12 Colo. Code Regs. § 2509-8-7.730

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

Section 12 CCR 2509-8-7.730 - RULES REGULATING SUBSTITUTE PLACEMENT AGENCIES

All substitute placement agencies must comply with the current "General Rules for Child Care Facilities" 7.701 AND "Rules Regulating Substitute Placement Agencies (less than 24-hour care)"

7.730.1DEFINITIONS

A. "Adverse or negative licensing action" means a final agency action resulting in the denial of an application, the imposition of fines, or the suspension or revocation of a license or the demotion of such a license to a probationary license.

B. "Arrange for placement" means to act as an intermediary by assisting a child care facility in the placement of a substitute child care provider.

C. "Background checks" means a set of required records that are obtained and analyzed to determine whether the history of a prospective substitute child care employee meets legal and safety criteria when considering the placement of the individual in a less than 24 hour child care facility.

D. "Child care center" means a licensed child care center, preschool or licensed school age child care center.

E. "Employee" means any individual who is employed by or contracted through the agency.

F. "Emergency child care center substitute" means a substitute who works in place of a regular staff member in a child care facility who is unable to work their normally scheduled work hours due to an unexpected event such as an absence of a staff member or personal emergency event. The purpose of the emergency substitute is to provide coverage for a staff member for no more than three (3) calendar days.

G. "Emergency family child care home substitute" means a substitute who works in place of a family child care home provider who is unable to work their normally scheduled work hours due to an unexpected event such as an illness or personal emergency event. The purpose of the emergency substitute is to provide coverage for a family child care home provider until parents are able to pick up the children in care.

H. "Equally qualified" means that the employee or substitute provider has the same required training and qualifications as the primary provider as specified in the rules regulating family child care homes; rules regulating child care centers or rules regulating school age child care.

I. "Family child care home" means a child care facility located within a residence of a primary provider.

J. "Licensing" means the process by which the Colorado department of human services approves a facility or agency for the purpose of conducting business as a child care facility and/or substitute placement agency.

K. "Long term child care center substitute" means a substitute who works in place of a regular staff member who is unable to work their normally scheduled work hours due to a planned or unplanned event that requires the regular staff member be on leave for more than two (2) calendar weeks.

L. "Long term family child care home substitute" means a substitute who works in place of a regular family child care home provider who is unable to work their normally scheduled work hours due to a planned or unplanned event that requires the regular family child care home provider to be on leave for more than two (2) calendar weeks.

M. "Short term child care center substitute" means a substitute who works in place of a regular staff member who is unable to work their normally scheduled work hours due to a planned or unplanned event that requires the regular staff member be on leave for more than three (3) days and less than two (2) calendar weeks.

N. "Short term family child care home substitute" means a substitute who works in place of a regular family child care home who is unable to work their normally scheduled work hours due to a planned or unplanned event that requires the regular family child care home to be on leave for more than three (3) days and less than two (2) calendar weeks.

O. "Substitute child care provider," defined at section 26-6-102(37), C.R.S., means an adult over the age of eighteen (18) years who provides temporary care for a child or children in a licensed child care facility, including a child care center, preschool, school age child center or a family child care home.

P. "Substitute placement agency," defined at section 26-6-102 (37.5), C.R.S., means any corporation, partnership, association, firm, agency, or institution that places or that facilitates or arranges placement of emergency, short-term or long-term substitute child care providers in licensed child care facilities providing less than twenty-four-hour care.

Q. "Substitute placement," means to coordinate, arrange, and approve the process of an adult substitute child care provider entering an unrelated family child care home or child care facility to provide substitute child care services on an emergency, temporary/short term or long-term assignment. Substitutes may be employees or contract employees of the agency.

7.730.11GOVERNING BODY

The governing body must be identified by its legal name. The names and addresses of individuals who hold primary financial control and officers of the governing body must be disclosed fully to the Colorado department of human services. The governing body is responsible for providing adequate financing, qualified personnel, services, and program functions for the safety and well-being of children in accordance with these rules. When changes of governing body occur, the new governing body must immediately submit an original application and pay the required fee before a new license can be issued.

A. A substitute placement agency, herein referred to as "THE AGENCY" may not be operated without a license, as required by law, to be issued by the state department in conformity with all rules and regulations.

B. The substitute placement agency must:

1. Maintain the written purpose and policies for the general operation and management of the agency, including the placement of substitutes. When such purpose and policies are reviewed and revised, the state department must be advised of such changes. The purpose and policies at a minimum must include:

a. The types of child care facilities in which substitutes will be placed, including the ages of children served at the child care facility where substitutes will be placed and the geographic area(s) the agency expects to serve;

b. The responsibilities for child care facilities utilizing the substitute placement agency;

c. Itemized fee schedule, including client set up fees, if applicable;

d. Refund policy;

e. Cancellation policy;

f. Mileage/travel policy;

g. Minimum scheduled time policy;

h. Services and types of substitutes available to the community; and

i. The responsibilities of the agency and the child care facility for reporting suspected child abuse or neglect.

