All rules in Section 7.701, et seq., shall be known and hereinafter referred to as the General Rules for Child Care Facilities and will apply to all child care applicants and licensees subject to the Child Care Licensing Act, Sections 26-6-101 to 26-6-119, C.R.S.
The State Department is authorized to hear and decide three kinds of appeal or waiver requests by applicants or licensees: hardship appeals in this rule set, also referred to as hardship waivers, stringency appeals, and materials waiver requests, according to the following procedures. For purposes of this Section 7.701.13, a county department of human/social services that certifies foster homes under § 26-6-106.3, C.R.S., is a "licensee."
All facilities licensed under the Child Care Licensing Act are subject to the following federal laws and regulations: the non-discrimination provisions of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000D eT SEQ. (2018), and its implementing regulation, 45 C.F.R. Part 80 (2018); the Age Discrimination Act of 1975, 42 U.S.C. §§ 6101-6017 (2018) and its implementing regulation, 45 C.F.R., Part 91 (2018); Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (2018), and its implementing regulation, 45 C.F.R. Part 84 (2018). All of which are hereby incorporated by reference. No later editions or amendments are incorporated. These statutes and regulations are available for public inspection and copying at the Colorado Department of Human Services 1575 Sherman St., 8th floor, Denver, Colorado 80203, during regular business hours. These statutes and regulations are also available at no cost at HTTP://USCODE.HOUSE.GOV AND HTTP://WWW.ECFR.GOV.
All facilities licensed under the Child Care Licensing Act are also subject to Titles I through V of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (2012), and it's implementing regulation, 29 C.F.R., part 1630 (2018), which are hereby incorporated by reference. No later editions or amendments are incorporated. These statutes and regulations are available for public inspection and copying at The Colorado Department of Human Services 1575 Sherman St., 8th floor, Denver, Colorado 80203, during regular business hours. These statutes and regulations are also available at no cost at HTTP://USCODE.HOUSE.GOV AND HTTP://WWW.ECFR.GOV.
Decisions related to the enrollment, placement, or dismissal of a child with a disability or chronic condition must be in compliance with the Americans with Disabilities Act. The facility must provide reasonable accommodations for the child with a disability who has special needs.
A lack of independent ambulation or the need for assistance in feeding, toileting, or dressing or in other areas of self-care cannot be used as sole criteria for enrollment or placement or denial of enrollment or denial of placement. Efforts must be made to accommodate the child's needs and to integrate the child with his/her peers who do not have disabilities.
"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 license, 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.
"Annually" means the time frame from the initial date of hire, training, licensing, or certification, and the following twelve months
"Calendar year" means the time frame from January 1 to December 31.
"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.
"Child Care Centers," are defined at section 26-6-102(5), C.R.S.
Types of child care centers are further detailed at section 7.702 , "Rules Regulating Child Care Centers".
A "school-age child care center" (referred to as the "center" in this subsection c1) means a child care center that provides care for five (5) or more children who are between five (5) years of age and up to the age of eighteen (18) years of age. Children 4 years of age, who will turn 5 on or before October 15th of the current calendar year may attend the center as part of a "building-based school-age child care program" or "building-based day camp" summer program prior to their kindergarten year. The center's purpose is to provide child care and/or an outdoor recreational experience using a natural environment. The center operates for more than one week during the year. The term includes facilities commonly known as "day camps", "summer camps", "summer playground programs", "before and after school programs", and "extended day programs." this includes centers operating with or without compensation for such care, and with or without stated educational purposes.
A "building-based school-age child care program" means a child care program that provides care for five (5) or more children who are between five (5) years of age and up to the age of eighteen (18) years of age. Four (4) year old children may attend a building based school age child care center the summer prior to attending kindergarten and the child's fifth (5th) birthday occurs on or before October 15th. The center is located in a building that is regularly used for the care of children.
A "mobile school-age child care program" provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade and up to the age of eighteen (18) years. Children move from one site to another by means of transportation provided by the governing body of the program. The program uses no permanent building on a regular basis for the care of children.
An "outdoor-based school-age child care program" provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade and up to the age of 18 years. This program uses no permanent building on a regular basis for the care of children. Children are cared for in a permanent outdoor or park setting.
"Child Placement Agency," is defined at section 26-6-102(7), C.R.S.
