part 1. A certificate is considered a license for the purpose of this part 1, including but not limited to the investigation and criminal history background checks required under sections 26-6-106.3 and 26-6-107.      On and after July 1, 2002, and contingent upon the time lines for implementation of the computer “trails” enhancements, child placement agencies that certify foster care homes shall be licensed annually until the implementation of any risk-based schedule for the renewal of child placement agency licenses pursuant to subparagraph (II) of this paragraph (c). The state board shall promulgate rules specifying the procedural requirements associated with the renewal of such child placement agency licenses. Such rules shall include requirements that the state department conduct assessments of the child placement agency. (c) (I) On and after July 1, 2002, and contingent upon the time lines for implementation of the computer “trails” enhancements, child placement agencies that certify foster care homes shall be licensed annually until the implementation of any risk-based schedule for the renewal of child placement agency licenses pursuant to subparagraph (II) of this paragraph (c). The state board shall promulgate rules specifying the procedural requirements associated with the renewal of such child placement agency licenses. Such rules shall include requirements that the state department conduct assessments of the child placement agency.    (A) On and after January 1, 2004, and upon the functionality of the computer “trails” enhancements, the state department may implement a schedule for relicensing of child placement agencies that certify foster care homes that is based on risk factors such that child placement agencies with low risk factors shall renew their licenses less frequently than child placement agencies with higher risk factors.    On and after July 1, 2021, all residential child care facilities must be licensed annually. The state board shall promulgate rules specifying the procedural requirements associated with the license renewal for residential child care facilities. The rules must include a requirement that the state department conduct assessments of the residential child care facility.       Repealed.       No person shall receive or accept a child under eighteen years of age for placement, or place any child either temporarily or permanently in a home, other than with persons related to the child, without first obtaining a license as a child placement agency from the department, and paying the fee prescribed therefor. (2.5) (Deleted by amendment, L. 96, p. 254 , § 5, effective July 1, 1996.)    A provisional license for a period of six months may be issued once to an applicant for an original license, permitting the applicant to operate a family child care home, foster care home, or child care center if the applicant is temporarily unable to conform to all standards required under this part 1, upon proof by the applicant that the applicant is attempting to conform to such standards or to comply with any other requirements. The applicant has the right to appeal any standard that the applicant believes presents an undue hardship or has been applied too stringently by the department. Upon the filing of an appeal, the department shall proceed in the manner prescribed for licensee appeals in section 26-6-106 (3).      The department shall not issue a license for a child care center, residential child care facility, or secure residential treatment center until the facilities to be operated or maintained by the applicant or licensee are approved by the department of public health and environment as conforming to the sanitary standards prescribed by the department pursuant to section 25-1.5-101 (1)(h) and unless the facilities conform to fire prevention and protection requirements of local fire departments in the locality of the facility or, in lieu thereof, of the division of labor standards and statistics.    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.       No person shall send or bring into this state any child for the purposes of foster care or adoption without sending notice of the pending placement and receiving the consent of the department or its designated agent to the placement. The notice shall contain:   The name and the date and place of birth of the child;    The identity and address or addresses of the parents or legal guardian;    The identity and address of the person sending or bringing the child;    The name and address of the person to or with which the sending person proposes to send, bring, or place the child;    A full statement of the reasons for the proposed action and evidence of the authority pursuant to which the placement is proposed to be made.       