CO Code § 26-6-107 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 6 - Child Care Centers|Part 1 - Child Care Licensing|§ 26-6-107. Investigations and Inspections - Local Authority - Reports - Rules

        The state department shall investigate and pass on each original application for a license, each application for a permanent or time-limited license following the issuance of a probationary or provisional license, and each application for renewal, to operate a facility or an agency prior to granting such license or renewal. As part of such investigation, the state department shall require each individual, including but not limited to the applicant, any owner, employee, newly hired employee, licensee, and any adult who is eighteen years of age and older who resides in the licensed facility to obtain a fingerprint-based criminal history record check by reviewing any record that is used to assist the state department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section 26-6-104 (7) or any other felony. The state board shall promulgate rules that define and identify what the criminal history record check entails. (a) (I) (A) The state department shall investigate and pass on each original application for a license, each application for a permanent or time-limited license following the issuance of a probationary or provisional license, and each application for renewal, to operate a facility or an agency prior to granting such license or renewal. As part of such investigation, the state department shall require each individual, including but not limited to the applicant, any owner, employee, newly hired employee, licensee, and any adult who is eighteen years of age and older who resides in the licensed facility to obtain a fingerprint-based criminal history record check by reviewing any record that is used to assist the state department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section 26-6-104 (7) or any other felony. The state board shall promulgate rules that define and identify what the criminal history record check entails.    Rules promulgated by the state board pursuant to this subsection (1)(a)(I) must allow an exemption from the fingerprint-based criminal history record check and the check of the records and reports of child abuse or neglect maintained by the state department for those out-of-state employees working in Colorado at a children's resident camp in a temporary capacity for a camp that is in operation for fewer than ninety days. Each person so exempted from fingerprinting and the check of the records and reports of child abuse or neglect maintained by the state department shall sign a statement that affirmatively states that he or she has not been convicted of any charge of child abuse, unlawful sexual offense, or any felony. Prospective employers of such exempted persons shall conduct reference checks of the prospective employees in order to verify previous work history and shall conduct personal interviews with each such prospective employee.    Rules promulgated by the state board pursuant to this subsection (1)(a)(I) must require the fingerprint-based criminal history record check in all circumstances, other than those identified in subsection (1)(a)(I)(B) or (1)(a)(I)(C.7) of this section, to include a fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation and, for any new owner, new applicant, newly hired employee, new licensee, or individual who begins residing in the licensed facility. As part of the investigation, the records and reports of child abuse or neglect maintained by the state department must be accessed to determine whether the owner, applicant, employee, newly hired employee, licensee, or individual who resides in the licensed facility being investigated has been found to be responsible in a confirmed report of child abuse or neglect. Information is made available pursuant to section 19-1-307 (2)(j) and rules promulgated by the state board pursuant to section 19-3-313.5 (4). Except as provided for in subsection (1)(a)(I)(C.7) of this section, any change in ownership of a licensed facility or the addition of a new resident adult or newly hired employee to the licensed facility requires a new investigation as provided for in this section.  (C.5) (Deleted by amendment, L. 2011, (HB 11-1145), ch. 163, p. 562, § 3, effective August 10, 2011.)   (C.7) Where two or more individually licensed facilities are wholly owned, operated, and controlled by a common ownership group or school district, a fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect maintained by the department, completed for one of the licensed facilities of the common ownership group or school district pursuant to this section for any individual for whom such a check is required under this part 1 may satisfy the record check requirement for any other licensed facility under the same common ownership group or school district. A new fingerprint-based criminal history record check or new check of the records and reports of child abuse or neglect maintained by the department is not required of such an individual if the common ownership group or school district maintains a central records management system for employees of all its licensed facilities; takes action as required pursuant to section 26-6-104 when informed of the results of a fingerprint-based criminal history record check or check of the records and reports of child abuse or neglect maintained by the department that requires action pursuant to this part 1; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control.     