Child placement agencies are further detailed at section 7.710 , "Rules and Regulations for Child Placement Agencies".
To arrange for placement is to act as an intermediary by assisting a parent or guardian or legal custodian to place or plan to place a child with persons unrelated to the child for 24-hour care.
Any agency from out-of-state placing a child within Colorado must be licensed as a child placement agency by the State Department unless the placement services are coordinated with and provided by a county department of social services, human services or a child placement agency licensed by the State Department.
"Children's Habilitation Residential Program (CHRP) Waiver provides services for children and youth, ages birth (0) through twenty (20) years of age, who have an intellectual or developmental disability and very high needs. Their needs for support put them at risk of, or in need of, out-of-home placement. Waiver services help children and youth learn and maintain the skills needed to live in their communities."
"Children's Residential Camp," is defined at section 26-6-102(8), C.R.S.
Types of children's resident camps are further detailed at section 7.711 , "Rules Regulating Children's Resident Camps".
"Citizen/legal resident" means a citizen of the united states, current legal resident of the united states, or a person lawfully present in the united states.
"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.
"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.
"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.
"Cultural Responsiveness" means that an organization designs and implements services and practices that consider the unique culture of the individuals, families, and communities served.
"Day Treatment Center," is defined at section 26-6-102(10), C.R.S.
Day treatment centers are further detailed at section 7.706 , 12 CCR 2509-8, "Rules Regulating Day Treatment Centers".
"Employee" or "applicant for employment," for the purpose of the child abuse or neglect records check required in Section 7.701.32 , is defined as: an individual (other than an individual who is related to all children for whom child care services are provided):
Who is employed by a licensed or qualified exempt child care provider for compensation, including contract employees or self-employed individuals;
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
Any individual residing in a licensed or qualified exempt family child care home who is age 18 and older.
"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 26-6-101 et seq., C.R.S.
"Family Child Care Home," is defined at section 26-6-102(13), C.R.S
Types of family child care homes are further detailed at section 7.707 , "Rules Regulating Family Child Care Homes".
"Final Agency Action" means the determination made by the State Department, after opportunity for hearing to deny, suspend, revoke, or demote to probationary status a license issued pursuant to the Child Care Licensing Act or an agreement between the State Department and the licensee concerning the demotion of such a license to a probationary license.
"Foster Care Home," is defined at section 26-6-106(14) C.R.S
Types of foster care homes are further detailed at section 7.708 , "Rules Regulating Family Foster Care Homes".
"Governing Body" is the individual, partnership, corporation, or association in whom ultimate authority and legal responsibility are vested for the administration and operation of the child care facility.
"Health Department" is the Colorado Department of Public Health and Environment (CDPHE) or the local county department of health.
"Licensee" is the entity or individual to whom the license is issued and has the legal capacity to enter into agreements or contracts, assume obligations, incur and pay debts, sue and be sued in its own right, and to be held responsible for its actions. The licensee may be a governing body.
"Licensing Specialist" is the authorized representative of the State Department who inspects and audits child care facilities to ensure compliance with licensing requirements and to investigate possible violations of those requirements.
"Negative licensing action" is defined at Section 26-6-102(25), C.R.S. Neighborhood Youth Organization," is defined at section 26-6-102(26)(a), C.R.S.
Neighborhood youth organizations are further detailed at section 7.720 , "Rules Regulating Neighborhood Youth Organizations".
"Relative" is defined at SECTION 26-6-102(32), C.R.S.
"Residential Child Care Facility" (RCCF) is defined at section 26-6-102(33), C.R.S.
Residential child care facilities are further detailed at section 7.705 , "Rules Regulating Residential Child Care Facilities".
A "Transition Program" may be a component of an RCCF program in which the child is residing in the RCCF part of the time and in a living situation that the child is expected to move to after treatment in the RCCF is completed. The purpose of transition is to enable the child to transition to the home or a less restrictive setting in a manner that prepares the child for success in the new setting.
"Secure Residential Treatment Center," is defined at section 26-6-102(35), C.R.S.
Secure residential treatment centers are further detailed at section 7.713 , "Minimum Rules and Regulations for Secure Residential Treatment Centers".
"Serious emotional disturbance" means a diagnosable mental, behavioral, or emotional disorder that is of sufficient duration and has resulted in a functional impairment that substantially interferes with or limits a child's role or functioning in family, school, or community activities. Serious emotional disturbances do not include developmental disorders, substance-related disorders, or conditions or problems that may be a focus or clinical attention unless they occur with another diagnosable serious emotional disturbance.
