ARTICLE 1 EARLY CHILDHOOD PROGRAMS AND SERVICES

Editor's note: This article 1 was added with relocations in 2021. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 1, see the comparative tables located in the back of the index.

Section

PART 1 DEPARTMENT OF EARLY CHILDHOOD

PART 3 EARLY CHILDHOOD LEADERSHIP COMMISSION

PART 4 EARLY CHILDHOOD AND SCHOOL READINESS LEGISLATIVE COMMISSSION

26.5-1-101. Short title.

The short title of this title 26.5 is the "Anna Jo Garcia Haynes Early Childhood Act".

Source: L. 2021: Entire title added, (HB 21-1304), ch. 307, p. 1846, § 4, effective July 1, 2022.

26.5-1-102. Legislative intent.

1. It is the intent of the general assembly that the department of early childhood shall work with other state and local agencies, public and private early childhood providers, head start agencies, nonprofit organizations, and parents and families to:
   1. Provide high-quality, voluntary, affordable early childhood opportunities for all children in Colorado;
   2. Coordinate the availability of early childhood programs and services in Colorado to meet the needs of all families;
   3. Establish state and community partnerships that provide for a mixed delivery of child care and early childhood programs through school-based and community-based providers;
   4. Ensure that parent and community input are prioritized in the continuing design and implementation of programs and policies affecting children and families;
   5. Maximize the efficient use of resources to ensure that parents, children, and early childhood program and service providers are prioritized and receive the greatest level of investment and financial support with the lowest possible administrative burden;
   6. Prioritize the equitable delivery of resources and supports for early childhood;
   7. Unify within the department the administration of child care and early learning programs to effectively and efficiently support a streamlined parent and provider experience and to support a diverse array of providers of early childhood care and learning services. Unification of the programs must include:
      1. Development of a common program application process, which, to the extent practicable, is accessible in families' preferred languages, to streamline the eligibility and enrollment experience for families;
      2. Quality program standards that support child development and successful transitions to elementary education and are aligned and integrated with standards from other early care and learning programs; and
      3. Focus on recruitment and retention strategies, including strategies designed to recruit and retain individuals from different cultural backgrounds, and compensation strategies for the early care and learning workforce to elevate and support the workforce across all care and learning settings; and
   8. Improve outcomes for children and families through:
      1. Strategies that support recruitment, training, and compensation of the early childhood workforce, including strategies designed to recruit and retain individuals from different cultural backgrounds;
      2. Implementation of evidence- and practice-based best practices in education, family support, and child development with a focus on continuous improvement and innovation;
      3. Program evaluation for continuous improvement, including monitoring metrics that promote transparency and efficiency of administration, program quality assessment, and child and family outcomes and accountability, which are reported annually and must address removal or reduction of access barriers, realization of administrative or financial efficiencies, and progress toward achieving the department's mission;
      4. Alignment with state and federal requirements under the state "Exceptional Children's Educational Act", part 1 of article 20 of title 22, and part B and part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended; and
      5. Education and training regarding how to identify and address child and family trauma and support a trauma-informed approach to early childhood.

Source: L. 2021: Entire title added, (HB 21-1304), ch. 307, p. 1847, § 4, effective July 1, 2022.

26.5-1-103. Definitions.

As used in this title 26.5, unless the context otherwise requires:

1. "Department" means the department of early childhood created in section 26.5-1-104.
2. "Department rule" means a rule promulgated by the executive director as authorized in section 26.5-1-105.
3. "Executive director" means the executive director of the department of early childhood.
4. "Local coordinating organization" means the entity selected by the department pursuant to section 26.5-2-103 to implement a community plan for increasing access to, coordinating, and allocating funding for early childhood and family support programs and services within a specified community.
5. "Rules advisory council" or "council" means the council convened by the executive director pursuant to section 26.5-1-105.

Source: L. 2021: Entire title added, (HB 21-1304), ch. 307, p. 1848, § 4, effective July 1, 2022. L. 2022: Entire section amended, (HB 22-1295), ch. 123, p. 566, § 1, effective April 25.

26.5-1-104. Department of early childhood - created - executive director - powers, duties, and functions.

1. There is created the department of early childhood, the head of which is the executive director of the department of early childhood, which office is created. The governor shall appoint the executive director, with the consent of the senate, and the executive director serves at the pleasure of the governor. The reappointment of an executive director after an initial election of a governor is subject to the provisions of section 24-20-109. In appointing an executive director, the governor shall make concerted efforts to identify qualified individuals who are representative of the diverse populations of children and families residing in Colorado. The executive director has those powers, duties, and functions prescribed for the heads of principal departments in the "Administrative Organization Act of 1968", article 1 of title 24, and any powers, duties, and functions set forth in this title 26.5.
2. The department of early childhood consists of an executive director of the department of early childhood and such divisions, sections, other units, and advisory boards as the executive director may establish pursuant to subsection (3) of this section and as may be specified in this title 26.5.
3. The executive director may establish such divisions, sections, other units, and advisory boards within the department as are necessary for the proper and efficient discharge of the powers, duties, and functions of the department.
4. The department of early childhood is responsible for administering the functions and programs as set forth in this title 26.5.
5. Repealed.

Source: L. 2021: Entire title added, (HB 21-1304), ch. 307, p. 1848, § 4, effective July 1, 2022. L. 2022: (5) repealed, (HB 22-1295), ch. 123, p. 775, § 5, effective July 1.

26.5-1-105. Powers and duties of the executive director - rules - rules advisory council - repeal.

1. 1. The executive director is authorized to promulgate, in accordance with the "State Administrative Procedure Act", article 4 of title 24, all rules for the administration of the department and for the execution and administration of the functions specified in section 26.5-1-109 and for the programs and services specified in this title 26.5. In promulgating rules, the executive director shall, to the greatest extent possible:
      1. Reduce the administrative burden on families and providers of accessing programs and services, implementing programs, and providing services;
      2. Decrease duplication and conflicts in implementing programs and providing services;
      3. Increase equity in access to programs and services and in child and family outcomes;
      4. Increase administrative efficiencies among the programs and services provided by the department; and
      5. Ensure that the rules are coordinated across programs and services so that programs are implemented and services are provided with improved ease of access, quality of family and provider experience, and ease of implementation by state, local, and tribal agencies.
   2. The department may adopt guidelines and procedures to assist in the implementation and delivery of the programs and services that the department provides pursuant to this title 26.5. When appropriate to reduce potential administrative burden, the department may differentiate in the adopted guidelines and procedures among communities, including communities in rural areas, based on community capacity and readiness for implementing programs and delivering services.
   3. This subsection (1) is repealed, effective September 1, 2024. Before the repeal, this subsection (1) is scheduled for review in accordance with section 24-34-104.
2. 1. The executive director shall convene a rules advisory council for consultation and advice in promulgating rules for the functions, programs, and services that the department provides. The executive director shall appoint the members of the rules advisory council, taking into consideration a list of nominees provided by the early childhood leadership commission pursuant to this subsection (2)(a). To ensure that the council is representative and collaborative and embodies a wide range of perspectives and experience with regard to early childhood and family support programs and services, the early childhood leadership commission shall conduct outreach to a wide range of early childhood industry organizations and partners and shall publicly solicit applications from qualified and interested individuals to serve on the council. In addition to soliciting applications, the early childhood leadership commission shall consult with parents and with counties, county human services directors, school districts, providers, and the organizations that represent these entities and shall accept nominations from said organizations. Based on the applications and nominations received, the early childhood leadership commission shall submit to the executive director a list of nominees for consideration as appointments to the council. To the extent practicable, the list of nominees must include nominees that satisfy the requirements specified in subsections (2)(b), (2)(c), and (2)(d) of this section. The early childhood leadership commission shall submit a list of nominees to the executive director as provided in this subsection (2)(a) for the initial and subsequent appointments to the council.
   2. The executive director shall appoint fifteen persons, taking into consideration the list of nominees received from the early childhood leadership commission, to serve on the council, which appointments must include at least one person from each of the following categories:
      1. Representatives from programmatically diverse communities, including:
         1. A representative from a school-based preschool provider;
         2. A representative from a private early childhood provider, who may be a head start program or in-home child care provider; and
         3. A representative who provides child care as a nonparental family member, friend, or neighbor;
      2. Representatives of county departments, as defined in section 26.5-4-103, in diverse geographic areas of the state who are knowledgeable of and responsible for implementing child protection programs and the Colorado child care assistance program and have expertise in fiscal matters for county departments. Notwithstanding any provision of this subsection (2)(b) to the contrary, the executive director shall appoint at least two persons from the category described in this subsection (2)(b)(II).
      3. A representative of a foundation, business, or early childhood advocacy organization;
      4. A representative who is an expert in the funding for and rules and federal regulations concerning early childhood and family support programs and services, including the laws, rules, and regulations pertaining to children with disabilities;
      5. A representative of institutions of higher education; and
      6. An early childhood health-care or mental health-care professional.
   3. At least eight of the members appointed to the council must be included in one or more of the following categories:
      1. Parents, families, or caregivers of children who are enrolled in a variety of school- and community-based preschool programs and public and private early childhood programs;
      2. Members of the early childhood workforce, including educators in school- and community-based programs; and
      3. Members of historically underserved and under-resourced communities.
   4. In appointing members of the council, the executive director shall ensure that the appointed members are from regions throughout the state, including urban, suburban, and rural areas, and, to the extent practicable, are diverse with regard to race, ethnicity, immigration status, age, sexual orientation, gender identity, culture, and language.
   5. Members of the council are appointed to serve four-year terms and may serve two consecutive terms; except that, of the members initially appointed to the council, the executive director shall appoint five members to serve two-year terms, five members to serve three-year terms, and five members to serve four-year terms. If a vacancy arises on the council, the executive director shall appoint a person to fill the vacancy for the remainder of the unexpired term.
   6. The executive director may create issue-specific subcommittees of the council that must include members of the council and may include representatives from other state agencies, representatives of local and tribal agencies or other local leaders in early childhood and family support issues, and issue experts.
   7. There is created a county subcommittee of the rules advisory council to provide information and advice to the council concerning the development and implementation of early childhood and family support programs that impact county departments, as defined in section 26.5-4-103, including the Colorado child care assistance program. The subcommittee consists of representatives from up to twelve county departments, appointed by a statewide association of human services directors. The appointees must be representative of the diversity of counties in the state, including large and small and urban and rural counties. In addition to providing information and advice to the council, the county subcommittee, to promote coordination and alignment of programs and services, shall provide information and advice to the policy advisory committee that advises the department of human services.
   8. 1. The council shall meet as often as requested by the executive director. Except as otherwise provided in subsection (2)(h)(II) of this section, a member of the council and a non-council member who serves on a subcommittee may receive the same per diem compensation for attendance at council or subcommittee meetings as is provided for members of boards and commissions pursuant to section 12-20-103 (6) and reimbursement for any expenses necessary to support the member's participation at a council or subcommittee meeting, including any required dependent or attendant care and, if the member resides more than fifty miles from the location of the council or subcommittee meeting, expenses incurred in traveling to and from the meeting, including any required dependent or attendant travel, food, and lodging.
      2. A member of the council or of a subcommittee shall not receive reimbursement for expenses or per diem compensation if the member's employer compensates the member for time spent serving on the council or the subcommittee.
   9. In reviewing and making recommendations concerning rules and in preparing other recommendations for the executive director, the council shall strive to develop recommendations that are detailed and measurable and consider the impacts on children, parents, families, providers, school districts, counties, and local coordinating organizations. The council must approve recommendations by a majority vote and provide those recommendations to the executive director in writing. Members of the council voting in the minority may submit a written explanation of their opposition to the recommendations to the executive director.
   10. Before promulgating a rule, the executive director shall solicit feedback from and consider the recommendations of the council. If the executive director decides not to follow the recommendations of the council with regard to a rule, the executive director shall provide a written explanation of the rationale for the decision.
   11. The council is a state public body for purposes of the open meetings law specified in section 24-6-402 and is subject to the requirements of the "Colorado Open Records Act", part 2 of article 72 of title 24.
   12. This subsection (2) is repealed, effective July 1, 2032. Before the repeal, this subsection (2) is scheduled for review in accordance with section 2-3-1203.

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 567, § 2, effective April 25.

26.5-1-106. Transfer of functions - employees - property - contracts.

1. 1. 1. On and after July 1, 2022, the department is responsible for executing, administering, performing, and enforcing the rights, powers, duties, functions, and obligations vested before July 1, 2022, in: (1) (a) (I) On and after July 1, 2022, the department is responsible for executing, administering, performing, and enforcing the rights, powers, duties, functions, and obligations vested before July 1, 2022, in:
         1. The office within the department of human services that is responsible for early childhood programs and services; and
         2. The department of education concerning early childhood workforce development, including the professional development information system.
      2. The rights, powers, duties, functions, and obligations concerning a statewide preschool program are transferred, effective July 1, 2022, to the department to the extent necessary to establish and authorize enrollment in the Colorado universal preschool program, as provided in part 2 of article 4 of this title 26.5 for the 2023-24 school year, and are fully transferred to the department, effective July 1, 2023. The department of education retains such rights, powers, duties, functions, and obligations as are necessary to operate the existing Colorado preschool program pursuant to article 28 of title 22, as it exists prior to July 1, 2023, for the 2022-23 school year.
   2. The department shall enter into memoranda of understanding, interagency agreements, or both, as appropriate, with the department of human services and the department of education to provide for the timely transfer of powers, duties, personnel, property, records, appropriations, and other funding as necessary to accomplish the complete transfer of the rights, powers, duties, functions, and obligations to the department as described in subsection (1)(a) of this section.
   3. The rules pertaining to the powers, duties, functions, and obligations transferred to the department pursuant to subsection (1)(a) of this section that are adopted by the department of human services, the state board of human services, or the state board of education and are in effect as of July 1, 2022, continue in effect and apply to the department and persons or entities licensed or providing services pursuant to this title 26.5 until replaced by rules adopted by the executive director pursuant to section 26.5-1-105.
2. Beginning July 1, 2022, the positions of employment in the department of human services and the department of education concerning the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 and determined by the executive director to be necessary to carry out the purposes of this title 26.5, including positions of employment related to technology support, are transferred to the department of early childhood and become positions of employment in that department. The executive director, or the executive director's designee, shall establish the actual date of said transfers in memoranda of understanding, interagency agreements, or both, as appropriate, entered into between the department of early childhood and the department of human services or the department of education, as applicable, pursuant to subsection (1)(b) of this section.
3. Beginning July 1, 2022, all items of property, real and personal, including office furniture and fixtures, books, documents, records, and information systems with the supporting hardware, software, licenses, and data, of the department of human services and the department of education pertaining to the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 are transferred to the department of early childhood and become the property of said department. The executive director, or the executive director's designee, shall establish the actual date of said transfers in memoranda of understanding, interagency agreements, or both, as appropriate, entered into between the department of early childhood and the department of human services or the department of education, as applicable, pursuant to subsection (1)(b) of this section.
4. Effective July 1, 2022, if the department of human services or the department of education is referred to or designated by a contract or other document in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1, such reference or designation is deemed to apply to the department of early childhood. All contracts entered into by the said departments before July 1, 2022, in connection with the powers, duties, and functions transferred to the department of early childhood pursuant to this part 1 are hereby validated, with the department of early childhood succeeding to all rights and obligations under said contracts. Any money that was previously received or appropriated, and remains available, to satisfy obligations incurred under said contracts is transferred and further appropriated to the department of early childhood for the payment of said obligations.
5. On and after July 1, 2022, unless otherwise specified, if a provision of law refers to the department of human services with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(A) of this section or to the department of education with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(B) or (1)(a)(II) of this section, said law is construed as referring to the department of early childhood.
6. On and after July 1, 2022, unless otherwise specified, all claims and liabilities, including costs, relating to the performance of the department of human services with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(A) of this section or to the department of education with regard to the powers, duties, or functions specified in subsection (1)(a)(I)(B) or (1)(a)(II) of this section are transferred to and assumed by the department of early childhood, exclusively through the department of early childhood, and no other public entity or agency is responsible or liable for any such claims, liabilities, or damages.
7. The executive director, or the executive director's designee, may accept, on behalf of and in the name of the state, gifts, grants, and donations for any purpose connected with the powers, duties, and functions of the department. The state treasurer shall hold any property so given, but the executive director, or the executive director's designee, may direct the disposition of any property so given for any purpose consistent with the terms and conditions under which the gift was created.

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 571, § 2, effective April 25.

26.5-1-107. Final agency action - authority of executive director - rules.

Hearings conducted by an appointed administrative law judge are considered initial decisions of the department that the executive director, or an executive director's designee, shall review. If exceptions to the initial decision are filed pursuant to section 24-4-105 (14)(a)(I), the review must be in accordance with section 24-4-105 (15); except that the department may, at its discretion, permit a party to file an audio recording in lieu of a written transcript if the party cannot afford a written transcript. The executive director may adopt rules delineating the criteria and process for filing an audio recording in lieu of a written transcript. In the absence of an exception filed pursuant to section 24-4-105 (14)(a)(I), the executive director shall review the initial decision in accordance with a procedure adopted by the executive director. The procedure must be consistent with federal mandates concerning the single state agency requirement. Review by the executive director in accordance with section 24-4-105 (15) or the procedure adopted by the executive director pursuant to this section constitutes final agency action.

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 573, § 2, effective April 25.

26.5-1-108. Cooperation with federal government - grants-in-aid - legislative intent.

1. The department is authorized to accept, use, and administer all money and property granted or made available to the state or any state agency for the purpose of the early childhood programs and services that are transferred to the department pursuant to this part 1 or subsequently created in this title 26.5 or other programs and services that are comparable to said programs and services, except any money and property that is granted or made available to another specifically designated agency.
2. If it is necessary to execute a formal agreement with a federal agency or officer as a condition precedent to receiving federal money or property pursuant to subsection (1) of this section, the department is authorized to execute such an agreement, with the approval of the attorney general, so long as the agreement is not inconsistent with law.
3. The state treasurer is authorized to receive, as official custodian, any money that the department accepts pursuant to subsection (1) of this section. The state treasurer shall disburse the money received pursuant to this section upon the order of the executive director.
4. Beginning with the presentation made to a joint committee of reference pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, in the 2023 regular legislative session, the department shall annually include in the presentation a report that details the total amount of federal money that the department received in the prior fiscal year, accounting for how the money was used, specifying the federal law or regulation that governs the use of the federal money, if any, and providing information regarding any flexibility the department has in using the federal money. The department shall make the report publicly available following the hearing.
5. It is the intent of the general assembly that the responsibility for administering and the power to expend federal money pertaining to the powers, duties, and functions that are transferred to the department pursuant to this part 1 transfer to the department in accordance with the memoranda of understanding, interagency agreements, or both, as appropriate, described in section 26.5-1-106 (1)(b).

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 573, § 2, effective April 25.

26.5-1-109. Department functions - operating principles.

