reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 4 - CHILD CARE AND EDUCATION (§§ 26.5-4-101 — 26.5-4-403) › Part 4 - YOUTH SPORTS ORGANIZATIONS (§§ 26.5-4-401 — 26.5-4-403) › Section 26.5-4-402 - [Effective 8/7/2024] Organized youth athletic activities - abuse prevention training

(1)
(a)
Starting July 1, 2025, each youth sports organization shall require each coach to annually complete mandatory reporter training that adheres to the recommendations of the mandatory reporter training task force pursuant to section 19-3-304.2.
(b)
Each youth sports organization shall encourage each coach to annually complete an abuse prevention training program that includes the following:
(I)
Prohibited conduct by coaches;
(II)
Appropriate one-on-one interactions between players and coaches;
(III)
How to recognize and appropriately respond to and prevent behaviors that violate the prohibited conduct policy developed pursuant to subsection (2) of this section; and
(IV)
How to respond to disclosures of sexual abuse, child abuse, or reports of behaviors violating the prohibited conduct policy developed pursuant to subsection (2) of this section in a supportive and appropriate manner that meets the mandated reporting requirements pursuant to Colorado statutes.
(2)
(a)
(I)
Each youth sports organization shall develop a prohibited conduct policy relating to youth athletic activities.
(II)
The prohibited conduct policy must include:
(A)
A list of prohibited conduct by parents, spectators, coaches, and athletes and a mandatory reporting policy for adults who have knowledge of an act of prohibited conduct; and
(B)
A code of conduct for parents, spectators, coaches, and athletes to follow.
(III)
A youth sports organization may adopt the model code of conduct policy made available by the department pursuant to section 26.5-1-117.
(b)
Each youth sports organization shall require each of its coaches to comply with the prohibited conduct policy developed pursuant to subsection (2)(a) of this section.
(3)
Each youth sports organization shall post the notice created pursuant to section 6-1-736 on its website, and if the youth sports organization does not have a website, it shall provide the notice to the parents and legal guardians of each participant.
Added by 2024 Ch. 196,§ 1, eff. 8/7/2024.
2024 Ch. 196, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 4 - CHILD CARE AND EDUCATION (§§ 26.5-4-101 — 26.5-4-403) › Part 4 - YOUTH SPORTS ORGANIZATIONS (§§ 26.5-4-401 — 26.5-4-403) › Section 26.5-4-403 - [Effective 8/7/2024] Background checks required

(1)
(a)
A youth sports organization operating in the state of Colorado shall require all coaches to obtain, prior to starting work, a criminal history record check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681, et seq., and that discloses, at a minimum, sexual offenses and felony convictions and includes a social security number trace and a search of the Colorado judicial public records access system. The criminal history record check must ascertain to the extent possible whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401; a felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9); or a comparable offense committed in any other state.
(b)
A youth sports organization shall not hire a coach if a criminal history record check of the person performed pursuant to subsection (1)(a) of this section shows that the person has been convicted of, pled nolo contendere to, or has received a deferred sentence or deferred prosecution for felony child abuse as specified in section 18-6-401; a felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9);or any comparable offense committed in any other state.
(2)
A youth sports organization may rely on the results of a criminal history record check when making hiring and employment decisions and is immune from civil liability unless the youth sports organization knows the information is false or acts with reckless disregard concerning the veracity of such information.
Added by 2024 Ch. 196,§ 1, eff. 8/7/2024.
2024 Ch. 196, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 1 - QUALITY IMPROVEMENT (§§ 26.5-5-101 — 26.5-5-103) › Section 26.5-5-101 - Colorado shines quality rating and improvement system - created

(1)
The Colorado shines quality rating and improvement system, referred to in this part 1 as the "Colorado shines system", is created in the department to measure the level of preparedness of and quality of services provided by an early childhood education program to prepare children to enter elementary school. The Colorado shines system must:
(a)
Measure and support the elements of quality of an early childhood education program, including, but not limited to:
(I)
The quality of the learning environment;
(II)
The quality of adult-child interactions;
(III)
Adult-to-child ratios;
(IV)
Provider training and education, including recognized credentials through the department's voluntary credentialing system developed pursuant to section
26.5-6-102
; and
(V)
Parent-involvement activities at the early care and education facility;
(b)
Be variable to inform parents, counties, and other purchasers of early childhood education about the level of quality at an early childhood education program in a simple and easy-to-understand manner;
(c)
Be supported by statistically valid research as a reliable measure of quality of an early childhood education program;
(d)
Include a quality improvement plan that facilitates goal setting and planning related to improving program quality over time; and
(e)
Have demonstrated effectiveness at improving the level of quality of early childhood education programs in geographically diverse Colorado communities.
(2)
The department shall periodically review and revise the quality standards established for the Colorado shines system with the goal of aligning those standards with the quality standards established pursuant to section
26.5-4-205
for preschool providers participating in the Colorado universal preschool program.
Added by 2022 Ch. 123, §3, eff. 7/1/2022.
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 1 - QUALITY IMPROVEMENT (§§ 26.5-5-101 — 26.5-5-103) › Section 26.5-5-103 - Quality evaluation and improvement of early childhood care and education programs - use of Colorado works money