The state board of human services shall establish rules and regulations for the approval of foster care homes and child care centers that provide twenty-four-hour care of children between eighteen and twenty-one years of age for whom the county department is financially responsible and when placed in foster care by the county department. (6.5) On and after July 1, 2005, and subject to designation as a qualified accrediting entity as required by the “Intercountry Adoption Act of 2000”, 42 U.S.C. sec. 14901 et seq., the state department may license and accredit a child placement agency for purposes of providing adoption services for convention adoptions pursuant to the “Intercountry Adoption Act of 2000”, 42 U.S.C. sec. 14901 et seq. The state board of human services may adopt rules consistent with federal law governing the procedures for adverse actions regarding accreditation, which procedures may vary from the procedures set forth in the “State Administrative Procedure Act”, article 4 of title 24, C.R.S.        The state department shall not issue a license to operate a family child care home, a foster care home, a child care center, a residential child care facility, a secure residential treatment center, or a child placement agency, and any license or certificate issued prior to August 7, 2006, shall be revoked or suspended, if the applicant for the license or certificate, an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been convicted of: (a) (I)The state department shall not issue a license to operate a family child care home, a foster care home, a child care center, a residential child care facility, a secure residential treatment center, or a child placement agency, and any license or certificate issued prior to August 7, 2006, shall be revoked or suspended, if the applicant for the license or certificate, an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been convicted of:   Child abuse, as specified in section 18-6-401, C.R.S.;    A crime of violence, as defined in section 18-1.3-406, C.R.S.;    Any offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;    Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.; (D.5) Any felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a license or certificate;    A pattern of misdemeanor convictions, as defined by rule of the state board, within the ten years immediately preceding the date of submission of the application;    Any offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in sub-subparagraphs (A) to (E) of this subparagraph (I).       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.    Any applicant, licensee, or employee of the applicant or licensee who meets the definition of a department employee or an independent contractor, as those terms are defined in section 27-90-111 or who works for a contracting agency, as defined in section 27-90-111, and who will have direct contact with vulnerable persons, as defined in section 27-90-111 (2)(e), is required to submit to a state and national fingerprint-based criminal history record check in the same manner as required pursuant to section 27-90-111 (9); except that the state department shall not bear the cost of such criminal history record check required by this subsection (7)(a)(III). The state department may also conduct a comparison search on the Colorado state courts public access system to determine the crime or crimes for which the individual having direct contact with vulnerable persons was arrested or convicted and the disposition of such crime or crimes. The criminal history record check required by this subsection (7)(a)(III) must be submitted to the state department prior to the individual having direct contact with vulnerable persons, and an applicant, licensee, or employee of an applicant or licensee must not be allowed to have direct contact with vulnerable persons if he or she does not meet the requirements set forth in this subsection (7) and in section 27-90-111 (9).       