1. The department shall execute the following functions and operate programs and provide services associated with those functions as described in this title 26.5 and authorized by federal law:
   1. Promote child physical, oral, and behavioral health and use multigenerational and culturally and linguistically appropriate strategies to support child and parent outcomes that improve overall family well-being;
   2. Identify and address child and family trauma and support a trauma-informed, as defined in section 19-1-103, approach to early childhood;
   3. Provide support to families for healthy early childhood development;
   4. Promote access to quality early childhood care and education, including monitoring and increasing the capacity of quality early childhood care and education programs to support the availability of said programs for children throughout the state;
   5. Promote and support access to a coherent and aligned system of preparation and ongoing professional development opportunities for persons who provide early childhood and family support programs and services;
   6. Support state and local infrastructure for providing early childhood and family support programs and services, including early childhood care and education and physical, oral, and behavioral health care for children;
   7. Collaborate formally and informally with all state departments and local and tribal agencies that administer or otherwise provide support for early childhood and family support programs and services to ensure effective and efficient administration of said programs and services, including combining and coordinating the funding for said programs and services that are under the jurisdiction of the department to the fullest extent allowed under state and federal laws and regulations, and to ensure consistency in the experience of families who benefit from these programs and services and promote whole-child and whole-family well-being;
   8. Collaborate with other state departments and local and tribal agencies to set, and assess achievement of, statewide goals for quality, availability, capacity, and delivery of early childhood and family support programs and services and statewide goals for support and development of the workforce that provides early childhood and family support programs and services, including physical, oral, and behavioral health care for children;
   9. Collaborate with other state departments, local and tribal agencies, and local coordinating organizations to safely collect and share data, eliminating duplication of data collection when possible, while ensuring privacy and security for children and families, to enable the department to gauge the statewide quality, availability, capacity, and delivery of early childhood and family support programs and services;
   10. Evaluate the quality of early childhood and family support programs and services throughout the state using identified outcome metrics and provide support for early childhood providers and the workforce that provides early childhood and family support programs and services, including physical, oral, and behavioral health care for children;
   11. Collaborate with other state departments to promote the overall effectiveness of early childhood systems in the state by jointly identifying metrics that all departments use to monitor early childhood outcomes throughout the state, which must include outcomes in health, including physical, social-emotional, and dental; learning; and overall well-being;
   12. Support innovation in methods and strategies for accessing and providing early childhood and family support programs and services through research and review of programs and systems implemented within Colorado and in other states and countries; and
   13. In coordination with the department of human services and county departments, as defined in section 26.5-4-103, integrate outreach for early childhood and family support programs and services into efforts to provide families access to a wide range of services and resources, including access to food, cash assistance, and health care.
2. In executing the functions described in subsection (1) of this section and implementing the programs and providing the services related to those functions, the department shall ensure to the greatest extent possible that:
   1. Early childhood and family support programs and services are:
      1. Implemented and provided across functions rather than being siloed as individual programs, which includes providing a seamless application experience for families and providers as described in section 26.5-1-110, increasing the efficiency of programs and services, and reducing duplication and administrative burden;
      2. Designed with a focus on the user experience of families, children, providers, and other end-users and designed to serve the whole family and the whole child;
      3. Available statewide and provided on an equitable, affordable, and culturally and linguistically responsive basis to all families who choose to use the programs and services;
      4. With regard to early childhood programs and services, provided through child care providers; a mixed delivery system of school- and community-based preschool program providers; and a diverse workforce of licensed, voluntarily credentialed, and informal childhood caregivers and educators; and
      5. With regard to family support programs and services, provided through a mixed delivery system of public and private providers and a diverse workforce; and
   2. Funding for programs and services is combined and coordinated at the state level, when possible and to the fullest extent allowed under state and federal laws and regulations, before distribution to local and tribal agencies, families, and providers; and
   3. Resources are used with maximum efficiency to ensure that parents, children, and early childhood program and service providers are prioritized and receive the greatest possible level of investment and financial support with the lowest possible level of administrative burden; and
   4. The department works in partnership with families, public and private providers, and local early childhood communities.
3. To assist the department in executing the functions and meeting the requirements specified in this section, the executive director shall ensure that there is at least one staff member among the upper management levels of the department whose job responsibilities include ensuring that staff support and communicate, interact, and partner with the counties and the county departments, as defined in section 26.5-4-103.
4. In executing the functions described in subsection (1) of this section, the department shall collaborate with the departments of education, higher education, human services, public health and environment, and health care policy and financing to strengthen coordination and promote alignment among education, higher education, human services, health care, and mental health care in serving and supporting children, families, providers, and the early childhood workforce.

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 574, § 2, effective April 25.

26.5-1-110. Unified application - child care, services, and education.

1. The department shall develop and implement the use of a single, unified electronic application for families to use in applying for all publicly funded early childhood programs and services that the department administers. The department shall design the application to enable equitable access; streamline the enrollment and eligibility-determination process for families, providers, and state, local, and tribal agencies; and meet the requirements specified in subsection (2) of this section. The department shall collaborate with other state, local, and tribal agencies as necessary in developing, and collecting feedback concerning, the application to ensure the least amount of duplication for families and state, local, and tribal agencies. The department shall ensure that the application is functional by July 1, 2023, for families seeking to enroll children in the Colorado universal preschool program pursuant to part 2 of article 4 of this title 26.5.
2. At a minimum, the unified application must:
   1. Be available in multiple languages;
   2. Be accessible on mobile electronic devices and available in paper copy;
   3. Collect from families only the minimum information necessary to apply for programs and services and enable families to apply for a single program or service or for multiple programs and services simultaneously or over time;
   4. Adhere to all state and federal data privacy and security laws and regulations;
   5. Reduce duplication in and the complexity of the information collected from providers;
   6. Include consideration of all sources from which the applicant may be eligible for funding to ensure that all of the funding for which the applicant is eligible is combined and coordinated to the fullest extent allowed under state and federal laws and regulations in providing the programs and services for which the applicant is applying;
   7. Allow for customization as may be necessary for certain programs or services; and
   8. Coordinate with other agencies and programs, as appropriate, to ensure appropriate referral of children and families to early childhood programs administered by other departments.

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 577, § 2, effective April 25.

26.5-1-111. Data system - collection - analysis - cross-agency agreements.

1. The department shall work with local coordinating organizations, state agencies, local and tribal agencies, and providers, as necessary, to collect, share, manage, and protect qualitative and quantitative data pertaining to early childhood and family support programs and services. The department shall review and analyze the collected data to assess:
   1. The needs of children and families for early childhood and family support programs;
   2. The local and statewide availability, capacity, use, and quality of, and funding support for, early childhood and family support programs and services;
   3. The degree to which the department and local and tribal agencies are reducing inequities in access to and use of early childhood and family support programs and services and in childhood outcomes;
   4. The capacity, quality, training, education, employment status, and retention of and compensation provided to members of the workforce that serves early care and education, early childhood programs and services, and family support programs and services;
   5. Long-term outcomes for children served by early childhood and family support programs and services, including correlations to school readiness as assessed pursuant to section 22-7-1004 (2), to academic success in third grade, and to high school graduation; and
   6. Other measures that indicate the effectiveness of the early childhood and family support programs and services in Colorado in serving and supporting children, families, providers, and the early childhood workforce.
2. At a minimum, the department shall collect data pertaining to early childhood and family support programs and services that includes:
   1. The number of children in the state who are eligible to receive, and the number of children who actually receive, services through the programs administered by the department; the demographics of said children, including socioeconomic status, race, ethnicity, language, and disability; and said children's eligibility for funding and use of early childhood and family support programs and services;
   2. Information concerning groups of children who have historically encountered barriers to school readiness;
   3. Information that enables the department, local coordinating organizations, and local and tribal agencies to assess on a continuing basis the needs for early childhood and family support programs and services in an area and make decisions concerning the provision of programs and services;
   4. The demand for early childhood and family support programs and services and the existence of providers in areas throughout the state, including information concerning program capacity, such as the number of available classrooms; the local and statewide availability of locally, state-, and federally funded enrollment positions and vacancies in those positions; and the number of hours of services received by individual children and parents in programs;
   5. The number of early childhood programs at each quality level statewide and in specific areas and the number and demographics of children served in early childhood programs at each quality level;
   6. Data regarding the early childhood workforce; and
   7. The combination and coordination of local, state, and federal funding for children and families to provide early childhood and family support programs and services and the programs and services that are provided, including use of more than one program or service by a single family.
3. 1. The departments of early childhood, human services, education, public health and environment, and health care policy and financing shall enter into agreements to ensure data privacy and security with regard to shared early childhood data. In collecting and sharing data, the departments shall coordinate and require collection of data in ways that impose the least possible burden on families and providers, including by reducing redundancies in data collection across programs.
   2. The department shall use information derived through the early childhood data system to, at a minimum, inform planning, leverage resource allocations, maximize children's access to early childhood programs and services, and support data-informed decision-making.
   3. The department shall identify and pursue research opportunities to provide information to support new measures for improving the system of early childhood and family support programs and services in the state and to understand the causal effects of early childhood and family support programs and services that are provided.
4. The department, through the department website, shall regularly inform members of the early childhood community and other members of the public of progress made in improving the delivery, quality, access, availability, and capacity of early childhood programs and services. Specifically, the department shall provide information concerning the achievement of benchmarks in such areas as increasing the number of children receiving early childhood programs and services, improving preschool classroom quality, meeting program quality standards, and improving school readiness, and shall provide information concerning the results of preschool program evaluations completed pursuant to section 26.5-4-207.

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 578, § 2, effective April 25.

26.5-1-112. Transition review - program review - report - repeal.

1. 1. The department shall enter into an agreement with a public or private entity to act as an independent evaluator of the department's performance in executing the functions identified in section 26.5-1-109 and in operating programs and providing services associated with those functions in accordance with this title 26.5. The independent evaluator shall complete a review of the operations of the department and the programs that transition from the department of human services and the department of education to the department. At a minimum, in conducting the review, the independent evaluator shall evaluate and make recommendations concerning:
      1. Whether the department operates the programs and provides the services efficiently and ensures that the programs and services are:
         1. Child, family, and community centered and serve the whole child and whole family;
         2. Equity driven;
         3. Focused on and accountable for achieving identified outcomes and making data-driven, outcome-based decisions;
         4. Meeting high-quality standards;
         5. Serving and supporting the early childhood workforce;
         6. Supporting a mixed delivery system of school- and community-based preschool programs and supporting child care providers; and
         7. Coordinated with other supports and services for families that are not operated by the department, including food assistance, cash assistance, and health care;
      2. The effectiveness and efficiency of the governance structure and organization of the department, including whether to create a type 1 policy board within the department to be appointed by the governor with the consent of the senate and transfer rule-making authority and oversight of the department from the executive director to the policy board;
      3. The cross-agency agreements with other departments that operate early childhood and family support programs and services and the effectiveness of the agreements in seamlessly providing said programs and services;
      4. The impact of the implementation of the Colorado universal preschool program pursuant to part 2 of article 4 of this title 26.5 on the number of children served by the Colorado child care assistance program pursuant to part 1 of article 4 of this title 26.5. The independent evaluator shall evaluate this issue in consultation with county departments, as defined in section 26.5-4-103.
      5. Whether the programs that the department operates were appropriate for transition or would be better operated in another department pursuant to a cross-agency agreement.
   2. The independent evaluator, in coordination with the departments of education, human services, public health and environment, and health care policy and financing, shall review the programs and services pertaining to early childhood that were not transferred to the department, including the federal law and regulations pertaining to those programs and services, to determine whether the programs and services should be transferred to and operated by the department.
   3. No later than November 1, 2025, the independent evaluator shall submit a report concerning the review of operations pursuant to subsection (1)(a) of this section and the review of the transfer of additional programs and services pursuant to subsection (1)(b) of this section to the department; the governor; the early childhood leadership commission; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees.
   4. In conducting the reviews and making recommendations pursuant to this subsection (1), the independent evaluator shall solicit input through a process that includes participation by the populations served by the programs; the providers and members of the workforce working in the programs; local coordinating organizations; state, local, and tribal agencies involved in implementing the programs; and any other relevant experts.
2. 1. The department, in collaboration with the departments of education, higher education, human services, public health and environment, and health care policy and financing, shall prepare an annual report concerning the progress made and challenges encountered by the department of early childhood in transitioning and implementing programs and providing services and by the departments as a group in implementing cross-agency collaboration related to, at a minimum:
      1. Administration of part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and coordination with the department of education of the transition of children from part C to part B as agreed to in the interagency operating agreement described in section 26.5-3-404 (3) between the department and the department of education;
      2. Implementation of the memorandum of understanding described in section 26.5-4-206 between the department and the department of education concerning administration of special education services for children prior to kindergarten, specifically implementation of part B, section 619, and part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended;
      3. Administration of the child and adult care food program in collaboration with programs administered by the department;
      4. Administration of the supplemental nutrition program for women, infants, and children in collaboration with programs administered by the department;
      5. Operation of early childhood and family support programs and services that the department administers, including at a minimum, data concerning the children and families served and the use, availability, and capacity of programs throughout the state;
      6. Interaction of early childhood care, learning, and supports with the public kindergarten and elementary education system to ensure children enter kindergarten ready to learn and are behaviorally and academically successful;
      7. Alignment of the operation of early childhood programs and services with the child welfare system operated by the department of human services and local agencies; and
      8. The use of public funding to support child care.
   2. The department shall submit the report prepared pursuant to subsection (2)(a) of this section as part of the presentation made to a joint committee of reference pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, in the 2023 regular legislative session and annually thereafter. In addition, the department shall annually submit the report to the governor; the early childhood leadership commission; the public and behavioral health and human services committee and the education committee of the house of representatives, or any successor committees; and the health and human services committee and the education committee of the senate, or any successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report described in this subsection (2) continues until repealed pursuant to subsection (2)(c) of this section.
   3. This subsection (2) is repealed, effective September 1, 2028.

Source: L. 2022: Entire section added, (HB 22-1295), ch. 123, p. 580, § 2, effective April 25.

26.5-1-113. Children's mental health program - appropriation - legislative declaration - definitions - repeal.

1. 1. The general assembly finds and declares that:
      1. Neurobiological research confirms that stressful experiences early in life can have profound and destructive impacts on the architecture of the brain;
      2. Additional scientific research has shown, however, that responsive, nurturing relationships between young children and their caregivers that lead to secure attachment serve as powerful, protective buffers to stressful experiences early in life;
      3. Providing an evidence-based, two-generation, and home-based prevention and early intervention mental health program can prevent or ameliorate the damage caused by stressful experiences; and
      4. It is possible to decrease the stress experienced by families by connecting family members to needed services through intensive care coordination. By providing psychotherapy to a caregiver and child together, it is possible to repair the impact of stress on the child and strengthen the caregiving relationship.
   2. The general assembly finds, therefore, that:
      1. Given the harmful consequences of the economic disruptions resulting from and exacerbated by the COVID-19 public health emergency, it is in the best interest of the state to authorize the department of early childhood to contract with a nonprofit entity to provide evidence-based, two-generation, and home-based prevention and early intervention children's mental health programs; and
      2. The purpose of children's mental health programs is to enhance the mental health and development of caregivers and young children. Children's mental health programs must combine comprehensive, coordinated services and psychotherapeutic intervention for caregivers and children, increase adult self-regulation and executive functioning, and result in long-term positive outcomes for children and families.
   3. It is the intent of the general assembly that the department and a nonprofit entity work collaboratively to share information as necessary to promote efficient and effective implementation of the children's mental health programs in Colorado.
   4. The general assembly further finds and declares that contracting with a nonprofit entity to provide children's mental health programs constitutes critical government services.
2. As used in this section, unless the context otherwise requires:
   1. "Children's mental health program" means an evidence-based, two-generation, and home-based prevention and early intervention program for families with children from prenatal to six years of age who are experiencing chronic stress and trauma. A children's mental health program must be proven to significantly improve child emotional and behavioral health, child language development, and caregiver mental health, as well as decrease child abuse and neglect, resulting in long-term positive outcomes for children and families.
   2. "Entity" means a Colorado-based nonprofit organization.
3. 1. On or before November 1, 2022, the department shall contract with a Colorado-based nonprofit entity to provide children's mental health programs. The entity must have previous and current experience serving the target demographic using a curriculum that:
      1. Includes components that provide for intervening with families with young children who are experiencing chronic stress and trauma. The curriculum must connect the families to needed services through intensive care coordination while also providing psychotherapy for the child and parent or guardian.
      2. Has been previously implemented with success by providers in Colorado.
   2. The entity with which the department contracts shall:
      1. Perform community implementation readiness assessments and provide training, coaching, and monitoring for the implementation of children's mental health programs;
      2. Provide ongoing quality assessments and improvement recommendations to ensure high-quality implementation and sustainability of children's mental health programs;
      3. Provide the department with site-specific and statewide process and outcome evaluations of children's mental health programs; and
      4. Annually prepare and submit to the department and the behavioral health administration an evaluation of the outcomes of all of the children's mental health programs implemented.
4. 1. For the 2022-23 state fiscal year, the general assembly shall appropriate two million dollars to the department for the purposes of implementing this section from the economic recovery and relief cash fund created in section 24-75-228. The department is authorized to expend up to five percent to pay the costs incurred in implementing this section, including the costs incurred in contracting with a nonprofit entity.
   2. Money spent pursuant to this subsection (4) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department must either spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
   3. This subsection (4) is repealed, effective September 1, 2027.
5. The department and the contracted entity shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

Source: L. 2022: Entire section added, (HB 22-1369), ch. 346, p. 2470, § 1, effective June 3; (4)(b) amended, (HB 22-1411), ch. 271, p. 1960, § 18, effective June 3.

Editor's note: Section 24(1)(i) of chapter 271 (HB 22-1411), Session Laws of Colorado 2022, provides that the act changing this section takes effect only if HB 22-1369 becomes law and takes effect either upon the effective date of HB 22-1411 or HB 22-1369, whichever is later. HB 22-1411 became law and took effect May 27, 2022, and HB 22-1369 took effect June 3, 2022.

PART 3 EARLY CHILDHOOD LEADERSHIP COMMISSION

26.5-1-401. Short title.

The short title of this part 4 is the "Early Childhood and School Readiness Legislative Commission Act".

Source: L. 2021: Entire title added, (HB 21-1304), ch. 307, p. 1853, § 4, effective July 1, 2022.

Editor's note: This section is similar to former § 26-6.5-201 as it existed prior to 2021.

26.5-1-402. Legislative declaration.

1. The general assembly finds that:
   1. The most economically efficient time to develop children's skills and social abilities is in the very early years when developmental education across all of the four domains of early learning, family support and education, health care, social-emotional health, and mental health, can have the most effect;
   2. Children, families, and society benefit from quality investments in early childhood development and learning. Comprehensive early childhood development provides children and their families with the resources they need for early nurturing and for early language development and learning experiences and the physical health supports they need to help them arrive at school thriving and ready to learn.
   3. High-quality early childhood care and learning during the crucial growth years from birth to five years of age is necessary to enable children to succeed when they start kindergarten and as they continue their education;
   4. Research demonstrates that parental support and involvement, combined with a high-quality preschool education program, increases students' school readiness and achievement in kindergarten and significantly contributes to overcoming the effects of students' varying socioeconomic circumstances; and
   5. Research further shows that improving educational performance through improved school readiness costs much less than special education, remediation, and grade retention.
2. The general assembly concludes therefore that it is in the best interests of the state to create a legislative commission to meet on a regular basis throughout the year to study issues and recommend legislation concerning early childhood and school readiness, including health care, mental health, parental involvement, family support, child care, and early learning.

Source: L. 2021: Entire title added, (HB 21-1304), ch. 307, p. 1853, § 4, effective July 1, 2022.

Editor's note: This section is similar to former § 26-6.5-202 as it existed prior to 2021.

26.5-1-403. Early childhood and school readiness legislative commission - creation - membership - duties - funding.

