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 1 - COLORADO CHILD CARE ASSISTANCE PROGRAM (§§ 26.5-4-101 — 26.5-4-121) › Section 26.5-4-118 - Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants

(1)
The executive director may establish reasonable rules to provide safeguards restricting the use or disclosure of information concerning applicants, recipients, and former and potential recipients of federally aided child care assistance to purposes directly connected with the administration of the Colorado child care assistance program and related department activities and covering the custody, use, and preservation of the records, papers, files, and communications of the department and county departments. Whenever, under provisions of law, names and addresses of applicants for, recipients of, or former and potential recipients of child care assistance are furnished to or held by another agency, department of government, or an auditor conducting a financial or performance audit of a county department pursuant to section
26-1-114.5
, the agency, department, or auditor is required to prevent the publication of lists and uses of the lists for purposes not directly connected with the administration of the Colorado child care assistance program.
(2)
(a)
(I)
Except as provided in subsections (2)(a)(II) and (2)(a)(III) of this section, or except as disclosure is otherwise required by statute or by rule of civil procedure for child support establishment or enforcement purposes, it is unlawful for a person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving child care assistance directly or indirectly derived from the records, papers, files, or communications of the department or county departments or subdivisions or agencies thereof or acquired in the course of the performance of official duties. A financial institution or insurance company that provides the data, whether confidential or not, required by the department, in accordance with the provisions of this subsection (2), is not liable for providing the data to the department nor for any use the department makes of the data.
(II)
The information described in subsection (2)(a)(I) of this section may be disclosed for purposes directly connected with the administration of the Colorado child care assistance program and in accordance with this subsection (2) and with department rules.
(III)
(A)
Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the department shall provide the bureau with information concerning the location of any person whose name appears in the department's records who is the subject of an outstanding felony arrest warrant. Upon receipt of the information, it is the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the department. Location information provided pursuant to this section must be used solely for law enforcement purposes. The department and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the department nor its employees or agents are liable in a civil action for providing information in accordance with the provisions of this subsection (2)(a)(III)(A).
(B)
As used in subsection (2)(a)(III)(A) of this section, "law enforcement agency" means an agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to a police department, a sheriff's department, a district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation.
(b)
By signing an application or redetermination of eligibility form for child care assistance, an applicant authorizes the department to obtain records pertaining to information provided in that application or redetermination of eligibility form from a financial institution, as defined in section
15-15-201(4)
, or from an insurance company. The application or redetermination of eligibility form must contain language clearly indicating that signing constitutes such an authorization.
(c)
A county department shall not deny an applicant or discontinue a recipient due to the disclosure of assets unless and until the county department has assured that the assets taken together with other assets exceed the limit for eligibility of countable assets.
(3)
The applicant for or recipient of child care assistance, or the applicant's or recipient's representative, must have an opportunity to examine all applications and pertinent records concerning the applicant or recipient that constitute a basis for denial, modification, or termination of child care assistance or to examine the records in the case of a fair hearing.
(4)
A person who violates subsection (1) or (2) of this section commits a petty offense.
Added by 2022 Ch. 123,§3, eff. 7/1/2022.