reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-906 - Compliance with local government zoning regulations - notice to local governments - provisional licensure - repeal

(1)
The department shall require a residential or day treatment child care facility seeking a license pursuant to section
26-6-905
to comply with any applicable zoning and land use development regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning and land use regulations constitutes grounds for the denial of a license to a facility.
(2)
The department shall ensure that timely written notice is provided to the municipality, city and county, or county where a residential or day treatment child care facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs:
(a)
A person applies for a license to operate a facility pursuant to section
26-6-905
;
(b)
A license is granted to operate a facility pursuant to section
26-6-905
; or
(c)
A change is made in the license of a facility.
(3)
Notwithstanding any other provision of law to the contrary, in the event of a zoning or other delay or dispute between a facility and the municipality, city and county, or county where the facility is situated, the department may grant a provisional license to the facility for up to six months pending resolution of the delay or dispute.
(4)
(a)
(I)
Prior to July 1, 2024, the provisions of this section do not apply to a foster care home certified pursuant to this part 9 or to a specialized group facility that is licensed to provide care for three or more children pursuant to this part 9 but that is providing care for three or fewer children who are determined to have a developmental disability by a community centered board or who have a serious emotional disturbance.
(II)
This subsection (4)(a) is repealed, effective July 1, 2024.
(b)
On and after July 1, 2024, the provisions of this section do not apply to a foster care home certified pursuant to this part 9 or to a specialized group facility that is licensed to provide care for three or more children pursuant to this part 9 but that is providing care for three or fewer children who are determined to have an intellectual and developmental disability by a case management agency, as defined in section
25.5-6-1702
, or who have a serious emotional disturbance.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-908 - [Effective Until 9/1/2024] Application forms - criminal sanctions for perjury

(1)
(a)
(I)
All applications for the licensure of a child placement agency or a residential or day treatment child care facility or the certification of a foster care home pursuant to this part 9 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 facility or agency 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)
A person applying for the licensure of a facility or agency or the certification of a foster care home pursuant to this part 9, or a person applying to work at a facility or agency 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, shall be punished accordingly.
(3)
Every application for certification or licensure as a foster care home must provide notice to the applicant that the applicant may be subject to immediate revocation of certification or licensure or other negative licensing action as set forth in this section (3) and section
26-6-913
and as described by rule of the state board.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-908 - [Effective 9/1/2024] Application forms - criminal sanctions for perjury

(1)
(a)
(I)
All applications for the licensure of a child placement agency or a residential or day treatment child care facility or the certification of a foster care home or kinship foster care home pursuant to this part 9 must include the notice to the applicant set forth in subsection (1)(b) of this section.
(II)
Every application used in the state of Colorado for employment with a facility or agency 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)
A person applying for the licensure of a facility or agency or the certification of a foster care home or kinship foster care home pursuant to this part 9, or a person applying to work at a facility or agency 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, shall be punished accordingly.
(3)
Every application for licensure or certification as a foster care home or kinship foster care home must provide notice to the applicant that the applicant may be subject to immediate revocation of licensure or certification or other negative licensing action as set forth in this section (3) and section
26-6-913
and as described by rule of the state board.
Amended by 2024 Ch. 289,§ 10, eff. 9/1/2024.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-913 - [Effective Until 9/1/2024] Revocation of certification of foster care home - emergency procedures - due process

Notwithstanding any other provision of law to the contrary, a county department may act immediately to revoke the certification of a county-certified foster care home when the county department has reason to believe that a child residing in the foster care home is subject to an immediate and direct threat to the child's safety and welfare or when a substantial violation of a fundamental standard of care warrants immediate action. If the county department acts pursuant to this section, a due process hearing shall be held within five days after the action and conducted as the hearing would normally be conducted pursuant to article
4
of title
24
.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-913 - [Effective 9/1/2024] Revocation of certification of foster care home or kinship foster care home - emergency procedures - due process

Notwithstanding any other provision of law to the contrary, a county department may act immediately to revoke the certification of a county-certified foster care home or kinship foster care home when the county department has reason to believe that a child residing in the foster care home or kinship foster care home is subject to an immediate and direct threat to the child's safety and welfare or when a substantial violation of a fundamental standard of care warrants immediate action. If the county department acts pursuant to this section, a due process hearing shall be held within five days after the action and conducted as the hearing would normally be conducted pursuant to article
4
of title
24
.
Amended by 2024 Ch. 289,§ 15, eff. 9/1/2024.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-915 - Notice of negative licensing action - filing of complaints