1. 1. There is created a legislative commission for policy improvement related to early childhood and school readiness, including the areas of health, mental health, parental involvement, family support, child care, and early learning, referred to in this part 4 as the "commission".
   2. The commission consists of six members, appointed for terms of three years; except that, of the members first appointed, two members shall be appointed for one-year terms, two members shall be appointed for two-year terms, and two members shall be appointed for three-year terms. The appointing authorities shall jointly determine which commission members serve reduced terms. Each commission member serves at the pleasure of the applicable appointing authority. Vacancies shall be filled by appointment of the original appointing authority for the remainder of the unexpired term. Initial appointments to the commission shall be made on or before July 1, 2013, as follows:
      1. The president of the senate shall appoint two senators to serve on the commission, one of whom serves on the senate education committee, or any successor committee, and one of whom serves on the senate health and human services committee, or any successor committee;
      2. The minority leader of the senate shall appoint one senator to serve on the commission who also serves on the senate education committee, or any successor committee;
      3. The speaker of the house of representatives shall appoint two representatives to serve on the commission, one of whom serves on the education committee of the house of representatives, or any successor committee, and one of whom serves on the public health care and human services committee of the house of representatives, or any successor committee; and
      4. The minority leader of the house of representatives shall appoint one representative to serve on the commission who also serves on the education committee of the house of representatives, or any successor committee.
   3. The president of the senate shall select the first chair of the commission, and the speaker of the house of representatives shall select the first vice-chair. The chair and vice-chair must alternate annually thereafter between the two houses. The chair and vice-chair of the commission may establish such organizational and procedural rules as are necessary for the operation of the commission.
   4. The members of the commission must receive compensation and reimbursement for expenses incurred in fulfilling the duties of the commission as provided in section 2-2-326.
2. 1. The commission may meet up to four times annually. The director of research of the legislative council and the director of the office of legislative legal services shall provide staff assistance to the commission. The commission shall study issues concerning early childhood and school readiness, including but not limited to health care, mental health, parental involvement, family support, child care, and early learning. The commission shall solicit input from members of the public, especially those individuals with expertise related to early childhood and school readiness issues, to aid the commission in its work. The commission shall consult with the early childhood leadership commission, created in section 26.5-1-302, with regard to policies concerning early childhood and school readiness.
   2. The commission may accept in-kind donations in the form of administrative support from one or more nonprofit organizations.
   3. The commission shall report to the legislative council by the date specified in rule 24 (b)(1)(D) of the joint rules of the senate and house of representatives. The report may include recommendations for legislation, including but not limited to legislation continuing the commission and an explanation of the additional time and procedures that the commission may require to achieve the commission's study goals. Legislation that the commission recommends is treated as legislation recommended by an interim committee for the purposes of the introduction deadlines and bill limitations imposed by the joint rules of the senate and house of representatives.

Source: L. 2021: Entire title added, (HB 21-1304), ch. 307, p. 1854, § 4, effective July 1, 2022.

Editor's note: This section is similar to former § 26-6.5-203 as it existed prior to 2021.

26.5-1-404. Repeal of part.

This part 4 is repealed, effective July 1, 2023.

Source: L. 2021: Entire title added, (HB 21-1304), ch. 307, p. 1855, § 4, effective July 1, 2022.

Editor's note: This section is similar to former § 26-6.5-204 as it existed prior to 2021.

26.5-2-101. Legislative declaration.

1. The general assembly finds and declares that:
   1. Local entities are best positioned to understand the varying needs for early childhood programs and services that arise in the widely diverse communities throughout the state; and
   2. Each community requires leadership by local entities that, alone or in partnership with the state, can coordinate the resources available within the community with state resources to provide the type and level of early childhood and family support programs and services each community requires.
2. The general assembly finds, therefore, that, to best serve the families and children in all communities throughout the state, the department shall select and work with local coordinating organizations in communities throughout the state to support access to and equitable delivery of early childhood and family support programs and services, identify gaps in service, foster partnerships, create alignment among the public and private providers and agencies within the community that serve families and children, and establish a comprehensive, locally supported plan for providing early childhood and family support programs and services equitably within the community.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 583, § 3, effective April 25.

26.5-2-102. Definitions.

As used in this part 1, unless the context otherwise requires:

1. "Colorado universal preschool program" or "state preschool program" means the Colorado universal preschool program created in part 2 of article 4 of this title 26.5.
2. "Coordinator agreement" means the agreement that the department enters into with a local coordinating organization as described in section 26.5-2-105.
3. "Head start agency" means the local public or private nonprofit agency designated by the federal department of health and human services to operate a head start program under the provisions of Title V of the federal "Economic Opportunity Act of 1964", as amended.
4. "Local and tribal agencies" means county departments of human or social services and agencies of an Indian tribe that have responsibility for funding for early childhood and family support programs and services, school districts, charter schools that participate in the state preschool program, and head start agencies.
5. "Local coordinating organization" means an entity selected by the department pursuant to section 26.5-2-103 to support access to and equitable delivery of early childhood and family support programs and services in specified communities throughout the state.
6. "Mixed delivery system" has the same meaning as provided in section 26.5-4-203.
7. "Preschool provider" has the same meaning as provided in section 26.5-4-203.
8. "Preschool services" means preschool services provided through the state preschool program in the school year preceding kindergarten eligibility to children who are four or five years of age and preschool services provided through the state preschool program to a limited number of children who are three years of age or younger.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 583, § 3, effective April 25.

26.5-2-103. Local coordinating organization - applications - selection - rules.

1. The department shall solicit applications from local public entities and Colorado-based nonprofit organizations to serve as local coordinating organizations in communities throughout the state. Entities that may submit applications include, but are not limited to, county or municipal government agencies, school districts, boards of cooperative services, early childhood councils, family resource centers, special taxing districts, head start grantees, local nonprofit organizations, charter school networks and collaboratives, and other public institutions. Entities may apply singly or in partnership with other entities within the community. The solicitation and selection of entities to serve as local coordinating organizations are not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24.
2. An entity that seeks to serve as a local coordinating organization must apply to the department in accordance with department rules, if any, procedures, and timelines. At a minimum, the application must include:
   1. The proposed boundaries of the community within which the applicant would serve as the local coordinating organization for early childhood and family support programs and services provided to children and families within the community. The department may require, and shall work with the applicant to ensure, that the applicant's proposed boundaries align with one or more areas that the department identifies as a community. In identifying communities and establishing community boundaries throughout the state, the department shall ensure that a school district is not included in more than one community without the prior approval of the school district board of education expressed in an approved board resolution.
   2. Evidence that the applicant has the support of the local early childhood community in applying to serve as the local coordinating organization, which must include the support of families, providers, early childhood councils, local and tribal agencies, school districts, charter schools, and local governments within the community;
   3. The applicant's plan to coordinate with, at a minimum, the following entities within the proposed community:
      1. Administrative units, as defined in section 22-20-103, which remain responsible for overseeing implementation of the part B component of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended;
      2. Early childhood councils;
      3. Head start agencies;
      4. Family resource centers, as defined in section 26.5-3-102; and
      5. County departments of human and social services in providing child care services through the Colorado child care assistance program established in part 1 of article 4 of this title 26.5 and other family support programs and services;
   4. The applicant's proposed operating model for meeting the duties and responsibilities of a local coordinating organization, including, at a minimum, the applicant's personnel capacity and a proposed budget that reflects the anticipated operating and overhead costs and sources of funding; and
   5. If the applicant is a preschool provider, the applicant's plan for ensuring that serving as the local coordinating organization does not result in an unfair advantage to the applicant with regard to allocations of preschool funding generally or in coordinating with the other preschool providers in the community to ensure the availability of a mixed delivery system and the allocation of funding among preschool providers based on parent choice.
3. An applicant may include in the application a proposal for shared responsibility with the department for distributing and administering public funding within the community, in which case the applicant must include in the application the applicant's history of and experience with distributing and administering public funding.
4. The department, in accordance with department rules, if any, and procedures, shall review each application received pursuant to this section and select local coordinating organizations for communities throughout the state, ensuring that, to the extent possible, every family in the state resides within a community for which a local coordinating organization is selected. In selecting local coordinating organizations from among the applications received, the department shall, at a minimum, evaluate:
   1. The applicant's capacity to support families in applying for applicable early childhood and family support programs and services;
   2. The applicant's capacity to equitably recruit preschool providers to participate in the Colorado universal preschool program and provide preschool services through a mixed delivery system that, to the fullest extent practicable, accommodates parent choice;
   3. The demonstrated level of support for the applicant within the local early childhood community, the feasibility and quality of the applicant's plan to coordinate with other entities within the proposed community, and the applicant's history, if any, of coordinating with those entities; and
   4. The quality and efficiency of the applicant's proposed operating model and the likelihood that the applicant will have the capacity, experience, and support to successfully fulfill the responsibilities and duties of a local coordinating organization.
5. The executive director may promulgate rules and the department shall adopt procedures and timelines as necessary to implement this part 1, including adopting a process for receiving and reviewing applications that results in the initial selection of local coordinating organizations as soon as practicable after April 25, 2022. The department shall enter into a coordinator agreement with each local coordinating organization in accordance with section 26.5-2-105. Before the termination or conclusion of a coordinator agreement, the department shall solicit applications for a local coordinating organization for the affected community pursuant to this section and may re-select the same entity to serve as a local coordinating organization.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 584, § 3, effective April 25.

26.5-2-104. Local coordinating organization - community plan - duties.

1. 1. Each local coordinating organization shall adopt a community plan that fosters equitable access for families to, and robust participation by providers in, early childhood and family support programs and services by increasing access to, coordinating, and allocating funding for said programs and services within the community. The community plan must, at a minimum, address:
      1. The manner in which the local coordinating organization will assist families in applying for early childhood and family support programs and services and in enrolling children with early care and education providers;
      2. The manner in which the local coordinating organization will coordinate with county departments, as defined in section 26.5-4-103, and tribal agencies:
         1. To integrate outreach for early childhood and family support programs and services with other efforts to provide holistic services for families, including food, cash assistance, and health care; and
         2. To facilitate access to family support programs and services in support of county child welfare services, including implementation of the federal "Family First Prevention Services Act of 2018", as defined in section 26-5-101 (4.5);
      3. The manner in which the local coordinating organization will recruit and work with providers to ensure that families' needs for school- and community-based preschool providers, child care, and other early childhood services within the community are met to the fullest extent possible;
      4. The method by which the local coordinating organization will ensure that a mixed delivery system of school- and community-based preschool providers, based on parental choice, is available within the community, including identifying the existing school- and community-based preschool providers in the community and establishing goals and benchmarks for increasing the availability of preschool providers as necessary to be responsive to family preferences;
      5. A plan for working with early care and education providers to increase recruitment and retention of individuals in the early care and education workforce and to increase compensation for those individuals, with the goal of providing a living wage;
      6. A plan for coordinating the school- and community-based preschool providers that are available within the community with the other available early childhood and family support programs and services for children who enroll in the preschool providers and their families;
      7. A plan for collaborating with other local coordinating organizations to provide families access to early childhood and family support programs and services delivered by providers in other communities;
      8. A plan for the allocation of funding among school- and community-based preschool providers and other early care and education providers in the community, with the goal of maximizing the use of funding to meet community needs, including the need for full-day services;
      9. If the local coordinating organization shares responsibility with the state for distributing public funding, the manner in which it will, in coordination with local and tribal agencies, ensure that, to the extent possible, the public funding available to families is combined and coordinated to seamlessly provide early childhood and family support programs and services;
      10. The local coordinating organization's plan and strategies for identifying, soliciting, and securing, as feasible, additional local resources and funding to support early childhood and family support programs and services in the community; and
      11. The manner in which the local coordinating organization, in accordance with department requirements, will ensure transparency within the community concerning the amount of money available for and used to support early childhood and family support programs and services from all sources, including local property tax and sales tax and the maintenance of effort for child care assistance provided by county departments of human and social services within the community.
   2. Notwithstanding subsection (1)(a) of this section, the initial community plan that a local coordinating organization creates may be limited to addressing participation in the Colorado universal preschool program and the needs for, access to, and allocation of funding for school- and community-based preschool providers. With subsequent revisions of the plan, the local coordinating organization shall address the provision and coordination of additional early childhood and family support programs and services in the community as provided in subsection (1)(a) of this section in collaboration with local and tribal agencies.
   3. Each local coordinating organization shall submit the initial community plan to the department pursuant to department rules, if any, procedures, and timelines. The department shall review the community plan and may require changes before approving the community plan as provided in section 26.5-2-105.
   4. Each local coordinating organization shall regularly review and revise the community plan to ensure the plan continues to accurately reflect the early childhood and family support programs and services within the community and is relevant and effective in meeting families' needs for early childhood and family support programs and services. In creating, reviewing, and revising the community plan, the local coordinating organization shall solicit and take into account input from families, providers, members of the early childhood and family support workforce, local early childhood councils, local and tribal agencies, local governments, and the business community within the community. The local coordinating organization shall resubmit the community plan to the department following each review. Revisions to the community plan are subject to approval by the department as provided in section 26.5-2-105.
2. Each local coordinating organization shall implement the community plan and shall:
   1. Coordinate the program application and enrollment process for early childhood programs for both families and providers and across all participating entities within the community to facilitate the greatest practicable degree of family access to early childhood and family support programs;
   2. Subject to the availability and enrollment capacity of preschool providers in the community, provide universal access, in alignment with family choice, to high-quality school- and community-based preschool providers within the community for children in the year before eligibility for kindergarten;
   3. Manage a mixed delivery system of preschool providers;
   4. Allocate, in coordination with local and tribal agencies, when applicable, local early childhood funding and state preschool program funding to public and private providers within the community, based on the community plan, and ensure, to the greatest extent possible, that children who, pursuant to department rules adopted in accordance with section 26.5-4-204 (4)(a), are in low-income families and meet qualifying factors are prioritized, as directed by the department, to receive early childhood and family support programs and services;
   5. Support and ensure the availability of high-quality early childhood care and education for all children, including supporting access to training and support for members of the early childhood workforce;
   6. Support early childhood caregivers who are exempt from licensing pursuant to part 3 of article 5 of this title 26.5 in accessing family resources and resources related to health and safety, early childhood development, and workforce development;
   7. Increase over time the capacity of high-quality early child care and education programs within the community to better meet family and community needs;
   8. Support public and private providers in recruiting, developing, and retaining within the community a quality early childhood workforce that is culturally and linguistically relevant to the community;
   9. Work with providers in the community to ensure the collection and reporting to the department of key systems level data, as required by department rules, in a manner that minimizes duplication and the burden on families and providers and ensures compliance with all applicable privacy protections;
   10. Work in coordination with local county departments, as defined in section 26.5-4-103, and tribal agencies and local community-based organizations to integrate outreach for early childhood and family support programs and services with other efforts to provide holistic services for families, including food, cash assistance, and health care;
   11. Comply with department rules, if any, in implementing the community plan and the duties described in this section;
   12. Comply with any statutory auditing requirements that apply to the local coordinating organization or, if the local coordinating organization is not otherwise required by statute to undergo an annual financial audit, contract for the performance of an annual financial audit of the operations of the local coordinating organization by an independent auditor; and
   13. Comply with any other provisions included in the coordinator agreement entered into between the local coordinating organization and the department pursuant to section 26.5-2-105 (1)(b).
3. Each local coordinating organization shall work with entities within the community, including, at a minimum, the entities specified in section 26.5-2-103 (2)(c), to implement the community plan, which may include subcontracting or partnering with or otherwise delegating responsibility to one or more public or private entities. The local coordinating organization remains responsible to the department for implementing the community plan, meeting the goals specified in the community plan and the coordinator agreement, and meeting any additional requirements imposed by this part 1, by part 2 of article 4 of this title 26.5 concerning the Colorado universal preschool program, by department rule, or by the coordinator agreement.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 586, § 3, effective April 25.

26.5-2-105. Department duties - coordinator agreements - review.

1. To support and provide oversight for the statewide system of local coordinating organizations, the department shall:
   1. Select entities to serve as local coordinating organizations in communities throughout the state as provided in section 26.5-2-103;
   2. Enter into a coordinator agreement with each local coordinating organization that is partially based on the community plan and that specifies the respective duties of the local coordinating organization and the department in implementing the community plan and in meeting the requirements specified in this part 1, in part 2 of article 4 of this title 26.5 concerning the Colorado universal preschool program, and in department rule. The coordinator agreements are not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. The term of the initial coordinator agreement for a local coordinating organization is three years, and subsequent coordinator agreements must have terms of at least three but not more than five years, as determined by the department. The coordinator agreement, at a minimum, must include:
      1. Expectations, targets, and benchmarks, in alignment with statewide goals for the provision of early childhood and family support programs and services in Colorado, that the local coordinating organization is expected to meet in implementing the community plan and how the department and the local coordinating organization will measure success in meeting the expectations, targets, and benchmarks;
      2. If the local coordinating organization is a preschool provider, expectations that the local coordinating organization must meet in ensuring the availability of a mixed delivery system within the community that supports equitable parent choice and in ensuring that the organization is not unfairly advantaged in allocating funding among preschool providers based on parent choice;
      3. Expectations that the local coordinating organization must meet with regard to coordinating with entities within the community, including the entities specified in section 26.5-2-103 (2)(c);
      4. The amount of administrative costs that the local coordinating organization receives from the department and other identified sources during the term of the coordinator agreement; and
      5. The manner in which the local coordinating organization will provide accountability and transparency concerning the amount and payment of administrative expenses and, if the local coordinating organization is distributing or administering public money, the distribution and use of the public money.
   3. Review and approve the community plan created by each local coordinating organization, including revisions of the community plan, as provided in section 26.5-2-104 (1). Before approving a community plan, the department may return the plan to the local coordinating organization with changes to ensure the community plan is feasible, meets the requirements specified in section 26.5-2-104 (1), and is aligned with the statewide goals for the provision of early childhood and family support programs and services in Colorado.
   4. Distribute and administer public funding for early childhood and family support programs and services in accordance with community plans and in coordination with local and tribal agencies, when applicable; except that the department may delegate all or a portion of the responsibility for distributing and administering public funding to a local coordinating organization through the organization's coordinator agreement;
   5. Support local coordinating organizations by providing funding, training and technical assistance, which may be provided online, and, upon request, collaborative support and assistance in implementing the community plans. The department shall prioritize communities, including rural communities, that lack funding and capacity to receive the funding and supports described in this subsection (1)(e).
   6. Review the operations of each local coordinating organization, including the local coordinating organization's compliance with the coordinator agreement and implementation of the community plan, as provided in subsection (3) of this section; and
   7. Identify successful strategies and innovations implemented by local coordinating organizations throughout the state and provide information, including by posting information on the department website, to assist local coordinating organizations in replicating and adapting the strategies and innovations in their communities.
2. Notwithstanding the requirements imposed on local coordinating organizations pursuant to section 26.5-2-104 (2), if necessary to enable an organization to develop its capacity to serve as a local coordinating organization, the department may specify in the organization's coordinator agreement the degree to which the organization must meet the requirements specified in section 26.5-2-104 (2), with the expectation that the organization must fully meet the requirements within a reasonable time, as determined by the department.
3. 1. The department shall implement a review process established in department rule by which the department at least annually reviews the performance of each local coordinating organization in serving its community, including implementing the approved community plan; fulfilling the duties specified in section 26.5-2-104, including providing a mixed delivery system of preschool providers; and complying with the coordinator agreement. In implementing the review process, the department shall, at a minimum:
      1. Collaborate with the local coordinating organization to establish in the coordinator agreement expectations, targets, and benchmarks for implementing the approved community plan to ensure the plan is implemented with fidelity and the local coordinating organization is making progress toward achieving the statewide goals for the provision of early childhood and family support programs and services set by the department;
      2. Measure the local coordinating organization's attainment of the expectations, targets, and benchmarks and recommend improvements and changes, including revisions to the community plan, as appropriate, to assist the local coordinating organization in improving performance;
      3. Ensure that the local coordinating organization is complying with the requirements specified in the coordinator agreement and with statutory and regulatory requirements and department guidelines, including requirements and guidelines concerning distribution and administration of funding, if the local coordinating organization is responsible for distributing and administering funding, and data collection and sharing, in implementing the approved community plan and overseeing and coordinating early childhood and family support programs within the community; and
      4. Solicit input from families, providers, members of the early childhood workforce, local and tribal agencies, local governments, the entities specified in section 26.5-2-103 (2)(c), and other interested persons within the community concerning the performance of the local coordinating organization.
   2. If the department at any time determines that the local coordinating organization is not meeting the requirements of the coordinator agreement or is not performing at the level required to successfully implement the community plan and to ensure that the community substantially meets local and statewide goals for the provision of early childhood and family support programs and services, the department may terminate the local coordinating organization's coordinator agreement and implement the application process for selecting a new local coordinating organization for the community as provided in section 26.5-2-103.
   3. The department and a local coordinating organization may, at any time, amend the coordinator agreement or the community plan to change the role of the local coordinating organization or other aspects of the oversight of early childhood and family support programs and services within the community.
4. 1. For any area within the state for which a local coordinating organization is not selected or for which the local coordinating organization is not fully capable of implementing all aspects of the community plan, the department shall work with the local coordinating organization, if any, and the families, providers, local governments, and local and tribal agencies in the area, as necessary, to oversee and coordinate the availability and provision of early childhood and family support programs and services within the area until such time as a local coordinating organization is selected or is deemed capable of implementing all aspects of the community plan. At a minimum, the department shall:
      1. Assist families in applying for early childhood and family support programs and services and in enrolling children with early care and education providers;
      2. Ensure, to the extent practicable, that an equitable mixed delivery system of preschool providers is available within the area, which may include contracting with providers for the delivery of preschool services;
      3. Combine and coordinate child care resources and funding, in coordination with local and tribal agencies, in order to create a full day of services for as many children as possible; and
      4. Allocate, distribute, and administer state funding and coordinate with local and tribal agencies and local governments to allocate, combine, and distribute local funding for early childhood and family support programs and services within the area.
   2. The department may enter into an agreement with the local coordinating organization for another community to assist in fulfilling the duties described in subsection (4)(a) of this section.
   3. In an area identified pursuant to subsection (4)(a) of this section, the department shall provide training, assistance, and funding to entities in the area, which may include local and tribal agencies, local governments, and nonprofit organizations, to develop the capacity for one or more of the entities to serve as the local coordinating organization for the area. As soon as practicable, the department shall solicit applications as provided in section 26.5-2-103 for an entity to serve as the local coordinating organization for the area.
5. The executive director shall establish by rule a process by which an applying entity that is not selected to act as a local coordinating organization, or a local coordinating organization for which the coordinating agreement is terminated, may appeal the decision of the department.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 590, § 3, effective April 25.