Counties are urged to partner with for-profit or not-for-profit organizations that evaluate the quality of early childhood care and education programs in the early childhood councils and assign ratings in an effort to assess the success of such programs and to improve the ultimate delivery of early childhood care and education. Counties so partnering are further encouraged to match private investments in such early childhood care and education programs with county block grant money for Colorado works pursuant to part 7 of article
2
of title
26
and federal child care development funds in an effort to improve the overall quality of those programs. Counties so partnering are further encouraged to expend local funds to promote the objectives of this part 1 and improve the delivery of early childhood services, including the continuation of those funding sources developed to support pilot site agency activities.
Renumbered from C.R.S. §
26-6.5-104.5
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
L. 2000: Entire section added, p. 820, § 3, effective July 1. L. 2007: Entire section amended, p. 1646, § 12, effective May 31. L. 2009: Entire section amended, (HB 09-1343), ch. 355, p. 1856, §6, effective June 1.
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 2 - COLORADO INFANT AND TODDLER QUALITY AND AVAILABILITY GRANT PROGRAM (§§ 26.5-5-201 — 26.5-5-205) › Section 26.5-5-201 - Short title

The short title of this part 2 is the "Colorado Infant and Toddler Quality and Availability Grant Program".
Renumbered from C.R.S. §
26-6.7-101
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
Added by 2013 Ch. 363,§2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1291), ch. 363, p. 2120, § 2, effective July 1.
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 2 - COLORADO INFANT AND TODDLER QUALITY AND AVAILABILITY GRANT PROGRAM (§§ 26.5-5-201 — 26.5-5-205) › Section 26.5-5-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Colorado child care assistance program" or "CCCAP" means the Colorado child care assistance program created in part 1 of article
4
of this title 26.5.
(2)
"Colorado shines system" means the Colorado shines quality rating and improvement system established in section
26.5-5-101
.
(3)
"County department" means a county or district department of human or social services.
(4)
"Early childhood council" means an early childhood council established pursuant to part 2 of article
2
of this title 26.5.
(5)
"Early childhood education program" means a child care program licensed pursuant to part 3 of this article 5 that provides child care and education to infants and toddlers living in low-income families.
(6)
"Grant program" means the Colorado infant and toddler quality and availability grant program created in section
26.5-5-203
.
Renumbered from C.R.S. §
26-6.7-102
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2018 Ch. 90, §5, eff. 8/8/2018.
Amended by 2018 Ch. 38, §131, eff. 8/8/2018.
Added by 2013 Ch. 363, §2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1291), ch. 363, p. 2120, § 2, effective July 1. L. 2018: IP and (2) amended, (SB 18-092), ch. 38, p. 450, § 131, effective August 8; IP, (1), and (4) amended, (1.3) added, and (6) repealed, (SB 18-099), ch. 90, p. 724, § 5, effective August 8.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
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 2 - COLORADO INFANT AND TODDLER QUALITY AND AVAILABILITY GRANT PROGRAM (§§ 26.5-5-201 — 26.5-5-205) › Section 26.5-5-203 - Colorado infant and toddler quality and availability grant program - creation

Subject to available appropriations, there is created in the department the Colorado infant and toddler quality and availability grant program. Grants are awarded through the Colorado shines system to improve quality in licensed infant and toddler care and increase the number of low-income infants and toddlers served through high-quality early childhood education programs, as well as promote voluntary family partnerships, as determined for the Colorado shines system. A program is considered "high quality" if it is rated in the top three levels of the state's Colorado shines system. Early childhood councils may apply for money through the department, which administers the program as part of the Colorado shines system. An early childhood education program that is within the service area of an early childhood council may apply to the early childhood council for money that would allow the program to increase the number of infants and toddlers living in low-income families served through high-quality early childhood education programs.
Renumbered from C.R.S. §
26-6.7-103
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
Amended by 2018 Ch. 90,§6, eff. 8/8/2018.
Added by 2013 Ch. 363,§2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1291), ch. 363, p. 2120, § 2, effective July 1. L. 2018: Entire section amended, (SB 18-099), ch. 90, p. 725, § 6, effective August 8.
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 2 - COLORADO INFANT AND TODDLER QUALITY AND AVAILABILITY GRANT PROGRAM (§§ 26.5-5-201 — 26.5-5-205) › Section 26.5-5-204 - Eligibility for grants - applications - deadlines