(1)
(a)
When a facility or agency licensed pursuant to this part 9 has been notified by the department of a negative licensing action or the imposition of a fine pursuant to section
26-6-914 (2) and (8)
, it shall, within ten days after receiving the notice, provide the department with the names and mailing addresses of the parents or legal guardians of each child cared for at the facility or agency. The department shall maintain the confidentiality of the names and mailing addresses provided to it pursuant to this subsection (1).
(b)
Within twenty days after receiving the names and addresses of parents and legal guardians pursuant to subsection (1)(a) of this section, the department shall send a written notice to each such parent or legal guardian identifying the negative licensing action or the fine imposed and providing a description of the basis for the action as it relates to the impact on the health, safety, and welfare of the children in the care of the facility or agency. The department shall send the notice to the parents and legal guardians by first-class mail.
(c)
The state board shall promulgate rules concerning the assessment of a fine against a licensee that is equal to the direct and indirect costs associated with the mailing of the notice described in subsection (1)(b) of this section.
(d)
This subsection (1) does not preclude the state department or a county department from notifying parents or legal guardians of serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 9 that could impact the health, safety, or welfare of a child cared for at the facility or home.
(2)
The state board shall promulgate rules requiring facilities and agencies to provide written notice to the parents and legal guardians of the children cared for in the facilities and agencies of the procedures by which to file a complaint against the facility or agency or an employee of the facility or agency with the division within the department that is responsible for facility and agency licensing. The rules must specify the information that the notice must contain and must require that the notice include the current mailing address and telephone number of the division within the department that is responsible for facility and agency licensing.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-916 - Institutes

The department may hold institutes and programs for licensees under this part 9 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 9. In conducting the institutes and programs, the department may request the assistance of health, education, and fire safety officials.
Added by 2022 Ch. 123,§17, eff. 7/1/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-917 - Acceptance of federal grants

The department is authorized to accept, on behalf of the state, any grants of federal funds made available for any purposes consistent with the provisions of this part 9. The executive director of the department, with the approval of the governor, has the power to direct the disposition of any grants so accepted in conformity with the terms and conditions under which they are given.
Added by 2022 Ch. 123,§17, eff. 7/1/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-918 - 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 a person from operating a facility or agency without a license that is required to be licensed pursuant to this part 9. If the person does not have a valid license pursuant to this part 9, the person's license has been revoked pursuant to section
26-6-914
, or the person does not meet the licensing exemption criteria set forth in section
26-6-904
, yet provides child care and has a pattern of providing the child care without a valid license as required by this part 9, and despite having received notification from the department that the person, facility, or agency is in violation of the law, then the person, facility, or agency 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 operating the facility or agency 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 as required by this part 9. In case of a violation of an injunction issued pursuant to this section, the court may summarily try and punish the offender for contempt of court. Injunctive proceedings pursuant to this section are in addition to and not in lieu of the penalty provided in section
26-6-919
.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-919 - Penalty

On or after July 1, 2021, a person violating any provision of this part 9, intentionally making a false statement or report to the department or to an agency delegated by the department to make an investigation or inspection pursuant to the provisions of this part 9, or violating a cease-and-desist order that is not cured is guilty of 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.
Added by 2022 Ch. 123,§17, eff. 7/1/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-920 - [Effective Until 9/1/2024] Periodic review of licensing regulations and procedures

At least every five years, the department shall conduct a comprehensive review of the licensing rules for foster care homes and child placement agencies and the procedures relating to and governing foster care homes and agencies, including procedures for the review of backgrounds of employees and owners. In conducting the periodic review, the department shall consult with foster care providers, child placement agencies, county departments, the department of public health and environment, and other interested parties throughout the state. The periodic review must include an examination of the rules applicable to foster care homes and child placement agencies; the process of licensing foster care homes and child placement agencies; uniformity of standards or lack thereof in the licensing process; statewide standardization of investigations and enforcement of licensing by the department; duplication and conflicts in rules, requirements, or procedures between the department and the department of public health and environment; and recommendations for streamlining and unifying the licensing process. The review must also include an examination of rules and procedures regarding the general physical and mental health of foster care providers, employees, and owners. At the conclusion of each review, the department shall report its findings and conclusions and its recommendations for administrative changes and for legislation to the state board.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-920 - [Effective 9/1/2024] Periodic review of licensing and certification rules and procedures