26.5-2-201. Legislative declaration.

1. The general assembly finds and declares that there is a critical need to increase services for young children and their families, including those families with members who are entering the workforce due to Colorado's reform of the welfare system, making the transition off of welfare, or needing child care assistance to avoid the welfare system. The statewide need includes increasing and sustaining the quality, accessibility, capacity, and affordability of services for children and their parents to help parents raise their children to be successful at school, at work, and in the community.
2. Research demonstrates that there are positive outcomes for young children and their families who receive quality, integrated child care and related services in their early, preschool years, delivered through a comprehensive early childhood system that includes quality care and education, family support, health, and mental health programs.
3. Providers of half-day preschool and full-day child care services have to overcome barriers and inflexible requirements of the various sources of funding in order to design and implement programs that are more responsive to the needs of working families.
4. Consideration of various state and federal funding sources would allow for an integrated delivery system of quality programs for young children and their families in Colorado's communities.
5. An integrated delivery system would further enhance the ability of the department to identify the best practices relative to increasing and sustaining quality and to meeting the diverse needs of families seeking child care and other early childhood services.
6. Distinctly local needs and conditions require that the state design and integrate a system that has the flexibility to adapt to those local needs.
7. It is therefore in the state's best interest to establish a comprehensive system of early childhood councils to increase and sustain the availability, accessibility, capacity, and quality of early childhood services throughout the state, as provided in this part 2.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 594, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-101 as it existed prior to 2022.

26.5-2-202. Definitions.

As used in this part 2, unless the context otherwise requires:

1. "Council" or "early childhood council" means an early childhood council identified or established locally in communities throughout the state pursuant to section 26.5-2-203 or 26.5-5-102 for the purpose of developing and ultimately implementing a comprehensive system of early childhood services to ensure the school readiness of children five years of age or younger in the community.
2. "County department" means the county or district department of human or social services.
3. "Early childhood education program" means a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that provides child care and education to children five years of age or younger.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 595, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-101.5 as it existed prior to 2022.

26.5-2-203. Early childhood councils - established - rules.

1. There is established a statewide integrated system of early childhood councils to improve and sustain the availability, accessibility, capacity, and quality of early childhood services for children and families throughout the state. The councils have consistent function and structure statewide and are governed by the department with input, cooperation, and support services from the departments of human services, education, and public health and environment.
2. The statewide system of early childhood councils consists of existing early childhood councils, renamed through this part 2 as "early childhood councils", and new councils designated and convened pursuant to this part 2, subject to available appropriations.
3. For new councils or for existing councils or partnerships that decide to reconfigure pursuant to this part 2, the board or boards of county commissioners shall designate a convening entity, which may include but is not limited to a local resource and referral agency, a county department of human services or social services, a local school district, a department of public health, or, prior to July 1, 2023, a Colorado preschool program council. The convening entity may convene a council either as part of a single county or as part of a multi-county regional network.
4. The executive director shall determine by rule the criteria necessary for establishing a single council for an area.
5. Nothing in this part 2 requires an existing council to reconfigure or reconvene.
6. Nothing in this part 2 requires a county to establish an early childhood council or to be a part of a multi-county council.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 595, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-103 as it existed prior to 2022.

26.5-2-204. Early childhood councils - applications - rules.

1. A newly established or newly identified council shall submit to the department an application to become part of the statewide system of early childhood councils. The department shall develop and distribute the application form and criteria and an explanation of the process for joining the statewide system of early childhood councils. The department shall provide support for the preparation of applications.
2. A new council shall designate on its application the following information:
   1. The intended service area;
   2. The counties to be involved in the council;
   3. Participating mandatory stakeholders;
   4. The entity that serves as the original fiscal agent for the council; and
   5. The signatures of the chair or chairs of the board or boards of county commissioners for the counties involved in the council, the legal signatory for the counties, and the president of a school district board of education involved in the council.
3. An existing early childhood council seeking to be newly identified as a council shall designate on its application a restatement of the following information:
   1. The designated service area;
   2. Current members;
   3. Any additional stakeholders required to meet the membership requirements of section 26.5-2-205;
   4. The designated fiscal agent; and
   5. Signatures of the current organization leadership, the fiscal agent, the chair or chairs of the board or boards of county commissioners of the counties involved in the council, and the president of a school district board of education involved in the council.
4. Each council shall develop a strategic plan based upon an assessment of the early childhood needs in the designated service area that includes:
   1. A council infrastructure, including a plan for hiring a council director;
   2. A technical assistance plan and an annual budget for developing a local early childhood system and infrastructure to improve and coordinate early childhood services; and
   3. A plan for evaluating program performance and council process and effectiveness as it relates to the council's strategic plan.
5. The executive director shall promulgate rules to define the standards for acceptance of applications made pursuant to this section. Acceptance of an application is automatic if the application is complete, the signatures are in order, and it meets the standards set forth by the executive director pursuant to this subsection (5).

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 596, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-103.3 as it existed prior to 2022.

26.5-2-205. Early childhood councils - membership.

1. To the extent practicable, each council must be representative of the various public and private stakeholders in the local community who are committed to supporting the well-being of children five years of age or younger.
2. For the purposes of this part 2, each council, whether newly established in a community or newly identified to serve as a council, shall work toward consolidating and coordinating funding, including the school-readiness quality improvement funding described in section 26.5-5-102. Together, the councils throughout the state shall serve to create a seamless system of early childhood services representing collaboration among the various public and private stakeholders for the effective delivery of early childhood services to children five years of age or younger in a manner that is responsive to local needs and conditions.
3. 1. Each new council consists of members to be approved initially by the convening entity as designated pursuant to section 26.5-2-203. Each individual council shall determine subsequent appointments and rules for rotation of terms.
   2. Early childhood council membership must include representatives from the public and private stakeholders from early care and education, family support, health, and mental health programs who reflect local needs and cultural diversity. The membership of each early childhood council must also represent the geographic diversity within the county or counties involved in the council. Each council must include a minimum of ten members with representation from each of the following stakeholder groups within the council's service area:
      1. Local government, including but not limited to county commissioners, city council members, local school district board members, and local county departments of human or social services;
      2. Early care and education, including but not limited to licensed and legally exempt child care providers, head start grantees, and district preschool programs operating pursuant to article 28 of title 22, as it exists prior to July 1, 2023;
      3. Health care, including but not limited to local public health agencies; health-care providers; supplemental food programs for women, infants, and children as provided for in 42 U.S.C. sec. 1786; early periodic screening and diagnosis and treatment programs as required by federal law; and part B and part C of the federal "Individuals with Disabilities Education Improvement Act of 2004", 20 U.S.C. sec. 1400 et seq., as amended;
      4. Parents of children five years of age or younger;
      5. Mental health care, including but not limited to community mental health centers and local mental health-care providers;
      6. Resource and referral agencies, including but not limited to child care resource and referral agencies; and
      7. Family support and parent education, including but not limited to home visitation programs, family resource centers, and income assistance programs.
   3. In addition, each council may include, but is not limited to, representation from any combination of the following stakeholder groups within the council's service area:
      1. Child care associations;
      2. Medical and dental professionals;
      3. School district parent organizations;
      4. Head start policy councils;
      5. A chamber or chambers of commerce;
      6. Local businesses;
      7. Faith-based and nonprofit organizations;
      8. Higher education institutions; and
      9. Libraries.
4. Each member of a council shall sign a memorandum of understanding on behalf of the organization the member represents to participate in and collaborate on the work of the council.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 597, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-103.5 as it existed prior to 2022.

26.5-2-206. Early childhood councils - duties.

1. Each early childhood council has, at a minimum, the following duties and functions:
   1. To apply for early childhood funding pursuant to section 26.5-2-207;
   2. To increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for children five years of age or younger and their parents. To this end, each council shall develop and execute strategic plans to respond to local needs and conditions.
   3. To establish a local system of accountability to measure local progress based on the needs and goals set for program performance;
   4. To report annually the results of the accountability measurements defined in subsection (1)(c) of this section;
   5. To select a fiscal agent to disburse funds and serve as the employer of the council director, once hired. The fiscal agent may or may not be a county.
   6. To develop and implement a strategic plan as described in section 26.5-2-204 (4), including a comprehensive evaluation and report; and
   7. To actively attempt to inform and include small or under-represented early childhood service providers in early childhood council activities and functions.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 599, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-103.7 as it existed prior to 2022.

26.5-2-207. Early childhood councils - waivers - rules - funding - application.

1. A local council may request a waiver of any rule that would prevent a council from implementing council projects. The local council shall submit the request to the early childhood leadership commission created in part 3 of article 1 of this title 26.5. The early childhood leadership commission shall consult with the affected state agency in reviewing the request. The department or other affected state agency shall grant waivers upon recommendation by the commission.
2. 1. The executive director shall promulgate rules to develop and distribute to councils the application form and application process to be used by each council seeking to receive council infrastructure, quality improvement, technical assistance, and evaluation funding from the early childhood cash fund created in section 26.5-2-209 and other funding sources appropriated for early childhood services.
   2. The department shall, upon receipt, review applications for early childhood funding from the early childhood cash fund established in section 26.5-2-209 and other funding sources appropriated for early childhood services.
   3. The department is authorized to enter into a sole-source contract with any council to increase and sustain the quality, accessibility, capacity, and affordability of early childhood services for young children and their parents.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 599, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-104 as it existed prior to 2022.

26.5-2-208. Evaluation.

1. No later than March 1, 2010, the department shall, through a request for proposals process, contract with a qualified individual or entity to prepare an independent evaluation of the system of early childhood councils to determine the effectiveness of the system in serving children and families throughout the state. The evaluation must be completed no later than October 1, 2010, and must be repeated every three years thereafter.
2. The evaluation must include the following:
   1. An aggregate evaluation of local evaluation plan data as integrated and analyzed by the department, including an evaluation of the overall program performance and council process and effectiveness;
   2. An evaluation of state program performance, including the efficiency and effectiveness of the department in meeting the needs of the councils;
   3. An evaluation of the feasibility of combining the funding sources available pursuant to this part 2;
   4. An evaluation of the barriers to delivery of quality early childhood services; and
   5. An evaluation of the impact of waivers issued pursuant to section 26.5-2-207.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 600, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-108 as it existed prior to 2022.

26.5-2-209. Early childhood cash fund - creation.

1. There is created in the state treasury the early childhood cash fund, referred to in this part 2 as the "fund", that consists of such money as may be appropriated to the fund by the general assembly and credited to the fund pursuant to subsection (2) of this section. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this part 2.
2. The department is authorized to seek and accept gifts, grants, or donations from private and public sources for the purposes of this part 2. All private and public money received through gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the fund. The money in the fund is subject to annual appropriation by the general assembly to the department for the direct and indirect costs associated with the implementation of this part 2.
3. Any money in the fund not expended for the purposes of this part 2 may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund must be credited to the fund.
4. The department may expend up to, but not exceeding, five percent of the money annually appropriated from the fund to offset the costs incurred in implementing this part 2.
5. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 600, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-109 as it existed prior to 2022.

26.5-3-101. Legislative declaration.

1. The general assembly declares that Colorado needs healthy and cohesive families at all income levels in order for the state to be economically viable. A number of families in communities throughout Colorado temporarily may not have access to the basic necessities of life or to resources or services designed to promote individual development and family growth.
2. The general assembly further declares that many of Colorado's vulnerable families, individuals, children, and youth do not necessarily live in at-risk neighborhoods. These persons may not have appropriate resources or sufficient income for adequate housing, health care, or child care because the primary wage earners are unemployed or underemployed or work at jobs that pay minimum wage or less. Further, many of these persons not only live in poverty but also experience divorce or domestic violence or are single parents. Children and youth who are raised in vulnerable families experience an increased risk of being abused, being illiterate, being undereducated, dropping out of school, becoming teen parents, abusing drugs, and engaging in at-risk behaviors, including but not limited to criminal activities. These children and youth are often influenced by and likely to repeat behaviors that began with their parents.
3. Therefore, the general assembly finds that it is appropriate to establish a program to provide family resource centers in communities to serve as a single point of entry for providing comprehensive, intensive, integrated, and collaborative state and community-based services to vulnerable families, individuals, children, and youth.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 601, § 3, effective July 1.

Editor's note: This section is similar to former § 26-18-101 as it existed prior to 2022.

26.5-3-102. Definitions.

As used in this part 1, unless the context otherwise requires:

1. "At-risk neighborhood" means an urban or rural neighborhood or community in which there are incidences of poverty, unemployment and underemployment, substance abuse, crime, school dropouts, illiteracy, teen pregnancies and teen parents, domestic violence, or other conditions that put families at risk.
2. "Case management" means the process through which a family advocate for the family resource center assesses a family's need for services as provided in section 26.5-3-103 (2).
3. "Community applicant" means a local entity that is interested and willing to commit private and public resources to establish a family resource center and that applies for a family resource center grant pursuant to section 26.5-3-104. "Community applicant" includes, but is not limited to, a state or local governmental agency or governing body, a local private nonprofit agency, a local board of education on a cost-shared basis, a local recreational center, or a local child care agency.
4. "Family resource center" means a unified single point of entry where vulnerable families, individuals, children, and youth in communities or within at-risk neighborhoods or participants in Colorado works, pursuant to part 7 of article 2 of title 26, can obtain information, assessment of needs, and referral for delivery of family services described in section 26.5-3-103 (2) and for which a grant is awarded to a community applicant pursuant to section 26.5-3-104.
5. "Family support and parent education" means a program or service that promotes a family's positive and meaningful engagement in its children's lives by providing an experiential and supportive adult learning environment through which a primary caregiver can learn how to create a safe, stable, and supportive family unit.
6. "Local advisory council" means the body that oversees the operation of the family resource center as described in section 26.5-3-104 (1)(b).

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 601, § 3, effective July 1.

Editor's note: This section is similar to former § 26-18-102 as it existed prior to 2022.

26.5-3-103. Program created - repeal.

1. 1. There is established in the department a family resource center program. The purposes of the program are to provide grants to community applicants for the creation of family resource centers or to provide grants to family resource centers for the continued operation of the centers through which services for vulnerable families, individuals, children, and youth who live in communities or in at-risk neighborhoods are accessible and coordinated through a single point of entry.
   2. The department shall operate the family resource center program in accordance with the provisions of this part 1. In addition, the department may establish any other procedures necessary to implement the program, including establishing the procedure for submitting grant applications by community applicants seeking to establish a family resource center or by a family resource center applying for a grant for continued operation of a family resource center.
   3. 1. The family resource center program may receive direct appropriations from the state general fund.
      2. Any money family resource centers receive pursuant to the temporary assistance for needy families block grant or from the family issues cash fund created in section 26-5.3-106 must be from funds directly disbursed by a county at the discretion of the county.
      3. The department may accept and expend any grants from any public or private source for the purpose of making grants to community applicants for the establishment or continued operation of family resource centers and for the purpose of evaluating the effectiveness of the family resource center program. This part 1 does not prohibit a family resource center from accepting and expending funds received through an authorized contract, grants, or donations from public or private sources.
2. 1. Services that a family resource center provides must be coordinated, and services should reflect the needs of the community and the resources available to support such programs and services. Services may be delivered directly to a family at the center by center staff or by providers who contract with or have provider agreements with the center. Any family resource center that provides direct services shall comply with applicable state and federal laws and regulations regarding the delivery of such services, unless required waivers or exemptions have been granted by the appropriate governing body.
   2. Each family resource center shall provide case management by a family advocate who screens and assesses a family's needs and strengths. The family advocate shall then assist the family with setting its own goals and, together with the family, develop a written plan to pursue the family's goals in working toward a greater level of self-reliance or in attaining self-sufficiency. The plan must provide for the following:
      1. A negotiated agreement that includes reciprocal responsibilities of the individual or family members and the personnel of each human service agency providing services to the family;
      2. A commitment of resources as available and necessary to meet the family's plan;
      3. The delivery of applicable services to the individual or family, if feasible, or referral to an appropriate service provider;
      4. The coordination of services;
      5. The monitoring of the progress of the family toward greater self-reliance or self-sufficiency and an evaluation of services provided; and
      6. Assistance to the individual or family in applying for the children's basic health plan, medical assistance benefits, or other benefits.
   3. In addition to services required by subsection (2)(b) of this section, the family resource center may provide for the direct delivery of or referral to a provider of the following six services:
      1. Early childhood care and education, including programs that contribute to school readiness;
      2. Family support and parent education;
      3. Well-child checkups and basic health services;
      4. Early intervention for identifying infants, toddlers, and preschoolers who are developmentally disabled in order to provide necessary services to such children;
      5. Before and after school care; and
      6. Programs for children and youth.
   4. A family resource center may also provide services, including, but not limited to, the following:
      1. Additional educational programs, such as mentoring programs for students in elementary, junior, and senior high schools; adult education and family literacy programs; and educational programs that link families with local schools and alternative educational programs, including links with boards of cooperative services;
      2. Job skills training and self-sufficiency programs for adults and youth;
      3. Social, health, mental health, and child welfare services and housing, homeless, food and nutrition, domestic violence support, recreation, and substance abuse services;
      4. Outreach, education, and support programs, including programs aimed at preventing teen pregnancies and school dropouts and programs providing parent support and advocacy; and
      5. Transportation services to obtain other services provided pursuant to this subsection (2).

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 602, § 3, effective July 1.

Editor's note: This section is similar to former § 26-18-104 as it existed prior to 2022.

26.5-3-104. Selection of centers - grants.

1. The department may award a grant for the purpose of establishing a family resource center based on a plan submitted to the department by the applicant or for the continued operation of a family resource center. The plan must meet specific criteria that the department is authorized to set, but the criteria must include at least the following provisions:
   1. Members of the community participate in the development and implementation of the family resource center;
   2. The center is governed by a local advisory council comprised of community representatives such as:
      1. Families living in the community;
      2. Local public or private service provider agencies;
      3. Local job skills training programs, if any;
      4. Local governing bodies;
      5. Local businesses serving families in the community; and
      6. Local professionals serving families in the community;
   3. The advisory council establishes rules concerning the operation of the family resource center, including provisions for staffing;
   4. Services the family resource center provides are coordinated and tailored to the specific needs of individuals and families who live in the community;
   5. The family resource center:
      1. Promotes and supports, and does not supplant, successful individual and family functioning and increases the recognition of the importance of successful individuals and families in the community;
      2. Contributes to the strength of family ties;
      3. Establishes programs that focus on the needs of family members, such as preschool programs, family preservation programs, and teenage pregnancy prevention programs, and assists the individual or family in moving toward greater self-sufficiency;
      4. Recognizes the diversity of families within the community;
      5. Supports family stability and unity;
      6. Treats families as partners in providing services;
      7. Encourages intergovernmental cooperation and a community-based alliance between government and the private sector. This cooperation may include, but need not be limited to, the pooling of public and private funds available to state agencies upon appropriation or transfer by the general assembly.
      8. Provides programs that reduce institutional barriers related to categorical funding and eligibility requirements;
      9. Makes information regarding available resources and services readily accessible to individuals and families; and
      10. Coordinates efforts of public and private entities to connect families to services and supports that encourage the development of early childhood and other family support systems; and
   6. The family resource center coordinates the provision of services and pools the resources of providers of services to aid in funding and operating the center.
2. If the department determines, from any report submitted by a local advisory council or any other source, that the operation of a family resource center is not in compliance with this part 1 or any rule adopted pursuant to the provisions of this part 1, the department may impose sanctions, including termination of the grant.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 604, § 3, effective July 1.

