2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 5 - QUALITY IMPROVEMENT INITIATIVES (§§ 26.5-5-101 — 26.5-5-331) › Part 3 - CHILD CARE LICENSING (§§ 26.5-5-301 — 26.5-5-331) › Section 26.5-5-303 - [Effective 8/7/2024] Definitions

As used in this part 3, unless the context otherwise requires:
(1)
"Adverse action" has the same meaning as "negative licensing action" as defined in subsection (16)(a) of this section.
(1.5)
"Affiliate of a licensee" means:
(a)
Any person or entity that owns more than five percent of the ownership interest in the business operated by the licensee or the applicant for a license; or
(b)
Any person who is directly responsible for the care and welfare of children served; or
(c)
Any executive, officer, member of the governing board, or employee of a licensee; or
(d)
A relative of a licensee, which relative provides care to children at the licensee's facility or is otherwise involved in the management or operations of the licensee's facility.
(2)
"Application" means a declaration of intent to obtain or continue a license for a child care facility.
(3)
(a)
"Child care center" means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children, unless otherwise specified in this subsection (3), who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as child care centers, school-age child care centers, before- and after-school programs, kindergartens, preschools, outdoor nature-based preschool programs, day camps, and summer camps, and includes those facilities for children under six years of age with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term does not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades.
(b)
Notwithstanding the provisions of subsection (3)(a) of this section, a child care center that operates as an outdoor nature-based preschool program serves children who are at least three years of age but under eight years of age.
(4)
"Child care provider", as used in section
26.5-5-325
, means a licensee, or an affiliate of a licensee, when the licensee holds a license to operate a family child care home pursuant to this part 3.
(5)
(a)
"Children's resident camp" means a facility operating for three or more consecutive twenty-four-hour days during one or more seasons of the year that offers group living experiences or seasonal outdoor adventure day camp programs for five or more children. The purpose of the facility is to offer an outdoor experience for youth development through multiple educational and recreational activities in an outdoor, nature-based environment. The recreational activities occur at a permanent facility or on trips off the premises.
(b)
(I)
A children's resident camp serves children who have completed kindergarten or are six years of age or older through children younger than nineteen years of age; except that a person nineteen years of age or twenty years of age may attend a children's resident camp if, within six months prior to attending the children's resident camp, the person has attended or has graduated from high school.
(II)
Notwithstanding the provisions of subsection (5)(b)(I) of this section, a children's resident camp that offers seasonal outdoor adventure day camp programs serves children who are five years of age or older.
(5.5)
"Colorado state courts data access system" means the official public access site for the Colorado judicial branch maintained by the Colorado state court administrator's office containing read-only access to court data, including a name index and register of actions.
(6)
"Exempt family child care home provider" means a family child care home provider who is exempt from certain provisions of this part 3 pursuant to section
26.5-5-304 (1)(f)
.
(7)
"Family child care home" means a facility for child care operated with or without compensation or educational purposes in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen years who are not related to the head of such home. "Family child care home" may include infant-toddler child care homes, large family child care homes, experienced child care provider homes, and such other types of family child care homes designated by department rules pursuant to section
26.5-5-314 (2)(n)
, as the executive director deems necessary and appropriate.
(8)
"Governing body" means the individual, partnership, corporation, or association in which the ultimate authority and legal responsibility is vested for the administration and operation of a child care facility.
(9)
"Guardian" means a person who is entrusted by law with the care of a child under eighteen years of age.
(10)
"Guest child care facility" means a facility operated by a ski area, as that term is defined in section
33-44-103 (6)
, where children are cared for:
(a)
While parents or persons in charge of such child are patronizing the ski area;
(b)
Fewer than ten total hours per day;
(c)
Fewer than ten consecutive days per year; and
(d)
Fewer than forty-five days in a calendar year, with thirty or fewer of such forty-five days occurring in either the winter or summer months.
(11)
Repealed.
(12)
"Kindergarten" means any facility providing an educational program for children only for the year preceding their entrance to the first grade, whether such facility is called a kindergarten, preschool, or any other name.
(13)
"License" means a legal document issued pursuant to this part 3 granting permission to operate a child care facility. A license may be in the form of a provisional, probationary, or permanent license.