2. The substitute agency must obtain a fully executed and signed contract with the child care facility prior to placing substitutes in the child care facility.

3. The substitute agency must develop and implement personnel policies including, but not limited to:

a. Job descriptions for substitutes;

b. Qualifications for the position in accordance with current licensing standards;

c. The duties and responsibilities of substitutes;

d. The responsibilities of the substitute within a child care facility;

e. The proper supervision of children;

f. Proper guidance techniques;

g. Proper name to face attendance and transitions;

h. The identification and symptoms of suspected child abuse or neglect; and

i. The reporting of suspected child abuse, including the statewide child abuse reporting hotline.

4. Substitutes must be informed of their duties at the time of employment or acceptance of a contract with the agency, and before being placed in a child care facility.

5. Inform the department, in writing, of:

a. A change in the executive director or the main contact of the agency within ten (10) calendar days.

b. The hours of operation the agency office is open and available for inspection of agency records.

6. Notify the department, in writing, within 24 hours, anytime a substitute is the subject of a child protection investigation that resulted while placed at a child care facility; a substitute was the staff member in charge of a classroom and a child received an injury requiring emergency medical treatment; a substitute is responsible for a safe sleep violation or a substitute has been terminated as a result of his/her actions while placed at a child care facility.

7. Document and report within 24 hours, in writing, to the Colorado department of human services when the substitute from the agency is the staff member responsible for the child(ren,) in a child care facility and the child receives an injury resulting in medical care or treatment, any accident or illness occurring at a child care facility that resulted in medical care or treatment by a physician or other health care professional, hospitalization, or death.

8. Carry public liability insurance. The applicant or licensee must submit the amount of the insurance and the name and the address of the insurance agency providing the insurance to the agency. Documentation of current liability insurance must be on file and available for review at all times at the agency.

9. Complete the licensing renewal requirements by:

a. Submitting the license continuation notice and fee prior to the annual due date of the continuation notice;

b. Paying the prescribed application or continuation fee pursuant to section 7.701.4;

c. Cooperating with on-site monitoring inspections and investigations to assess the agency's compliance with the rules for substitute placement agencies.

7.730.2PERSONNEL

7.730.21GENERAL REQUIREMENTS FOR ALL SUBSTITUTES

A. There must be a dated letter of agreement with each substitute which includes the specific job responsibilities/job description. The letter of agreement must be executed upon hire by both the agency and the substitute. Prior to being placed at a child care facility, substitutes must sign a statement indicating that they have read and understand the agency policies and procedures. All substitutes must be notified of changes to policies and procedures.

B. All substitutes must be eighteen (18) years or older and qualified for the position which he/she will be providing substitute care.

C. All substitutes must be registered in the professional development information system;

D. All substitutes must have completed all the pre-service training courses listed at 7.730.3d1-6j prior to being placed at a child care facility;

E. All substitutes must complete the department-approved playground safety training prior to working with children and annually;

F. All substitutes must complete the department-approved injury prevention training prior to working with children and annually;

G. The personnel file of each substitute must contain clearance or arrest report from the Colorado Bureau of Investigation resulting from the staff member's criminal record check in accordance with section 7.701.33 of the general rules for child care facilities.

H. The personnel file of each substitute must contain the results of the state department's automated child abuse and neglect system. In accordance with section 7.701.32 of the general rules for child care facilities.

I. Substitutes must be current for all immunizations routinely recommended for adults by their health care provider.

7.730.22PERSONNEL POLICIES, ORIENTATION AND STAFF DEVELOPMENT

A. A written statement of personnel policy shall be provided to each substitute or qualified applicant.

This statement shall, at a minimum, contain the following information:

1. A job description which outlines the duties, responsibilities, qualifications; and educational requirements for the position.

2. A procedure for tracking the placement hours, including the name of the facility, the license number, facility address and ages of children where the substitute is placed.

3. Prior to working with children, each substitute must read and be instructed about the policies and procedures of the agency, including those related to proper supervision of children, identification and symptoms of suspected child abuse or neglect, the reporting of suspected child abuse. Substitutes must sign a statement indicating that they have read and understand the agency's policies and procedures.