Editor's note: This section is similar to former § 26-18-105 as it existed prior to 2022.

26.5-3-201. Short title.

The short title of this part 2 is the "Colorado Child Abuse Prevention Trust Fund Act".

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 606, § 3, effective July 1.

Editor's note: This section is similar to former § 19-3.5-101 as it existed prior to 2022.

26.5-3-202. Legislative declaration.

1. The general assembly finds that:
   1. Child abuse and neglect are a threat to the family unit and impose major expenses on society;
   2. There is a need to assist private and public agencies in identifying, planning, and establishing statewide programs for the prevention of child abuse and neglect; and
   3. The types of trauma experienced by children who are under eighteen years of age include childhood emotional, physical, and sexual abuse; emotional and physical neglect; housing insecurity and poverty; and household challenges, including growing up in a household with substance abuse, mental health disorders, violence, or parental incarceration. Adverse childhood experiences such as these have been shown to have a lifelong impact on health, behavior, and age of mortality.
2. It is the purpose of this part 2 to promote primary and secondary prevention programs that are designed to prevent child trauma and maltreatment before it occurs, lessen the occurrence of child abuse and neglect, and mitigate the impacts of adverse childhood experiences to reduce the need for state intervention through child welfare actions and economic support for families experiencing poverty.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 606, § 3, effective July 1.

Editor's note: This section is similar to former § 19-3.5-102 as it existed prior to 2022.

26.5-3-203. Definitions.

As used in this part 2, unless the context otherwise requires:

1. "Board" means the Colorado child abuse prevention board created in section 26.5-3-204.
2. "Child" means a person under eighteen years of age.
3. "Child abuse" has the meaning as provided for the term "abuse" in section 19-1-103 (1).
4. "Prevention program" means a program of direct child abuse prevention services for a child, parent, or guardian and includes research or education programs related to the prevention of child abuse. Such a prevention program may be classified as a primary prevention program when it is available to the community on a voluntary basis and as a secondary prevention program when it is directed toward groups of individuals who have been identified as high risk.
5. "Recipient" means and is limited to a nonprofit or public organization that receives a grant from the trust fund.
6. "Trust fund" means the Colorado child abuse prevention trust fund created in section 26.5-3-206.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 607, § 3, effective July 1.

26.5-3-204. Colorado child abuse prevention board - creation - members - terms - vacancies.

1. The Colorado child abuse prevention board is transferred to the department of early childhood from the department of human services. The board shall exercise its powers and duties as if transferred by a type 2 transfer. Persons appointed to the board continue serving until completion of their terms and may be reappointed as provided in this section.
2. The board consists of nineteen members, with a consideration for geographic diversity, as follows:
   1. One person from the department of human services' division of child welfare, appointed by the executive director of the department of human services;
   2. The executive director of the department of early childhood or the executive director's designee;
   3. The executive director of the department of public health and environment or the executive director's designee;
   4. The commissioner of education or the commissioner's designee;
   5. Three persons appointed by the governor and confirmed by the senate who are knowledgeable in the area of child abuse prevention and represent some of the following areas: Law enforcement, medicine, law, business, public policy, mental health, intimate partner violence, early childhood education, elementary and secondary education, reducing poverty and helping families gain economic stability, the connection between housing instability and trauma, higher education, research and program evaluation, and social work. In making appointments to the board, the governor is encouraged to include representation by at least one member who is a person with a disability, as defined in section 24-34-301 (2.5), a family member of a person with a disability, or a member of an advocacy group for persons with disabilities, so long as the other requirements of this subsection (2)(e) are met.
   6. The executive director of the department of health care policy and financing or the executive director's designee;
   7. The executive director of the department of local affairs or the executive director's designee;
   8. The child protection ombudsman, as appointed pursuant to section 19-3.3-102;
   9. Four appointees who represent county leadership, as either a county commissioner or a director of public health or of human or social services, as designated by statewide organizations representing county commissioners, human services directors, and public health officials, three of whom must have expertise in human services or child welfare practice;
   10. Three members appointed by the executive director of the department. Such appointees must be community members with lived experience that may include childhood history of adverse childhood experiences or experience participating in prevention, parenting, or family strengthening programs. One of the three appointees must be a parent.
   11. One member who is a member of the senate and who is appointed by the president of the senate and one member who is a member of the house of representatives and who is appointed by the speaker of the house of representatives.
3. 1. Each appointed member of the board serves a term of three years.
   2. The original appointing entity shall fill a vacancy on the board for the balance of the board member's unexpired term.
   3. A board member, whether original or otherwise, may not serve more than two consecutive terms.
4. The board shall meet regularly and adopt its own rules of procedure.
5. Except as provided in section 2-2-326, members serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 607, § 3, effective July 1.

Editor's note: This section is similar to former § 19-3.5-103 as it existed prior to 2022.

26.5-3-205. Powers and duties of the board.

1. The board has the following powers and duties:
   1. To advise and make recommendations to the governor, state agencies, and other relevant entities concerning the implementation of and future revisions to any state plan developed to prevent child maltreatment;
   2. To develop strategies and monitor efforts to achieve:
      1. Increases in child well-being and achievement;
      2. Increases in caregiver well-being and achievement;
      3. Increases in consistent high-quality caregiving;
      4. Increases in safe, supportive neighborhoods and communities; and
      5. Decreases in the incidence of child maltreatment and child maltreatment fatalities;
   3. To assist public and private agencies in coordinating efforts on behalf of families, including securing funding and additional investments for services and programs, and improving access to these services for children and their families;
   4. To provide for the coordination and exchange of information concerning the establishment and maintenance of primary and secondary prevention programs and to facilitate the exchange of information between groups concerned with child maltreatment;
   5. 1. To identify opportunities for, and barriers to, the alignment of standards, rules, policies, and procedures across programs and agencies that support families. The board shall submit recommendations developed pursuant to this subsection (1)(e)(I) to the department, which shall then include such recommendations as part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" in January 2022.
      2. The board shall also provide ongoing recommendations on changes to enhance the alignment and provision of services and supports for families to prevent child trauma and maltreatment to appropriate government and nonprofit agencies and policy boards.
   6. To collaborate with other relevant boards, commissions, and councils that exist within the executive branch to address services and supports for families;
   7. To promote academic research on the efficacy and cost-effectiveness of child maltreatment prevention initiatives;
   8. To distribute money and make grant awards from the Colorado child abuse prevention trust fund, created in section 26.5-3-206, in accordance with section 26.5-3-207 and for:
      1. The establishment, promotion, and maintenance of primary and secondary child maltreatment prevention programs, including pilot programs or services identified in the federal Title IV-E prevention services clearinghouse and programs that are under evaluation for purposes of petitioning the federal government for inclusion in the federal Title IV-E prevention services clearinghouse;
      2. Programs to prevent child sexual abuse;
      3. Programs to reduce the occurrence of prenatal substance exposure;
      4. Programs to reduce the occurrence of other adverse childhood experiences;
      5. Programs to reduce poverty or help families get out of poverty;
      6. Programs to create housing stability; and
      7. Operational expenses of the board, including allowable expenses pursuant to section 26.5-3-204 (5);
   9. To monitor and promote the interaction and seamless partnership between the office within the department of human services that is responsible for children, youth, and families and the department in administering family strengthening programs;
   10. To accept grants from the federal government, as well as to solicit and accept contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations; and
   11. To exercise or perform any other powers or duties consistent with the purposes for which the board was created and that are reasonably necessary for the fulfillment of the board's responsibilities as set forth in this section.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 609, § 3, effective July 1.

Editor's note: This section is similar to former § 19-3.5-104 as it existed prior to 2022.

26.5-3-206. Colorado child abuse prevention trust fund - creation - source of funds.

1. There is created in the state treasury the Colorado child abuse prevention trust fund. The board shall administer the trust fund, which consists of:
   1. Money transferred into the trust fund in accordance with section 13-32-101 (5)(a)(I);
   2. Money collected by the board pursuant to section 26.5-3-205 (1)(j) from federal grants and other contributions, grants, gifts, bequests, and donations. Such money must be transmitted to the state treasurer, who shall credit the money to the trust fund;
   3. Any money appropriated to the trust fund by the state; and
   4. Reimbursement money received for prevention services and programs identified in the federal Title IV-E prevention services clearinghouse pursuant to the federal "Family First Prevention Services Act of 2018". Beginning July 1, 2021, the department shall transmit federal Title IV-E reimbursements for prevention services to the state treasurer, who shall credit the reimbursements to the trust fund.
2. The board shall claim federal Title IV-E reimbursement for the trust fund for all eligible grants for prevention services on the federal Title IV-E prevention services clearinghouse.
3. Money in the trust fund is subject to annual appropriation by the general assembly. Any money remaining in the trust fund must not be transferred to or revert to the general fund of the state at the end of any fiscal year. Any interest earned on the investment or deposit of money in the trust fund must also remain in the fund and must not be credited to the general fund of the state.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 610, § 3, effective July 1.

Editor's note: This section is similar to former § 19-3.5-105 as it existed prior to 2022.

26.5-3-207. Disbursement of grants from the trust fund - restrictions.

1. Grants may be awarded to provide money for the start-up, continuance, or expansion of primary or secondary prevention programs, including pilot programs and educational programs for professionals and the public, and to study and evaluate primary and secondary prevention programs. In addition, grants may be awarded for programs to prevent and reduce the occurrence of prenatal substance exposure and an evidence-based or research-based child sexual abuse prevention training model to prevent and reduce the occurrence of child sexual abuse.
2. The distribution of money credited to the trust fund by reimbursement for prevention services and programs identified in the federal Title IV-E prevention services clearinghouse must fund programs and services that align with the state's prevention strategy, pursuant to the federal "Family First Prevention Services Act of 2018", including consideration of variable needs and resources across the state and data-driven approaches, and be informed by the department in consultation with county departments of human or social services and other entities that deliver the eligible services or programs. Eligible services or programs may include those under evaluation for the purposes of petitioning the federal government for inclusion in the federal Title IV-E prevention services clearinghouse; except that, if the service or program at the time of federal review is rated to not meet criteria for inclusion in the federal Title IV-E prevention services clearinghouse, money credited to the trust fund by reimbursement for prevention services must not be allocated for that purpose in the next fiscal year, unless there is an evaluation of the service or program already underway that will build substantial new evidence that has the potential to change the service or program rating, or the service or program has been submitted to the federal clearinghouse for re-review.
3. The board has discretion to oversee the disbursement of money from the trust fund to ensure its appropriate use and make recommendations for the total grant amount to be awarded each year.
4. The board shall not authorize any grant awards pursuant to subsection (1) of this section for political, election, or lobbying purposes.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 611, § 3, effective July 1.

Editor's note: This section is similar to former § 19-3.5-106 as it existed prior to 2022.

26.5-3-208. Report - repeal of part.

1. The department shall contract for an independent evaluation of the trust fund, including administrative costs of operating the trust fund and the cost-effectiveness and the impact of the grants on reducing and preventing child abuse. The department shall provide a report of the evaluation to the house of representatives and senate health and human services committees, or any successor committees, on or before November 1, 2026.
2. This part 2 is repealed, effective July 1, 2027.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 612, § 3, effective July 1.

Editor's note: This section is similar to former § 19-3.5-107 as it existed prior to 2022.

26.5-3-301. Definitions.

As used in this part 3, unless the context otherwise requires:

1. "Facility" means an agency meeting the standards described in section 27-81-106 (1) and approved pursuant to section 27-81-106.
2. "Pilot program" means the child care services and substance use disorder treatment pilot program created in this part 3.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 612, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.9-101 as it existed prior to 2022.

26.5-3-302. Child care services and substance use disorder treatment pilot program - created - purposes - eligibility - evaluation - funding - rules.

1. 1. There is created in the department the child care services and substance use disorder treatment pilot program. The department shall administer the pilot program as a two-generation initiative. The purpose of the pilot program is to:
      1. Provide grants to enhance the existing child care resource and referral programs to provide increased child care navigation capacity in one rural pilot program site and one urban pilot program site to serve pregnant and parenting women seeking or participating in substance use disorder treatment; and
      2. Provide a grant to enhance the capacity of the existing child care resource and referral program's centralized call center to serve pregnant and parenting women seeking or participating in substance use disorder treatment; and
      3. Provide implementation grants to pilot a regional mobile child care model that is licensed in compliance with part 3 of article 5 of this title 26.5 or as defined in section 26.5-5-303 and that serves children under five years of age in at least three facilities that provide substance use disorder treatment to parenting women. Applicants for mobile child care pilot grants must demonstrate a commitment of sources of private money for mobile child care to ensure that the mobile child care pilot model is an initiative of a public-private partnership. The mobile child care pilot model may be expanded to serve additional ages or additional regions using gifts, grants, or donations from private or public sources that the department may seek, accept, and expend.
   2. The department shall ensure that there is adequate training, cross-training, technical assistance, data collection, and evaluation for grants awarded pursuant to subsections (1)(a)(I), (1)(a)(II), and (1)(a)(III) of this section.
2. The department shall determine the eligibility and selection criteria for pilot program grants. The department may promulgate rules, as necessary, to implement the pilot program.
3. 1. A pilot program grantee may use the grant money for improved technology, supplies, and materials to implement the pilot program; to hire staff for pilot program oversight and implementation; and for pilot program evaluation.
   2. On or before June 30, 2023, the department shall provide to the health and insurance and public health care and human services committees of the house of representatives and the health and human services committee of the senate, or any successor committees, any completed pilot program evaluations pursuant to subsection (3)(a) of this section, as well as a summary of the pilot program, including grants awarded and the outcome of the grants.
4. 1. The department may use a portion of any money appropriated for the pilot program to pay the direct and indirect costs incurred to administer the pilot program, not to exceed ten percent of the appropriation.
   2. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 3. The department shall transmit all money received for the pilot program through gifts, grants, or donations to the state treasurer.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 612, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.9-102 as it existed prior to 2022.

26.5-3-303. Repeal of part.

This part 3 is repealed, effective July 1, 2028.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 613, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.9-103 as it existed prior to 2022.

26.5-3-401. Legislative declaration.

1. The general assembly finds that:
   1. There is an urgent and substantial need to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child's first three years of life;
   2. The longer a child's developmental delays are not addressed, the more developmental difficulties the child will experience in the future, the less prepared the child will be for school, the more special education needs the child is likely to have, and the more costly those problems will be to address;
   3. The capacity of families to meet the special needs of their infants and toddlers with disabilities needs to be supported and enhanced;
   4. Colorado's system for providing early intervention services to eligible infants and toddlers from birth through two years of age with significant developmental delays and disabilities relies on multiple sources of funding;
   5. The early childhood and school readiness commission, which was the successor of the child care commission, was created in the 2004 legislative session to study, review, and evaluate the development of plans for creating a comprehensive early childhood system;
   6. The early childhood and school readiness commission extensively studied and evaluated issues regarding early intervention services for infants and toddlers who have delays in development and learned that there is no coordinated system of payment for early intervention services, resulting in the provision of disjunctive or interrupted services to eligible children and inadequate reimbursement of early intervention service providers;
   7. The early childhood and school readiness commission was also informed that many eligible children are covered as dependents by their parents' health-care plans, but some of the plans may deny benefits for early intervention services, thereby eliminating a source of private funds for the payment of early intervention services;
   8. Pursuant to part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, there is an urgent and substantial need to facilitate the coordination of payment for early intervention services from federal, state, local, and private sources, including public medical assistance and private insurance coverage;
   9. Existing levels of local, state, federal, and private funding may be more efficiently used, more children may be served, and a higher quality of services may be provided if the existing early intervention system is modified to create a more coherent and coordinated system of payment for early intervention services;
   10. The involvement of a child's primary health-care provider and other health-care providers is an essential component of effective planning for the provision of early intervention services; and
   11. The provision of early intervention services is intended only to meet the developmental needs of an infant or toddler and not to replace other needed medical services that are recommended by the child's primary health-care provider.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 613, § 3, effective July 1.

Editor's note: This section is similar to former § 27-10.5-701 as it existed prior to 2022.

26.5-3-402. Definitions - repeal.

As used in this part 4, unless the context otherwise requires:

1. "Administrative unit" means a school district, a board of cooperative services, a charter school network, a charter school collaborative, or the state charter school institute that is providing educational services to exceptional children and that is responsible for the local administration of the education of exceptional children pursuant to article 20 of title 22.
2. "Carrier" has the same meaning as set forth in section 10-16-102 (8).
3. "Certified early intervention service broker" or "broker" means:
   1. 1. Prior to July 1, 2024, a community-centered board or other entity designated by the department of health care policy and financing pursuant to section 25.5-10-209 to perform the duties and functions specified in section 26.5-3-408 in a particular designated service area. Notwithstanding the provisions of section 27-10.5-104 (4), if the department of health care policy and financing is unable to designate a community-centered board or other entity to serve as the broker for a particular designated service area, the department shall serve as the broker for the designated service area and may contract directly with early intervention service providers to provide early intervention services to eligible children in the designated service area.
      2. This subsection (3)(a) is repealed, effective July 1, 2024.
   2. On and after July 1, 2024, a case management agency or an entity, as those terms are defined in section 25.5-6-1702, that has entered into a contract with the department to perform the duties and functions specified in section 26.5-3-408 in a particular defined service area. Notwithstanding section 27-10.5-104 (4), if there is not a case management agency or an entity and the department is unable to designate an organization to serve as the broker for a particular defined service area, the department shall serve as the broker for the defined service area and may contract directly with early intervention service providers to provide early intervention services to eligible children in the defined service area.
4. "Child find" means the program component of IDEA that requires states to find, identify, locate, evaluate, and serve all children with disabilities, from birth to twenty-one years of age. Child find includes:
   1. Part C child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children from birth through two years of age; and
   2. Part B child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children from three to twenty-one years of age.
5. "Coordinated system of payment" means the policies and procedures developed by the department, in cooperation with the departments of education, health care policy and financing, and public health and environment, and with the division of insurance in the department of regulatory agencies, private health insurance carriers, and certified early intervention service brokers, to ensure that available public and private sources of funds to pay for early intervention services for eligible children are accessed and utilized in an efficient manner.
6. "Defined service area", on and after July 1, 2024, means the geographical area that a community-centered board serves as specified in the contract between the community-centered board and the department.
7. 1. "Designated service area" has the same meaning as set forth in section 25.5-10-202.
   2. This subsection (7) is repealed, effective July 1, 2024.
8. "Early intervention evaluations" means evaluations conducted pursuant to the early intervention program for infants and toddlers under part C of IDEA.
9. "Early intervention services" means services as defined by the department in accordance with part C that are authorized through an eligible child's IFSP and are provided to families at no cost or through the application of a sliding fee schedule. Early intervention services, as specified in an eligible child's IFSP, qualify as meeting the standard for medically necessary services as used by private health insurance and as used by public medical assistance, to the extent allowed pursuant to section 25.5-1-124.
10. "Early intervention state plan" means the state plan for a comprehensive and coordinated system of early intervention services required pursuant to part C.
11. "Eligible child" means an infant or toddler, from birth through two years of age, who, as defined by the department in accordance with part C, has significant delays in development or has a diagnosed physical or mental condition that has a high probability of resulting in significant delays in development or who is eligible for services pursuant to section 27-10.5-102 (11)(c).
12. "Evaluation" means:
    1. For the purposes of part C child find, the procedures used to determine a child's initial and continuing eligibility for part C child find, including but not limited to:
       1. Determining the status of the child in each of the developmental areas;
       2. Identifying the child's unique strengths and needs;
       3. Identifying any early intervention services that might serve the child's needs; and
       4. Identifying priorities and concerns of the family and any resources to which the family has access.
    2. For the purposes of part B child find, the procedures used under IDEA for children with disabilities to determine whether a child has a disability and the nature and extent of special education and related services that the child will need.
13. "IDEA" means the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 300 and also 34 CFR part 303 as it pertains to child find.
14. "Individualized family service plan" or "IFSP" means a written plan developed pursuant to 20 U.S.C. sec. 1436, as amended, and 34 CFR 303.340, or any successor regulation, that authorizes the provision of early intervention services to an eligible child and the child's family. An IFSP serves as the individualized plan, pursuant to section 27-10.5-102 (20)(c), for a child from birth through two years of age.
15. "Infants and toddlers" means children from birth through two years of age.
16. "Multidisciplinary team" means the involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities defined in 34 CFR 303.321, or any successor regulation, and development of the child's IFSP.
17. "Part B" means the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from three to twenty-one years of age.
18. "Part C" means the early intervention program for infants and toddlers who are eligible for services under part C of IDEA.
19. "Private health insurance" means a health coverage plan, as defined in section 10-16-102 (34), that is purchased by individuals or groups to provide, deliver, arrange for, pay for, or reimburse any of the costs of health-care services, as defined in section 10-16-102 (33), provided to a person entitled to receive benefits or services under the health coverage plan.
20. "Public medical assistance" means medical services that are provided by the state through the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the "Children's Basic Health Plan Act", article 8 of title 25.5, or other public medical assistance funding sources to qualifying individuals.
21. "Qualified early intervention service provider" or "qualified provider" means a person or agency, as defined by the department by rule in accordance with part C, who provides early intervention services or early intervention evaluations and is listed on the registry of early intervention service providers pursuant to section 26.5-3-408 (1). In the event of a shortage of qualified early intervention evaluators, the department may contract with an administrative unit to conduct early intervention evaluations if a contract is entered between the department and the administrative unit, including written consent of the director of special education, with conditions for conducting and completing the evaluations, including identification of staff, costs for services, timelines for contract completion, and any other contract elements.
22. "Service coordination" means the activities carried out by a service coordinator to coordinate evaluation and intake activities, assist, and enable an eligible child and the eligible child's family to receive the rights, procedural safeguards, and services that are authorized to be provided under part C.
23. "State interagency coordinating council" means the council that is established pursuant to part C and appointed by the governor to advise and assist the lead agency designated or established under part C.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 614, § 3, effective July 1; (1) amended, (HB 22-1294), ch. 242, p. 1796, § 15, effective August 10.