"Specialized Group Facility," is defined at section 26-6-903(33), C.R.S. and includes "Specialized Group Homes" and "Specialized Group Centers".
Specialized group facilities are further detailed at section 7.709 , "Rules Regulating Specialized Group Facilities".
SPECIALIZED GROUP FACILITY MAXIMUM CAPACITY
CHRP | NON-CHRP | TOTAL CHILDREN |
0 | 11 | 11 |
1 | 7 | 8 |
2 | 6 | 8 |
3 | 5 | 8 |
4 | 4 | 8 |
5 | 3 | 8 |
6 | 2 | 8 |
Specialized Group Homes Or Group Centers who are serving children enrolled in the Children's Habilitation Residential Program (CHRP) waiver must be in compliance with rules contained within the Department Of Health Care Policy And Financing's Medical Assistance Manual at 10 CCR 2505-10 Section 8.508 , which is hereby incorporated by reference. No later additions or amendments incorporated. These regulations are available at https://www.sos.state.co.us/CCR.
Specialized Group facilities that provide services for one or more children enrolled in the CHRP waiver must be staffed with a sufficient number of qualified staff members to ensure the needs of all children/youth residing in the facility are met. Ongoing assessments of the needs of all children/youth shall be conducted by the sponsoring agency during visits to the specialized group facility.
A Specialized Group Home is located in a house owned or otherwise controlled by the group home parents who are primarily responsible for the care of the children and reside at the home.
A Specialized Group Center is located in a facility owned or controlled by a governing body that hires the group center parents or personnel who are primarily responsible for the care of the children.
"State Department" is the Colorado Department of Human Services.
"Trails" means the State Department's confidential information system which maintains abuse and neglect referrals, investigations, and the investigation outcomes.
"Trauma-Informed" means that the services or programs to be provided to or on behalf of the child/youth are provided under an organizational framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma's consequences and facilitate healing.
The applicant must ascertain whether the person being investigated has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization must not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
Prospective employers of such exempted persons must conduct reference checks of the prospective employees in order to verify previous work history and must conduct personal interviews with each such prospective employee.
A license is deemed surrendered and a new application is required in any of the following circumstances:
FAMILY CHILD CARE HOMES (1-6 CHILDREN) | |||
Beginning JULY 1, 2018* | Beginning JULY 1, 2019* | JULY 1, 2020 and beyond* | |
Original Application | $35.00 | $55.00 | $65.00 |
Continuation | $35.00 | $55.00 | $65.00 |
(*One year from licensed anniversary date) |
LARGE FAMILY CHILD CARE HOMES (7-12 CHILDREN) | |||
Beginning JULY 1, 2018* | Beginning JULY 1, 2019* | JULY 1, 2020 and beyond* | |
Original Application | $55.00 | $75.00 | $100.00 |
Continuation | $55.00 | $75.00 | $100.00 |
(*One year from licensed anniversary date) |
EXPERIENCED FAMILY CHILD CARE PROVIDER (UP TO 9 CHILDREN) | |||
Beginning JULY 1, 2018* | Beginning JULY 1, 2019* | JULY 1, 2020 and beyond* | |
Original Application | $55.00 | $75.00 | $100.00 |
Continuation | $55.00 | $75.00 | $100.00 |
(*One year from licensed anniversary date) |