4. A written pre-service training plan for each substitute. Each substitute must complete the following training before being placed in a child care facility:

a. Each substitute working with infants less than twelve (12) months old must complete a department-approved safe sleep training prior to working with infants less than twelve (12) months old. This training must be renewed annually and may be counted towards ongoing training requirements.

b. Each substitute working with children less than three (3) years of age must complete a department-approved prevention of shaken baby/abusive head trauma training prior to working with children less than three (3) years of age. This training must be renewed annually and counts towards ongoing training requirements.

c. Each substitute must complete a department-approved standard precautions training that meets current occupational safety and health administration (OSHA) requirements prior to working with children. This training must be renewed annually and counts towards ongoing training requirements.

d. Prior to working with children and annually each substitute must be trained using department-approved training about child abuse prevention, including common symptoms and signs of child abuse.

e. Prior to working with children and annually each substitute must be trained using a department-approved training on how to report, where to report and when to report suspected or known child abuse or neglect.

f. The agency must ensure that each substitute is familiar with the licensing rules governing the specific child care license type in which the substitute will be placed within thirty (30) calendar days of employment at the Substitute Placement Agency.

g. The agency must ensure that each substitute is familiar with the rules and regulations governing the health and sanitation of child care facilities in the state of Colorado if placed in a facility that these rules apply within thirty (30) calendar days of employment at the substitute placement agency.

h. Each substitute must have current department-approved first aid and CPR certification before working in a classroom alone.

i. Each substitute must complete a minimum of fifteen (15) clock hours of training each year beginning with the start date of the employee. At least three (3) clock hours per year must be in the focus of social emotional development.

j. Ongoing training and courses shall demonstrate a direct connection to one or more of the following competency areas:

1) Child growth and development, and learning or courses that align with the competency domains of child growth and development;

2) Child observation and assessment;

3) Family and community partnership;

4) Guidance;

5) Health, safety and nutrition;

6) Professional development and leadership;

7) Program planning and development; or,

8) Teaching practices

k. Each one (1) semester hour course with a direct connection to the competency area listed in section 7.702.33 , L, 1-8, taken at a regionally accredited college or university shall count as fifteen (15) clock hours of ongoing training.

l. Training hours completed can only be counted during the year taken and cannot be carried over.

m. To be counted for ongoing training, the training certificate must have documentation that includes:

1) The title of the training;

2) The competency domain;

3) The date and clock hours of the training;

4) The name or signature, or other approved method of verifying the identity of trainer or entity;

5) Expiration of training if applicable; and

6) Connection to social emotional focus if applicable.

5. The substitute must have a complete file maintained at the substitute placement agency and have a portable file available for review at all times to both licensing and the child care facility where the substitute is providing substitute care. Documentation of qualifications for the position includes:

a. Certificate verifying all pre-service training, including name, phone number, and license number of agency;

b. Department issued director letter; or

c. Department issued early childhood teacher letter; or

d. Official college transcript and letters of experience; or

e. Credential 2.0 level 3 or higher; and

f. First aid and CPR certificates; and

g. Complete background check; and

h. Emergency contact name, address and phone number.

6. Substitutes must not consume or be under the influence of any substance that impairs their ability to care for children while caring for children.

7. Illegal drugs, drug paraphernalia, marijuana and marijuana infused products, and alcohol must never be present on the premises of the facility.

8. Substitutes must maintain the confidentiality of the children, families and the child care facility where the substitute is placed.

9. Substitutes are responsible for documenting experience hours with the specific ages of children cared for, while providing substitute child care for the purpose of employment verification with the agency.

10. Substitutes must not take personal photos of children, or make reference to any personal information of children, families or other child care facilities, including staff, on social media, email, text messages or other means of communication, written or verbal.

11. When caring for children, substitutes must refrain from personal use of electronics including, but not limited to, cell phones and portable electronic devices.

12. Substitutes must sign in and out of every facility each time they work at a child care facility.

7.730.23SUBSTITUTE QUALIFICATIONS

A. Substitute for a child care center

1. Must meet requirements found at 7.730.21; and

2. Must meet the current minimum education and experience requirements for the position in which the substitute is providing child care.

B. Large child care center director: the educational requirements for the director or substitute director of a large center must be met by satisfactory completion of one of the following. Official college transcripts must be submitted to the department for evaluation of qualifications.