(14)
"Licensee" means the entity or individual to which a license is issued and that has the legal capacity to enter into an agreement or contract, assume obligations, incur and pay debts, sue and be sued in its own right, and be held responsible for its actions. A licensee may be a governing body.
(15)
"Licensing" means the process by which the department approves a facility for the purpose of conducting business as a child care facility.
(16)
(a)
"Negative licensing action", or "adverse action", means a final agency action resulting in the denial of an application, the imposition of fines, or the suspension or revocation of a license issued pursuant to this part 3 or the demotion of such a license to a probationary license.
(b)
As used in this subsection (16), "final agency action" means the determination made by the department, after an opportunity for a hearing, to deny, suspend, revoke, or demote to probationary status a license issued pursuant to this part 3 or an agreement between the department and the licensee concerning the demotion of such a license to a probationary license.
(17)
(a)
"Neighborhood youth organization" means a nonprofit organization that provides programs and services, as described in section
26.5-5-308
, to children, youth, and families through comprehensive wraparound supports to ensure positive growth and development during childhood and adolescence, and is designed to serve youth as young as five years of age who are enrolled in kindergarten and as old as eighteen years of age.
(b)
A neighborhood youth organization does not include faith-based centers, organizations or programs operated by state or city parks or special districts, or departments or facilities that are currently licensed as child care centers.
(17.5)
"Nonprofit organization" means an organization that is exempt from taxation pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986",
26 U.S.C. sec. 501
, as amended.
(18)
"Occasional care" means care of children, with or without compensation, that is provided on an infrequent and irregular basis with no apparent pattern.
(18.5)
"Outdoor nature-based preschool program" or "outdoor program" means a full-day or partial-day outdoor nature-based preschool program for children who are at least three years of age but under eight years of age that operates at least fifty percent of the outdoor program's operating hours outdoors in a department-approved outdoor natural space.
(19)
"Person" means any corporation, partnership, association, firm, agency, institution, or individual.
(20)
"Place of residence" means the place or abode where a person actually lives and provides child care.
(20.3)
"Plain language" means writing that is clear, concise, well-organized, and that follows other best practices appropriate to the subject or field and intended audience, as defined by the federal "Plain Writing Act of 2010", Pub.L. 111-274.
(20.5)
"Prevalent languages" means the two most prevalent languages spoken in the state of Colorado, as identified in the latest American community survey published by the federal census bureau.
(21)
"Public preschool provider" means a school district, or a charter school authorized pursuant to article
30.5
of title
22
, that provides a preschool program.
(22)
"Public services short-term child care facility" means a facility that is operated by or for a county department of human or social services or a court and that provides care for a child:
(a)
While the child's parent or the person in charge of the child is conducting business with the county department of human or social services or participating in court proceedings;
(b)
Fewer than ten total hours per day;
(c)
Fewer than fifteen consecutive days per year; and
(d)
Fewer than forty-five days in a calendar year.
(23)
"Related" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew, or cousin.
(24)
"Relative" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.
(25)
"Routine medications", as used in section
26.5-5-325
, means any prescribed oral, topical, or inhaled medication, or unit dose epinephrine, that is administered pursuant to section
26.5-5-325
.
(25.5)
"Seasonal outdoor adventure day camp program" means a program that operates for at least six hours a day, on a seasonal basis, primarily during the summer and winter months, for a number of days specific to the approved registration of seasonal outdoor adventure day camp participants. Seasonal outdoor adventure day camp programs serve children who are five years of age or older.
(26)
"Sibling" means one or more individuals having one or both parents in common.
(27)
"Substitute child care provider" means a person who provides temporary care for a child or children in a licensed child care facility, including a child care center and a family child care home.
(28)
"Substitute placement agency" means any corporation, partnership, association, firm, agency, or institution that places or that facilitates or arranges placement of short-term or long-term substitute child care providers in licensed child care facilities providing less than twenty-four-hour care.
(29)
"Supervisory employee" means, as used in section
26.5-5-307
:
(a)
A person directly responsible for managing a guest child care facility and the employees of the facility; or
(b)
A person directly responsible for managing a public services short-term child care facility and the employees of the facility.
