8 Colo. Code Regs. § 1402-1-2.104

Current through Register Vol. 47, No. 11, June 10, 2024

Section 8 CCR 1402-1-2.104 - DEFINITIONS

A. "Affiliate of a licensee" means any person or entity that owns more than five (5) percent of the ownership interest in the business operated by the licensee or the applicant for a license; or, any person who is directly responsible for the care and welfare of children served; or, any executive, officer, member of the governing board, or employee of a licensee; or, a relative of a licensee, which relative provides care to children at the licensee's facility or is otherwise involved in the management or operations of the licensee's facility.

B. "Annually" means the time frame from the initial date of hire, training, licensing, or certification, and the following twelve months.

C. "Calendar year" means the time frame from January 1 to December 31.

D. "Child abuse," and "child neglect" mean the same as in the definition of "child abuse or neglect" set forth in section 19-1-103(1), C.R.S., unless otherwise indicated.

E. "Child Care Center" has the same meaning as set forth in section 26.5-5-303(3), C.R.S.

F. "Children's Resident Camp" has the same meaning as set forth in section 26.5-5-303(5), C.R.S.

G. "Consumer Product Safety Commission", as referred to in rules Regulating Child Care Facilities, means the National Commission that establishes standards for the safety of children's equipment and furnishings and for playground safety. All facilities licensed under the Child Care Licensing Act are subject to the Consumer Product Safety Act, 15 U.S.C. §§ 2051-2090, and its implementing regulations, 16 C.F.R. Parts 1101, 1102, 1105, 1107, 1109,1110, 1112, 1115, 1116, 1117, 1120, 1130, 1145,1199,1200, 1203, 1207, 1213 through 1263, 1272, 1307, 1308, 1309, 1310, 1501, 1510, 1511, 1512, and 1513 (2022), herein incorporated by reference. No later editions or amendments are incorporated. These regulations are available at no cost at https://www.ecfr.gov/current/title-16/chapter-II. These regulations are also available for public inspection and copying at the Colorado Department of Early Childhood, 710 S. Ash St., Bldg. C, Denver, CO 80246, during regular business hours.

H. "Convicted" means a conviction by a jury or by a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.

I. "Critical incident" is a serious incident or concern, or potential incident or concern, that poses a danger to a child or children at the facility or of a staff member at the facility.

J. "Department" means the Colorado Department of Early Childhood.

K. "Employee" or "applicant for employment," for the purpose of the child abuse or neglect records check required in rule section 2.120, is defined as: an individual (other than an individual who is related to all children for whom child care services are provided):

1. Who is employed by a licensed or qualified exempt child care provider for compensation, including contract employees or self-employed individuals;

2. Whose activities involve the care or supervision of children for a licensed or qualified exempt child care provider or unsupervised access to children who are cared for or supervised by a licensed or qualified exempt child care provider; or

3. Any individual residing in a licensed or qualified exempt family child care home who is age 18 or older.

L. "Facility" is any business or operation established for the purpose of providing child care services that are required to be licensed pursuant to the Child Care Licensing Act, section 26.5-5-301et seq., C.R.S.

M. "Family Child Care Home," has the same meaning as set forth in section 26.5-5-303(7), C.R.S.

N. "Final Agency Decision" means the same as a final agency action or order in compliance with the State Administrative Procedure Act, section 24-4-106(2), C.R.S., that determines the rights and obligations of the parties and represents the conclusion of the agency's decision-making process.

O. "Guest Child Care Facility" means the same as set forth in 26.5-5-303 (10) C.R.S.

P. "Governing Body" means the individual, partnership, corporation, or association in which the ultimate authority and legal responsibility is vested for the administration and operation of a child care facility.

Q. "Health Department" is the Colorado Department of Public Health and Environment (CDPHE) or the local county department of health.

R. "Licensee" means the entity or individual to which a license is issued and that has the legal capacity to enter into an agreement or contract, assume obligations, incur and pay debts, sue and be sued in its own right, and be held responsible for its actions. A licensee may be a governing body.

S. "Licensing Specialist" is the authorized representative of the Department who inspects and audits child care facilities to ensure compliance with licensing requirements and to investigate possible violations of those requirements.

T. "Negative licensing action" or "adverse action," has the same meaning as set forth in section 26.5-5-303(16), C.R.S.,

U. "Neighborhood Youth Organization," means the same as set forth in section 26.5-5-303(17), C.R.S.

V. "Relative" means the same as set forth in section 26.5-5-303(24), C.R.S.

W. "Trails" means the Colorado Department of Human Services (CDHS) confidential information system which maintains abuse and neglect referrals, investigations, and the investigation outcomes.

8 CCR 1402-1-2.104

46 CR 22, November 25, 2023, effective 12/15/2023