(1)
The department shall develop an application process and issue a request for proposals for the grant program, including notification of available money to early childhood councils, eligibility criteria, proposal requirements, and award criteria.
(2)
An applicant to the grant program is eligible for a grant award pursuant to this part 2 if:
(a)
The application is made by an early childhood council and includes strategies developed jointly with community partners, including, at a minimum, county departments of human or social services. If an early childhood council serves more than one county, it may submit a single application for the counties that make up its designated service area.
(b)
The early childhood education programs to which the grant money will be distributed have achieved a quality rating pursuant to the Colorado shines system of at least a level two, or are licensed programs with a demonstrated hardship that are actively working toward achieving a Colorado shines system level two rating, and have fiscal agreements with CCCAP;
(c)
The early childhood council demonstrates a need and provides a plan to improve quality and increase the capacity for early childhood education programs that serve infants and toddlers three years of age or younger in its designated service area. The early childhood education programs may be home-based or center-based.
(d)
The applicant meets any other criteria set forth in the application process developed pursuant to this section.
(3)
Subject to available appropriations, the department shall review applications and determine which applicants will receive grants and the amount of each grant.
Renumbered from C.R.S. §
26-6.7-104
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
Amended by 2018 Ch. 90,§7, eff. 8/8/2018.
Added by 2013 Ch. 363,§2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1291), ch. 363, p. 2121, § 2, effective July 1. L. 2018: Entire section amended, (SB 18-099), ch. 90, p. 725, § 7, effective August 8.
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 2 - COLORADO INFANT AND TODDLER QUALITY AND AVAILABILITY GRANT PROGRAM (§§ 26.5-5-201 — 26.5-5-205) › Section 26.5-5-205 - Reporting requirements

(1)
No later than August 15 each year, an early childhood council that receives a grant shall provide the department with an annual report concerning the outcomes of the grant. The report must include, at a minimum:
(a)
A summary of data received from early childhood education programs that received grant money;
(b)
The number of infants and toddlers under three years of age served because of the grant program in home-based programs and the number served in center-based programs;
(c)
The length of time services were provided;
(d)
A detailed description of quality improvements made using grant money;
(e)
A description of how the grantee's program met the stated outcomes in its application;
(f)
A summary of the number of jobs created through the grant program; and
(g)
Any other data required by the department.
(2)
[Repealed by 2024 amendment.]
Amended by 2024 Ch. 34,§ 33, eff. 3/22/2024.
Renumbered from C.R.S. §
26-6.7-105
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2018 Ch. 90, §8, eff. 8/8/2018.
Amended by 2017 Ch. 154, §14, eff. 8/9/2017.
Added by 2013 Ch. 363, §2, eff. 7/1/2013.
L. 2013: Entire article added, (HB 13-1291), ch. 363, p. 2122, § 2, effective July 1. L. 2017: (2) amended, (SB 17-234), ch. 154, p. 523, § 14, effective August 9. L. 2018: IP(1) and (1)(a) amended, (SB 18-099), ch. 90, p. 726, § 8, effective August 8.
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 26.5-5-301 - Short title

The short title of this part 3 is the "Child Care Licensing Act".
Renumbered from C.R.S. §
26-6-101
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
L. 67: p. 1039, § 3. C.R.S. 1963: § 119-8-1. L. 96: Entire section amended, p. 806, § 2, effective May 23; entire section amended, p. 251, § 1, effective July 1.
Amendments to this section by House Bill 96-1006 and House Bill 96-1180 were harmonized.
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 26.5-5-302 - Legislative declaration concerning the protections afforded by regulation

