Current through Register Vol. 48, No. 1, January 10, 2025
Section 8 CCR 1403-1-3.127 - ELIGIBLE FACILITIESA. Licensed Facilities The following facilities are required to be licensed and comply with licensing rules as defined in the Social Services rule manual, rule sections 7.701 through 7.712 of 12 CCR 2509-8, incorporated by reference in rule section 3.103(GGGG), above:
1. Family child care homes as defined in section 26.5-5-303(7), C.R.S.2. Child care centers which are less than 24-hour programs of care, as defined in section 26.5-5-303(3), C.R.S. B. Qualified Exempt Child Care Providers1. Qualified exempt child care provider: A non-licensed family child care home in which less than twenty-four (24) hour care is given at any one time that meets one of the following:a. For a relative qualified exempt provider, any number of children directly related to the provider; orb. For a qualified exempt provider that is not a relative of the children in care, no more than four (4) children in care, with no more than two (2) children under the age of two (2) years at any one time.1) if the provider's own children are in the provider's care, the provider's children count towards the maximum capacity of four (4).c. The federal regulations found at 45 CFR 98.41(a)(1)(i)(B)(1) (2024), are herein incorporated by reference. No later editions or amendments are incorporated. These regulations are available at no cost from the United States Department of Human Services at https://www.hhs.gov/. These regulations are available for public inspection and copying at the Colorado Department of Early Childhood, 710 S. Ash St., Denver, CO 80246, during normal business hours. Pursuant to the federal regulations, he relationships for care outlined in (A)-(B) of this rule section include:1) "Relative in-home care" means care provided by a relative in the child's own home by a person who is eighteen (18) years of age or older, does not meet the definition of "adult caretaker" or "teen parent"; is related to the child through marriage, blood, court decree, or adoption; and, is a grandparent; great-grandparent; sibling (if living in a separate residence than the eligible child); aunt; and/or uncle.2) "Relative out-of-home care" means care provided by a relative in another location by a person who is eighteen (18) years of age or older, does not meet the definition of "adult caretaker" or "teen parent" and is related to the child through marriage, blood, court decree, or adoption; and, is a grandparent; great-grandparent; sibling (if living in a separate residence than the eligible child); aunt; and/or uncle.3) "Non-relative in-home care" means care provided by a person, who is not a relative to the children in care, in the child's own home.4) "Non-relative out-of-home care" means care provided by a person, who is not a relative to the children in care, outside of the child's home.2. The counties or their designee shall register qualified exempt child care providers and include the following information: name, address (not a P.O. Box #), phone number, date of birth, and social security number or individual taxpayer identification number (ITIN). Any contract provided by an agency of a state or local government is considered a public benefit.3. Qualified Exempt Child Care Provider Requirementsa. Qualified exempt child care provider(s) must be at least eighteen (18) years of age.b. A qualified exempt child care provider shall not be the adult caretaker or teen parent of the child that is receiving care.c. A qualified exempt child care provider shall not be a sibling of the child that is receiving care if living in the same residence.d. As a prerequisite to signing a fiscal agreement with a county or its designee, a qualified exempt child care provider shall sign an attestation of mental competence. The attestation affirms that they, and any adult residing in the qualified exempt child care provider home where care is provided, has not been adjudged by a court of competent jurisdiction to be insane or mentally incompetent to such a degree that the individual cannot safely care for children.e. A qualified exempt child care provider shall complete and sign the provider information form and the self-attestation form agreeing to participate in additional training as identified. As a part of this agreement, the provider shall not have had any of their own children removed from the home or placed in a residential treatment facility. The self-attestation form must include the signature of the adult caretaker(s) or teen parent(s) acknowledging monitoring responsibilities. A provider information form must be provided to the county and Department any time there is a new member of the provider's household.4. Background Checks a. A qualified exempt child care provider and any adult eighteen years of age or older who resides in the exempt child care provider's home, not including the adult caretaker(s) or teen parent(s), must be subject to a county level background check. The information from the background check must serve only as the basis for further investigation.b. A qualified exempt child care provider and any adult eighteen years of age or older who resides in the exempt child care provider's home, not including the adult caretaker(s) or teen parent(s), must also be subject to and pass a criminal background review as follows: 1) A review of the Federal Bureau of Investigations (FBI) fingerprint-based criminal history records pursuant for section 26.5-5-326, C.R.S.;2) A review of the Colorado Bureau of Investigations (CBI) fingerprint-based criminal history records at application;3) An annual review of the state administered database for child abuse and neglect;4) An annual review of the CBI sex offender registry; and5) The national sex offender registry public website (upon notification to counties by the Department that the relevant state and federal systems are capable of accommodating this review).c. Information submitted to the CBI sex offender registry and the national sex offender registry public website shall include: 1) Known names and addresses of each adult residing in the home, not including the adult caretaker(s) or teen parents; andd. At the time of submission of the completed background check packet, as determined by state procedures, a qualified exempt child care provider shall submit certified funds (i.e., money order or cashier's check) to cover all fees indicated below. 1) A fee for the administrative costs referred to in rule section 7.701.4, (F) (12 CCR 2509-8), are incorporated by reference in rule section 3.103(GGGG), above. A fee for each set of submitted fingerprints for any adult who resides in the home where the care is provided, eighteen (18) years of age or older, not including the adult caretaker(s) or teen parent(s), will be required. Payment of the fee for the criminal record check is the responsibility of the individual being checked unless the county chooses to cover the cost associated with the criminal record check. Counties that choose to exercise this option shall document the policy within their county plan, which can be found on the Colorado Department of Early Childhood website at https://cdec.colorado.gov/colorado-child-care-assistance-program-for-families.