At least every five years, the department shall conduct a comprehensive review of the licensing and Certification rules for foster care homes, kinship foster care homes, and child placement agencies and the procedures relating to and governing foster care homes, kinship foster care homes, and agencies, including procedures for the review of backgrounds of employees and owners. In conducting the periodic review, the department shall consult with foster care providers, kinship foster care providers, child placement agencies, county departments, the department of public health and environment, and other interested parties throughout the state. The periodic review must include an examination of the rules applicable to foster care homes, kinship foster care homes, and child placement agencies; the process of licensing foster care homes and child placement agencies; the certification process for foster care homes and kinship foster care homes; uniformity of standards or lack thereof in the licensing process; statewide standardization of investigations and enforcement of licensing by the department; duplication and conflicts in rules, requirements, or procedures between the department and the department of public health and environment; and recommendations for streamlining and unifying the licensing process. The review must also include an examination of rules and procedures regarding the general physical and mental health of foster care providers, kinship foster care providers, employees, and owners. At the conclusion of each review, the department shall report its findings and conclusions and its recommendations for administrative changes and for legislation to the state board.
Amended by 2024 Ch. 289,§ 16, eff. 9/1/2024.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-921 - Civil penalties - fines - child welfare cash fund - created

(1)
In addition to any other penalty otherwise provided by law, including section
26-6-919
, a person who violates any provision of this part 9 or intentionally makes a 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 9 may be assessed a civil penalty up to a maximum of ten thousand dollars, as follows:
(a)
Two hundred and 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 9 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 of the department, who shall render a recommendation to the executive director of the department, who shall render the final decision of the department.
(4)
(a)
The department shall transmit fines collected pursuant to this section, section
26-6-914 (2) and (8)
, and section
26-6-915 (1)(c)
to the state treasurer, who shall credit the same to the child welfare cash fund, created in subsection (4)(b) of this section.
(b)
The balance as of July 1, 2022, in the child care cash fund, created pursuant to section
26-6-114 (5)
, as it existed prior to July 1, 2022, that is attributable to fines and civil penalties collected by the division in the department that is responsible for child welfare is hereby transferred to the child welfare cash fund, which fund is hereby created in the state treasury. The treasurer shall credit all interest derived from the deposit and investment of money in the child welfare cash fund to the fund. At the end of a fiscal year, all unexpended and unencumbered money in the child welfare cash fund remains in the fund and is not credited or transferred to the general fund or any other fund. Money in the child welfare 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.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6 - Child Care Centers (§§ 26-6-101 — 26-6-923) › Part 9 - FOSTER CARE, RESIDENTIAL, DAY TREATMENT, AND CHILD PLACEMENT AGENCY LICENSING (§§ 26-6-901 — 26-6-923) › Section 26-6-922 - Child placement agencies - information sharing - investigations by state department - recovery of money - rule-making

(1)
If a county department has substantiated evidence that a child placement agency with which the county has contracted to provide foster care services has violated the provisions of this part 9 or a rule of the state board, it shall communicate the information to the state department. A county department shall also identify whether it is requesting the state department to investigate a complaint against a child placement agency for possible negative licensing action against the child placement agency.
(2)
Upon receiving a request for investigation of a child placement agency from a county department, the state department shall commence an investigation and, upon conclusion, report its findings to the requesting county department. The state department shall include in its report to the county department the child placement agency's response, if any, to the findings.
(3)
The state department shall provide to county departments and affected child placement agencies direct access to information concerning the results of an investigation or negative licensing action taken against the affected child placement agency licensed to provide foster care services in Colorado.
(4)
(a)
The state department, in collaboration with the federal department of health and human services and other federal agencies and with county departments, shall seek recovery from a child placement agency of any public funds that the child placement agency has misused, as the term "misuse" is defined by rules promulgated pursuant to section
26-6-914 (2)(p)
.
(b)
A county and child placement agency that enters into a contract for the provision of foster care services shall include a provision in the contract that recognizes a right of the state department or county department to recover any funds misused by the child placement agency and to withhold subsequent payments. The provision in the contract must provide for an appeal of the decision to recover or withhold the funds. The state board shall promulgate rules that set forth the procedures for the appeal, which rules must require, at a minimum, reasonable notice to the child placement agency.
Added by 2022 Ch. 123, § 17, eff. 7/1/2022.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.2 - Early Childhood Child Care Access (§§ 26-6.2-101 — 26-6.2-301) › Part 1 - [Repealed] EARLY CHILDHOOD LEADERSHIP COMMISSION (§ 26-6.2-101) › Section 26-6.2-101 - to 26-6.2-107 - [Repealed]