The convictions identified in paragraph (a) of this subsection (7) 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). A certified copy of the judgment of a court of competent jurisdiction of such conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement shall be prima facie evidence of such conviction or agreement. No license or certificate to operate a family child care home, a foster care home, a child care center, a residential child care facility, a secure residential child care facility, or a child placement agency shall be issued if the state department has a certified court order from another state indicating that the person applying for such a license or certificate has been convicted of child abuse or any unlawful sexual offense against a child under a law of any other state or the United States or the state department has a certified court order from another state that the person applying for the license or certificate has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child. (7.5)   No later than January 1, 2004, the state board shall promulgate rules that require all current and prospective employees of a county department who in their position have direct contact with any child in the process of being placed, or who has been placed, in foster care to submit a set of fingerprints for purposes of obtaining a fingerprint-based criminal history record check, unless the person has already submitted a set of fingerprints. The check must be conducted in the same manner as provided in subsection (7) of this section and in section 26-6-107 (1)(a). The person's employment is conditional upon a satisfactory criminal background check and subject to the same grounds for denial or dismissal as set forth in subsection (7) of this section and in section 26-6-107 (1)(a). The costs for the fingerprint-based criminal history record check must be borne by the applicant.    When the results of a fingerprint-based criminal history record check performed pursuant to this subsection (7.5) reveal a record of arrest without a disposition, the state department shall require the person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). The costs for the name-based criminal history record check must be borne by the applicant.          The state department shall not issue a license to operate any agency or facility defined in this part 1 if the person applying for such license or an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility:   Has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, 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 applicant is incapable of operating a family child care home, foster care home, child care center, or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof.    (Deleted by amendment,L. 2006, p. 725, § 3, effective August 7, 2006.)       The state department is strongly encouraged to examine and report to the general assembly on the benefits of licensing any private, nonprofit child placement agency that is dedicated to serving the special needs of foster care children through services delivered by specialized foster care parents in conjunction with and supported by staff of the child placement agency. Such child placement agencies examined shall be able to:   Offer the following services:   Provision of educated, skilled, and experienced foster care parents;    Social work support for the foster care child and foster care family;    Twenty-four-hour, on-call availability;    Monthly foster care parent support group meetings;    On-going educational and networking opportunities for any foster care family;    Individualized treatment plans developed through team collaboration;    Professional and family networking opportunities; and    Respite support and reimbursement;       Provide a form of specialized foster care including, but not limited to, the following types of care:   (Deleted by amendment,L. 2003, p. 1874, § 3, effective May 22, 2003.)    Medical foster care;    Respite foster care;    (Deleted by amendment,L. 2003, p. 1874, § 3, effective May 22, 2003.)    Therapeutic foster care;    Developmentally disabled foster care; and    Treatment foster care.           History. Source: L. 67: P. 1041, § 3. C.R.S. 1963: § 119-8-4. L. 69: P. 994, § 4. L. 72: P. 617, § 148. L. 75: (4) amended, p. 217, § 54, effective July 16. L. 77: (5) added, p. 1006, § 7, effective May 16; (1) amended and (6) added, p. 1359, § 1, effective June 1. L. 83: (7) added, p. 1133, § 1, effective May 31. L. 86: (7) amended, p. 1001, § 2, effective May 28. L. 90: (1), (3), and (4) amended and (2.5) added, p. 1396, § 8, effective May 24. L. 94: (4) amended, p. 2796, § 547, effective July 1; (3) amended, p. 1045, § 4, effective January 1, 1995. L. 96: (1), (2.5), (3), and (7) amended, p. 806, § 5, effective May 23; (1) to (4), (6), and (7) amended, p. 254, § 5, effective July 1. L. 99: (1) and (7) amended, p. 1198, § 2, effective June 2. L. 2000: (1) amended, p. 38, § 4, effective May 14. L. 2001: (7)(b) amended, p. 614, § 7, effective May 30; (1) and (7) amended and (8) added, p. 743, § 11, effective June 1; (7) amended and (9) added, p. 754, § 4, effective June 1. L. 2002: (1)(a) amended, p. 411, § 5, effective July 1; (7)(a)(I)(C) amended, p. 1190, § 34, effective July 1; (7)(a)(I)(B) amended, p. 1540, § 277, effective October 1. L. 2003: (1)(b)(II), (7)(a)(I)(A), (7)(a)(I)(E), (7)(b), and (9)(b) amended and (7.5) added, p. 