2) Counties will be notified of the date the background check has cleared and shall use that date as the effective date of reimbursement for the fiscal agreement. Child care authorizations must not begin until the background check has cleared. e. The qualified exempt child care provider(s) may continue to receive payment as long as the qualified exempt child care provider(s) or other adult is not ineligible due to the following circumstances: 1) Conviction of child abuse, as described in section 18-6-401, C.R.S.;2) Conviction of a crime of violence, as defined in section 18-1.3-406, C.R.S.;3) Conviction of any felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S.;4) Conviction of any felony that on the record includes an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;5) Conviction of any felony involving physical assault, battery or a drug related/alcohol offense within the five years preceding the date of the fingerprint-based criminal background check;6) Conviction of any offense in another state substantially similar to the elements described in Items 1 through 5, above;7) Has shown a pattern of misdemeanor convictions within the ten (10) years immediately preceding submission of the application. "Pattern of misdemeanor" shall include consideration of section 26.5-5-317, C.R.S., regarding suspension, revocation, and denial of a license, and shall be defined as: a) Three (3) or more convictions of third degree assault as described in section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in section 18-6-800.3, C.R.S.;b) Five (5) misdemeanor convictions of any type, with at least two (2) convictions of third degree assault as described in section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in section 18-6-800.3, C.R.S.; or,c) Seven (7) misdemeanor convictions of any type.8) Conviction has the same meaning as that in section 26.5-5-309(4)(A)(II), C.R.S. 5. A qualified exempt child care provider shall notify the county with whom he or she has contracted pursuant to a publicly funded state Child Care Assistance Program, within ten (10) calendar-days of any circumstances that result in the presence of any new adult in the residence.6. If required documents are not returned within thirty (30) days, the qualified exempt child care provider shall be denied a fiscal agreement.7. Additional requirements for non-relative qualified exempt child care providers: a. Completion of all pre-service health and safety trainings approved by the Department, within three months of providing services as a qualified exempt child care provider under the Colorado Child Care Assistance Program.b. An annual on-site health and safety inspection conducted by the Department or its designee. Non-relative qualified exempt providers shall correct any health and safety inspection standards within thirty (30) days after the inspection unless the results identify standards that must be corrected immediately.c. Qualified exempt non-relative child care providers shall meet the mandatory child abuse and neglect reporting requirements annually.d. If the non-relative qualified exempt child care provider fails to comply with any of the requirements in rule subsections (a)-(d) above, the county shall deny or terminate a fiscal agreement.8. Qualified exempt child care providers who are denied a fiscal agreement or whose fiscal agreement is terminated may request an informal conference with county staff responsible for the action, the supervisor for that staff, and the county director or director's designee to discuss the basis for this decision and to afford the qualified exempt child care provider(s) with the opportunity to present information as to why the qualified exempt child care provider(s) feels the county should approve or continue the fiscal agreement. Any request for a conference shall be submitted in writing within fifteen (15) calendar-days of the date the qualified exempt child care provider is notified of the action. The county shall hold that conference within two (2) weeks of the date of the request. The county shall provide written notice of its final decision to the qualified exempt child care provider(s) within fifteen (15) business days after the conference.9. Non-relative qualified exempt child care providers who are denied a fiscal agreement or whose fiscal agreement is terminated due to the Department's decision regarding adherence to health and safety standards may appeal the decision to the executive director of the Department or the executive director's designee in writing within fifteen (15) days of the county's decision. The executive director's decision is a final agency decision subject to judicial review by the state district court under section 24-4-106, C.R.S.10. If a qualified exempt child care provider has not had an open authorization for ninety (90) calendar days, the provider's fiscal agreement shall be closed in CHATS.C. For renewals, the county shall send fiscal agreements at least sixty (60) calendar-days prior to the end date of the previous fiscal agreement via postal service, fax, hand-delivery, or e-mail or other electronic systems.D. Payment Methods 1. Payment for purchased child care shall be made to the child care provider(s) through CHATS if it is a qualified exempt child care provider(s) or licensed facility.2. When a manual claim is needed to reimburse providers for payments that were not automatically processed through CHATS, the Department-prescribed child care manual claim form must be prepared and signed by the child care provider for increments of one month or less. The county shall utilize the Department-prescribed manual claim form to verify that the billing is for: a. Care that was authorized and provided;b. Reimbursable registration fees;c. Reimbursable activity fees;d. Reimbursable transportation fees;e. Reimbursable hold slots;f. Reimbursable drop in days; and/org. Reimbursable absence payments.E. Child care providers shall be provided with a written notice of the process of termination of the fiscal agreement on the Department's fiscal agreement form.46 CR 21, November 10, 2023, effective 10/1/2023, exp. 1/27/2024 (Emergency)46 CR 22, November 25, 2023, effective 12/15/202347 CR 13, July 10, 2024, effective 7/30/202447 CR 16, August 25, 2024, effective 9/14/2024