(1)
The general assembly finds and declares that increasing numbers of children in Colorado are spending a significant portion of their day in care settings outside their own homes. The general assembly finds that regulation and licensing of child care facilities contribute to a safe and healthy environment for children. The provision of such environment affords benefits to children, their families, their communities, and the larger society. The general assembly acknowledges that there is a need to balance accessibility and quality of care when regulating child care facilities. It is the intent of the general assembly that those who regulate and those who are regulated work together to meet the needs of the children, their families, and the child care industry.
(2)
In balancing the needs of children and their families with the needs of the child care industry, the general assembly also recognizes the financial demands with which the department is faced in its attempt to ensure a safe and sanitary environment for those children of the state of Colorado who are in child care facilities. In an effort to reduce the risk to children outside their homes while recognizing the financial constraints placed upon the department, it is the intent of the general assembly that the limited resources available be focused primarily on those child care facilities that have demonstrated that children in their care may be at higher risk pursuant to section
26.5-5-316
.
Renumbered from C.R.S. §
26-6-101.4
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
L. 94: Entire section added, p. 1044, § 1, effective 1/1/1995. L. 96: Entire section amended, p. 251, § 2, effective July 1.
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 26.5-5-305 - Public preschool provider - licensing - rules

Public preschool providers are subject to the requirements of this part 3. Because of the unique circumstances presented by preschool classrooms provided by school districts and charter schools, which circumstances do not arise in classrooms for older children and youth, the department shall license public preschool providers only to protect the health and safety of children in public preschool classrooms. Notwithstanding any provision of this part 3 to the contrary, licensing for public preschool providers must focus only on those aspects of the preschool program and environment that affect children's health and safety and are not already actively regulated by other federal or state agencies or departments. The department shall align any requirements for the license related to qualifications or credentialing of program staff with the requirements for an early childhood endorsement for a license issued by the department of education pursuant to article
60.5
of title
22
.
Added by 2022 Ch. 123,§3, eff. 7/1/2022.
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 26.5-5-306 - Substitute child care providers - substitute placement agency - licensing - rules

(1)
Substitute placement agencies are subject to the requirements of this part 3. The department shall license substitute placement agencies to place or facilitate or arrange for the placement of short-term and long-term substitute child care providers in licensed facilities providing less than twenty-four-hour care.
(2)
The executive director shall promulgate rules for substitute placement agencies and substitute child care providers. At a minimum, the rules must require that the substitute child care provider demonstrate that the provider has the training and certification for the child care license type and position in which the substitute child care provider is placed. Pursuant to section
26.5-5-316 (1)(a)(I)(C)
, each substitute child care provider shall pay for and submit to a fingerprint-based criminal history record check and a review of the records and reports of child abuse or neglect maintained by the state department of human services to determine whether the substitute child care provider has been found to be responsible in a confirmed report of child abuse or neglect. When the results of a fingerprint-based criminal history record check or any other records check performed on a person pursuant to this subsection (2) reveal a record of arrest without a disposition, the department rules shall require that person to submit to a name-based judicial record check, as defined in section
22-2-119.3 (6)(d)
. The substitute placement agency shall not place a substitute child care provider who is convicted of any of the crimes specified in section
26.5-5-309 (4)
or
26.5-5-317
.
Renumbered from C.R.S. §
26-6-103.3
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2022 Ch. 114, §46, eff. 4/21/2022.
Amended by 2019 Ch. 125, §43, eff. 4/18/2019.
Amended by 2018 Ch. 124, §2, eff. 8/8/2018.
L. 2008: Entire section added, p. 367, § 2, effective August 5. L. 2018: Entire section R&RE, (SB 18-162), ch. 833, p. 833, § 2, effective August 8. L. 2019: (2) amended, (HB 19-1166), ch. 555, p. 555, § 43, effective April 18.
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 26.5-5-312 - Application forms - criminal sanctions for perjury

(1)
(a)
(I)
All applications for the licensure of a child care facility pursuant to this part 3 must include the notice to the applicant that is set forth in subsection (1)(b) of this section.
(II)
Every application used in the state of Colorado for employment with a child care provider or facility must include the notice to the applicant that is set forth in subsection (1)(b) of this section.
(b)
Each application described in subsection (1)(a) of this section must contain the following notice to the applicant:
Any applicant who knowingly or willfully makes a false statement of any material fact or thing in this application commits perjury in the second degree as defined in section
18-8-503
, Colorado Revised Statutes, and, upon conviction thereof, shall be punished accordingly.
(2)
Any person applying for the licensure of a child care facility pursuant to this part 3 or any person applying to work at such a facility as an employee who knowingly or willfully makes a false statement of any material fact or thing in the application commits perjury in the second degree as defined in section
18-8-503
, and, upon conviction thereof, must be punished accordingly.
Renumbered from C.R.S. §
26-6-105.5
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
L. 99: Entire section added, p. 1200, § 4, effective June 2. L. 2001: (3) added, p. 747, § 13, effective June 1; (3) added, p. 756, § 5, effective June 1.
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 26.5-5-315 - Staffing during emergency circumstances - definitions