1874, § 3, effective May 22; (4) amended, p. 713, § 50, effective July 1; (1)(d) added, p. 854, § 2, effective August 6. L. 2004: IP(7)(a)(I) amended, p. 543, § 3, effective August 4. L. 2005: (6.5) added, p. 969, § 2, effective June 2. L. 2006: (9)(b) amended, p. 520, § 2, effective April 18; (1)(b)(I), (3), (7)(a)(I), and (8) amended and (1)(b)(IV) added, p. 725, § 3, effective August 7; (1)(d)(III) amended and (1)(d)(IV) added, p. 284, § 2, effective August 7; IP(7)(a)(I) amended, p. 1517, § 86, effective August 7. L. 2010: (8)(a) amended,(SB 10-175), ch. 188, p. 804, § 76, effective April 29. L. 2015: (1)(a), (1)(b), (3), IP(7)(a)(I), (7)(a)(I)(C), and IP(8) amended and (1)(d) repealed,(SB 15-087), ch. 263, p. 1002, § 3, effective June 2. L. 2016: (4) amended,(HB 16-1323), ch. 131, p. 381, § 20, effective August 10. L. 2018: (7)(a)(III) added,(HB 18-1411), ch. 238, p. 1483, § 1, effective May 24. L. 2019: (7.5) amended,(HB 19-1166), ch. 125, p. 555, § 45, effective April 18. L. 2020: (1)(c)(III) added,(SB 20-162), ch. 221, p. 1092, § 9, effective July 2. L. 2021: (4) amended,(SB 21-167), ch. 131, p. 528, § 2, effective September 7. History. Source: L. 67: P. 1041, § 3. C.R.S. 1963: § 119-8-4. L. 69: P. 994, § 4. L. 72: P. 617, § 148. L. 75: (4) amended, p. 217, § 54, effective July 16. L. 77: (5) added, p. 1006, § 7, effective May 16; (1) amended and (6) added, p. 1359, § 1, effective June 1. L. 83: (7) added, p. 1133, § 1, effective May 31. L. 86: (7) amended, p. 1001, § 2, effective May 28. L. 90: (1), (3), and (4) amended and (2.5) added, p. 1396, § 8, effective May 24. L. 94: (4) amended, p. 2796, § 547, effective July 1; (3) amended, p. 1045, § 4, effective January 1, 1995. L. 96: (1), (2.5), (3), and (7) amended, p. 806, § 5, effective May 23; (1) to (4), (6), and (7) amended, p. 254, § 5, effective July 1. L. 99: (1) and (7) amended, p. 1198, § 2, effective June 2. L. 2000: (1) amended, p. 38, § 4, effective May 14. L. 2001: (7)(b) amended, p. 614, § 7, effective May 30; (1) and (7) amended and (8) added, p. 743, § 11, effective June 1; (7) amended and (9) added, p. 754, § 4, effective June 1. L. 2002: (1)(a) amended, p. 411, § 5, effective July 1; (7)(a)(I)(C) amended, p. 1190, § 34, effective July 1; (7)(a)(I)(B) amended, p. 1540, § 277, effective October 1. L. 2003: (1)(b)(II), (7)(a)(I)(A), (7)(a)(I)(E), (7)(b), and (9)(b) amended and (7.5) added, p. 1874, § 3, effective May 22; (4) amended, p. 713, § 50, effective July 1; (1)(d) added, p. 854, § 2, effective August 6. L. 2004: IP(7)(a)(I) amended, p. 543, § 3, effective August 4. L. 2005: (6.5) added, p. 969, § 2, effective June 2. L. 2006: (9)(b) amended, p. 520, § 2, effective April 18; (1)(b)(I), (3), (7)(a)(I), and (8) amended and (1)(b)(IV) added, p. 725, § 3, effective August 7; (1)(d)(III) amended and (1)(d)(IV) added, p. 284, § 2, effective August 7; IP(7)(a)(I) amended, p. 1517, § 86, effective August 7. L. 2010: (8)(a) amended,(SB 10-175), ch. 188, p. 804, § 76, effective April 29. L. 2015: (1)(a), (1)(b), (3), IP(7)(a)(I), (7)(a)(I)(C), and IP(8) amended and (1)(d) repealed,(SB 15-087), ch. 263, p. 1002, § 3, effective June 2. L. 2016: (4) amended,(HB 16-1323), ch. 131, p. 381, § 20, effective August 10. L. 2018: (7)(a)(III) added,(HB 18-1411), ch. 238, p. 1483, § 1, effective May 24. L. 2019: (7.5) amended,(HB 19-1166), ch. 125, p. 555, § 45, effective April 18. L. 2020: (1)(c)(III) added,(SB 20-162), ch. 221, p. 1092, § 9, effective July 2. L. 2021: (4) amended,(SB 21-167), ch. 131, p. 528, § 2, effective September 7.    Editor's note:    Amendments to subsections (1), (2.5), (3), and (7) by House Bill 96-1006 and House Bill 96-1180 were harmonized. Amendments to subsection (7) by Senate Bill 01-012, Senate Bill 01-014, and Senate Bill 01-032 were harmonized.    Subsection (9) was originally numbered as (8) in Senate Bill 01-014 but has been renumbered on revision for ease of location.    Subsection (1)(d)(IV)(B) provided for the repeal of subsection (1)(d)(IV), effective July 1, 2009. (SeeL. 2006, p. 284.)    Provisions similar to subsections (1)(b)(II), (1)(b)(III), (1)(b)(IV), and (1)(d), as they existed prior to 2015, are located in § 26-6-106.3.     Cross references:   For the legislative declaration contained in the 1994 act amending subsection (4), see section 1 of chapter 345, Session Laws of Colorado 1994; for the legislative declaration contained in the 2002 act amending subsection (7)(a)(I)(B), see section 1 of chapter 318, Session Laws of Colorado 2002.   ANNOTATION   Law reviews. For note, “Licensing of Occupations and Professions in Colorado”, see 35 Dicta 235 (1958). For article, “Adoption Procedures of Minor Children in Colorado”, see 12 Colo. Law. 1057 (1983).