Amended by 2022 Ch. 5, § 1, eff. 3/1/2022.
Repealed by 2021 Ch. 307, § 5, eff. 7/1/2022.
Renumbered as C.R.S. §
26.5-1-301
by 2021 Ch. 307, § 4, eff. 7/1/2022.
Amended by 2017 Ch. 345, § 1, eff. 8/9/2017.
Renumbered from C.R.S. § 24-44.7-101 and amended by 2013 Ch. 169, § 3, eff. 7/1/2013.
L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p. 559, § 3, effective July 1. L. 2017: (1)(a), (1)(c), (2)(a), IP(2)(b), and (3) amended, (HB 17-1106), ch. 345, p. 1817, § 1, effective August 9.
This section is similar to former § 24-44.7-101 as it existed prior to 2013.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.2 - Early Childhood Child Care Access (§§ 26-6.2-101 — 26-6.2-301) › Part 2 - [Repealed] INFANT AND FAMILY CHILD CARE STRATEGIC ACTION PLAN (§ 26-6.2-201) › Section 26-6.2-201 - to 26-6.2-204 - [Repealed]

Added by 2019 Ch. 128, § 2, eff. 8/2/2019.
(1) This part 2 was added in 2019 and was not amended prior to its repeal in 2020.
(2) Section
26-6.2-204
provided for the repeal of this part 2, effective July 1, 2020. (See L. 2019, p. 580.)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.2 - Early Childhood Child Care Access (§§ 26-6.2-101 — 26-6.2-301) › Part 3 - [Repealed] EARLY CHILDHOOD SERVICES TRANSITION (§ 26-6.2-301) › Section 26-6.2-301 - to 26-6.2-306 - [Repealed]

Repealed by 2022 Ch. 123, § 134, eff. 7/1/2022.
Added by 2021 Ch. 307, § 1, eff. 6/23/2021.
L. 2021: Entire part added, (HB 21-1304), ch. 1836, p. 1836, § 1, effective June 23.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.4 - [Repealed] COLORADO NURSE HOME VISITOR PROGRAM (§ 26-6.4-101) › Section 26-6.4-101 - to 26-6.4-108 - [Repealed]

Repealed by 2022 Ch. 123, § 135, eff. 7/1/2022.
Renumbered as C.R.S. §
26.5-3-501
to
26.5-3-508
by 2022 Ch. 123, § 3, eff. 7/1/2022.
Amended by 2020 Ch. 170, § 4, eff. 6/29/2020.
Amended by 2020 Ch. 157, § 64, eff. 7/1/2020.
Amended by 2019 Ch. 136, § 195, eff. 10/1/2019.
Amended by 2018 Ch. 204, § 2, eff. 5/4/2018.
Amended by 2018 Ch. 38, § 128, eff. 8/8/2018.
Amended by 2016 Ch. 153, eff. 7/1/2016.
Amended by 2015 Ch. 104, § 6, eff. 4/16/2015.
Amended by 2014 Ch. 93, § 2, eff. 3/27/2014.
Renumbered from C.R.S. § 25-31-101 to § 25-31-108 and amended by 2013 Ch. 169, § 4, eff. 7/1/2013.
Amended by 2013 Ch. 200, § 3, eff. 5/11/2013.
Amended by 2013 Ch. 74, § 8, eff. 3/22/2013.
L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p. 565, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.5 - [Repealed] EARLY CHILDHOOD AND SCHOOL READINESS (§§ 26-6.5-101 — 26-6.5-401) › Part 1 - [Repealed] EARLY CHILDHOOD COUNCILS (§ 26-6.5-101) › Section 26-6.5-101 - to 26-6.5-110 - [Repealed]