(1)
During an emergency circumstance, a child care center may permit an employee who has successfully completed criminal background check requirements but is not a qualified caregiver to supervise children for not more than two hours while the child care center secures a qualified caregiver.
(2)
Notwithstanding subsection (1) of this section, a large child care center, as defined by department rule, or a child care center that operates on the property of a school district, district charter school, or institute charter school, may permit an employee of the child care center or an employee of the school district, district charter school, or institute charter school who has successfully completed criminal background check requirements but is not a qualified caregiver to supervise children for an amount of time that is reasonably necessary to address an emergency circumstance.
(3)
During an emergency circumstance, a child care center shall maintain the staff-to-child ratio required by rule of the executive director.
(4)
As used in this section, unless the context otherwise requires, "emergency circumstance" includes, but is not limited to, illness, death, accident, law enforcement action, road closure, hazardous weather, emergency bodily function, child elopement, or providing emergency attention or care to a child.
Renumbered from C.R.S. §
26-6-106.2
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
Added by 2021 Ch. 131,§4, eff. 9/7/2021.
L. 2021: Entire section added, (SB 21-167), ch. 530, p. 530, § 4, effective September 7.
2021 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 26.5-5-319 - Institutes

The department is authorized to hold institutes and programs for licensees under this part 3 to assist in the improvement of standards and practices of facilities operated and maintained by licensees and in the more efficient and practical administration and enforcement of this part 3. In conducting institutes and programs, the department may request the assistance of health, education, and fire safety officials.
Renumbered from C.R.S. §
26-6-109
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2021 Ch. 391, §1, eff. 9/7/2021.
L. 67: p. 1044, § 3. C.R.S. 1963: § 119-8-9. L. 68: p. 111, § 87. L. 86: (1)(e) added, p. 421, § 46, effective March 29; (1)(a) amended, p. 1003, § 5, effective May 28. L. 88: (1)(e)(I) amended, p. 318, § 14, effective April 14. L. 90: (1)(e) repealed, p. 334, § 24, effective April 3; (1)(c) amended, p. 1399, § 13, effective May 24. L. 94: (1)(c) amended, p. 2706, § 270, effective July 1; (1)(a) and (1)(c) amended, p. 1046, § 8, effective 1/1/1995. L. 96: Entire section amended, p. 810, § 10, effective May 23. L. 2009: (1)(a) amended, (HB 09-1297), ch. 496, p. 496, § 1, effective August 5. L. 2021: (1) repealed, (SB 21-254), ch. 2604, p. 2604, § 1, effective September 7.
Amendments to subsection (1)(c) by Senate Bill 94-107 and House Bill 94-1029 were harmonized.
2021 Ch. 391, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in one of the 1994 acts amending subsection (1)(c), see section 1 of chapter 345, Session Laws of Colorado 1994.
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 26.5-5-320 - Injunctive proceedings

The department, in the name of the people of the state of Colorado, through the attorney general of the state, must apply for an injunction in any court of competent jurisdiction to enjoin any person from operating any facility without a license that is required to be licensed under this part 3. If the person does not have a valid license pursuant to this part 3, the person's license has been revoked pursuant to section
26.5-5-317
, or the person does not meet the licensing exemption criteria set forth in section
26.5-5-304
, yet provides child care, and has a pattern of providing such child care without a valid license as required by this part 3, and despite having received notification from the department that the person or facility is in violation of the law, then the person is providing unlicensed and illegal child care. At the time the department applies for an injunction, the department shall notify law enforcement of the injunction proceedings. If it is established that the defendant has been or is so operating the facility without a valid license, the court shall enter a decree enjoining the defendant from further operating the facility unless and until the person obtains a license to operate the facility. In case of violation of any injunction issued pursuant to this section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceedings are in addition to and not in lieu of the penalty provided in section
26.5-5-321
.
Renumbered from C.R.S. §
26-6-111
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2021 Ch. 244, §2, eff. 6/16/2021.
L. 67: p. 1045, § 3. C.R.S. 1963: § 119-8-11. L. 83: Entire section amended, p. 1135, § 3, effective May 31. L. 96: Entire section amended, p. 811, § 12, effective May 23. L. 2021: Entire section amended, (SB 21-201), ch. 1316, p. 1316, § 2, effective June 16.
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 26.5-5-321 - Penalty - short title