1. A Bachelor degree in Early Childhood Education from a regionally accredited Colorado college or university; or,

2. A current Early Childhood Professional Credential Level IV version 2.0 as determined by the Colorado Department Of Education; or,

3. A Master's Degree with a major emphasis in Child Development, Early Childhood Education, Early Childhood Special Education; or,

4. Completion of all of the following three (3) semester hour courses from a regionally accredited college or university, at either a two year, four year or graduate level, in each of the following subject or content areas:

a. Introduction to Early Childhood Professions;

b. Introduction To Early Childhood Lab Techniques;

c. Early Childhood Guidance Strategies For Children;

d. Early Childhood Health, Nutrition, And Safety;

e. Administration of Early Childhood Care and Education Programs;

f. Administration: Human Relations For Early Childhood Professions or Introduction To Business; Early Childhood Curriculum Development;

g. Early Childhood Growth And Development;

h. The Exceptional Child; and,

i. Infant/Toddler Theory And Practice; Or The Department Approved Expanding Quality Infant/Toddler training; or,

5. Completion of a course of training approved by the department that includes course content listed at section 7.730.22 c, a-j, and documented experience.

6. Department approved alternative pathway or credential.

7. The experience requirements for the director of a large center must be met by completion of the following amount of work experience in a child development program, which includes working with a group of children in such programs as a preschool, child care center, kindergarten, or Head Start program:

a. Persons with Bachelor's or Master's degree with a major emphasis in Child Development, Early Childhood Education, Early Childhood Special Education, Or An Early Childhood Professional Credential Level IV version 2.0 as determined by the Colorado Department Of Education; no additional experience is required.

b. Persons with a 2-year college degree in Early Childhood Education must have twelve (12) months (1,820 hours) of verified experience working directly with children in a child development program.

c. Persons with a Bachelor's degree and completion of courses specified in sections 7.702.42 , A, 3, A-J, must have twelve (12) months (1,820 hours) of verified experience working directly with children in a child development program.

d. Persons who have no degree but have completed the thirty (30) semester hours specified in section 7.702.42 , A, 3, A-J, must have twenty-four (24) months (3,640 hours) of verified experience working directly with children in a child development program.

e. Verified experience acquired in a licensed COLORADO Family Child Care Home OR School-Age Child Care Center may count for up to half of the required experience for director qualifications. To have Colorado Family Child Care Home experience considered, the applicant must be or have been the licensee. The other half of the required experience must be working directly with children in a child development program;

f. Experience with five (5) year olds must be verified as follows:

i. If experience caring for five-year-old children occurs in a child care center classroom, the hours worked shall be counted as preschool experience; or,

ii. If experience caring for five-year-old children occurs in an elementary school program, the hours worked shall be counted as school-age experience.

C. The small center director qualifications must be met by satisfactory completion of:

1. A current professional teaching license issued by the Colorado Department Of Education with an endorsement in the area of Early Childhood Education Or Early Childhood Special Education;

2. A current Early Childhood Professional Credential Level III version 2.0 as determined by the Colorado Department Of Education;

3. Three (3) years' satisfactory experience in the group care of children less than six (6) years of age (5460 hours) and at least two (2) 3-semester hours from a regionally accredited college or university, at either a two-year, four year or graduate level, in each of the following subject or content areas in early childhood education; one of the courses must be either Introduction To Early Childhood Education Or Guidance Strategies;

4. Two (2) years' college education (sixty semester hours) at a regionally accredited college or university, at either a two-year, four year or graduate level, in each of the following subject or content areas with at least two (2) 3-semester-hour courses in early childhood education; one of which must be either Introduction To Early Childhood Education Or Guidance Strategies; and one (1) year (1820 hours) of satisfactory experience in the group care of children less than six (6) years of age;

5. Current certification as a Child Development Associate (CDA) or other department approved credential; or,

6. A two (2) year college degree in Child Development Or Early Childhood Education from a regionally accredited college or university, at either a two-year, four year or graduate level, in each of the following subject or content areas that must include at least one 3-semester hour course in either Introduction To Early Childhood Education Or Guidance Strategies and six (6) months (910 hours) satisfactory experience in the group care of children less than six (6) years of age.

7. Department approved alternative pathway or credential.

D. The Early Childhood Teacher must be met by satisfactory completion of:

1. A Bachelor's degree from a regionally accredited college or university with a major area of study in one of the following areas:

a. Early Childhood Education;

b. Elementary Education;

c. Special Education;

d. Family And Child Development; Or,

e. Child Psychology.

