Section 26.5-5-314 - Standards for facilities and agencies - rules - definition(1) The department shall prescribe and publish standards for licensing. The standards must be applicable to the various types of facilities and agencies for child care regulated and licensed by this part 3. The department shall seek the advice and assistance of persons representative of the various types of child care facilities and agencies in establishing the standards, including the advice and assistance of the department of public safety and councils and associations representing fire marshals and building code officials in the promulgation of any rules related to adequate fire protection and prevention, as allowed in subsection (2)(e) of this section, in a family child care home. The standards must be established by rules promulgated by the executive director and be issued, published, and become effective only in conformity with article 4 of title 24.(2) The standards prescribed by department rules are restricted to:(a) The operation and conduct of the facility or agency and the responsibility it assumes for child care;(b) The character, suitability, and qualifications of the applicant for a license and of other persons directly responsible for the care and welfare of children served, including whether an affiliate of the licensee has ever been the subject of a negative licensing action;(c) The general financial ability and competence of the applicant for a license to provide necessary care for children and to maintain prescribed standards;(d) The number of individuals or staff required to ensure adequate supervision and care of children served;(e)(I) The appropriateness, safety, cleanliness, and general adequacy of the premises, including maintenance of adequate fire protection and prevention and health standards in conformance with state laws and municipal ordinances, to provide for the physical comfort, care, well-being, and safety of the children served.(II) A child care center that provides child care exclusively to school-age children and operates on the property of a school district, district charter school, or institute charter school may satisfy any fire or radon inspection requirement required by law by providing a copy of a satisfactory fire or radon inspection report of the property of a school district, district charter school, or institute charter school where the child care is provided if the fire or radon inspection report was completed within the preceding twelve months. The department shall not require a duplicate fire or radon inspection if a satisfactory fire or radon inspection report of the property was completed within the preceding twelve months.(III) The department shall require an annual inspection of playground facilities on the property where a child care center operates. For purposes of a playground facility inspection, the department shall accept as satisfactory proof of valid certification of the playground facility, certification, or a copy of certification, from an individual who is licensed or certified to perform playground safety inspections through the national recreation and park association, or other nationally recognized playground facility safety organization. The department shall not require a duplicate inspection if a satisfactory inspection report was completed within the preceding twelve months.(f) Keeping of records for food, clothing, equipment, and individual supplies;(g) Provisions to safeguard the legal rights of children served;(h) Maintenance of records pertaining to the admission, progress, health, and discharge of children;(i) Filing of reports with the department;(j) Discipline of children. The rules must prohibit the imposition of corporal punishment, as defined in section 22-1-140, upon a child by any person employed by or volunteering in a child care center, a family child care home, or a specialized group facility.(k) Standards for the appropriateness, safety, and adequacy of transportation services of children to and from child care centers;(l) Except as otherwise provided in subsection (2)(m) of this section, provisions that ensure that family child care homes and child care centers verify, in accordance with part 9 of article 4 of title 25, that each child has received appropriate immunizations against contagious diseases as follows: (I) Children up to twenty-four months of age are required to be immunized in accordance with the "Infant Immunization Act", part 17 of article 4 of title 25;(II) Children over twenty-four months of age are required to be immunized in accordance with part 9 of article 4 of title 25;(m) Provisions that allow any child care center that allows any child to enroll and attend the center on a short-term basis of up to fifteen days in a fifteen-consecutive-day period, no more than twice in a calendar year, with each fifteen-consecutive-day period separated by at least sixty days, to do so without obtaining verification of immunization for that child, as provided for in section 25-4-902. Any child care center that chooses to allow children to enroll and attend on a short-term basis pursuant to the provisions of this subsection (2)(m) shall provide notification to all parents that the child care center allows children to enroll and attend on a short-term basis without obtaining proof of immunization; and(n) Rules governing different types of family child care homes as well as any other types of family child care homes that may by necessity be established by rule of the executive director.