Repealed by 2022 Ch. 123, § 135, eff. 7/1/2022.
Renumbered as C.R.S. §
26.5-2-201
to
26.5-2-209
by 2022 Ch. 123, § 3, eff. 7/1/2022.
Amended by 2022 Ch. 5, § 1, eff. 3/1/2022.
Amended by 2021 Ch. 307, § 9, eff. 7/1/2022.
Amended by 2018 Ch. 245, § 3, eff. 5/24/2018.
Amended by 2020 Ch. 249, § 3, eff. 7/8/2020.
Amended by 2018 Ch. 90, § 4, eff. 8/8/2018.
Amended by 2018 Ch. 90, § 3, eff. 8/8/2018.
Amended by 2018 Ch. 90, § 2, eff. 8/8/2018.
Amended by 2018 Ch. 90, § 1, eff. 8/8/2018.
Amended by 2018 Ch. 59, § 8, eff. 8/8/2018.
Amended by 2018 Ch. 59, § 7, eff. 8/8/2018.
Amended by 2018 Ch. 38, § 130, eff. 8/8/2018.
Amended by 2018 Ch. 38, § 129, eff. 8/8/2018.
Amended by 2015 Ch. 204, § 45, eff. 5/20/2015.
Amended by 2013 Ch. 367, § 2, eff. 6/5/2013.
Amended by 2013 Ch. 169, § 25, eff. 7/1/2013.
L. 97: Entire article added, p. 1123, § 1, effective May 28. L. 2007: Entire section amended, p. 1633, § 1, effective May 31. L. 2009: (7) amended, (HB 09 -1343), ch. 355, p. 1855, § 2, effective June 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.5 - [Repealed] EARLY CHILDHOOD AND SCHOOL READINESS (§§ 26-6.5-101 — 26-6.5-401) › Part 2 - [Repealed] EARLY CHILDHOOD AND SCHOOL READINESS LEGISLATIVE COMMISSION (§ 26-6.5-201) › Section 26-6.5-201 - to 26-6.5-205 - [Repealed]

Amended by 2022 Ch. 5, § 1, eff. 3/1/2022.
Repealed by 2021 Ch. 307, § 5, eff. 7/1/2022.
Renumbered as C.R.S. §
26.5-1-401
to
26.5-1-404
by 2021 Ch. 307, § 4, eff. 7/1/2022.
Amended by 2020 Ch. 200, § 9, eff. 6/30/2020.
Amended by 2018 Ch. 335, § 1, eff. 5/30/2018.
Amended by 2018 Ch. 335, § 2, eff. 5/30/2018.
Amended by 2014 Ch. 390, § 26, eff. 6/6/2014.
Amended by 2013 Ch. 367, § 3, eff. 7/1/2013.
Recreated and reenacted with amendments by 2013 Ch. 367, § 1, eff. 6/5/2013.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.5 - [Repealed] EARLY CHILDHOOD AND SCHOOL READINESS (§§ 26-6.5-101 — 26-6.5-401) › Part 3 - [Repealed] COLORADO QUALITY IN CHILD CARE INCENTIVE GRANT PROGRAM (§ 26-6.5-301) › Section 26-6.5-301 - to 26-6.5-307 - [Repealed]

(1) This part 3 was added in 2010 and was not amended prior to its repeal in 2014.
(2) Section 26-6.5-307 provided for the repeal of this part 3, effective the July 1 following the receipt of the notice by the revisor of statutes pursuant to either 26-6.5- 307 (1)(a) or (1)(b). On July 11, 2013, the revisor of statutes received the notice referred to in 26-6.5-307(1)(b) related to the repeal. For more information about the repeal and notice, see HB 10-1026. ( L. 2010, p. 387 .)
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.5 - [Repealed] EARLY CHILDHOOD AND SCHOOL READINESS (§§ 26-6.5-101 — 26-6.5-401) › Part 4 - [Repealed] EARLY CHILDHOOD MENTAL HEALTH CONSULTATION PROGRAM (§ 26-6.5-401) › Section 26-6.5-401 - to 26-6.5-407 - [Repealed]