2. A Bachelor's degree from a regionally accredited college or university with a major area of study in any area other than those listed at section 7.730.23 A5 and additional two (2) three-semester hour early childhood education college courses with one course being Either Introduction To Early Childhood Education or Guidance Strategies;

a. Current Early Childhood Professional Credential Level III version 2.0 as determined by the Colorado Department Of Education;

b. A 2-year college degree, sixty (60) semester hours, in early childhood education from a regionally accredited college or university, which must include at least two (2) three-semester hour courses, one of which must be either Introduction To Early Childhood Education Or Guidance Strategies; and at least six (6) months (910 hours) of satisfactory experience;

c. Completion of twelve (12) semester hours from a regionally accredited college or university, at either a two year, four year or graduate level, in each of the following subject or content areas in early childhood education and one of the three (3) semester hour courses must be either introduction to Early Childhood Education Or Guidance Strategies, plus nine (9) months (1,395 hours) of verified experience in the care and supervision of four (4) or more children less than six (6) years of age who are not related to the individual;

d. Completion of a vocational or occupational education sequence in Child Growth And Development plus twelve (12) months (1,820 hours) of verified experience in the care and supervision of four (4) or more children less than six (6) years of age who are not related to the individual;

e. Current certification as a Child Development Associate (CDA) or other Department-approved credential;

f. Completion of a course of training approved by the Department that includes training and work experience with children in a child growth and development program plus twelve (12) months (1,820 hours) of verified experience in the care and supervision of four (4) or more children less than six (6) years of age who are not related to the individual; or,

g. Twenty-four (24) months (3,640 hours) of verified experience in the care and supervision of four (4) or more children less than six (6) years of age who are not related to the individual. Satisfactory experience includes being a licensee of a Colorado family child care home; a teacher's aide or teacher in a child care center, preschool, or elementary school, plus either:

h. A current Colorado level I credential; or,

i. Two (2) three-semester hour Early Childhood Education college courses from a regionally accredited college or university, at either a two-year, four year or graduate level, in each of the following subject or content areas with one course being either Introduction To Early Childhood Education Or Guidance Strategies.

j. Department approved alternative pathway or credential.

3. All college course grades toward Early Childhood Teacher qualifications must be "C" or better.

E. Assistant Early Childhood Teacher

1. Completion of one of the Early Childhood Education courses in section 7.702.42 , a, with a course grade of "C" or better and twelve (12) months (1820 hours) verified experience in the care and supervision of four (4) or more children less than six (6) years of age, who are not related to the individual. Satisfactory experience includes being a licensee of a Family Child Care Home; a teacher's aide in a center, preschool or elementary school. Assistant Early Childhood Teachers must be enrolled in and attending the second (2nd) Early Childhood Education class which will be used as the basis for their qualification for the position of Early Childhood Teacher;

2. Persons having completed two (2) of the Early Childhood Education classes referenced in section 7.702.42 , a, with a course grade of "C" or better and no experience; or,

3. A current Early Childhood Professional Credential level I version 1.0 or 2.0 as determined by the Colorado Department of Education.

F. Staff Aide

1. Staff Aides must be at least sixteen (16) years of age and must work directly under the supervision of the Director or an Early Childhood Teacher.

2. Infant Staff Aides must be at least eighteen (18) years of age.

3. Staff Aides, without supervision from an Early Childhood Teacher or Director, may supervise no more than two (2) preschool age children while assisting the children with diapering or toileting.

G. The Kindergarten teacher qualifications must be met by satisfactory completion of:

1. Each teacher of a kindergarten class must have the same qualifications as a director for a large center (see section 7.702.42), be state certified or licensed as an elementary teacher by the Colorado Department of Education, or have a four (4) year degree from a regionally accredited college or university in Elementary or Early Childhood Education.

2. A current Early Childhood Professional credential level iii version 2.0 as determined by the Colorado Department of Education.

H. The Infant Program Supervisor qualifications must be met by satisfactory completion of:

1. A Registered Nurse, licensed to practice in Colorado, with a minimum of 6 months of experience in the care of infants.

2. A Licensed Practical Nurse, licensed to practice in Colorado, with twelve (12) months of experience in the care of infants.

3. An adult who holds a certificate in Infant And Toddler Care from a regionally accredited college or university with completion of a minimum of 30 semester hours in the development and care of infants and toddlers in a group setting.

4. An adult who is currently certified as a Child Development Associate (CDA) and has completed the department approved Expanding Quality in Infant and Toddler Development Course of training.

5. An adult who:

a. Holds a current Early Childhood Professional credential level III version 2.0, as determined by the Colorado Department Of Education;

b. Has completed one three-semester-hour class in infant/toddler development; or,

c. Has completed the department-approved "Expanding Quality in Infant and Toddler Development" and holds twelve months of verifiable full-day experience working with infants and/or toddlers.

6. An adult who:

a. Is at least nineteen (19) years of age, and,

b. Is qualified as an Early Childhood Teacher and,

c. Has a minimum of twelve (12) months of verifiable full-day experience in the group care of infants or toddlers; and,

d. Has completed at least two (2) three (3)-semester hour college courses from a regionally accredited college or university on the development and care of infants and toddlers in a group setting, one (1) of which must be infant/toddler development or the Department approved Expanding Quality In Infant And Toddler Development course of training.