SMALL CHILD CARE CENTERS, PRESCHOOLS, SCHOOL-AGE CHILD CARE, CHILDREN'S RESIDENT CAMPS AND NEIGHBORHOOD YOUTH ORGANIZATIONS (5-15 CHILDREN) | |||
Beginning JULY 1, 2018* | Beginning JULY 1, 2019* | JULY 1, 2020 and beyond* | |
Original Application | $125.00 | $150.00 | $200.00 |
Continuation | $125.00 | $150.00 | $200.00 |
(*One year from licensed anniversary date) |
LARGE CHILD CARE CENTERS, PRESCHOOLS, SCHOOL-AGE CHILD CARE, CHILDREN'S RESIDENT CAMPS AND NEIGHBORHOOD YOUTH ORGANIZATIONS (16-30 CHILDREN) | |||
Facilities in this category will pay a base fee + a per child in capacity fee not to exceed $1,800 | |||
Beginning JULY 1, 2018* | Beginning JULY 1, 2019* | JULY 1, 2020 and beyond* | |
Original Application | Base $150.00+ $2.00 Per Child | Base $175.00+ $2.00 Per Child | Base $175.00+ $3.00 Per Child |
Continuation | Base $150.00+ $2.00 Per Child | Base $175.00+ $2.00 Per Child | Base $175.00+ $3.00 Per Child |
(*One year from licensed anniversary date) |
LARGE CHILD CARE CENTERS, PRESCHOOLS, SCHOOL-AGE CHILD CARE, CHILDREN'S RESIDENT CAMPS AND NEIGHBORHOOD YOUTH ORGANIZATIONS (31 OR MORE CHILDREN) | |||
Facilities in this category will pay a base fee + a per child in capacity fee not to exceed $1,800 | |||
Beginning JULY 1, 2018* | Beginning JULY 1, 2019* | JULY 1, 2020 and beyond* | |
Original Application | Base $200.00 + $2.00 Per Child | Base $250.00 + $2.00 Per Child | Base $300.00 + $3.00 Per Child |
Continuation | Base $200.00 + $2.00 Per Child | Base $250.00 + $2.00 Per Child | Base $300.00 + $3.00 Per Child |
(*One year from licensed anniversary date) |
Day Treatment CENTERS | |||
Beginning 2018* | Beginning 2019* | 2020 and beyond* | |
Original Application | $500.00 | $665.00 | $884.00 |
Continuation 0-12 Students | $340.00 | $438.00 | $535.00 |
Continuation 13-25 | $556.00 | $716.00 | $875.00 |
Continuation 26-50 Students | $770.00 | $992.00 | $1,216.00 |
Continuation 51 or more Students | $1,003.00 | $1,291.00 | $1,580.00 |
(*One year from licensed anniversary date) |
Specialized Group Facilities | |||
Beginning 2018* | Beginning 2019* | 2020 and beyond* | |
Original Application | $200.00 | $266.00 | $354.00 |
Continuation | $169.00 | $217.00 | $267.00 |
(*One year from licensed anniversary date) |
Child Placement Agency- Foster Care | |||
Beginning 2018* | Beginning 2019* | 2020 and beyond* | |
Original Application | $880.00 | $1,133.00 | $1,386.00 |
Continuation 0-5 Homes | $448.00 | $577.00 | $705.00 |
Continuation 6-15 Homes | $571.00 | $732.00 | $899.00 |
Continuation 16-30 Homes | $710.00 | $914.00 | $1,108.00 |
Continuation 31-50 Homes | $834.00 | $1,074.00 | $1,313.00 |
Continuation 51 or More Homes | $973.00 | $1,253.00 | $1,532.00 |
(*One year from licensed anniversary date) |
Child Placement Agency- Foster Care | |||
Beginning 2018* | Beginning 2019* | 2020 and beyond* | |
Original Application | $672.00 | $865.00 | $1,059.00 |
Continuation 0-5 Finalized Adoptions | $340.00 | $423.00 | $513.00 |
Continuation 6-11 Finalized Adoptions | $379.00 | $488.00 | $597.00 |
Continuation 12-17 Finalized Adoptions | $401.00 | $516.00 | $632.00 |
Continuation 18-23 Finalized Adoptions | $448.00 | $577.00 | $705.00 |
Continuation 24 or More Finalized Adoptions | $463.00 | $596.00 | $730.00 |
(*One year from licensed anniversary date) |
A child placement agency licensed for both foster care and adoptions will pay only one fee, either the foster care fee or the adoption fee, whichever is greater. The annual report required by regulation 7.710.72, b, must be attached.