Repealed by 2022 Ch. 123, § 135, eff. 7/1/2022.
Renumbered as C.R.S. §
26.5-3-701
to
26.5-3-707
by 2022 Ch. 123, § 3, eff. 7/1/2022.
Added by 2020 Ch. 249, § 4, eff. 7/8/2020.
L. 2020: Entire part added, (HB 20-1053), ch. 1216, p. 1216, § 4, effective July 8.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.7 - [Repealed] COLORADO INFANT AND TODDLER QUALITY AND AVAILABILITY GRANT PROGRAM (§ 26-6.7-101) › Section 26-6.7-101 - to 26-6.7-105 - [Repealed]

Repealed by 2022 Ch. 123, § 135, eff. 7/1/2022.
Renumbered as C.R.S. §
26.5-5-201
to
26.5-5-205
by 2022 Ch. 123, § 3, eff. 7/1/2022.
Amended by 2018 Ch. 90, § 8, eff. 8/8/2018.
Amended by 2018 Ch. 90, § 7, eff. 8/8/2018.
Amended by 2018 Ch. 90, § 6, eff. 8/8/2018.
Amended by 2018 Ch. 90, § 5, eff. 8/8/2018.
Amended by 2018 Ch. 38, § 131, 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. 2120, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.8 - Tony Grampsas Youth Services Program (§§ 26-6.8-101 — 26-6.8-106) › Section 26-6.8-101 - Definitions

As used in this article 6.8, unless the context otherwise requires:
(1)
"Board" means the Tony Grampsas youth services board created in section
26-6.8-103
.
(2)
"Entity" means a local government, a Colorado public or not-for-profit school, a group of public or not-for-profit schools, a school district or group of school districts, a board of cooperative services, an institution of higher education, the Colorado National Guard, or a private nonprofit or not-for-profit community-based organization.
(3)
"Executive director" means the executive director of the state department of human services.
(4)
"State department" means the state department of human services.
Amended by 2022 Ch. 23,§1, eff. 3/17/2022.
Added by 2013 Ch. 169,§5, eff. 7/1/2013.
L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p. 573, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 6.9 - [Repealed] CHILD CARE SERVICES AND SUBSTANCE USE DISORDER TREATMENT PILOT PROGRAM (§ 26-6.9-101) › Section 26-6.9-101 - to 26-6.9-103 - [Repealed]

Repealed by 2022 Ch. 123, § 135, eff. 7/1/2022.
Renumbered as C.R.S. §
26.5-3-301
to
26.5-3-303
by 2022 Ch. 123, § 3, eff. 7/1/2022.
Amended by 2020 Ch. 286, § 51, eff. 7/13/2020.
Amended by 2020 Ch. 124, § 3, eff. 6/24/2020.
Added by 2019 Ch. 272, § 9, eff. 5/23/2019.
L. 2019: Entire article added, (HB 19-1193), ch. 2572, p. 2572, § 9, effective May 23. L. 2020: (1) amended, (SB 20-007), ch. 1416, p. 1416, § 51, effective July 13.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 7 - Subsidization of Adoption (§§ 26-7-101 — 26-7-110) › Section 26-7-101 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Colorado children and youth who reside in or have previously resided in an out-of-home placement deserve and can benefit from the stability and security of permanent, safe adoptive homes;
(b)
In particular, adoption is an important tool to help increase the number of permanent and stable homes for Colorado's abused and neglected children and youth; and
(c)
Many children and youth who are adopted in Colorado have experienced prior abuse, neglect, multiple placements, and institutionalization. These prior experiences often cause physical, psychological, emotional, and developmental harm that affects these children and youth throughout their lives.
(2)
Therefore, the general assembly declares that it is the intent of this article 7 to:
(a)
Encourage families of any economic status to adopt eligible children and youth and to provide such families with benefits that will enable them to meet the needs of eligible children and youth who meet the criteria for the benefits as established in this article 7;
(b)
Ensure that all families and eligible children and youth in Colorado have equal opportunities to access the benefits established in this article 7;
(c)
Ensure that all families and eligible children and youth in Colorado have equal access to consistent information, guidance, and practices to ensure that the needs of each child or youth receive consistent consideration, regardless of the agency that is administering benefits pursuant to this article 7;
(d)
Ensure that families are able to maintain safe and stable homes for the eligible children and youth they adopt through benefits tailored to accommodate and support the needs of the adopted eligible children and youth; and
(e)
Ensure that any agency providing benefits pursuant to this article 7 has clear guidance and support in its efforts to help eligible children and youth find and maintain safe, permanent adoptive homes.
Amended by 2019 Ch. 180,§ 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (SB 19-178), ch. 2040, p. 2040, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 7 - Subsidization of Adoption (§§ 26-7-101 — 26-7-110) › Section 26-7-103 - Adoption assistance program - created - administration - funding - reporting - legislative intent - rules - definition