7. The Infant Program Early Childhood Teacher qualifications must be met by satisfactory completion of:

a. Eight (8) hours of orientation in the infant program from the Infant Program Supervisor including, but not limited to, the following topics: toys and equipment, appropriate activities for infants and toddlers, appropriate sleep positions for infants and toddlers, the safe and appropriate diaper change technique; and,

b. At least six (6) months of experience in the care of infants or toddlers; and,

c. Meet qualifications for an Early Childhood Teacher found at section 7.702.44 , a, or be qualified as an infant program supervisor.

8. The Infant Program Staff Aide must be at least eighteen (18) years of age, must have completed eight (8) hours of orientation as listed above, at the infant program and must work under the direct supervision of an Infant Early Childhood Teacher.

9. Substitutes for infant program staff must hold a current Department-approved first aid and safety certificate that includes CPR for all ages of children.

10. The toddler program Early Childhood Teacher qualifications must be met by satisfactory completion of:

a. A Registered Nurse, licensed to practice in Colorado, with a minimum of 6 months of experience in the care of infants and/or toddlers;

b. An adult who holds a certificate in Infant And Toddler Care from a regionally accredited college or university with completion of at least thirty (30) semester hours or equivalent in such courses as Child Growth And Development, Nutrition, And Care Practices with children birth to three (3) years of age;

c. An adult who is certified as a Child Development Associate (CDA) or certified Child Care Professional (CCP) or holds another Department-approved certificate;

d. A Licensed Practical Nurse with at least twelve (12) months of verifiable experience in the care of children less than three (3) years of age;

e. An adult who meets the education and experience requirements for Early Childhood Teacher of a large center (SECTION 7.702.44, A); or,

f. A current Early Childhood Professional Credential level II version 1.0 or level III version 2.0 as determined by the Colorado Department of Education.

I. The Toddler Program Staff Aide must be at least sixteen (16) years of age, must work directly under the supervision of the director or a toddler Early Childhood Teacher, and must have completed 8 hours of orientation at the toddler program.

a. Substitutes for toddler program staff must hold a current department-approved first aid and safety certificate that includes CPR for all ages of children.

b. Substitutes placed in an infant and toddler program affiliated with a teen parent programs that are operated by accredited public-school systems on school premises must meet the following staff requirements by:

i. Director qualifications may be met by a certified teacher with a major in Home Economics Education or a vocationally credentialed teacher in Consumer and Homemaking or Early Childhood Occupations. The Director must complete at least three (3) semester hours in administration of a child care center.

ii. The Director must be present in the infant program classroom or adjacent teen parent classroom at least sixty percent (60%) of any day the center is open.

iii. If the Director cannot be present sixty percent (60%) of any day, an individual who meets director qualifications must substitute for the Director.

iv. Infant Staff Aides must be at least fifteen (15) years of age and may be parents-to-be, parents of enrolled infants, or students enrolled in a child care related course with the sponsoring school system.

v. Substitutes for infant program staff must be from the sponsoring school system's list of approved substitute staff members. Substitutes who do not meet minimum staff qualifications can work no more than ten (10) consecutive business days per assignment.

vi. Substitutes for infant program staff must hold a current department-approved first aid and safety certificate that includes CPR for all ages of children.

7.730.24FAMILY CHILD CARE HOME SUBSTITUTE QUALIFICATIONS

A. Regular Family Child Care Home

1. Must meet requirements found at 7.730.21;

2. Be familiar with the Rules Regulating Family Child Care Homes;

3. Be familiar with the home and provider's policies and procedures;

4. Know the names, ages and any special needs or health concerns of the children;

5. Know the location of emergency information.

B. Infant/Toddler Family Child Care Homes

1. Must meet requirements found at 7.730.21;

2. Be familiar with the Rules Regulating Family Child Care Homes;

3. Be familiar with the home and provider's policies and procedures;

4. Know the names, ages and any special needs or health concerns of the children;

5. Know the location of emergency information.

6. Must have completed one (1) year of supervised experience caring for children who are younger than three (3) years old. The experience may have been obtained as:

a. A Colorado licensed family child care home;

b. A military licensed child care home;

c. A provider, in a family foster home certified for children younger than three (3) years of age; or,

d. An employee in a licensed child care center in an infant and/or toddler program.