26.5-3-403. Early intervention services - administration - duties of department - rules - repeal.

1. Subject to annual appropriation from the general assembly, the department shall administer early intervention services and shall coordinate early intervention services with existing services provided to eligible children and their families.
2. The executive director shall promulgate rules as necessary for the implementation of this part 4 and to ensure that all IDEA timelines and requirements are met, including but not limited to administrative remedies if the timelines and requirements are not met.
3. In administering early intervention services, the department shall perform the following duties:
   1. Design early intervention services in a manner consistent with part C;
   2. Develop rules, for promulgation by the executive director, after consultation with the state interagency coordinating council;
   3. Ensure eligibility determination for a child with disabilities from birth through two years of age, based in part on information received concerning the screening and evaluation;
   4. Ensure that an individualized family service plan is developed for infants and toddlers from birth through two years of age who are eligible for early intervention services. The IFSP must be developed in compliance with part C requirements, including the mandatory IFSP meeting at which the family receives information concerning the results of the initial early intervention evaluation. The initial IFSP must be developed in collaboration with a representative from an evaluation provider that participated in the child's evaluation. The representative shall participate in the initial meeting for the development of the child's IFSP.
   5. Allocate money;
   6. 1. 1. Prior to July 1, 2024, coordinate training and provide technical assistance to community-centered boards, service providers, and other constituents who are involved in the delivery of early intervention services to eligible children. (f) (I) (A) Prior to July 1, 2024, coordinate training and provide technical assistance to community-centered boards, service providers, and other constituents who are involved in the delivery of early intervention services to eligible children.
         2. This subsection (3)(f)(I) is repealed, effective July 1, 2024.
      2. On and after July 1, 2024, coordinate training and provide technical assistance to certified early intervention service brokers, service providers, and other constituents who are involved in the delivery of early intervention services to eligible children;
   7. Monitor and evaluate early intervention services provided through this part 4;
   8. Coordinate contracts, expenditures, and billing for early intervention services provided through this part 4; and
   9. On and after July 1, 2024, certify early intervention service brokers within a defined service area.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 618, § 3, effective July 1.

Editor's note: This section is similar to former § 27-10.5-703 as it existed prior to 2022.

26.5-3-404. Child find - responsibilities - interagency operating agreements.

1. The department shall perform the following responsibilities and duties for infants and toddlers who are referred for early intervention services:
   1. Develop and implement, in coordination with certified early intervention service brokers, service agencies, governmental units, and the departments of education, public health and environment, and health care policy and financing, a statewide plan for public education, outreach, and awareness efforts related to child find and the availability of early intervention services;
   2. Ensure that referrals from the community are accepted and families are assisted in connecting with the appropriate agency for intake and case management services, as defined in section 25.5-10-202;
   3. Facilitate the implementation of early intervention evaluations that are the responsibility of the department pursuant to this part 4 and implement an effective and collaborative system of early intervention services. The department shall enter into any necessary interagency operating agreements at the state and local levels for such facilitation and implementation.
   4. Facilitate the implementation of part C child find and early intervention evaluations, and the use of medicaid funds, the department and entities that conduct early intervention evaluations may, when appropriate, share information with the department of education, the department of health care policy and financing, or other entities that conduct early intervention evaluations, so long as each department or local agency acts in compliance with the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. sec. 1320d, as amended, and the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and all federal regulations and applicable guidelines adopted thereto.
2. As of July 1, 2022, the department shall administer part C child find pursuant to this part 4.
3. On or before July 1, 2022, the department shall establish a state-level interagency operating agreement, referred to in this section as the "agreement", with the department of education concerning the coordination of transitions of children from part C child find to part B child find. In developing the agreement, the department and the department of education shall involve stakeholder participation, including representatives from administrative units and part C entities. The agreement must also include:
   1. The definition of a child who is potentially eligible for part B;
   2. The processes for a parent of a child to opt out of required notifications;
   3. The required notification concerning a child who is potentially eligible for part B;
   4. A process for resolving disputes between an administrative unit and a part C entity concerning the satisfaction of agreement requirements, including remedies and sanctions;
   5. A process for resolving disputes between the department and the department of education concerning systemic and statewide issues related to agreement requirements;
   6. The development and delivery of standardized communication materials for a parent of a child who is potentially eligible for part B, including information concerning eligibility, referral, evaluation, and service delivery;
   7. The development and delivery of standardized training for part C and part B providers, including information concerning eligibility, referral, evaluation, and service delivery for the programs;
   8. The process for transferring a child's assessment, IFSP, and other necessary information to an administrative unit for consideration of a part B evaluation and eligibility determination, if a parent has provided written consent;
   9. 1. Processes to ensure timely notification to the administrative unit if a child is potentially eligible for part B. At a minimum, timely notification must occur not later than when a child is two years and six months of age; except that timely notification must occur not later than when a child is two years and three months of age if a child has a low incidence diagnosis including, but not limited to, visual impairment, including blindness; hearing impairment, including deafness; or deaf-blind.
      2. If a child is determined to be eligible for part C when the child is older than the ages described in subsection (3)(i)(I) of this section, timely notification must occur not later than ten business days after the eligibility determination.
   10. A process for including an administrative unit representative in a transition conference for a child who transitions from part C to part B;
   11. A process for including an early intervention services provider in the development of an IEP, as defined in section 22-20-103 (15), if requested by the parent of the child; and
   12. A process for timely transferring data that is required by law between the department and the department of education.
4. The department and the department of education shall review and revise the agreement to account for any changes to state or federal law, as necessary. At a minimum, the agreement must be reviewed once every five years. In the review and revision of the agreement, the department and the department of education shall involve stakeholder participation, including representatives from administrative units and part C entities.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 619, § 3, effective July 1.

Editor's note: This section is similar to former § 27-10.5-704 as it existed prior to 2022.

26.5-3-405. Authorized services - conditions of funding - purchases of services - rules - repeal.

1. 1. 1. The executive director shall promulgate rules as are necessary, in accordance with this part 4, to implement, prior to July 1, 2024, the purchase of early intervention services directly or through community-centered boards or certified early intervention service brokers. (1) (a) (I) The executive director shall promulgate rules as are necessary, in accordance with this part 4, to implement, prior to July 1, 2024, the purchase of early intervention services directly or through community-centered boards or certified early intervention service brokers.
      2. This subsection (1)(a) is repealed, effective July 1, 2024.
   2. The executive director shall promulgate rules as necessary, in accordance with this part 4, to implement, on and after July 1, 2024, the purchase of early intervention services directly or through certified early intervention service brokers.
2. 1. 1. Prior to July 1, 2024, community-centered boards, certified early intervention service brokers, and service agencies receiving money pursuant to section 26.5-3-408 shall comply with all of the provisions of this part 4 and the rules promulgated pursuant to this part 4. (2) (a) (I) Prior to July 1, 2024, community-centered boards, certified early intervention service brokers, and service agencies receiving money pursuant to section 26.5-3-408 shall comply with all of the provisions of this part 4 and the rules promulgated pursuant to this part 4.
      2. This subsection (2)(a) is repealed, effective July 1, 2024.
   2. On and after July 1, 2024, certified early intervention service brokers and service agencies receiving money pursuant to section 26.5-3-408 shall comply with all of the provisions of this part 4 and the rules promulgated pursuant to this part 4.
3. 1. Prior to July 1, 2024, community-centered boards and certified early intervention service brokers shall obtain or provide early intervention services, subject to available appropriations, including but not limited to:
      1. Service coordination with families of eligible children. The purpose of service and support coordination is to enable a family to utilize service systems to meet its needs in an effective manner and increase the family's confidence and competence. Service coordination is to be rendered in an interagency context that emphasizes interagency collaboration. A family must have, to the extent possible, a choice as to who performs certain facets of service coordination as established in the family's individualized family service plan.
      2. Coordination of early intervention services with local agencies and other community resources at the local level to avoid duplication and fragmentation of early intervention services. A community-centered board shall:
         1. Coordinate with the local interagency effort regarding outreach, identification, screening, multidisciplinary assessment, and eligibility determination for families served by the community-centered board who requested the services;
         2. Coordinate with the local family support services program; and
         3. Coordinate with other appropriate state agencies providing programs for infants and toddlers.
   2. Subsection (3)(a) of this section and this subsection (3)(b) are repealed, effective July 1, 2024.
   3. On and after July 1, 2024, certified early intervention service brokers shall obtain or provide early intervention services, subject to available appropriations, including but not limited to:
      1. Service coordination with families of eligible children. The purpose of service and support coordination is to enable a family to utilize service systems to meet its needs in an effective manner and increase the family's confidence and competence. Service coordination is to be rendered in an interagency context that emphasizes interagency collaboration. A family must have, to the extent possible, a choice as to who performs certain facets of service coordination as established in the family's individualized family service plan.
      2. Coordination of early intervention services with local agencies and other community resources at the local level to avoid duplication and fragmentation of early intervention services. A certified early intervention service broker shall:
         1. Coordinate with the local interagency effort regarding outreach, identification, screening, multidisciplinary assessment, and eligibility determination for families served by the certified early intervention service broker who requested the services;
         2. Coordinate with the local family support services program; and
         3. Coordinate with other appropriate state agencies providing programs for infants and toddlers.
4. The department is authorized to use up to three percent of the amount of the appropriation for early intervention services for training and technical assistance to ensure that the latest developments for early intervention services are rapidly integrated into service provision throughout the state.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 621, § 3, effective July 1.

Editor's note: This section is similar to former § 27-10.5-705 as it existed prior to 2022.

26.5-3-406. Coordinated system of payment for early intervention services - duties of departments - repeal.

1. In order to implement the provisions of this part 4, the department, as lead agency for part C, is responsible for the following, subject to available appropriations:
   1. Establishing an early intervention state plan for a statewide, comprehensive system of early intervention evaluations and early intervention services in accordance with part C child find;
   2. Establishing an interagency operating agreement between the department and the departments of education, health care policy and financing, and public health and environment regarding the responsibilities of each department to assist in the development and implementation of a statewide, comprehensive system of early intervention services and a coordinated system of payments for early intervention services;
   3. Developing, in cooperation with the department of education, the department of health care policy and financing, the department of public health and environment, the division of insurance in the department of regulatory agencies, private health insurance carriers, and certified early intervention service brokers, a coordinated system of payment of early intervention services using public and private money;
   4. 1. 1. Prior to July 1, 2024, certifying community-centered boards or other entities as determined by the department as early intervention service brokers for early intervention services provided pursuant to this part 4. (d) (I) (A) Prior to July 1, 2024, certifying community-centered boards or other entities as determined by the department as early intervention service brokers for early intervention services provided pursuant to this part 4.
         2. This subsection (1)(d)(I) is repealed, effective July 1, 2024.
      2. On and after July 1, 2024, certifying early intervention service brokers for early intervention services provided pursuant to this part 4; and
   5. Ensuring an appropriate allocation of payment responsibilities for early intervention services among federal, state, local, and private sources, including public medical assistance and private insurance coverage.
2. Any additional source of money that may become available for the payment of early intervention services on or after July 1, 2008, as a result of the development and implementation of a statewide, comprehensive system of early intervention services and a coordinated system of payments for early intervention services must not replace or reduce any other federal or state money available for the payment of early intervention services on or before July 1, 2008.
3. 1. 1. Prior to July 1, 2024, nothing in this part 4 inhibits, encumbers, or controls the use of local money, including county grants, revenues from local mill levies, and private grants and contributions, that a community-centered board or county government may elect to allocate for the benefit of eligible children. (3) (a) (I) Prior to July 1, 2024, nothing in this part 4 inhibits, encumbers, or controls the use of local money, including county grants, revenues from local mill levies, and private grants and contributions, that a community-centered board or county government may elect to allocate for the benefit of eligible children.
      2. This subsection (3)(a) is repealed, effective July 1, 2024.
   2. On and after July 1, 2024, nothing in this part 4 inhibits, encumbers, or controls the use of local money, including county grants, revenues from local mill levies, and private grants and contributions, that a certified early intervention service broker or county government may elect to allocate for the benefit of eligible children.
4. In developing a coordinated system of payment, the department shall not directly or indirectly create a new entitlement for early intervention services funded from the state general fund. However, this subsection (4) does not prohibit any adjustments to public medical assistance required by section 25.5-1-124.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 623, § 3, effective July 1.

Editor's note: This section is similar to former § 27-10.5-706 as it existed prior to 2022.

26.5-3-407. Cooperation among state agencies - implementing coordinated payment system - revisions to rules.

1. The departments of education, health care policy and financing, and public health and environment shall cooperate with the department to implement the provisions of this part 4 and each department shall:
   1. Participate in the ongoing review of funding practices for early intervention services and develop or revise procedures for a coordinated system of payment for early intervention services;
   2. Use uniform forms and procedures for billing the costs of early intervention services to public medical assistance, as specified in the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the "Children's Basic Health Plan Act", article 8 of title 25.5, as appropriate, and private health insurance, as specified in part 1 of article 16 of title 10;
   3. Coordinate revisions to existing rules that are necessary to implement this part 4; and
   4. Perform other tasks and functions necessary for the implementation of this part 4.
2. The division of insurance in the department of regulatory agencies shall provide assistance to the department related to the requirements and implementation of section 10-16-104 (1.3) and insurance laws and rules related to billing and claims handling.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 624, § 3, effective July 1.

Editor's note: This section is similar to former § 27-10.5-707 as it existed prior to 2022.

26.5-3-408. Certified early intervention service brokers - duties - payment for early intervention services - fees - repeal.

1. 1. 1. Prior to July 1, 2024, for each designated service area in the state, the certified early intervention service broker for the area shall: (1) (a) (I) Prior to July 1, 2024, for each designated service area in the state, the certified early intervention service broker for the area shall:
         1. Establish a registry of qualified early intervention service providers to provide early intervention services to eligible children in the designated service area. The certified early intervention service broker for a designated service area may provide early intervention services directly or may subcontract the provision of services to other qualified providers on the registry.
         2. Accept and process claims for reimbursement for early intervention services provided pursuant to this part 4 by qualified providers;
         3. Negotiate for the payment of early intervention services provided to eligible children in the designated service area by qualified providers, to the extent permissible pursuant to federal law; and
         4. Ensure payment to a qualified provider for early intervention services rendered by the qualified provider.
      2. This subsection (1)(a) is repealed, effective July 1, 2024.
   2. On and after July 1, 2024, for each defined service area in the state, the certified early intervention service broker for the area shall:
      1. Establish a registry of qualified early intervention service providers to provide early intervention services to eligible children in the defined service area. The certified early intervention service broker for a defined service area may provide early intervention services directly or may subcontract the provision of services to other qualified providers on the registry.
      2. Accept and process claims for reimbursement for early intervention services provided pursuant to this part 4 by qualified providers;
      3. Negotiate for the payment of early intervention services provided to eligible children in the defined service area by qualified providers, to the extent permissible under federal law; and
      4. Ensure payment to a qualified provider for early intervention services rendered by the qualified provider.
2. Certified early intervention service brokers shall use procedures and forms determined by the department to document the provision or purchase of early intervention services on behalf of eligible children. Invoices or insurance claims for early intervention services must be submitted based on the available funding source for each eligible child and the reimbursement rate for the appropriate federal, state, local, or private funding sources, including public medical assistance and private health insurance.
3. The department shall establish a schedule of fees to be charged by certified early intervention service brokers for providing broker services pursuant to this part 4. In developing the fee schedule, the department shall obtain input from certified early intervention service brokers and shall consider the duties of brokers pursuant to this part 4, the expenses incurred by brokers, and the relevant market conditions.
4. Use of a certified early intervention broker is voluntary; except that private health insurance carriers that are included pursuant to section 10-16-104 (1.3) are required to make payment in trust pursuant to section 26.5-3-409. Nothing in this part 4 prohibits a qualified provider of early intervention services from directly billing the appropriate program of public medical assistance or a participating provider, as defined in section 10-16-102 (46) or from directly billing a private health insurance carrier for services rendered pursuant to this part 4 for insurance plans that are not included pursuant to section 10-16-104 (1.3).
5. To the extent requested by the department, certified early intervention service brokers shall participate in ongoing reviews of funding practices for early intervention services and the development or revision of procedures for a coordinated system of payment for early intervention services.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 625, § 3, effective July 1.

Editor's note: This section is similar to former § 27-10.5-708 as it existed prior to 2022.

26.5-3-409. Payment from private health insurance for early intervention services - trust fund.