(1)
The adoption assistance program is created in the state department and supervised by the state department. The program shall be administered by county departments pursuant to this article 7. The state department shall, through the state board of human services, adopt any rules necessary to implement the provisions of this article 7.
(2)
In addition to any money appropriated to the state department by the general assembly for the program, the state department is also authorized to accept, on behalf of the program, any federal funds made available for any purpose consistent with the provisions of this article 7.
(3)
The state department shall keep data as necessary to evaluate the program's effectiveness in providing stability to eligible children, youth, and families involved in adoption through the child welfare system. On or before November 1, 2020, and every November 1 thereafter, the state department shall prepare and make available to the public a report that includes, but is not limited to, information concerning:
(a)
The cost of administering the program, including expenditures for monthly subsidies and other benefits;
(b)
The types of services awarded through the program on a statewide basis;
(c)
The number of dissolved adoptions involving children and youth who qualified for or received benefits from the program;
(d)
The results of any program evaluation performed by the state department.
(4)
On or before January 2, 2025, and every January 2 thereafter, the state department shall report to the joint budget committee data on actual program caseload and expenditures for the prior year as well as projected program caseload and expenditures for the current year. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (4) continues indefinitely.
(5)
It is the general assembly's intent that the program operate as an entitlement program and, pursuant to section 24-75-109 (1)(b), the state department is authorized to overexpend its appropriation to allow for reimbursement of ninety percent of counties' costs.
(6)
As used in this section, unless the context otherwise requires, "program" means the adoption assistance program created in subsection (1) of this section.
Amended by 2024 Ch. 134,§ 4, eff. 4/29/2024.
Amended by 2019 Ch. 180, § 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (SB 19-178), ch. 2043, p. 2043, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 7 - Subsidization of Adoption (§§ 26-7-101 — 26-7-110) › Section 26-7-104 - General information for prospective adoptive families

(1)
At the time that the family is matched for adoption of a child or youth who is potentially eligible for benefits pursuant to this article 7, the state department, a county department, or a nonprofit child placement agency, as appropriate, shall provide the prospective adoptive family, in writing, with information concerning the following:
(a)
The availability of benefits, with an explanation of the differences between these benefits and foster care maintenance payments;
(b)
The availability of reimbursement for any nonrecurring expenses incurred in the adoption of an eligible child or youth;
(c)
The availability of mental health services through the state medical assistance program pursuant to articles
4
,
5
, and
6
of title
25.5
or other programs;
(d)
The federal adoption tax credit for an individual who is adopting or is considering adopting a child or youth in foster care or through a nonprofit child placement agency, in accordance with section 403 of the federal "Fostering Connections to Success and Increasing Adoptions Act of 2008", Pub.L. 110-351;
(e)
Notice of the general right to bring to the adoption assistance negotiation process:
(I)
Parties who possess relevant information about a child's or youth's history and needs, including the child's guardian ad litem or counsel for youth or the family's advocate; and
(II)
Legal representation for a child or youth or prospective adoptive family;
(f)
Notice of the right to appeal and be represented by legal counsel, at the prospective adoptive parents' expense, in accordance with the "State Administrative Procedure Act", article
4
of title
24
, and pursuant to section
26-7-109
; and
(g)
Notice of the general right to request a negotiation meeting.
(2)
The state department shall also make the information described in this section available on its website.
Amended by 2022 Ch. 92, § 35, eff. 1/9/2023.
Amended by 2019 Ch. 180, § 1, eff. 8/2/2019.
L. 73: p. 1228, § 1. C.R.S. 1963: § 119-15-4. L. 77: (3) amended and (4) added, p. 1361, § 1, effective June 19. L. 87: (4) amended, p. 821, § 41, effective October 1. L. 99: (4) amended, p. 1025, § 9, effective May 29. L. 2002: (2) amended, p. 192, § 1, effective August 7. L. 2007: (5) added, p. 1509, § 6, effective May 31.
2022 Ch. 92, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 7 - Subsidization of Adoption (§§ 26-7-101 — 26-7-110) › Section 26-7-105 - Eligibility for adoption benefits