C. The substitute for the large family child care home must be qualified by:

1. A minimum of two (2) years of documented satisfactory experience in the group care of children under the age of six (6) years or as a licensed home provider in Colorado. Equal experience operating as an approved military child care home is accepted; or,

2. A minimum of two (2) years of college education from a regionally accredited college or university, with at least one (1) college course in Early Childhood Education, plus one (1) year of documented satisfactory experience in the group care of children as:

a. A licensed home provider in Colorado;

b. A military licensed child care home;

c. A Colorado certified family foster home; or,

d. A staff member in a licensed child care center.

3. Current certification as a Child Development Associate (CDA); or,

4. Completion prior to licensing of the State Department approved Expanding Quality Infant/Toddler course; and,

a. A minimum of two (2) years of experience as a licensed child care provider holding a permanent license in Colorado immediately before becoming a licensee of a large child care home; or,

b. A minimum of two (2) years of full-time experience in a licensed program. The group care shall have been with children who are under the age of six (6) years.

5. Substitutes working in place as the Large Family Child Care Home Staff Aides must be at least sixteen (16) years of age and must work directly under the supervision of the primary provider or a substitute who is equally qualified as a Large Family Child Care Home provider. If left alone with children, the staff aide substitute or assistant provider substitute must meet all same age and training requirements as the provider.

7.730.25SCHOOL AGE CHILD CARE SUBSTITUTE QUALIFICATIONS

A. Substitute for school age child care:

1. Must meet requirements found at 7.730.21;

B. Substitute program director

1. Must meet requirements at 7.730.24 A 1 AND 2;

2. The Program Director substitute must be at least twenty-one (21) years of age. The substitute program director must have demonstrated to the Agency, prior to placement at a school age child care center, maturity of judgment, administrative ability and the skill to appropriately supervise and direct school-age children in an unstructured setting.

3. The Substitute Program Director must have verifiable education or training in work with school-age children in such areas as Recreation, Education, Scouting or 4-H; and the program director must have completed at least one of the following qualifications:

a. A four (4) year college degree with a major such as Recreation, Outdoor Education, Education With A Specialty In Art, Elementary Or Early Childhood Education, or a subject in the Human Service Field; or;

b. Two years of college training and six (6) months (910 hours) of satisfactory and verifiable full-time or equivalent part-time, paid or volunteer, experience, since attaining the age of eighteen (18), in the care and supervision of four (4) or more children; or

c. Is qualified as a Large Child Care Center Director; or

4. Three years (5460 hours) of satisfactory and verifiable full-time or equivalent part-time, paid or volunteer, experience and one of the following qualifications:

a. Complete six semester hours, or nine quarter hours in course work from a regionally accredited college or university; or

b. 40 clock hours of training in course work applicable to school-age children and the Department-approved courses in Injury Prevention, And Playground Safety For School-Aged Child Care Centers within the first nine months of employment.

c. Satisfactory experience includes experience in the care and supervision of four or more children from the ages of four (4)-eighteen (18) years old, unrelated to the individual, since attaining the age of eighteen (18).

C. Substitute program leaders for school age child care centers

1. Must meet requirements found at 7.730.21;

2. Each Substitute Program Leader must be at least 18 years of age, demonstrate ability to work with children, and must meet the following qualifications:

a. Complete the Department-approved course in Injury Prevention;

b. Complete the Department-approved course in Playground Safety For School-Aged Child Care Centers. This requirement does not apply to day camps that do not regularly use a playground; and

c. Must have at least three (3) months (460 hours) of full-time or equivalent part-time satisfactory and verifiable experience with school-age children.

D. Substitute program aides for school age child care centers

1. Substitute Program Aides must be at least sixteen (16) years of age. Program Aides must work directly under the supervision of the Program Director or Program Leaders and must never be left alone with children.

2. Substitute Program Aides can be counted as staff in determining child care staff ratios.

7.730.26PERSONNEL FILES

A. The center office must maintain a record for each staff member that includes the following:

1. Documentation for any substitute employed by the agency to determine if the individual has ever been convicted of a disqualifying crime as found at section 7.701.33 of the general rules for child care facilities. The personnel file of each substitute of the center must contain clearance or arrest report from the Colorado Bureau of Investigation;

2. Documentation for any substitute employed by the Agency to determine if the individual has a confirmed report for child abuse or neglect reported to the State Department's Automated System as found at section 7.701.32 of the General Rules for Child Care Facilities. The personnel file of each substitute must contain the results of the State Department's Automated System.

3. Substitutes must be current for all immunizations routinely recommended for adults by their health care provider.

4. Prior to being placed in a child care facility, substitutes must submit to the Agency a medical statement, signed and dated by a licensed Physician or other Health Care Professional, verifying that they are in good mental, physical, and emotional health appropriate for the position for which they have been hired. This statement must be dated no more than 6 months prior to employment or within thirty (30) calendar days after the date of employment. This statement must indicate when subsequent medical statements are required. Subsequent medical statements must be submitted as required in writing by a Physician or other Health Care Professional.