(3)(a) As used in this subsection (3), "program" means child care offered by a child care center that holds a license pursuant to this part 3, provides child care exclusively to school-age children, and operates on the property of a school district, district charter school, or institute charter school, referred to in this subsection (3) as "school property".(b) When an agency or entity performs an inspection required by law for a program, the agency or entity shall provide a copy of the inspection report to the appropriate official of the school district, district charter school, or institute charter school where the child care center operates.(c) If all of the requirements in section 22-1-119.5 and any additional department rules are met, a school-age child enrolled in a program on school property may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The executive director may adopt additional rules for programs on school property concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.(4) If all of the requirements in section 22-1-119.5 and any additional department rules are met, a child enrolled in a large child care center, as defined by rule promulgated by the executive director, may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The executive director may adopt additional rules concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.(5) Any applicant or person licensed to operate a child care facility or agency under the provisions of this part 3 has the right to appeal any standard that, in the applicant's or person's opinion, works an undue hardship or when, in the applicant's or person's opinion, a standard has been too stringently applied by representatives of the department. The department shall designate a panel of persons representing various state and local governmental agencies with an interest in and concern for children to hear such appeal and to make recommendations to the department. The membership of the appeals review panel must include, but need not be limited to, a representative from child care providers, a representative from a local early childhood council or local child care resource and referral agency, a state-level early childhood representative with early care and education expertise, and a parent representative. The executive director or the executive director's designee shall appoint all members to the appeals review panel. Members of the appeals review panel serve terms of no more than three years. Representatives to the appeals review panel may serve successive terms.(6) The executive director shall promulgate rules concerning standards for licensing early care and education programs that facilitate the recruitment and retention of Colorado's early childhood educator workforce as described in section 26.5-6-103.Amended by 2023 Ch. 93,§ 4, eff. 4/20/2023.Renumbered from C.R.S. §26-6-106 and amended by 2022 Ch. 123, §3, eff. 7/1/2022.Amended by 2021 Ch. 213, §3, eff. 9/7/2021.Amended by 2021 Ch. 131, §3, eff. 9/7/2021.Amended by 2021 Ch. 43, §3, eff. 4/19/2021.Amended by 2020 Ch. 249, §1, eff. 7/8/2020.Amended by 2018 Ch. 38, §126, eff. 8/8/2018.Amended by 2016 Ch. 308, §3, eff. 6/10/2016.Amended by 2016 Ch. 210, §77, eff. 6/6/2016.L. 67: p. 1042, § 3. C.R.S. 1963: § 119-8-6. L. 81: (2)(k) added, p. 1034, § 11, effective July 1. L. 89: (1) amended and (2)(l) added, pp. 1220, 1221, §§ 3, 4, effective May 26. L. 90: (1) amended and (2)(m) added, pp. 1398, 1399, §§ 11, 12, effective May 24. L. 94: (3) amended, p. 2705, § 269, effective July 1; (2)(n) added and (3) amended, p. 1046, §§ 6, 7, effective January 1, 1995. L. 96: (1)(a) and (3) amended, p. 808, § 7, effective May 23; (1), (2)(b), (2)(c), IP(2)(l), (2)(l)(V), (2)(l)(VI), and IP(2)(n) amended and (2)(o) added, p. 258, § 7, effective July 1. L. 99: (2)(b) amended, p. 1035, § 2, effective May 29. L. 2000: (2)(p) added, p. 39, § 6, effective May 14. L. 2001: (2)(q) and (2)(r) added, p. 740, § 4, effective June 1. L. 2003: (4) added, p. 558, § 2, effective March 7; (2)(q)(I)(C) amended, p. 1877, § 6, effective May 22. L. 2006: (2)(s) added, p. 729, § 6, effective August 7. L. 2009: (2)(q)(I)(C) amended and (2)(q)(I)(D) added, (HB 09 -1078), ch. 119, p. 119, §1, effective August 5. L. 2011: (5) added, (HB 11 -1079), ch. 226, p. 226, § 7, effective August 10. L. 2012: (3) amended, (HB 12-1276), ch. 702, p. 702, § 2, effective May 18; (6) added, (HB 12 -1047), ch. 145, p. 145, §1, effective August 8. L. 2016: (2)(p) amended, (SB 16-189), ch. 782, p. 782, § 77, effective June 6; IP(2) and IP(2)(n) amended and (2)(n.5) added, (HB 16-1425), ch. 1240, p. 1240, § 3, effective June 10. L. 2018: IP(6)(a) and (6)(b) amended, (SB 18-092), ch. 449, p. 449, § 126, effective August 8. L. 2020: (7) added, (HB 20-1053), ch. 1214, p. 1214, § 1, effective July 8. L. 2021: IP(2)(q)(I) and (2)(q)(I)(C) amended and (2)(q)(I)(E) added, (HB 21 -1072), ch. 185, p. 185, §3, effective April 19; (1)(a) amended, (HB 21-1222), ch. 1133, p. 1133, § 3, effective September 7; (2)(e) amended and (2.3) and (2.6) added, (SB 21-167), ch. 529, p. 529, § 3, effective September 7.Amendments to subsection (3) by Senate Bill 94-107 and House Bill 94-1029 were harmonized. Amendments to subsection (1) by House Bill 96-1006 and House Bill 96-1180 were harmonized.
2021 Ch. 213, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 2021 Ch. 131, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration contained in the 1994 act amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 21-1222, see section 1 of chapter 213, Session Laws of Colorado 2021.