8 Colo. Code Regs. § 1403-1-3.128

Current through Register Vol. 48, No. 1, January 10, 2025

Section 8 CCR 1403-1-3.128 - CHILD CARE PROVIDER RESPONSIBILITIES

A. Child care providers shall maintain a valid child care license as required by Colorado statute unless exempt from the Child Care Licensing Act.

B. Child care providers shall report to the county if their license has been revoked, suspended, or denied within three (3) calendar-days of receiving notification or a recovery will be established of all payments made as of the effective date of closure.

C. Child care providers shall report to the county and state licensing any changes in address no less than thirty (30) calendar-days prior to the change.

D. Child care providers shall report to the county and state licensing any changes in phone number within ten (10) calendar-days of the change.

E. Child care providers shall allow parents, adult caretakers, or teen parents immediate access to the child(ren) in care at all times.

F. Child care providers shall accept referrals for child care without discrimination with regard to race, color, national origin, age, sex, religion, marital status, sexual orientation, or physical or mental handicap.

G. Child care providers shall provide children with adequate food, shelter, and rest as defined in licensing rule (12 CCR 2509-8, incorporated by reference in rule section 3.103(GGGG), above).

H. Child care providers shall keep all records regarding children and all facts learned about children and their relatives confidential pursuant to section 26.5-5-316(4), C.R.S.

I. Child care providers shall protect children from abuse/neglect and immediately report any suspected child abuse and neglect to the county, local law enforcement agency, or the Colorado Child Abuse and Neglect Hotline.

J. Child care providers shall provide child care at the facility address listed on the fiscal agreement and ensure care is provided by the person or business listed on the fiscal agreement. Exceptions are defined in licensing rules (12 CCR 2509-8, incorporated by reference in rule section 3.103(GGGG), above).

K. Child care providers will not be reimbursed for any care provided before the fiscal agreement start date and after the fiscal agreement end date.

L. Child care providers shall sign the fiscal agreement and all other county or state required forms. Payment shall not begin prior to the first of the month in which the fiscal agreement has been signed and received by the county.

M. Child care providers shall comply with Attendance Tracking System (ATS) requirements as defined in rule section 3.133.

N. Child care providers shall develop an individualized care plan (ICP) for children with additional care needs based upon the Individual Education Plan (IEP), or Individual Health Care Plan (IHCP), and provide a copy to the county eligibility worker on an annual basis or other alternate period of time determined in the plan.

O. Licensed child care providers shall maintain proof of up-to-date immunizations for the children in their care in accordance with rule section 7.712.52 (12 CCR 2509-8, incorporated by reference in rule section 3.103(GGGG), above). This rule does not apply to the following:

1. Qualified exempt child care Providers caring for children in the child's own home; or

2. Qualified exempt child care Providers caring only for children related to the child care provider such as grandchildren, great-grandchildren, siblings, nieces, or nephews, etc.

P. Child care Providers shall maintain paper or electronic sign in/out sheets that the person authorized to drop off/pick up the children has signed with the date, names of the children, and the time the children arrive and leave each day the children attend care. These records shall be available for county review upon request and maintained for the current year plus the three (3) immediately preceding years.

Q. Child care providers shall report non-payment of parent fees no later than sixty (60) calendar days after the end of the month the parent fees are due unless county policy requires it earlier. The unpaid parent fees can be reported by fax, e-mail or other electronic systems, in writing, or on the billing form.

R. Child care providers shall notify the county of unexplained, frequent and/or consistent absences within ten (10) calendar-days of establishing a pattern.

S. Child care providers shall not charge counties more than their established private pay rates.

T. Child care providers shall not charge adult caretakers or teen parents rates in excess of daily reimbursement rates agreed upon in the fiscal agreement (this includes the agreed upon registration, mandatory activity, and transportation fees if the county pays these fees).

U. If a licensed child care provider chooses to charge families for absences for which the county does not provide reimbursement, they shall use the CCCAP daily reimbursement rate agreed upon in the fiscal agreement.

V. Child care providers shall offer free, age-appropriate alternatives to voluntary activities. Child care providers shall only bill for:

1. Care that was authorized and provided;

2. Reimbursable registration fees;

3. Reimbursable activity fees;

4. Reimbursable transportation fees;

5. Reimbursable hold slots;

6. Reimbursable drop in days; and/or

7. Reimbursable absence payments.

W. Child care providers shall bill counties monthly for payments that were not automatically processed through CHATS including but not limited to:

1. Care that was authorized and provided;

2. Reimbursable registration fees;

3. Reimbursable activity fees;

4. Reimbursable transportation fees;

5. Reimbursable hold slots;

6. Reimbursable drop in days; and/or

7. Reimbursable absence payments

X. Payment for services shall be forfeited if the original Department-prescribed manual claim form is not submitted within sixty (60) calendar-days following the month of service.

Y. Reimbursable activity and/or transportation fees shall be billed for in accordance to the timeframe which is outlined in the current fiscal agreement.

Z. Child care providers shall not hold, transfer, or use an adult caretaker or teen parent's individual attendance credentials. If intentional misuse is founded by any county or state agency, the child care provider will be subject to fiscal agreement termination as outlined in rule section 3.134.

8 CCR 1403-1-3.128

46 CR 21, November 10, 2023, effective 10/1/2023, exp. 1/27/2024 (Emergency)

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

47 CR 13, July 10, 2024, effective 7/30/2024