5. If, in the opinion of a Physician or Mental Health Practitioner, an employee's examination or test results indicate a physical, emotional, or mental condition that could be hazardous to a child, other staff, or self, or that would prevent satisfactory performance of duties must not be assigned or returned to a position until the condition is cleared to the satisfaction of the examining Physician or other Health Care Professional.

6. Name, address, phone number and birthdate of the individual;

7. Verification of education, work experience, employment, training, and completion of first aid and CPR courses;

8. Date of employment;

9. Record of placements including dates, number of hours worked, name, address and license number of the child care facility where the substitute was placed.

10. Names, addresses, and telephone numbers of persons to be notified in the event of an emergency.

11. Substitute records must be available, upon request, to authorized personnel of the State Department or Department Representatives.

12. The records of the substitute must be maintained by the Substitute Placement Agency for at least three (3) years. The current files must be maintained at the Agency, The Previous Two (2) Years May Be Stored at Either the Agency or a Central Location. If Requested, The Records Must Be Provided To The Department or Department Representative.

B. The personnel file for each substitute must contain all required information before the substitute can be placed at a child care facility.

7.730.3HEALTH AND SAFETY

7.730.31Control Of Communicable Illnesses

A. When a substitute has worked in a child care facility where there has been an increase in or outbreak of communicable illness among staff, or children the substitute must immediately notify the agency. Individuals' confidentiality must be maintained.

B. The Placement Agency must have a written agreement with the child care facility which requires the child care facility to:

a. Notify the agency of an increase of illness or outbreak at the time the placement will occur.

b. Notify the agency of any substitute exposed to a communicable illness at a child care facility, and, the agency must be notified within 24 hours.

C. When the substitute placement agency has been notified that a substitute has been in a placement where the individual has been exposed to a communicable illness, the agency and the substitute must consult with and comply with all Health Department requirements before being placed at another facility.

7.730.4ADMINISTRATIVE

7.730.41Administrative Records and Reports

A. The following records must be on file at the Agency:

1. A list of current substitutes, and substitute placements;

2. Reports from contracted child care facilities where any incident reports occur.

3. Contracts with both substitutes and child care facilities.

4. Within thirty (30) calendar days of the last day of employment, staff members must be provided a letter verifying their experience at the Agency. The letter must contain the Agency's address, phone number and license number, the employee's start and end date and the total number of hours worked with children. Hours worked with infants and toddlers must be documented separately from hours worked with other age groups. The letter must be signed by a director, owner or Human Resources Agent of the Agency.

12 CCR 2509-8-7.730

37 CR 13, July 10, 2014, effective 8/1/2014

38 CR 04, February 25, 2015, effective 4/1/2015

38 CR 17, September 10, 2015, effective 10/1/2015

38 CR 19, October 10, 2015, effective 11/1/2015

38 CR 23, December 10, 2015, effective 1/1/2016

39 CR 01, January 10, 2016, effective 2/1/2016

39 CR 17, September 10, 2016, effective 10/1/2016

40 CR 05, March 10, 2017, effective 4/1/2017

40 CR 17, September 10, 2017, effective 10/1/2017

41 CR 01, January 10, 2018, effective 2/1/2018

41 CR 03, February 10, 2018, effective 3/2/2018

41 CR 05, March 10, 2018, effective 4/1/2018

41 CR 17, September 10, 2018, effective 9/30/2018

40 CR 23, December 10, 2017, effective 12/30/2018

41 CR 23, December 10, 2018, effective 1/1/2019

42 CR 01, January 10, 2019, effective 2/1/2019

42 CR 03, February 10, 2019, effective 3/15/2019

42 CR 09, May 10, 2019, effective 6/1/2019

43 CR 01, January 10, 2020, effective 1/30/2020

43 CR 15, August 10, 2020, effective 9/1/2020

43 CR 17, September 10, 2020, effective 9/30/2020

44 CR 01, January 10, 2021, effective 1/30/2021

44 CR 05, March 10, 2021, effective 4/1/2021

44 CR 11, June 10, 2021, effective 6/30/2021

44 CR 17, September 10, 2021, effective 10/1/2021

44 CR 21, November 10, 2021, effective 12/1/2021

45 CR 15, August 10, 2022, effective 7/8/2022

45 CR 17, September 10, 2022, effective 9/30/2022

46 CR 03, February 10, 2022, effective 3/2/2023

46 CR 05, March 10, 2023, effective 4/1/2023

46 CR 07, April 10, 2023, effective 6/1/2023