1. Private health insurance carriers that are required to make payment of benefits for early intervention services for which coverage is required pursuant to section 10-16-104 (1.3) shall pay benefits to the department in trust for payment to a broker or provider for early intervention services provided to an eligible child. Upon notification from the department that a child is eligible, the child's private health insurance carrier has thirty days to make payment to the department.
2. 1. When a private health insurance carrier makes payments of benefits for an eligible child to the department in trust, the money must be deposited in the early intervention services trust fund, which trust fund is created in the state treasury. Except as provided in subsection (2)(b) of this section, the principal of the trust fund must only be used to pay certified early intervention service brokers or qualified early intervention service providers for early intervention services provided to the eligible child for whom the money was paid to the department in trust by the private health insurance carrier. Except as provided in subsection (2)(b) of this section, the principal of the trust fund does not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution, and the money is deemed custodial funds that are not subject to appropriation by the general assembly.
   2. 1. For the 2008-09 fiscal year and each fiscal year thereafter, the general assembly shall make appropriations to the department from the principal of the early intervention services trust fund for the direct and indirect costs of administering this section. Any money appropriated to the department pursuant to this subsection (2)(b)(I) constitutes state fiscal year spending for purposes of section 20 of article X of the state constitution.
      2. All interest derived from the deposit and investment of money in the early intervention services trust fund must be credited to the trust fund, may be appropriated to the department in accordance with this subsection (2)(b)(II), and constitutes state fiscal year spending for purposes of section 20 of article X of the state constitution.
   3. Within ninety days after the department determines that a child is no longer an eligible child for purposes of section 10-16-104 (1.3), the department shall notify the carrier that the child is no longer eligible and that the carrier is no longer required to provide the coverage required by said section for that child. Any money deposited in the trust fund on behalf of an eligible child that is not expended on behalf of the child before the child becomes ineligible must be returned to the carrier that made the payments in trust for the child.
3. No later than March 1, 2009, and no later than April 1 each year thereafter, the department shall provide a report to each private health insurance carrier that has made payments of benefits for an eligible child to the department in trust. The report must specify the total amount of benefits paid to brokers or qualified providers for services provided to the eligible child during the prior calendar year, including the amount paid to each broker or qualified provider and the services provided to the eligible child. The department shall provide the report required by this subsection (3) at least annually and more often, as determined by the department and the carrier.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 626, § 3, effective July 1.

Editor's note: This section is similar to former § 27-10.5-709 as it existed prior to 2022.

26.5-3-410. Annual report - cooperation from certified early intervention service brokers and qualified providers.

1. Notwithstanding section 24-1-136 (11)(a)(I), by November 1, 2008, and by November 1 each year thereafter, the department shall submit an annual report to the general assembly regarding the various funding sources used for early intervention services, the number of eligible children served, the average cost of early intervention services, and any other information the department deems appropriate. The department shall submit the report to the joint budget committee as part of the department's annual budget request. The department shall also submit the report to the health and human services committees and the education committees of the senate and house of representatives, or any successor committees.
2. The department shall request, and certified early intervention service brokers and qualified early intervention service providers shall provide, information regarding early intervention services that the department needs to prepare the annual report required by this section or other required federal or state reports.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 627, § 3, effective July 1.

Editor's note: This section is similar to former § 27-10.5-710 as it existed prior to 2022.

26.5-3-501. Short title.

The short title of this part 5 is the "Colorado Nurse Home Visitor Program Act".

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 628, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.4-101 as it existed prior to 2022.

26.5-3-502. Legislative declaration.

1. The general assembly finds that in order to adequately care for their newborns and young children, new mothers may often benefit from receiving professional assistance and information. Without such assistance and information, a young mother may develop habits or practices that are detrimental to her health and well-being and the health and well-being of her child. The general assembly further finds that inadequate prenatal care and inadequate care in infancy and early childhood often inhibit a child's ability to learn and develop throughout the child's childhood and may have lasting, adverse effects on the child's ability to function as an adult. The general assembly recognizes that implementation of a nurse home visitor program that provides educational, health, and other resources for new young mothers during pregnancy and the first years of their infants' lives has been proven to significantly reduce the amount of drug, including nicotine, and alcohol use and abuse by mothers, the occurrence of criminal activity committed by mothers and their children under fifteen years of age, and the number of reported incidents of child abuse and neglect. Such a program has also been proven to reduce the number of subsequent births, increase the length of time between subsequent births, and reduce the mother's need for other forms of public assistance. It is the intent of the general assembly that such a program be established for the state of Colorado, beginning with a limited number of participants and expanding by the year 2010 to be available to all low-income, first-time mothers in the state who consent to receiving services.
2. The general assembly further finds that, to implement such a program efficiently and effectively and to promote the successful implementation of partnerships between state public entities and the private sector, responsibility for the program should be divided between the department, which is responsible for financial administration of the program, and a health sciences facility at the university of Colorado, which is responsible for programmatic and clinical support, evaluation, and monitoring for the program, and such other responsibilities as described in this part 5. It is the intent of the general assembly that the department and the health sciences facility work collaboratively to share information in order to promote efficient and effective program implementation; however, neither entity is responsible for the other entity's statutorily prescribed duties.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 628, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.4-102 as it existed prior to 2022.

26.5-3-503. Definitions.

As used in this part 5, unless the context otherwise requires:

1. "Entity" means any nonprofit, not-for-profit, or for-profit corporation; religious or charitable organization; institution of higher education; visiting nurse association; existing visiting nurse program; county, district, or municipal public health agency; county department of human or social services; political subdivision of the state; or other governmental agency; or any combination thereof.
2. "Health sciences facility" means the Anschutz medical campus or a successor facility located at the university of Colorado health sciences center that is selected by the president of the university of Colorado pursuant to section 26.5-3-505 to assist the executive director in administering the program.
3. "Low-income" means an annual income that does not exceed two hundred percent of the federal poverty line.
4. "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.
5. "Nurse" means a person licensed as a professional nurse pursuant to part 1 of article 255 of title 12 or accredited by another state or voluntary agency that the state board of nursing has identified by rule pursuant to section 12-255-107 (1)(a) as one whose accreditation may be accepted in lieu of board approval.
6. "Program" means the nurse home visitor program established in this part 5.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 628, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.4-103 as it existed prior to 2022.

26.5-3-504. Nurse home visitor program - created - rules.

1. 1. There is established the nurse home visitor program to provide regular, in-home, visiting nurse services to low-income, first-time mothers, with their consent, during their pregnancies and through their children's second birthday. The program provides trained visiting nurses to help educate mothers on the importance of nutrition and avoiding alcohol and drugs, including nicotine, and to assist and educate mothers in providing general care for their children and in improving health outcomes for their children. In addition, visiting nurses may help mothers in locating assistance with educational achievement and employment. Any assistance provided through the program is provided only with the consent of the low-income, first-time mother, and she may refuse further services at any time.
   2. The nurse home visitor program, as it existed prior to July 1, 2022, is transferred to the department of early childhood. All rules, orders, and awards of the state board of health concerning the nurse home visitor program adopted prior to July 1, 2022, continue to be effective until revised, amended, repealed, or nullified pursuant to law. All grants in existence as of July 1, 2022, are valid through June 30, 2023, and may be extended or renewed beyond said date.
2. The program must be administered in communities throughout the state by entities selected on a competitive basis by the health sciences facility and approved by the executive director. Any entity that seeks to administer the program shall submit an application to the department as provided in section 26.5-3-506. The entities selected pursuant to section 26.5-3-507 are expected to provide services to a minimum of one hundred low-income, first-time mothers in the community in which the entity administers the program; except that the executive director may grant a waiver of this requirement if the population base of the community does not have the capacity to enroll one hundred eligible families. The executive director shall consult with the health sciences facility prior to granting the waiver to ensure that the entity can implement the program within the smaller community and maintain compliance with the program requirements. A mother is eligible to receive services through the program if she is pregnant with her first child, or her first child is less than one month old, and her gross annual income does not exceed two hundred percent of the federal poverty line.
3. The executive director shall promulgate, pursuant to the provisions of article 4 of title 24, rules to implement the program. The executive director shall base the rules establishing program training requirements, program protocols, program management information systems, and program evaluation requirements on research-based model programs that have been implemented in one or more other states for a period of at least five years and have shown significant reductions in:
   1. The occurrence among families receiving services through the model program of infant behavioral impairments due to use of alcohol and other drugs, including nicotine;
   2. The number of reported incidents of child abuse and neglect among families receiving services through the model program;
   3. The number of subsequent pregnancies by mothers receiving services through the model program;
   4. The receipt of public assistance by mothers receiving services through the model program;
   5. Criminal activity engaged in by mothers receiving services through the model program and their children.
4. Notwithstanding the provisions of subsection (3) of this section, the executive director shall adopt rules pursuant to which a nurse home visitation program that is in operation in the state as of July 1, 1999, may qualify for participation in the program if it can demonstrate that it has been in operation in the state for a minimum of five years and that it has achieved a reduction in the occurrences specified in subsection (3) of this section. Any program so approved is exempt from the rules adopted regarding program training requirements, program protocols, program management information systems, and program evaluation requirements so long as the program continues to demonstrate a reduction in the occurrences specified in subsection (3) of this section.
5. The department may propose to the executive director rules concerning program applications pursuant to section 26.5-3-506. Any such proposal must be made in consultation with the health sciences facility.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 629, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.4-104 as it existed prior to 2022.

26.5-3-505. Health sciences facility - duties.

1. The president of the university of Colorado shall identify a facility at the university of Colorado health sciences center with the knowledge and expertise necessary to:
   1. Assist the executive director by selecting and presenting entities from among the applications submitted pursuant to section 26.5-3-506;
   2. Provide programmatic and clinical support, evaluation, and monitoring for the program, including nurse practice support and training, clinical and programmatic technical assistance, compliance monitoring and support, program development and implementation support, and performance improvement monitoring and support, in communities throughout the state;
   3. Cooperate with the department in connection with the department's financial administration of the program; and
   4. Work with the state auditor's office as required in section 2-3-113 (4).
2. The health sciences facility is not responsible for the duties assigned to the department with respect to the program pursuant to section 26.5-3-507 (2)(b).
3. The health sciences facility shall perform the duties set forth in subsection (1) of this section to ensure that the program is implemented and operated according to the program training requirements, protocols, management information systems, and evaluation requirements established by department rule. The health sciences facility shall evaluate overall program implementation, operation, and effectiveness, and include that evaluation, along with any recommendations concerning the program's selected entities or changes in the program's implementation, operation, and effectiveness, including program training requirements, protocols, management information systems, or evaluation requirements, in the annual report submitted to the department pursuant to section 26.5-3-508.
4. The department shall compensate the health sciences facility for the health sciences facility's actual costs incurred in performing its duties pursuant to this part 5, as determined by the health sciences facility. Such duties and actual costs must be included in the scope of work in the agreement between the department and the health sciences facility for implementation of those duties and must include the costs incurred by any contractor or subcontractor of the health sciences facility for those duties. Such compensation must be paid out of the amount allocated for the health sciences facility's costs, in accordance with the maximum allocation of three percent of the amount annually allocated for the program pursuant to section 26.5-3-507 (2).

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 631, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.4-105 as it existed prior to 2022.

26.5-3-506. Program applications - requirements.

1. An entity that seeks to administer the program in a community must submit an application to the department in accordance with department rules adopted in consultation with the health sciences facility. At a minimum, the application must specify the basic elements and procedures that the entity must use in administering the program. Basic program elements must include the following:
   1. The specific training each nurse employed by the entity must receive to provide home nursing services through the program, which training must meet or exceed the visiting nurse training requirements established by department rule;
   2. The protocols the entity must follow in administering the program, which protocols at a minimum must comply with the program protocols established by department rule;
   3. The management information system the entity must use in administering the program, which at a minimum must comply with the management information system requirements established by department rule;
   4. The reporting and evaluation system the entity must use in measuring the effectiveness of the program in assisting low-income, first-time mothers, which at a minimum must meet the reporting and evaluation requirements specified by department rule; and
   5. An annual report to both the health sciences facility and the community in which the entity administers the program that reports on the effectiveness of the program within the community and is written in a manner that is understandable for both the health sciences facility and members of the community.
2. Any program application submitted pursuant to this section must demonstrate strong, bipartisan public support for and a long-time commitment to operation of the program in the community.
3. The department shall initially review the applications received pursuant to this section and submit to the health sciences facility for review those applications that include the basic program elements as required by department rules. Following its review, the health sciences facility shall submit to the executive director a list of the applying entities that the health sciences facility recommends to administer the program in communities throughout the state.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 632, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.4-106 as it existed prior to 2022.

26.5-3-507. Selection of entities to administer the program - grants - nurse home visitor program fund - created.

1. On receipt of the list of entities recommended by the health sciences facility, the executive director shall select the entities that will administer the program in communities throughout the state. In selecting entities, the executive director shall give special consideration to entities that are proposing to administer the program as a collaborative effort among multiple entities.
2. 1. The executive director shall specify the amounts of the grants that entities selected to operate the program receive. The grants may include operating costs and additional amounts for training and development of any infrastructure, including but not limited to development of the information management system necessary to administer the program. The executive director shall determine the number of entities selected and the number of communities in which the program is implemented based on the money available in the nurse home visitor program fund created in subsection (2)(c) of this section.
   2. Except as otherwise provided in section 26.5-3-508, the department is responsible for financial administration of this part 5, which includes compensating the health sciences facility pursuant to section 26.5-3-505 (4); paying grants to entities selected to administer the program; monitoring financial, contractual, and regulatory compliance; providing medicaid financing oversight; managing accounting and budgeting; and, in cooperation with the health sciences facility, managing grant applications as set forth in section 26.5-3-506. The department shall also cooperate with the health sciences facility's administration of programmatic and clinical support, evaluation, and monitoring of the program. The department is not responsible for any duties assigned to the health sciences facility with respect to the program, as described in section 26.5-3-505.
   3. 1. Grants awarded pursuant to subsection (2)(a) of this section are payable from the nurse home visitor program fund, which fund is created in the state treasury. The nurse home visitor program fund, referred to in this section as the "fund", is administered by the department and consists of money transferred to the fund by the state treasurer from money received pursuant to the master settlement agreement in the amount described in subsection (2)(e) of this section. In addition, the state treasurer shall credit to the fund any public or private gifts, grants, or donations received by the department to implement the program, including any money received from the United States federal government for the program. The fund is subject to annual appropriation by the general assembly to the department for grants to entities for operation of the program. The department may retain the amount needed to pay for the program's share of the department's indirect costs, as calculated under the federally approved cost allocation plan. In addition, the department may retain a total of up to five percent of the amount annually appropriated from the fund for the program, in order to compensate the health sciences facility pursuant to section 26.5-3-505 (4), as set forth in the scope of work in the agreement between the department and the health sciences facility, and to compensate the department for the actual costs the department incurs in implementing subsection (2)(b) of this section, as determined by the department; except that the portion of the costs to compensate the department for implementing subsection (2)(b) of this section must not exceed two percent of the amount annually appropriated from the fund for the program, and the portion of such costs to compensate the health sciences facility pursuant to section 26.5-3-505 (4), as set forth in the scope of work in the contract between the department and the health sciences facility, must not exceed three percent of the amount annually appropriated from the fund for the program. In addition, if the total amount annually appropriated from the fund for the program exceeds nineteen million dollars, the department and the health sciences facility shall assess whether a smaller percentage of the appropriated funds exceeding nineteen million dollars is adequate to cover their actual costs and shall jointly submit to the general assembly a report articulating their conclusions on this subject. The actual costs of the department include department personnel and operating costs and any necessary transfers to the department of health care policy and financing for administrative costs incurred for the medicaid program associated with the program. The actual costs of the health sciences facility include the facility's own actual program costs and those of its contractors and subcontractors. Any costs for time studies required to obtain medicaid reimbursement for the program may be paid from program funds and are not subject to the five percent limit in this section. Notwithstanding section 24-36-114, all interest derived from the deposit and investment of money in the fund must be credited to the fund. Except as otherwise provided in subsection (2)(c)(II) of this section, all unexpended and unencumbered money in the fund at the end of any fiscal year remains in the fund and must not be transferred to the general fund or any other fund.
      2. On July 1, 2020, the state treasurer shall transfer four million two hundred thirty-seven thousand three hundred seventy-five dollars from the fund to the general fund.
   4. It is the intent of the general assembly that general fund money not be appropriated for implementation of the program.
   5. Pursuant to section 24-75-1104.5 (1.7)(a), and except as otherwise provided in section 24-75-1104.5 (5), for the 2016-17 fiscal year and for each fiscal year thereafter so long as the state receives money pursuant to the master settlement agreement, the state treasurer shall transfer to the fund twenty-six and seven-tenths of the master settlement agreement money received by the state, other than attorney fees and costs, during the preceding fiscal year. The transfer must be from money credited to the tobacco litigation settlement cash fund created in section 24-22-115.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 633, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.4-107 as it existed prior to 2022.

26.5-3-508. Annual program review - audit.

1. The health sciences facility shall annually prepare and submit to the department a report including an evaluation of the implementation of the program, the results achieved by the program based on the annual reports submitted by the administering entities pursuant to section 26.5-3-506 (1)(e), the extent to which the program serves medicaid-eligible persons and provides services that may be provided in part through medicaid funding, and any recommendations concerning changes to the program, including any changes that may be appropriate to enable the program to receive and maximize medicaid funding. Each program contractor and subcontractor and each entity that administers the program shall work with the health sciences facility and the department to prepare the reports required pursuant to this section and section 2-3-113 (2). Any entity that is administering the program is subject to a reduction in or cessation of funding if the executive director, based on recommendations from the health sciences facility, determines that the entity is not operating the program in accordance with the program requirements established by department rule or is operating the program in such a manner that the program does not demonstrate positive results.
2. The state auditor's office, pursuant to section 2-3-113, shall audit each entity administering the program to determine whether the entity is administering the program in compliance with the program requirements and in an effective manner. The audit must be conducted and reported in accordance with section 2-3-113.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 635, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.4-108 as it existed prior to 2022.

26.5-3-601. Legislative declaration.

1. The general assembly finds and declares that:
   1. Young children from low-income families often struggle to achieve the same outcomes as their peers from higher-income families because they rarely have access to the same supports, particularly those supports with a focus on the development of social-emotional skills like emotion regulation, pro-social communication, and problem solving;
   2. Exposure to poverty, a stressful home environment, and delays in the development of behavioral and academic skills at a young age are strong predictors of later academic challenges, health issues, behavior problems, substance abuse, lower educational attainment, lower rates of employment, teen parenthood, and the likely recurrence of these risk factors for the next generation of children;
   3. Research demonstrates that the opportunity to support positive development experiences during early childhood using evidence-based interventions that support sensitive and responsive caregiver-child interactions are linked to children's academic and social competence; and
   4. Helping teachers and parents learn when and how to use these evidence-based interventions has demonstrated reductions in parental depression and increases in parental self-confidence; increases in positive family communication and problem solving; increases in children's appropriate cognitive problem-solving strategies and in the use of pro-social conflict management strategies with peers; reductions in conduct problems at home and conduct problems in school that often lead to suspension and expulsion; and increases in children's positive affect and cooperation, positive interactions with peers, school readiness, and engagement with school activities.
2. 1. The general assembly finds, therefore, that it is in the best interests of the state to authorize the department to implement proven, evidence-based, two-generation prevention programs to teach teachers and parents strategies and skills to connect with all children, especially those who demonstrate challenging behaviors; to promote children's social competence; to reduce behavior problems; and to provide programming to children to help them learn problem-solving and emotion-control skills. The goals of providing these programs are to strengthen teacher-child and parent-child relationships and promote child behavioral change, including self-regulation and decreased aggressive behavior and impulsivity.
   2. The general assembly further finds that, to implement these programs efficiently and effectively and to promote successful partnerships between state agencies and the private sector, it is appropriate to divide responsibility for the programs between the department, which is responsible for financial administration of the programs, and an implementation partner, which is responsible for programmatic and clinical support, evaluation, and monitoring for the programs, and such other responsibilities as may be described in this part 6. It is the intent of the general assembly that the department and the implementation partner work collaboratively to share information as necessary to promote efficient and effective program implementation.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 635, § 3, effective July 1.

26.5-3-602. Definitions.

As used in this part 6, unless the context otherwise requires:

1. "Entity" means an individual local implementation site, such as a provider of early childhood services; a school district, as defined in section 22-7-1003, or a charter school, as defined in section 22-60.5-102; a community mental health center; any other governmental agency; or any combination of these entities.
2. "Grant program" means the social-emotional learning programs grant program created in section 26.5-3-603.
3. "Implementation partner" means a private entity that has extensive experience and expertise in early child care programming of the type described in section 26.5-3-603 and in implementation science and with which the department contracts pursuant to section 26.5-3-603 (2) to assist in implementing the grant program.
4. "Social-emotional learning program" means an evidence-based, two-generation program that provides training for teachers and parents in strategies and skills for connecting with all young children, especially those who demonstrate challenging behaviors, and for teaching and promoting the development of social competence and emotional self-monitoring and self-management in young children; and provides direct programming for young children in problem solving, anger control, self-monitoring of emotions, succeeding in school, and making friends.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 636, § 3, effective July 1.

