2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-910 - [Effective Until 9/1/2024] Certification and annual recertification of foster care homes by county departments and licensed child placement agencies - background and reference check requirements - definition

(1)
This section applies to foster care homes, including kinship foster care homes, certified by county departments or licensed child placement agencies. Except as otherwise provided in subsection (4) of this section, this section does not apply to foster care homes that are licensed by the state department pursuant to the requirements of section
26-6-905
and that do not receive money from the counties or children placed by the counties. A foster care home licensed by the state department must undergo all of the background checks and requirements set forth in section
26-6-905
or as otherwise stated in this part 9.
(2)
A person operating a foster care home shall obtain a certificate to operate the home from a county department or a child placement agency licensed pursuant to the provisions of this part 9. A certificate is considered a license for the purpose of this part 9, including but not limited to the investigation and criminal history background checks required pursuant to this section and section
26-6-912
. Each certificate must be in the form prescribed and provided by the state department, certify that the person operating the foster care home is a suitable person to operate a foster care home or provide care for a child, and contain any other information that the state department requires. A child placement agency issuing or renewing any such certificate shall notify the state department about the certification in a method and time frame as set by rule adopted by the state board.
(3)
A foster care home, when certified by a county department or licensed child placement agency, may receive for care a child from a source other than the certifying county department or child placement agency upon the written consent and approval of the certifying county department or child placement agency.
(4)
A county department or licensed child placement agency may certify a facility as a foster care home that is also licensed as a family child care home, as defined in section
26.5-5-303
, by the department of early childhood so long as the licensure and certification are provided by two separate licensing entities.
(5)
Prior to issuing a certificate or a recertification to an applicant to operate a foster care home, a county department or a child placement agency licensed pursuant to the provisions of this part 9 shall conduct the following background checks for the applicant for a certificate, a person employed by the applicant, or a person who resides at the facility or the home:
(a)
A fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation to determine if the applicant, employee, or a person who resides at the facility or the home has been convicted of:
(I)
Child abuse, as specified in section
18-6-401
;
(II)
A crime of violence, as defined in section
18-1.3-406
;
(III)
An offense involving unlawful sexual behavior, as defined in section
16-22-102 (9)
;
(IV)
A 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
;
(V)
A felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a certificate;
(VI)
A pattern of misdemeanor convictions, as defined by rule of the state board, within the ten years preceding the date of the application for the certificate; or
(VII)
An offense in another state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section;
(b)
A check of the ICON system at the state judicial department to determine the status or disposition of any criminal charges brought against the applicant, the employee, or a person who resides at the facility or 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;
(c)
A check of the state department's automated database for information to determine if the person, employee, or person who resides at the facility or the home has been identified as having a finding of child abuse or neglect and whether the finding has been determined to present an unsafe placement for a child;
(d)
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, employee, or person who resides at the facility or the home is a registered sex offender; and
(e)
When the results of a fingerprint-based criminal history record check or any other record check performed pursuant to this subsection (5) reveal a record of arrest without a disposition, the county department or licensed child placement agency shall require the person to submit to a name-based judicial record check, as defined in section
22-2-119.3 (6)(d)
.
(6)
A county department or a child placement agency licensed pursuant to the provisions of this part 9 shall not issue a certificate to operate, or a recertification to operate, a foster care home and shall revoke or suspend a certificate if the applicant for the certificate, a person employed by the applicant, or a person who resides at the facility or home:
(a)
Has been convicted of any of the crimes listed in subsection (5)(a) of this section as verified through a fingerprint-based criminal history record check, a name-based judicial record check, if necessary, and a check of the ICON system at the state judicial department;
(b)
Has been identified as having a finding of child abuse or neglect through a check of the state department's automated database and such finding has been determined to present an unsafe placement for a child;
(c)
Is a registered sex offender in the sex offender registry created pursuant to section
16-22-110
or is a registered sex offender in another state as determined by a check of the national sex offender public registry operated by the United States department of justice; except that this provision does not apply to an adult resident who has been placed in the foster care facility or home for treatment under an adult child waiver. The sex offender registry checks must check the known names and addresses of the applicant, employee, or a person who resides at the facility or the home in the interactive database system for Colorado and in the national sex offender public registry against all of the registrant's known names and addresses.
(7)
As used in this section, "convicted" means a conviction by a jury or by a court and includes a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, or a plea of guilty or nolo contendere; except that this does not apply to a diversion or deferral or plea for a juvenile who participated in diversion, as defined in section
19-2.5-102
, and does not apply to a diversion or deferral or plea for a person who participated in and successfully completed the child abuse and child neglect diversion program, as described in section
19-3-310
.
(8)
(a)
The convictions identified in subsections (5)(a) and (6)(a) of this section must be determined according to the records of the Colorado bureau of investigation or the federal bureau of investigation and the ICON system at the state judicial department. The screening request in Colorado must be made pursuant to section
19-1-307 (2)
(k.5), rules promulgated by the state board pursuant to section
19-3-313.5
, and
42 U.S.C. sec. 671(a)(20)
. A certified copy of the judgment of a court of competent jurisdiction of the conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence of a conviction or agreement.
(b)
The county department or licensed child placement agency shall not issue a certificate to operate a foster care home or a kinship foster care home if the state department or the county department has a certified court order from another state indicating that the person applying for the certificate:
(I)
Has been convicted of child abuse or any unlawful sexual offense against a child under a law of another state or the United States, the elements of which are substantially similar to the elements of any of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section; or
(II)
Has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child, the elements of which are substantially similar to the elements of any of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section.
(9)
Notwithstanding any other provision of this part 9, a person shall not operate a foster care home that is certified by a county department or by a licensed child placement agency if the person is a relative of an employee of the child welfare division or unit of the county department certifying the foster care home or a relative of an owner, officer, executive, member of the governing board, or employee of the child placement agency certifying the foster care home. If the person files an application with a county department or a child placement agency that would violate the provisions of this subsection (9) by certifying the foster care home, the county department or child placement agency shall refer the application to another county department or child placement agency. Unless otherwise prohibited, the county department or child placement agency to which the application is referred may certify and supervise a foster care home operated by the person. The county department that referred the application may place a child in the county-certified foster care home upon written agreement of the two county departments.
(10)
Notwithstanding any other provision of this part 9, an owner, officer, executive, member of the governing board, or employee of a child placement agency licensed pursuant to this part 9 or a relative of said owner, officer, executive, member, or employee, shall not hold a beneficial interest in property operated or intended to be operated as a foster care home, when the property is certified by the child placement agency as a foster care home.
(11)
A county department or licensed child placement agency may issue a one-time provisional certificate for a period of six months to an applicant for an original certificate that permits the applicant to operate a foster care home if the applicant is temporarily unable to conform to all of the standards required under this part 9 upon proof by the applicant that the applicant is attempting to conform to the standards or to comply with any other requirements. The applicant has a right to appeal to the state department any standard that the applicant believes presents an undue hardship or has been applied too stringently by the county department or licensed child placement agency. Upon the filing of an appeal, the state department shall proceed in the manner prescribed for licensee appeals in section
26-6-909 (4)
.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.