(1)
On or after July 1, 2021, any person violating any provision of this part 3, intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection pursuant to the provisions of this part 3, or violating a cease-and-desist order that is not cured commits a petty offense and, upon conviction, shall be punished by a fine of up to five hundred dollars, a sentence of up to ten days in jail, or both.
(2)
The short title of this section is the "Elle Matthews Act for Increased Safety in Child Care".
Renumbered from C.R.S. §
26-6-112
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
Amended by 2021 Ch. 244,§3, eff. 6/16/2021.
L. 67: p. 1045, § 3. C.R.S. 1963: § 119-8-12. L. 83: Entire section amended, p. 1135, § 4, effective May 31. L. 96: Entire section amended, p. 811, § 13, effective May 23. L. 2021: Entire section amended, (SB 21-201), ch. 1317, p. 1317, § 3, effective June 16.
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 26.5-5-323 - Civil penalties - fines - child care cash fund - created

(1)
In addition to any other penalty otherwise provided by law, including section
26.5-5-321
, any person violating any provision of this part 3 or intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection under the provisions of this part 3 may be assessed a civil penalty up to a maximum of ten thousand dollars as follows:
(a)
Two hundred fifty dollars a day for the first day;
(b)
Five hundred dollars a day for the second day; and
(c)
One thousand dollars a day for the third and subsequent days.
(2)
Each day in which a person is in violation of any provision of this part 3 may constitute a separate offense.
(3)
The department may assess a civil penalty in conformity with the provisions and procedures specified in article
4
of title
24
; except that all hearings conducted pursuant to this section must be before an administrative law judge, who shall issue an initial decision. The executive director shall review the initial decision and issue the final decision of the department.
(4)
The department shall transmit the fines collected pursuant to this section, section
26.5-5-317 (2) and (7)
, and section
26.5-5-318 (1)(c)
to the state treasurer, who shall credit the same to the child care cash fund, which fund is hereby created in the state treasury. The state treasurer shall credit to the fund all interest derived from the deposit and investment of money in the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not be credited or transferred to the general fund or any other fund. Money in the child care cash fund is continuously appropriated to the department to fund activities related to the improvement of the quality of child care in the state of Colorado.
Renumbered from C.R.S. §
26-6-114
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2021 Ch. 244, §4, eff. 6/16/2021.
L. 90: Entire section added, p. 1391, § 7, effective May 4. L. 96: (1) and (3) amended, p. 811, § 14, effective May 23; (4) amended, p. 264, § 12, effective July 1. L. 99: (5) added, p. 1204, § 9, effective June 2. L. 2021: (1) amended and (2) repealed, (SB 21-201), ch. 1317, p. 1317, § 4, effective June 16.
For the legislative declaration and report to the general assembly contained in the 1990 act enacting this section, see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990.
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 26.5-5-324 - Child care resource and referral system - created

The department shall design and develop a child care resource and referral system, referred to in this section as the "system", to assist in promoting availability, accessibility, and quality of child care services in Colorado. The executive director, or the executive director's designee, is authorized, within available appropriations, to designate a public or private entity to be responsible for the administration of the system, and may enter into a contract with the administering entity for this purpose. The executive director shall designate or redesignate an administering entity on a biennial basis.
Renumbered from C.R.S. §
26-6-116
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
Amended by 2017 Ch. 154,§13, eff. 8/9/2017.
L. 2000: Entire section added, p. 36, § 2, effective May 14. L. 2007: (2) amended, p. 2044, § 78, effective June 1. L. 2017: (2) repealed, (SB 17-234), ch. 154, p. 523, § 13, effective August 9.
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 26.5-5-325 - Family child care homes - administration of routine medications - parental direction - rules

(1)
The delegation of nursing tasks by a registered nurse pursuant to section
12-255-131
is not required for the administration of routine medications by a child care provider to children cared for in family child care homes licensed pursuant to this part 3, subject to the following conditions:
(a)
The parent of the child cared for in the licensed family child care home has daily physical contact with the child care provider that actually administers the routine medication;
(b)
The child care provider has successfully completed a medication administration instructional program that is approved by the department;
(c)
Routine medications are administered in compliance with rules promulgated by the executive director pursuant to subsection (2) of this section;
(d)
If the routine medication involves the administration of unit dose epinephrine, the administration is accompanied by a written protocol by the prescribing health-care professional that identifies the factors for determining the need for the administration of the medication and is limited to emergency situations; and
(e)
If the routine medication involves the administration of a nebulized inhaled medication, the administration is accompanied by a written protocol by the prescribing health-care professional that identifies the factors for determining the need for the administration of the medication.
(2)
The executive director shall promulgate rules concerning the medically acceptable procedures and standards to be followed by child care providers administering routine medications to children cared for in family child care homes.
Renumbered from C.R.S. §
26-6-119
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
Amended by 2019 Ch. 136,§194, eff. 10/1/2019.
L. 2002: Entire section added, p. 127, § 1, effective March 26.
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 26.5-5-327 - Unique student identifying numbers - rules

