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 26.5-5-326 - Exempt family child care home providers - fingerprint-based criminal history record check - child care assistance program money - temporary care - rules - definitions

(1)
(a)
(I)
An exempt family child care home provider who provides care for a child and an individual who provides care for a child who is related to the individual, referred to collectively in this section as a "qualified provider", is subject to a fingerprint-based criminal history record check, referred to in this section as an "FCC", as provided in this section and the rules authorized in section
26.5-5-316 (1)(a)(I) and (1)(a)(II)
, if the child's care is funded in whole or in part with money received on the child's behalf from the publicly funded Colorado child care assistance program. The provisions of this section apply to exempt family child care home providers or individuals who provide care to a related child who receive money from the publicly funded Colorado child care assistance program pursuant to contracts or other payment agreements entered into or renewed on or after May 25, 2006.
(II)
Each adult eighteen years of age or older who resides with a qualified provider where the care is provided, referred to in this section as a "qualified adult", is subject to the FCC required pursuant to this section.
(III)
The FCC required for a qualified provider or qualified adult pursuant to this section must include a fingerprint-based criminal history records check utilizing the records of the Colorado bureau of investigation and, for qualified providers or qualified adults applying for child care assistance program money on or after August 10, 2011, the federal bureau of investigation. As part of the FCC, the department shall access the records and reports of child abuse or neglect maintained by the state department of human services to determine whether the subject of the FCC has been found to be responsible in a confirmed report of child abuse or neglect. Information shall be 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)
.
(IV)
The Colorado bureau of investigation's background check portion of the FCC required pursuant to this section is a prerequisite to the issuance or renewal of a contract for receipt of money pursuant to the Colorado child care assistance program as provided in part 1 of article
4
of this title 26.5. The department shall not issue or renew a contract for payment of money pursuant to Colorado child care assistance program to a qualified provider who fails to submit the Colorado bureau of investigation's background check portion of the FCC or fails to submit fingerprints for a qualified adult.
(V)
The federal bureau of investigation's portion of the FCC required pursuant to this section is a prerequisite to the issuance of an initial contract, and must be conducted every five years thereafter, for receipt of money pursuant to the Colorado child care assistance program as provided in part 1 of article
4
of this title 26.5. The department shall not issue or renew a contract for payment of money pursuant to the Colorado child care assistance program to a qualified provider who fails to submit the federal bureau of investigation's portion of the FCC or fails to submit fingerprints for a qualified adult at the time of initial contract or every five years thereafter.
(b)
A qualified provider shall notify the county with whom the qualified provider has contracted pursuant to the Colorado child care assistance program upon any change of circumstances that results in the presence of a new qualified adult. A new qualified adult is required to undergo an FCC as provided in this section, even if the Colorado child care assistance program contract is not subject to renewal when the qualified adult moves into the residence where the care is provided.
(c)
A qualified provider or qualified adult who undergoes an FCC shall, with submittal of fingerprints, pay to the department a fee established by department rule pursuant to subsection (6) of this section to offset the costs associated with processing the FCC through the Colorado bureau of investigation and the federal bureau of investigation.
(2)
(a)
When the results of an FCC performed pursuant to subsection (1) of this section reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section
22-2-119.3 (6)(d)
.
(b)
A person who undergoes a name-based judicial record check shall pay to the department a fee established by department rule pursuant to subsection (6) of this section to offset the costs associated with performing the name-based judicial record check.
(3)
The department or a county department shall not issue or renew a contract to provide money to a qualified provider under the Colorado child care assistance program pursuant to part 1 of article
4
of this title 26.5 if the qualified provider or a qualified adult has been convicted of:
(a)
Child abuse, as described in section
18-6-401
;
(b)
A crime of violence, as defined in section
18-1.3-406
;
(c)
Any felony offense involving unlawful sexual behavior, as defined in section
16-22-102 (9)
;
(d)
Any 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
;
(e)
Any felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of the FCC; or
(f)
Any offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (3)(a) to (3)(e) of this section.
(4)
The department or a county department shall not issue or renew a contract to provide money pursuant to the Colorado child care assistance program pursuant to part 1 of article
4
of this title 26.5 to a qualified provider if the qualified provider or a qualified adult:
(a)
Has a pattern of misdemeanor or petty offense convictions occurring within the ten years preceding submission of the application, including petty offense convictions pursuant to section
26.5-5-321
. The executive director shall define by rule what constitutes a pattern of misdemeanor or petty offense convictions.
(b)
Has been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to part 3 or 4 of article
14
of title
15
, or section
27-65-110 (4)
or
27-65-127
, an order specifically finding that the mental incompetency or insanity is of such a degree that the qualified provider cannot safely operate a child care home. The record of the determination and entry of the order are conclusive evidence thereof. A qualified provider shall sign an attestation affirming the lack of such a finding prior to entering into or renewing a contract for money under the Colorado child care assistance program, pursuant to section
26.5-4-112 (2)
.
(5)
A qualified provider who has submitted to an FCC by the Colorado bureau of investigation and the federal bureau of investigation may, pending the receipt of the results of the FCC, continue to receive money from the Colorado child care assistance program.
(6)
The executive director shall promulgate rules to establish the amount of the fee to collect from a qualified provider or qualified adult who is subject to an FCC pursuant to subsection (1) of this section or a name-based judicial record check pursuant to subsection (2) of this section. The department is authorized to collect the fee at the time of the FCC or name-based judicial record check.
Amended by 2023 Ch. 303,§ 65, eff. 8/7/2023.
Amended by 2023 Ch. 434,§ 18, eff. 6/9/2023.
Renumbered from C.R.S. §
26-6-120
and amended by 2022 Ch. 123, §3, eff. 7/1/2022.
Amended by 2022 Ch. 114, §51, eff. 4/21/2022.
Amended by 2021 Ch. 244, §5, eff. 6/16/2021.
Amended by 2019 Ch. 125, §48, eff. 4/18/2019.
L. 2006: Entire section added, p. 1081, § 3, effective May 25. L. 2007: (1)(a)(I) and (4) amended, p. 317, § 1, effective April 2. L. 2010: (1), IP(2), IP(3), (3)(b), (4), and (5) amended, (SB 10 -118), ch. 345, p. 345, §1, effective April 15; (3)(b) amended, (SB 10-175), ch. 805, p. 805, § 78, effective April 29. L. 2011: (1)(a)(III) amended, (HB 11-1145), ch. 563, p. 563, § 4, effective August 10. L. 2019: (1.5) added and (5) amended, (HB 19-1166), ch. 557, p. 557, § 48, effective April 18. L. 2021: IP(3) and (3)(a) amended, (SB 21-201), ch. 244, p. 1318, § 5, effective June 16.
Amendments to subsection (3)(b) by Senate Bill 10-175 and Senate Bill 10-118 were harmonized.
2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).