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 26.5-5-316 - Investigations and inspections - local authority - reports - rules

(1)
(a)
(I)
(A)
The department shall investigate and pass on each original application for a license, each application for a permanent 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 the license or renewal. As part of the investigation, the 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 department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section
26.5-5-309 (4)
or any other felony. The executive director shall promulgate rules that define and identify what the criminal history record check entails.
(B)
Rules promulgated by the executive director 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 of human services 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 of human services shall sign a statement that affirmatively states that the person has not been convicted of any charge of child abuse, unlawful sexual offense, or any felony. Prospective employers of exempted persons shall conduct reference checks of the prospective employees in order to verify previous work history and shall conduct personal interviews with each prospective employee.
(C)
Rules promulgated by the executive director 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)(D) 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 of human services 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 of human services pursuant to section
19-3-313.5 (4)
. Except as provided in subsection (1)(a)(I)(D) 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 in this section.
(D)
When 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 state department of human services, 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 3 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 state department of human services 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
26.5-5-309
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 state department of human services that requires action pursuant to this part 3; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control.
(E)
The executive director shall promulgate rules to implement this subsection (1)(a)(I).
(II)
Rules promulgated by the executive director pursuant to subsection (1)(a)(I) of this section must also include:
(A)
A comparison search on the Colorado state courts data access 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 department determines is appropriate for each circumstance in which the fingerprint check conducted by the Colorado bureau of investigation 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 department rules; and
(C)
When the results of an investigation performed pursuant to subsection (1)(a)(I) of this section or this subsection (1)(a)(II) reveal a record of arrest without a disposition, a name-based judicial record check, as defined in section
22-2-119.3 (6)(d)
.
(III)
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 subsection (1)(a)(I) of this section, the employer is not 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 is not subject to civil liability for the information given.
(b)
(I)
When the department 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 3 and that standards are being met and will be complied with, it shall issue the license for which applied. The 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
26.5-5-314
and department rules or that otherwise appear to be placing children at risk. The department may make such other inspections as it deems necessary to ensure that the requirements of this part 3 are being met and that the health, safety, and welfare of the children being placed are protected.
(II)
The executive director 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 executive director shall also adopt rules concerning a requirement that all facilities licensed under this part 3 post their licenses and information regarding the procedures for filing a complaint under this part 3 directly with the department, which rules must 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.
(III)
If, as a result of an inspection of a licensed child care center facility or family child care home facility, the department determines that there were no serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 3, within twenty days after completing the inspection the department shall send a written notice to the facility indicating such fact. Within ten days after receipt of the 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.
(2)
When the department receives a serious complaint about a child care facility licensed pursuant to this part 3 alleging the immediate risk of health or safety of the children cared for in such facility, the department shall respond to the complaint and conduct an on-site investigation concerning the complaint within forty-eight hours after its receipt.
(3)
(a)
(I)
Except as otherwise provided in subsection (3)(a)(II) of this section, the 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 3 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 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.
(II)
The 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 subsection (3)(a)(I) of this section of any facilities that provide twenty-four-hour care and are licensed pursuant to this part 3.
(b)
A city, county, or city and county may impose and enforce higher standards and requirements for facilities licensed under this part 3 than the standards and requirements specified under this part 3.
(4)
Every facility licensed under this part 3 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. The facility and the department shall keep all records regarding children and all facts learned about children and their relatives confidential.
Amended by 2023 Ch. 434,§ 16, eff. 6/9/2023.
Renumbered from C.R.S. §
26-6-106.7
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.