The executive director shall promulgate rules as necessary for the assignment of uniquely identifying numbers to children who receive early childhood services. At a minimum, the rules must include children who receive state-subsidized or federally subsidized early childhood services, including but not limited to services provided through the child care development block grant, the Colorado universal preschool program, and head start.
Renumbered from C.R.S. §
26-6-121
and amended by 2022 Ch. 123,§3, eff. 7/1/2022.
Amended by 2018 Ch. 59,§6, eff. 8/8/2018.
L. 2008: Entire section added, p. 784, § 3, effective August 5. L. 2018: (2) amended, (HB 18-1141), ch. 59, p. 602, § 6, effective August 8.
For the legislative declaration in HB 18-1141, see section 1 of chapter 59, Session Laws of Colorado 2018.
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 26.5-5-328 - Applications for licenses

(1)
Every application by an individual for a license issued by the department or any authorized agent of the department must require the applicant's name, address, and social security number or tax identification number.
(2) to (4)
Repealed.
Amended by 2023 Ch. 434,§ 19, eff. 6/9/2023.
Added by 2022 Ch. 123, §3, eff. 7/1/2022.
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 26.5-5-329 - Testing for the presence of lead in drinking water in child care centers and family child care homes - compliance with public health requirements - repeal

(1)
Each child care center and, unless it has opted out pursuant to section
25-8-903 (9)
, each family child care home shall comply with the requirements of part 9 of article
8
of title
25
concerning testing of water in child care centers, family child care homes, and eligible schools.
(2)
This section is repealed, effective June 30, 2026.
Amended by 2023 Ch. 303,§ 66, eff. 8/7/2023.
Added by 2022 Ch. 123, §3, eff. 7/1/2022.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 26.5-5-330 - Bilingual licensing unit - appropriation

(1)
The bilingual licensing unit is created in the department to facilitate the satisfaction of the department's duties described in section 26.5-5-309 (7).
(2)
For the 2024-25 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate two hundred thirty-five thousand dollars to the department from the general fund to pay costs associated with the activities of the bilingual licensing unit created in subsection (1) of this section.
Added by 2024 Ch. 472,§ 5, eff. 6/6/2024.
2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 6 - EARLY CHILDHOOD WORKFORCE (§§ 26.5-6-101 — 26.5-6-103) › Section 26.5-6-102 - Voluntary child care credentialing system - rules

The department shall develop and maintain a statewide voluntary child care credentialing system that recognizes the training and educational achievements of persons providing early childhood care and education. The use of the voluntary child care credentialing system must include but need not be limited to the early childhood councils established pursuant to part 2 of article
2
of this title 26.5. The voluntary child care credentialing system is a multi-tiered system of graduated credentials that reflects the increased training, education, knowledge, skills, and competencies of persons working in early childhood care and education services in the various councils. The voluntary child care credentialing system must award credit for the education and training of persons working in early childhood care and education concerning the prevention of child sexual abuse. This education and training includes understanding healthy child development, creating safe environments for children, recognizing signs of abuse and problematic behaviors, and responsible methods of response to disclosures or concerns of abuse or potential abuse. The executive director shall promulgate such rules as are necessary for the statewide implementation of the voluntary child care credentialing system.
Renumbered from C.R.S. §
26-6.5-107
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2018 Ch. 245, §3, eff. 5/24/2018.
L. 2007: Entire section added, p. 1643, § 10, effective May 31. L. 2018: Entire section amended, (HB 18-1064), ch. 245, p. 1518, § 3, effective May 24.
2023 Colorado Revised Statutes › Title 26.5 - EARLY CHILDHOOD PROGRAMS AND SERVICES (§§ 26.5-1-101 — 26.5-6-103) › Article 6 - EARLY CHILDHOOD WORKFORCE (§§ 26.5-6-101 — 26.5-6-103) › Section 26.5-6-103 - Pathways to the classroom and retention strategies for early childhood educators - standards - alignment across agencies - report - rules