Homeless Youth Shelter | |||
Beginning 2018 | Beginning 2019 | 2020 and beyond | |
Original Application | $500.00 | $665.00 | $884.00 |
Continuation | $463.00 | $596.00 | $729.00 |
Residential Childcare Facility | |||
Beginning 2018* ** *** | Beginning 2019* ** *** | 2020 and beyond* ** *** | |
Original Application | $1,111.00 | $1,430.00 | $1,750.00 |
Continuation 0-12 Children/Youth | $340.00 | $438.00 | $535.00 |
Continuation 13-25 Children/Youth | $556.00 | $716.00 | $875.00 |
Continuation 26-50 Children/Youth | $770.00 | $992.00 | $1,216.00 |
Continuation 51-100 Children/Youth | $1,003.00 | $1,291.00 | $1,580.00 |
Continuation 101 or more Children/Youth | $1,235.00 | $1,570.00 | $1,800.00 |
(*One year from licensed anniversary date) | |||
(**With Shelter add $100.00 to all listed license fees) | |||
(***With PRTF add $200.00 to all listed license fees) |
Secure Residential Childcare Facility | |||
Beginning 2018 | Beginning 2019 | 2020 and beyond | |
Original Application | $1,297.00 | $1,670.00 | $1,800.00 |
Continuation | $1,297.00 | $1,670.00 | $1,800.00 |
Changes Made to All License Types | |||
Beginning JULY 1, 2018 | Beginning JULY 1, 2019 | 2020 and JULY 1, beyond | |
Changes to Licensed Capacity | $62.00 | $80.00 | $97.00 |
Changes to Physical Premises | $62.00 | $80.00 | $97.00 |
Duplicate Licenses | $40.00 |
LESS THAN 24-HOUR APPEAL AND FEES (PER CALENDAR YEAR) | |
Initial appeal request | Free |
Second appeal request | $10.00 Each |
Three or more requests | $25.00 Each |
Emergency Appeals | Free |
Within twenty four (24) hours, excluding weekends and holidays, of the occurrence of a critical incident at the facility or within twenty four (24) hours of a child's return to the facility:
A report of a critical incident must be submitted directly through the Colorado Department of Human Services, Division of Child Welfare, Trails automated system.
Child care facilities must provide written information to parents or legal guardians at the time of admission and staff members at the time of employment on how to file a complaint concerning suspected licensing violations. For family child care homes, child care centers, preschools, school age child care, children's resident camps, and neighborhood youth organizations, the information must include the complete name, mailing address, and telephone number of the Colorado Department of Human Services, Division of Early Care and Learning. For 24-hour care agencies and facilities providing out-of-home care and day treatment centers, the information must include the complete name, mailing address, and telephone number of the Colorado Department of Human Services, Division of Child Welfare.
Every application used in the State of Colorado for employment with a child care provider or facility, or for the certification of a foster home, must include the following notice to the applicant:
"Any applicant who knowingly or willfully makes a false statement of any material fact or thing in the application is guilty of perjury in the second degree as defined in Section 18-8-503, C.R.S., and, upon conviction thereof, shall be punished accordingly."
Pursuant to Sections 26-6-106(2)(e), 25-14-103.5, and 18-13-121, C.R.S., tobacco and nicotine products are prohibited by law from use in and around licensed child care facilities.
All child care providers must have a written plan for: evacuating and safely moving children to an alternate site; lockdown; shelter in place; and an active shooter on premises. The plan must include provisions for multiple types of hazards, such as floods, fires, tornadoes, and active shooter situations. All employees of a child care provider must also be trained on the provider's written plan prior to caring for children.
All child care providers must have a written plan for emergency notification of parents and reunification of families following an emergency or disaster.
All child care providers must have a written plan that accounts for children with disabilities as defined in 42 U.S.C. Section 12102 and those with access and functional needs as defined in the State Emergency Operations Plan (2019) The (SEOP). The state SEOP is hereby incorporated by reference. No later editions or amendments are incorporated. The SEOP is available for public inspection and copying at the Colorado Department of Human Services 1575 Sherman St., 8TH floor, Denver, Colorado, during regular business hours. The SEOP is also available for no cost from the Colorado Division of Homeland Security & Emergency Management at HTTPS://WWW.COLORADO.GOV/PACIFIC/DHSEM/STATE-EOP. The plan must include a specific requirement indicating how all children with special needs will be included in the emergency plan.
Children and youth in foster care are entitled to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities as part of their well-being needs.
Providers must use a "reasonable and prudent parent standard" when determining whether to allow a child or youth in foster care, under the responsibility of the county or in non-secure residential settings under the Division of Youth Services (DYS), to participate in such activities following the criteria in both A. and B. below:
The responsible county department of human or social services or DYS may restrict certain activities based upon the documented exceptional needs and circumstances of a child or youth in foster care, which impact his/her unique safety needs.
12 CCR 2509-8-7.701