The state board shall promulgate rules to implement this subparagraph (I). (I.5) Rules promulgated by the state board pursuant to subsection (1)(a)(I) of this section must also include:       If the operator of a facility or agency refuses to hire an applicant as a result of information disclosed in the investigation of the applicant pursuant to subparagraph (I) of this paragraph (a), the employer shall not be subject to civil liability for such refusal to hire. If a former employer of the applicant releases information requested by the prospective employer pertaining to the applicant's former performance, the former employer shall not be subject to civil liability for the information given.  (a.5) An applicant for certification as a foster care home shall provide the child placement agency or the county department from whom the certification is sought with a list of all the prior child placement agencies and county departments to which the applicant had previously applied, and a release of information from such child placement agencies and county departments to which the applicant had previously applied, to obtain information about the application and any certification given by such child placement agencies and county departments. A child placement agency or county department from whom the certification is sought shall conduct a reference check of the applicant and any adult resident of the foster care home by contacting all of the child placement agencies and county departments identified by the applicant before issuing the certification for that foster care home. Child placement agencies and county departments shall be held harmless for information released, in good faith, to other child placement agencies or county departments.    (a.7) (I) For all applicants applying to be a foster care home or kinship foster care home, regardless of reimbursement, the county department or child placement agency shall require each adult who is eighteen years of age or older and who resides in the home to obtain a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation. The applicant must provide the county department or child placement agency with the addresses where the applicant and any adult residing in the home has lived in the preceding five years, including addresses from other states. The county department or the child placement agency shall conduct the following background checks of the applicant or an adult residing in the home:   A fingerprint-based criminal history record check to determine if the applicant or adult residing in the home has been convicted of any of the crimes listed in section 26-6-106.3 (5)(a);    A check of the ICON system at the state judicial department to determine the status or disposition of any pending criminal charges brought against the applicant or adult who resides in the home that were identified by the fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation;    A check of the state department's automated database for information to determine if the applicant or adult who resides in the home has been identified as having a finding of child abuse or neglect and whether such finding has been determined to present an unsafe placement for a child;    A check against the state's sex offender registry and against the national sex offender public registry operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if the applicant or adult who resides at the home is a registered sex offender; and    When the results of a fingerprint-based criminal history record check performed pursuant to this subsection (1)(a.7)(I) reveal a record of arrest without a disposition, a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).       In addition to the fingerprint-based criminal history record check, the county department or child placement agency shall contact the appropriate entity in each state in which the applicant or any adult residing in the home has resided within the preceding five years to determine whether the individual has been found to be responsible in a confirmed report of child abuse or neglect.    The screening request in Colorado for criminal history record checks through the Colorado bureau of investigation and the federal bureau of investigation shall be made pursuant to section 19-1-307 (2)(k.5), C.R.S., rules promulgated by the state board pursuant to section 19-3-313.5, C.R.S., and 42 U.S.C. sec. 671 (a)(20).    An investigation pursuant to this paragraph (a.7) shall be conducted for any new resident adult whenever the adult is added to the foster care home or kinship care home. Information obtained from any state records of abuse or neglect shall not be used for any purpose other than conducting the investigation for placement or certification.            When the state department, county department, or child placement agency is able to certify that the applicant or licensee is competent and will operate adequate facilities to care for children under the requirements of this part 1 and that standards are being met and will be complied with, it shall issue the license for which applied. The state department shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license is granted and shall thereafter inspect or cause to be inspected the facilities of all licensees that, during the period of licensure, have been found to be the subject of complaints or to be out of compliance with the standards set forth in section 26-6-106 and the rules of the state department or that otherwise appear to be placing children at risk. The state department may make such other inspections as it deems necessary to ensure that the requirements of this article are being met and that the health, safety, and welfare of the children being placed are protected. If, as a result of an inspection of a certified foster care home, the state department determines that any child residing in such foster care home is subject to an immediate and direct threat to his or her safety and welfare as defined by rules promulgated by the