(1)
Only an eligible child or youth who has special needs that create a barrier to his or her adoption is eligible for adoption benefits.
(2)
The following conditions must be present at the time the eligible child or youth was placed for adoption; except that a child or youth who meets the medical and disability requirements for federal supplemental security income does not need to meet the additional conditions:
(a)
The eligible child or youth was in the custody of a county department, a person to whom the custody of the child has been given by proper order of a dependency and neglect court, or a nonprofit child placement agency, and is legally available for adoption, including the resolution of all appeals; and
(b)
It has been determined that the eligible child or youth cannot or should not be returned home to his or her biological parents; and
(c)
Reasonable but unsuccessful efforts to place the eligible child or youth for adoption without benefits have been made, except under the following circumstances:
(I)
It is determined that such efforts would be against the best interest of the eligible child or youth because of factors that include, but are not limited to, the existence of a significant bond with the prospective adoptive parents or a search for a nonsubsidized adoptive placement would delay a child's or youth's right to permanency in a timely manner; or
(II)
The eligible child or youth is being placed by a birth parent with designated adoptive parents through a nonprofit child placement agency; and
(d)
The county department or nonprofit child placement agency has determined that the adoptive family has the capability of providing for the nonfinancial needs of the eligible child or youth.
Amended by 2019 Ch. 180,§ 1, eff. 8/2/2019.
L. 73: p. 1228, § 1. C.R.S. 1963: § 119-15-5.
L. 2019: Entire article R&RE, (SB 19-178), ch. 2044, p. 2044, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 7 - Subsidization of Adoption (§§ 26-7-101 — 26-7-110) › Section 26-7-106 - Available benefits

(1)
A county department may authorize or administer one or more of the types of benefits available pursuant to this article 7, as described in subsection (2) of this section.
(2)
The benefits available pursuant to this article 7 include:
(a)
Monthly subsidy payments;
(b)
Medical assistance pursuant to articles
4
,
5
, and
6
of title
25.5
;
(c)
Reimbursement for nonrecurring expenses incurred by or on behalf of the adoptive parent in connection with the adoption, included but not limited to:
(I)
Any fees ordinarily assessed by the state department, a county department, or a child placement agency for adoption investigations and home study reports; and
(II)
Any reasonable and necessary adoption fees, court costs, attorney fees, and other expenses that are directly related to the legal adoption of the child as described in
42 U.S.C. sec. 673(a)(1)
; and
(d)
Payment or reimbursement for other services or benefits as defined in section
26-7-102(3)
.
Amended by 2019 Ch. 180,§ 1, eff. 8/2/2019.
L. 73: p. 1228, § 1. C.R.S. 1963: § 119-15-6.
L. 2019: Entire article R&RE, (SB 19-178), ch. 2045, p. 2045, § 1, effective August 2.
2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 7 - Subsidization of Adoption (§§ 26-7-101 — 26-7-110) › Section 26-7-108 - Suspension of subsidies

(1)
The county department may suspend the payment of subsidies available pursuant to this article 7 when contact with the adoptive family cannot be established and the county department cannot establish that the adoptive parent is providing any support, which includes financial support as determined by the Title IV-E agency.
(2)
Prior to suspension, the county department shall provide notice to the adoptive parents of intent to suspend subsidy payments at least ten days prior to suspension and shall include in the notice:
(a)
A statement of the county department's intent to suspend subsidy payments, as well as the reasons and legal basis for the intended suspension;
(b)
A description of the adoptive parents' right to request a fair hearing pursuant to
45 CFR 205.10
;
(c)
A description of the circumstances under which adoption assistance must be continued if a hearing is requested; and
(d)
The circumstances under which a suspension may be reversed without a fair hearing.
(3)
When the subsidy payment is suspended, the eligible child or youth remains Title IV-E eligible, the Title IV-E agreement remains in effect, and the eligible child or youth remains eligible for, and in receipt of, medical assistance pursuant to articles
4
,
5
, and
6
of title
25.5
, if applicable.
Amended by 2019 Ch. 180,§ 1, eff. 8/2/2019.
L. 2019: Entire article R&RE, (SB 19-178), ch. 2047, p. 2047, § 1, effective August 2.