(1)
The executive director shall promulgate rules establishing standards for licensing that allow an early care and education program to be licensed pursuant to part 3 of article
5
of this title 26.5 for a period of time determined by the executive director, if a number, as specified in department rule, of aspiring early childhood educators in the program are pursuing a state-agency-approved early childhood credential and other quality, safety, and supervision conditions are met.
(2)
The executive director shall promulgate rules that allow an early childhood educator to earn points toward an early childhood credential that meets child care licensing standards based on the candidate's prior experience and demonstrated competency. The licensing pathway must also include ways in which a candidate in a second career or changing careers can earn points or credits for prior experience and competencies that apply toward the qualifications for an early childhood educator credential. The standards and credential awarding process may use validated tools to award points for demonstrated competencies.
(3)
The department and the department of education shall align, to the extent possible, the state's early childhood professional credential, department of education educator licensing, and child care program licensing to make the requirements as consistent and clear as possible to educators and providers. The alignment process must include examining strategies that support reciprocity for early childhood educator credentials or qualifications earned outside of Colorado.
(4)
Notwithstanding section
24-1-136 (11)(a)(I)
, no later than January 31, 2022, and no later than January 31 each year thereafter, the department shall prepare a written report concerning Colorado's current supply of qualified early childhood educators.
(5)
The department, the department of higher education, and the department of education shall develop resources to support local communities to increase concurrent enrollment opportunities for high school students or other nontraditional students to earn higher education credits and degrees that allow them to serve as early childhood educators and shall support career pathways for high school students earning college credits toward becoming early childhood educators, including concurrent enrollment, career and technical education, the ASCENT program, and other career pathways.
Renumbered from C.R.S. §
26-6-122
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Added by 2020 Ch. 249, §2, eff. 7/8/2020.
L. 2020: Entire section added, (HB 20-1053), ch. 1214, p. 1214, § 2, effective July 8.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › DEPARTMENT OF HUMAN SERVICES (§§ 27-1-101 — 27-2-101) › Article 1 - [Repealed] DEPARTMENT OF HUMAN SERVICES (§ 27-1-101) › Section 27-1-101 - to 27-1-306 - [Repealed]

L. 2010: Entire article repealed, (SB 10 -175), ch. 188, p. 675, § 1, effective April 29.
This article was numbered as article 11 of chapter 3, C.R.S. 1963. The provisions of this article were relocated to articles
66
,
68
, and
90
of this title.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › DEPARTMENT OF HUMAN SERVICES (§§ 27-1-101 — 27-2-101) › Article 2 - [Repealed] GENERAL ADMINISTRATIVE PROVISIONS (§ 27-2-101) › Section 27-2-101 - to 27-2-110 - [Repealed]

L. 2010: Entire article repealed, (SB 10 -175), ch. 188, p. 675, § 1, effective April 29.
This article was numbered as article 3 of chapter 130, C.R.S. 1963. The provisions of this article were relocated to article
91
of this title.
2023 Colorado Revised Statutes › Title 27 - BEHAVIORAL HEALTH (§§ 27-1-101 — 27-94-107) › MENTAL HEALTH (§§ 27-9-101 — 27-16-101) › GENERAL PROVISIONS (§§ 27-9-101 — 27-12-101) › Article 9 - [Repealed] COMMITMENT AND GENERAL PROVISIONS (§ 27-9-101) › Section 27-9-101 - to 27-9-133 - [Repealed]

(1) This article was numbered as article 1 of chapter 71, C.R.S. 1963. This article was repealed on revision as obsolete, effective July 1, 1975. For pertinent information concerning this article, see (2) of this note.
(2) The article was repealed and reenacted in 1973 with an effective date of July 1, 1974. (See L. 73, p. 819.) Section 3 of chapter 67, Session Laws of Colorado 1974, changed the effective date of the repeal and reenactment from July 1, 1974, to July 1, 1975. (See L. 74, p. 287.) In compiling C.R.S. 1973, which was not available until 1974, two versions were printed. Article 1 of chapter 71, C.R.S. 1963, was reorganized and renumbered as article
9
of title
27
in the compilation of C.R.S. 1973 and contained the original version of article 1 of chapter 71 found in C.R.S. 1963 in effect until July 1, 1975. The repealed and reenacted version of article 1 of chapter 71, C.R.S. 1963, effective July 1, 1975, was renumbered as article 10 in the compilation of C.R.S. 1973 and replaced article 9.
For current provisions concerning care and treatment of persons with mental illness, see article 65 of this title.