state board or that a substantial violation of a fundamental standard of care warrants immediate action, the state department may require a county department to immediately remove such child from the foster care home. (b) (I) When the state department, county department, or child placement agency is able to certify that the applicant or licensee is competent and will operate adequate facilities to care for children under the requirements of this part 1 and that standards are being met and will be complied with, it shall issue the license for which applied. The state department shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license is granted and shall thereafter inspect or cause to be inspected the facilities of all licensees that, during the period of licensure, have been found to be the subject of complaints or to be out of compliance with the standards set forth in section 26-6-106 and the rules of the state department or that otherwise appear to be placing children at risk. The state department may make such other inspections as it deems necessary to ensure that the requirements of this article are being met and that the health, safety, and welfare of the children being placed are protected. If, as a result of an inspection of a certified foster care home, the state department determines that any child residing in such foster care home is subject to an immediate and direct threat to his or her safety and welfare as defined by rules promulgated by the state board or that a substantial violation of a fundamental standard of care warrants immediate action, the state department may require a county department to immediately remove such child from the foster care home.    The state board shall adopt rules concerning the on-site public availability of the most recent inspection report results of child care center facilities and family child care home facilities, when requested. The state board shall also adopt rules concerning a requirement that all facilities licensed under this part 1 post their licenses and information regarding the procedures for filing a complaint under this part 1 directly with the state department, which rules shall require that each such facility display its license and complaint procedures in a prominent and conspicuous location at all times during operational hours of the facility; except that such rules shall not require foster care homes to post their licenses and such rules shall not require foster care homes and child placement agencies to post information regarding the procedures for filing a complaint under this part 1 directly with the state department. The state board shall adopt rules requiring foster care homes to make their licenses available to their patrons for inspection, upon request, and requiring foster care homes and child placement agencies to make the information concerning the filing of complaints available to their patrons for inspection, upon request.    If, as a result of an inspection of a licensed child care center facility or family child care home facility, the state department determines that there were no serious violations of any of the standards prescribed and published by the state department or any of the provisions of this part 1, within twenty days after completing the inspection the state department shall send a written notice to such facility indicating such fact. Within ten days after receipt of such written notice, the licensee shall provide a copy of the written notice to the parents and legal guardians of the children cared for at the child care center facility or family child care home facility. (1.5) Repealed.    The state department shall not authorize or contract with any county department, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children for investigations and inspections described in subparagraph (I) of this paragraph (a) of any facilities that provide twenty-four-hour care and are licensed pursuant to this part 1.            , the state department may authorize or contract with any county department, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children to investigate and inspect the facilities applying for an original or renewal license or applying for a permanent license following the issuance of a probationary or provisional license under this part 1 and may accept reports on such investigations and inspections from such agencies or organizations as a basis for such licensing. When contracting for investigations and inspections, the state department shall assure that the contractor is qualified by training and experience and has no conflict of interest with respect to the facilities to be inspected.    A city, county, or city and county may impose and enforce higher standards and requirements for facilities licensed under this part 1 than the standards and requirements specified under this part 1.       Every facility licensed under this part 1 shall keep and maintain such records as the department may prescribe pertaining to the admission, progress, health, and discharge of children under the care of the facility, and shall report relative thereto to the department whenever called for, upon forms prescribed by the department. All records regarding children and all facts learned about children and their relatives shall be kept confidential both by the facility and the department.    Within available appropriations, the state department shall monitor, on at least a quarterly basis, the county department certification of foster care homes.    As described in section 19-3.3-103, the state department and the office of the child protection ombudsman shall coordinate site visits to investigate and review residential child care facilities that house unaccompanied immigrant children who are in the custody of the office of refugee resettlement of the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The state department and the office of the child protection ombudsman may share final reports based on their site visits.     (A) A comparison search on the ICON system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the state department determines is appropriate for each circumstance in which the CBI fingerprint check either does not confirm a criminal history or confirms a criminal history, in order to determine the crime or crimes for which the person was arrested or convicted and the disposition thereof;   (B) Any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the state board; and   (C) When the results of an investigation performed pursuant to subsection (1)(a)(I) of this section or this subsection (1)(a)(I.5) reveal a record of arrest without a disposition, a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d) .   History. Source: L. 67: P. 1043, § 3. C.R.S. 1963: § 119-8-7. L. 77: (1) amended, p. 1360, § 3, effective June 1. L. 83: (1) amended, p. 1131, § 3, effective May 25. L. 86: (1) amended, p. 1002, § 3, effective May 28. L. 90: (1)(a) R&RE and (2) amended, pp. 1390, 1391, §§ 5, 6, effective May 4. L. 93: (1)(a)(I) amended, p. 872, § 1, effective May 6. L. 96: (1)(b), (2), and (3) amended, p. 808, § 8, effective May 23; (1)(a)(I), (1)(b), and (2) amended and (1.5) added, p. 260, § 8, effective July 1. L. 99: (1)(a)(I) and (1)(b) amended and (1)(a.5) added, pp. 1201, 1202, §§ 5, 6, effective June 2. L. 2000: (1)(a)(I) amended, p. 39, § 7, effective May 14; (1)(b)(I) amended, p. 1260, § 2, effective May 26. L. 2001: (1)(a)(I) amended and (1)(a)(I.5) added, p. 615, § 8, effective May 30; (1)(a)(I), (1)(a.5), (1)(b), and (2) amended, p. 747, § 14, effective June 1. L. 2002: (1)(b)(II) amended, p. 15, § 1, effective March 13. L. 2003: (1)(b)(I) and (2) amended and (4) added, p. 1876, § 4, effective May 22; (1.5) repealed, p. 855, § 3, effective August 6; (1)(a)(I) amended, p. 1410, § 19, effective January 1, 2004. L. 2006: (1)(a)(I)(A) and (1)(a)(I)(B) amended, p. 730, § 7, effective August 7. L. 2007: (1)(a.7) added, p. 1020, § 12, effective May 22. L. 2010: (1)(a)(I)(C) amended and (1)(a)(I)(C.5) added,(HB 10-1106), ch. 278, p. 1271, § 1, effective May 26. L. 2011: (1)(a)(I)(C) amended and (1)(a)(I)(C.7) added,(HB 11-1102), ch. 29, p. 72, § 1, effective March 18; (1)(a)(I)(C) and (1)(a)(I)(C.5) amended,(HB 11-1145), ch. 163, p. 562, § 3, effective August 10. L. 2015: (1)(a.5) and (1)(a.7) amended,(SB 15-087), ch. 263, p. 1010, § 6, effective June 2. L. 2017: (1)(a)(I)(C.7) amended,(HB 17-1135), ch. 53, p. 165, § 1, effective August 9. L. 2019: (1)(a)(I.5), (1)(a.7)(I)(C), and (1)(a.7)(I)(D) amended and (1)(a.7)(I)(E) added,(HB 19-1166), ch. 125, p. 556, § 47, effective April 18; (1)(a)(I)(A), (1)(a)(I)(B), and (1)(a)(I)(C) amended,(SB 19-177), ch. 311, p. 2811, § 2, effective August 2. L. 2021: (5) added,(HB 21-1313), ch. 416, p. 2769, § 3, effective July 2. History. Source: L. 67: P. 1043, § 3. C.R.S. 1963: § 119-8-7. L. 77: (1) amended, p. 1360, § 3, effective June 1. L. 83: (1) amended, p. 1131, § 3, effective May 25. L. 86: (1) amended, p. 1002, § 3, effective May 28. L. 90: (1)(a) R&RE and (2) amended, pp. 1390, 1391, §§ 5, 6, effective May 4. L. 93: (1)(a)(I) amended, p. 872, § 1, effective May 6. L. 96: (1)(b), (2), and (3) amended, p. 808, § 8, effective May 23; (1)(a)(I), (1)(b), and (2) amended and (1.5) added, p. 260, § 8, effective July 1. L. 99: (1)(a)(I) and (1)(b) amended and (1)(a.5) added, pp. 1201, 1202, §§ 5, 6, effective June 2. L. 2000: (1)(a)(I) amended, p. 39, § 7, effective May 14; (1)(b)(I) amended, p. 1260, § 2, effective May 26. L. 2001: (1)(a)(I) amended and (1)(a)(I.5) added, p. 615, § 8, effective May 30; (1)(a)(I), (1)(a.5), (1)(b), and (2) amended, p. 747, § 14, effective June 1. L. 2002: (1)(b)(II) amended, p. 15, § 1, effective March 13. L. 2003: (1)(b)(I) and (2) amended and (4) added, p. 1876, § 4, effective May 22; (1.5) repealed, p. 855, § 3, effective August 6; (1)(a)(I) amended, p. 1410, § 19, effective January 1, 2004. L. 2006: (1)(a)(I)(A) and (1)(a)(I)(B) amended, p. 730, § 7, effective August 7. L. 2007: (1)(a.7) added, p. 1020, § 12, effective May 22. L. 2010: (1)(a)(I)(C) amended and (1)(a)(I)(C.5) added,(HB 10-1106), ch. 278, p. 1271, § 1, effective May 26. L. 2011: (1)(a)(I)(C) amended and (1)(a)(I)(C.7) added,(HB 11-1102), ch. 29, p. 72, § 1, effective March 18; (1)(a)(I)(C) and (1)(a)(I)(C.5) amended,(HB 11-1145), ch. 163, p. 562, § 3, effective August 10. L. 2015: (1)(a.5) and (1)(a.7) amended,(SB 15-087), ch. 263, p. 1010, § 6, effective June 2. L. 2017: (1)(a)(I)(C.7) amended,(HB 17-1135), ch. 53, p. 165, § 1, effective August 9. L. 2019: (1)(a)(I.5), (1)(a.7)(I)(C), and (1)(a.7)(I)(D) amended and (1)(a.7)(I)(E) added,(HB 19-1166), ch. 125, p. 556, § 47, effective April 18; (1)(a)(I)(A), (1)(a)(I)(B), and (1)(a)(I)(C) amended,(SB 19-177), ch. 311, p. 2811, § 2, effective August 2. L. 2021: (5) added,(HB 21-1313), ch. 416, p. 2769, § 3, effective July 2.    Editor's note:   Amendments to subsections (1)(b) and (2) by House Bill 96-1006 and House Bill 96-1180 were harmonized. Amendments to subsection (1)(a)(I) by Senate Bill 01-012 and Senate Bill 01-032 were harmonized. Amendments to subsection (1)(a)(I)(C) by House Bill 11-1102 and House Bill 11-1145 were harmonized.   Cross references:   For the legislative declaration and report to the general assembly contained in the 1990 act amending this section, see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990. For the legislative declaration contained in the 2003 act amending subsection (1)(a)(I), see section 1 of chapter 196, Session Laws of Colorado 2003.   ANNOTATION   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).