(30)
"Youth member" means a youth who is five years of age and enrolled in kindergarten or who is older than five years of age and up to eighteen years of age whose parent or legal guardian has provided written consent for the youth to participate in the activities of a neighborhood youth organization.
Amended by 2024 Ch. 441,§ 2, eff. 8/7/2024.
Amended by 2024 Ch. 472,§ 2, eff. 6/6/2024.
Amended by 2024 Ch. 50,§ 1, eff. 4/4/2024.
Amended by 2023 Ch. 303,§ 62, eff. 8/7/2023.
Amended by 2023 Ch. 434,§ 10, eff. 6/9/2023.
Renumbered from C.R.S. §
26-6-102
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2022 Ch. 22, §1, eff. 3/17/2022.
Amended by 2021 Ch. 136, §126, eff. 10/1/2021.
Amended by 2021 Ch. 424, §1, eff. 9/7/2021.
Amended by 2021 Ch. 138, §1, eff. 9/7/2021.
Amended by 2020 Ch. 216, §64, eff. 6/30/2020.
Amended by 2020 Ch. 251, §1, eff. 7/8/2020.
Amended by 2020 Ch. 221, §8, eff. 7/2/2020.
Amended by 2019 Ch. 256, §11, eff. 8/2/2019.
Amended by 2018 Ch. 124, §1, eff. 8/8/2018.
Amended by 2018 Ch. 38, §125, eff. 8/8/2018.
Amended by 2017 Ch. 85, §3, eff. 8/9/2017.
Amended by 2016 Ch. 210, §74, eff. 6/6/2016.
Amended by 2015 Ch. 263, §2, eff. 6/2/2015.
Amended by 2015 Ch. 22, §1, eff. 3/13/2015.
L. 67: p. 1040, § 3. C.R.S. 1963: § 119-8-2. L. 69: p. 993, § 2. L. 75: (1) amended, p. 217, § 53, effective July 16. L. 77: (6) amended, p. 1005, § 6, effective May 16. L. 81: (8) added, p. 1034, § 10, effective July 1. L. 86: (1)(a) amended, p. 1001, § 1, effective May 28. L. 88: (1)(a) amended, p. 831, § 41, effective May 24. L. 89: (9) added, p. 1220, § 1, effective May 26. L. 90: (1)(a) amended and (3.5) added, p. 1395, §§ 4, 5, effective May 24; (3.5)(b) added by revision, pp. 1395, 1400, §§ 5, 15. L. 91: (9) amended, p. 1882, § 1, effective March 11. L. 93: (3) amended, p. 1156, § 112, effective 7/1/1994. L. 94: (8) amended, p. 2705, § 268, effective July 1; (4) amended, p. 1044, § 2, effective 1/1/1995. L. 96: (8) and (9) amended, p. 806, § 3, effective May 23; (1), (2), and (4) amended and (1.5), (4.5), (5.3), (5.5), and (6.5) added, p. 252, § 3, effective July 1; (9) amended, p. 1697, § 42, effective 1/1/1997. L. 97: (5.1) added, p. 982, § 4, effective May 22. L. 99: (8) amended, p. 233, § 2, effective April 8; (1) amended and (1.3) and (5.7) added, p. 1034, § 1, effective May 29; (5.7) added, p. 1198, § 1, effective June 2. L. 2000: (4) amended and (2.5) and (10) added, p. 37, § 3, effective May 14. L. 2001: (5.2) added, p. 614, § 5, effective May 30; (1), (2), (3), and (8) amended and (11) added, pp. 743, 740, §§ 10, 3, effective June 1; (1), (2), (3), and (8) amended, p. 753, § 3, effective June 1; (1) amended, p. 508, § 1, effective July 1. L. 2002: (1.7) and (8.5) added, p. 128, § 2, effective March 26; (1.5) amended, p. 1785, § 50, effective June 7; (4.7) and (10.5) added and (5) amended, p. 406, § 1, effective July 1. L. 2003: (5.9) added, p. 558, § 1, effective March 7; (5.6) added and (11) amended, p. 1874, §2, effective May 22; (7.5) added, p. 854, § 1, effective August 6. L. 2004: (2.7) added, p. 543, § 2, effective August 4; (5.6)(e) amended, p. 483, § 9, effective August 4. L. 2005: (2.7)(a) amended, p. 772, § 52, effective June 1; (2) amended, p. 969, § 1, effective June 2. L. 2006: (1.5) and IP(10)(a) amended and (12) added, p. 519, § 1, effective April 18; (1.5) amended, p. 699, § 46, effective April 28; (3.7) added, p. 1080, § 1, effective May 25; (8) amended, p. 1204, § 4, effective May 26; (1.1), (1.2), (2.2), (2.4), and (5.4) added and (4.7), (5.5), and (5.7)(a) amended, p. 724, § 1, effective August 7; (8.7) added, p. 284, § 1, effective August 7. L. 2007: (6.7) added and (10.5) amended, p. 861, § 1, effective May 14. L. 2008: (10.3) added, p. 367, § 1, effective August 5. L. 2009: (1.5) amended, (SB 09-292), ch. 1975, p. 1975, § 100, effective August 5. L. 2010: (5.8) and (13) added, (HB 10 -1044), ch. 284, p. 284, §1, effective April 14; (8) amended, (SB 10-175), ch. 803, p. 803, § 75, effective April 29. L. 2011: (5.1) amended, (HB 11 -1079), ch. 226, p. 226, § 5, effective August 10. L. 2012: (2.2) amended, (SB 12 -043), ch. 24, p. 24, §1, effective March 9. L. 2015: (2.5) amended, (HB 15 -1023), ch. 53, p. 53, §1, effective March 13; (1.2) and (4.5) amended, (4.8) and (4.9) added, and (8.7) repealed, (SB 15-087), ch. 1001, p. 1001, § 2, effective June 2. L. 2016: Entire section amended, (SB 16-189), ch. 775, p. 775, § 74, effective June 6. L. 2017: IP and (12) amended, (SB 17 -110), ch. 263, p. 263, §3, effective August 9. L. 2018: (4), IP(30), and (30)(a) amended, (SB 18-092), ch. 449, p. 449, § 125, effective August 8; (37) amended and (37.5) added, (SB 18-162), ch. 833, p. 833, § 1, effective August 8. L. 2019: (30.5) added and (33) amended, (HB 19-1308), ch. 2461, p. 2461, § 11, effective August 2. L. 2020: (30.5) amended, (HB 20-1402), ch. 1057, p. 1057, § 64, effective June 30; (19), (33), and (36)(a) amended and (30.3) added, (SB 20-162), ch. 1091, p. 1091, § 8, effective July 2; (14.5), (22.5), and (35.5) added, (HB 20-1347), ch. 1224, p. 1224, § 1, effective July 8. L. 2021: (4), (14), and (21) amended, (HB 21-1151), ch. 778, p. 778, § 1, effective September 7; (5) amended and (33.5) added, (SB 21-269), ch. 2818, p. 2818, § 1, effective September 7; (14) and (35) amended, (SB 21-059), ch. 748, p. 748, § 126, effective October 1; (5) amended, (HB 21 -1187), ch. 347, p. 347, &sect. 54, effective 7/1/2024.
(1) Subsection (3.5)(b) provided for the repeal of subsection (3.5), effective July 1, 1995. (See L. 90, pp. 1395, 1400.) Subsection (2.7)(b) provided for the repeal of subsection (2.7), effective July 1, 2008. (See L. 2004, p. 543.)
(2) Amendments to subsection (9) by House Bill 96-1005 and House Bill 96-1180 were harmonized. Amendments to subsection (1) by Senate Bill 01-014, Senate Bill 01-012, and Senate Bill 01-221 were harmonized. Amendments to subsection (1.5) by House Bill 06-1375 and House Bill 06-1271 were harmonized. Amendments to subsection (5) by SB 21-269 and HB 21-1187 were harmonized, effective July 1, 2024. Amendments to subsection (14) by SB 21-059 and HB 21-1151 were harmonized.
2024 Ch. 441, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act amending subsection (8), 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.