26.5-3-603. Social-emotional learning programs grant program - created - implementation partner - application - selection - funding - rules.

1. The social-emotional learning programs grant program is created in the department. The department shall administer the grant program in collaboration with an implementation partner selected pursuant to subsection (2) of this section. Subject to annual appropriations, the department shall award grants to entities that apply pursuant to subsection (3) of this section to provide social-emotional learning programs for young children and their parents in communities throughout the state. The executive director is authorized to promulgate rules as necessary to implement the grant program.
2. As soon as practicable after July 1, 2022, the department shall initiate a formal request for proposals process to select and contract with a Colorado-based, private, nonprofit organization to serve as an implementation partner. The implementation partner shall:
   1. Assist the department in selecting from among applicants those entities that receive grants to provide social-emotional learning programs pursuant to this part 6;
   2. Perform community readiness assessments and provide training, coaching, and monitoring for the implementation of social-emotional learning programs by the entities that receive grants;
   3. Provide ongoing quality assessments and improvement recommendations for the selected entities to ensure high-quality implementation and sustainability of social-emotional learning programs;
   4. Provide to the department site-specific and statewide process and outcomes evaluations of social-emotional learning programs and the grant program as described in this section;
   5. Assist the department with the financial administration of grants pursuant to this part 6 and work with the office of the state auditor as required;
   6. Annually provide to each entity that receives money through the grant program a detailed data report of the entity's implementation of the social-emotional learning programs that includes an assessment of the program's success in achieving positive outcomes for children and their families and identification of areas for practice improvement; and
   7. Annually prepare and submit to the department an evaluation of the outcomes of the social-emotional learning programs that entities implement using money received through the grant program.
3. An entity that seeks grant money to implement or expand a social-emotional learning program must submit an application to the department in accordance with department rules and procedures. At a minimum, the application must:
   1. Identify the social-emotional learning program curriculum that the entity will use, which must:
      1. Include components that provide a curriculum for parents, teachers, and preschool- and kindergarten-age children;
      2. Be identified by the university of Colorado as a proven, evidence-based intervention to support healthy youth development; and
      3. Have been previously implemented with success by early childhood program providers in Colorado; and
   2. Specify whether the entity has previously provided social-emotional learning programs and, if so, the demographics of the children and families served. An applicant that has not previously provided social-emotional learning programs must work with the implementation partner to complete a community readiness assessment before submitting an application or within three months after submitting the application.
4. The department shall work with the implementation partner to review and select grantees from among the applying entities. In addition to any other selection criteria that may be identified in rules of the department, the department shall base selection of grantees on the applicant's use of a curriculum that meets the requirements specified in subsection (3)(a) of this section and on the applicant's service to under-resourced children and families who have a clearly identified need or the outcome of the community readiness assessment. The department shall pay the grants awarded through the program from money appropriated for the program pursuant to subsection (5) of this section.
5. The general assembly shall annually appropriate money to the department to implement the grant program. The general assembly may appropriate money for the grant program from the marijuana tax cash fund created in section 39-28.8-501. The department may expend a portion of the amount appropriated pursuant to this subsection (5) to pay the costs incurred in implementing the grant program, including the costs incurred in contracting with the implementation partner.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 637, § 3, effective July 1.

26.5-3-701. Definitions.

As used in this part 7, unless the context otherwise requires:

1. "Mental health consultant" means an early childhood mental health consultant who is funded by appropriations allocated or awarded to the department for the program and who meets the qualifications outlined in the program designed and developed pursuant to this part 7.
2. "Program" means the statewide voluntary program of early childhood mental health consultation designed, implemented, and operated by the department pursuant to this part 7.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 639, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-401 as it existed prior to 2022.

26.5-3-702. Early childhood mental health consultation - statewide program - creation - purpose - rules.

1. 1. On or before July 1, 2022, the department shall design, implement, and operate the statewide voluntary program of early childhood mental health consultation to expand and enhance current practices across the state. The department, through the program, shall support mental health in a variety of settings, including but not limited to early child care and learning, elementary schools, home visitation, child welfare, public health, and health care, including settings providing prenatal and postpartum care.
   2. In designing and developing the program, the department shall work in consultation with the national center of excellence for infant and early childhood mental health consultation funded by the United States department of health and human services; nationally recognized entities that support implementation of sustainable systems or programs that focus on promoting the social, emotional, and behavioral outcomes of young children; and key stakeholders in the state, including mental health professionals, nonprofit organizations with expertise in mental health, organizations representing parents of children who would benefit from early childhood mental health consultation, hospitals and other health-care provider organizations with expertise working with children facing behavioral health and other challenges to optimal growth and development, early child care and education providers, and clinicians with expertise in infant and early childhood mental health.
   3. The department shall coordinate with community-based organizations to ensure the effective implementation of the program and model of consultation established pursuant to section 26.5-3-703, as well as support the availability of resources across the state to support the program and the mental health consultants in the program in their work.
   4. The executive director may promulgate rules for the design, implementation, and operation of the program.
2. The purpose of the program is to:
   1. Increase the number of qualified and appropriately trained mental health consultants throughout the state who will consult with professionals working with children across a diversity of settings, as well as other adults, including family members, who directly interact with and care for children;
   2. Support and provide guidance and training, through visits with mental health consultants in the program, to families, expecting families, caregivers, and providers across a diversity of settings in addressing the healthy social-emotional developmental needs of children and families during the prenatal period through eight years of age;
   3. Develop a defined model of consultation that is rooted in diversity, equity, and inclusion for the state pursuant to section 26.5-3-703 that includes qualifications and competencies for mental health consultants, job expectations, expected outcomes, and guidance on ratios between mental health consultants in the program and the settings they support; and
   4. Develop and maintain a statewide professional development plan pursuant to section 26.5-3-704 that assists the mental health consultants in meeting the expectations and developing the competencies set forth in the model of consultation established pursuant to section 26.5-3-703.
3. Nothing in this part 7 creates or expands the regulatory authority of the department over mental health professionals who are not funded by appropriations made to the department for the program pursuant to this part 7.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 639, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-402 as it existed prior to 2022.

26.5-3-703. Model of early childhood mental health consultation - standards and guidelines - qualifications.

1. On or before July 1, 2022, the department shall design and develop, in consultation with the stakeholders listed in section 26.5-3-702 (1)(b), a model of consultation for the program that includes qualifications for mental health consultants, job expectations, expected outcomes, and guidance on ratios between mental health consultants and the settings they support, referred to in this section as "the model". The model must include standards and guidelines to ensure the program is implemented effectively, with primary consideration given to evidence-based services. The standards and guidelines must include:
   1. Clear qualifications for mental health consultants in the program, including, at a minimum, expertise in adult and child mental health theory, practice, and services; early childhood, child development, and family systems; knowledge of, and skills to address, circumstances that affect children's behavior and mental health; knowledge of developmental science and milestones; knowledge of a consultative model of practice; and available resources and services to children and families to alleviate family stress;
   2. Expectations for the placement of regional consultants that will most effectively meet local community need for mental health consultants in the program. The department shall periodically conduct an open and competitive selection process for the placement of any publicly funded mental health consultants in the program.
   3. Guidance concerning the scope of work that mental health consultants in the program may provide to professionals working with young children and families, including guidance on appropriate referrals, training, coaching, prevention, and any other appropriate services;
   4. Methods to increase the availability of bilingual or multilingual mental health consultants in the program and otherwise ensure the cultural competency of mental health consultants in the program and ensure that the consultant population reflects an array of characteristics and backgrounds and is reflective of the diversity of the providers, children, and families being served;
   5. Guidance on the diverse settings in which and types of providers with whom mental health consultants in the program may work to meet the varied needs of children and families from prenatal through eight years of age. The model must include provisions that ensure that mental health consultants in the program may work with a diversity of professionals and caregivers, including but not limited to early child care and education teachers and providers, elementary school teachers and administrators, home visitors, child welfare caseworkers, public health professionals, and health-care professionals, including settings providing prenatal and postpartum care.
   6. Anticipated outcomes that the program and mental health consultants in the program should achieve, including:
      1. Promoting social-emotional growth and development of children;
      2. Providing guidance to professionals and caregivers to effectively understand and support children's positive behavior and development;
      3. Understanding the effects of trauma and adversity, including oppression, prejudice, discrimination, racism, and gender inequity, on the developing brain to ultimately reduce challenging behaviors and increase positive early experiences;
      4. Promoting high-quality interactions and relationships between children and adults;
      5. Supporting the mental health and well-being of adults who care for children;
      6. Connecting and referring children, families, and providers to programs, resources, and supports that will assist them in their development and success while addressing barriers to accessing such resources and supports;
      7. Supporting equitable, inclusive outcomes for the diverse providers, children, and families throughout the state; and
   7. Guidance on appropriate ratios of mental health consultants and the settings they support, as well as caseload expectations.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 640, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-403 as it existed prior to 2022.

26.5-3-704. Statewide professional development plan for early childhood mental health consultants.

1. On or before July 1, 2022, the department shall develop a statewide professional development plan to support mental health consultants in the program in meeting the expectations set forth in the model of consultation described in section 26.5-3-703, referred to in this section as "the plan". In developing the plan, the department shall work collaboratively, to the extent practicable, with the national center of excellence for infant and early childhood mental health consultation funded by the United States department of health and human services. The department may implement the plan in partnership with nonprofits, institutions of higher education, and credentialing programs focused on infant and early childhood mental health.
2. The plan must include, at a minimum, training related to:
   1. Trauma and trauma-informed practices and interventions;
   2. Adverse childhood experiences;
   3. The science of resilience and interventions to promote resilience;
   4. Child development through eight years of age;
   5. Caregiver substance use and effective family interventions;
   6. Impact of inequity and bias on children, families, caregivers, mental health consultants, and providers, and strategies to mitigate such impact;
   7. Sensory processing issues;
   8. The needs of children with developmental delays and disabilities, including children born prematurely or with special health-care needs, and special education law;
   9. Colorado's child protection and foster care system;
   10. Occupational therapy, speech therapy, physical therapy, and mental health therapy;
   11. Other public and private supports and services;
   12. Early childhood social-emotional development and family systems;
   13. Early childhood mental health diagnosis and effective treatment models; and
   14. Consultation as a model of adult learning.
3. The plan must also:
   1. Allow mental health consultants in the program to access regionally appropriate and culturally responsive programs to best link them to the children and families in their communities and their unique needs;
   2. Include strategies for mental health consultants in the program to establish individualized coaching as requested by teachers, caregivers, and families; and
   3. Provide opportunities for regular support meetings between mental health consultants in the program; supervisors, including reflective supervisors; and peer mental health consultants. The support meetings must include reflections on the practice impact of attitudes and values.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 642, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-404 as it existed prior to 2022.

26.5-3-705. Statewide qualifications and competencies for early childhood mental health consultants.

The department shall ensure that each mental health consultant funded through the program meets the qualifications and competencies outlined in the program as designed and developed pursuant to this part 7.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 643, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-405 as it existed prior to 2022.

26.5-3-706. Data collection - reporting.

1. On or before July 1, 2023, the department shall develop a statewide data collection and information system to analyze implementation data and selected outcomes to identify areas for improvement, promote accountability, and provide insights to continually improve child and program outcomes. The data collection and information system, and any related processes, must place the least burden possible on the mental health consultants in the program. In selecting the implementation data and outcomes, the department shall incorporate the variability across diverse settings and populations.
2. Notwithstanding section 24-1-136 (11)(a)(I), the department shall, beginning in 2023 and continuing every two years thereafter, in its presentation to the joint budget committee of the general assembly, as well as its presentation to its committee of reference at the hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" in January 2027, report on the following issues:
   1. A gap analysis of the available number of mental health consultants and the unmet need in the type of settings in which mental health consultants practice in accordance with the program; and
   2. Identified adjustments to better meet mental health consultant caseload, with the department identifying a target number of needed consultants in the program.
3. On or before August 1, 2026, the department shall contract with an independent third party to conduct an evaluation, using standard evaluation measures, of the program and its impact on early childhood and program outcomes across the state. The department shall present the results of the evaluation as part of its presentation to its committee of reference at the hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" in January 2027.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 643, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-406 as it existed prior to 2022.

26.5-3-707. Funding support.

The department and the department of health care policy and financing shall explore funding options for the program and improving access to mental health consultants, including access to various funding sources, as well as the children's basic health plan, article 8 of title 25.5, and the state medical assistance program, articles 4 to 6 of title 25.5. On or before January 1, 2023, the departments shall report on any identified funding options to the joint budget committee of the general assembly as necessary thereafter, in accordance with section 24-1-136.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 643, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-407 as it existed prior to 2022.

26.5-3-801. Legislative declaration.

1. The general assembly finds and declares that:
   1. Colorado's economic recovery depends on its workforce having access to stable, high-quality, and affordable child care. Supporting the ability of Colorado's workforce to return to work during and after the COVID-19 public health emergency is estimated to have an economic enabling effect of more than four billion four hundred million dollars in income.
   2. The COVID-19 public health emergency has significantly impacted Colorado's child care sector by reducing child care provider revenues while at the same time increasing expenses. Child care provider operating costs have increased to include additional daily cleaning, daily health monitoring, supplying personal protective equipment for child care workers, and lower staff-to-child ratios to allow for sufficient physical distancing.
   3. In Colorado, this additional cost burden has forced ten percent of the state's child care providers to close their doors since March 2020. Almost three-quarters of all child care providers indicate they have or will engage in layoffs, furloughs, or pay cuts. For minority-owned or operated child care providers, this figure is even higher. More than twenty-five percent of existing child care providers report that closure is imminent without some kind of financial intervention.
   4. Child care providers generate revenue primarily through enrollment and tuition fees and the business model depends on full enrollment;
   5. At every stage of the COVID-19 public health emergency, parents have been faced with the difficult choice to pull their children from child care, either due to health concerns or because the economic recession has impacted their ability to afford it. Statewide, enrollment in child care for children less than five years of age has decreased by thirty-nine percent since the COVID-19 public health emergency began.
   6. Colorado faces other ongoing threats to the child care sector's sustainability, including high turnover and low pay in the child care profession, as well as the prohibitively expensive cost of opening and operating a child care program;
   7. More than half of Coloradans live in a "child care desert", where there are more than three children less than five years of age for each single available child care opening. Some rural areas completely lack licensed child care providers. Statewide, Colorado faces a dramatic shortage of at least thirty-nine thousand spots for infants and toddlers.
   8. Most child care in Colorado is owned or operated by women, and more than forty percent of our child care workforce is composed of women of color. Furthermore, throughout the COVID-19 public health emergency, women of color have been more likely to be on the front lines as essential workers and are more likely to lose their jobs.
   9. Despite women's steadily increasing labor participation rates and earning trajectories over the past twenty-five years, the COVID-19 public health emergency threatens to set back a generation of progress. When women exit the workforce, they face more barriers than men do to return, and their future earning potential and path to retirement security suffers.
   10. Women have been disproportionately impacted by the COVID-19 public health emergency: Almost one hundred seventy-nine thousand women left Colorado's labor force between February and May 2020, compared to eighty-eight thousand men. Nationally, four times as many women as men dropped out of the labor force in September 2020 alone. The impact of this trend on the United States' economy and the well-being of women and families is estimated to amount to approximately sixty-four million five hundred thousand dollars in lost income and economic activity.
2. 1. Therefore, the general assembly finds it is a matter of statewide concern that we take immediate action to save and protect our child care infrastructure, including offering a wide range of child care options, including but not limited to public and private child care centers, day care centers, school-age child care centers, before- and after-school programs, nursery schools, kindergartens, preschools, church day care centers, day camps, summer camps, facilities for children with intellectual and developmental disabilities, and other facilities described in section 26.5-5-303. Supporting this mixed delivery of child care enables the state to invest in its children's futures, advance gender equity in the home and the workplace, and rebuild an economy that works for all Coloradans. When Colorado families have access to child care, everyone benefits.
   2. The general assembly further finds that, to assist the state's workforce in returning to work and maintaining employment without facing the difficult choice between working and accessing quality child care, it is critical that the state allocate and quickly distribute funding to existing and new child care providers throughout the state and that such actions constitute critical government services.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 644, § 3, effective July 1; (2)(b) amended, (SB 22-213), ch. 345, p. 2462, § 1, effective July 1.

Editor's note: This section is similar to former § 26-6-801 as it existed prior to 2022.

26.5-3-802. Child care sustainability grant program - created - timeline and criteria - grant awards - funding - definitions.

1. As used in this section, unless the context otherwise requires:
   1. "Child care provider" means a child care center, as defined in section 26.5-5-303, or a family child care home, as defined in section 26.5-5-303, that holds an open license in good standing with the department.
   2. "Eligible entity" means a licensed child care provider or a neighborhood youth organization, as defined in section 26.5-5-303, that is open and operating.
   3. "Grant program" means the child care sustainability grant program created in subsection (2) of this section.
   4. "Open and operating" means an eligible entity that is actively providing services or care for children and that has updated its operational status with the division within the department that is responsible for child care licensing and administration.
2. The child care sustainability grant program is created in the department. The purpose of the grant program is to address the extent to which reduced enrollment and increased costs are impacting the sustainability of licensed child care in Colorado, including licensed child care capacity and quality level. The grant program will provide financial support to eligible entities, including those that are in danger of closing.
3. The department shall create a process for soliciting, vetting, awarding, and monitoring grants, pursuant to the sole source procurement authority specified in section 24-103-205.
4. 1. The department shall develop a formula to allocate money from the grant program to all eligible entities. The key criteria for a grant award to an eligible entity is the eligible entity's licensed child care capacity. In determining grant awards, the department shall also take into consideration the criteria set forth in subsection (4)(b) of this section. The department is responsible for communicating important dates and the criteria for grant awards to eligible entities in the state.
   2. The department shall consider, at a minimum:
      1. Awarding grants to a wide array of eligible entities of varying types and sizes;
      2. Ensuring that the grant money goes directly to eligible entities located in a variety of regions throughout the state;
      3. Requiring that the eligible entity has provided written commitment to submit any reports required by the department;
      4. Supporting, as much as possible, eligible entities that are not already fully supported through existing state or federal funds, such as the head start program, as defined in section 26.5-4-103; and
      5. Considering an eligible entity's quality rating through the Colorado shines system, established in section 26.5-5-101.
5. The department shall determine grant award amounts for eligible entities as soon as possible.
6. For the 2022-23 state fiscal year, the general assembly shall appropriate to the department fifty million dollars from federal funds for child care development funds for the purposes of implementing the grant program. The money appropriated in this subsection (6) is not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. Any money appropriated pursuant to this subsection (6) remains available for expenditure until the close of the 2023-24 state fiscal year.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 645, § 3, effective July 1; (6) added, (SB 22-213), ch. 345, p. 2462, § 2, effective July 1.

Editor's note: This section is similar to former § 26-6-802 as it existed prior to 2022.

26.5-3-803. Emerging and expanding child care grant program - created - timeline and criteria - grant awards - funding - definitions - repeal.

1. As used in this section, unless the context otherwise requires:
   1. "Child care center" has the same meaning as set forth in section 26.5-5-303.
   2. "Child care desert" means a community or area in the state where there are more than three children less than five years of age for each single available child care slot.
   3. "Child care provider" or "provider" means a child care center or a family child care home that holds an open license in good standing with the department.
   4. "Early childhood council" means an early childhood council identified or established locally in communities throughout the state pursuant to section 26.5-2-203.
   5. "Eligible entity" means a licensed child care provider that is open and operating or an applicant actively pursuing a child care provider license through the department's child care licensing and administration unit. "Eligible entity" includes family, friends, or neighbors who provide license-exempt child care pursuant to part 3 of article 5 of this title 26.5, but who are actively obtaining a license through the division within the department that is responsible for child care licensing and administration.
   6. "Expansion" means licensed child care capacity expansion, by any means, for an existing licensed child care provider.
   7. "Family child care home" has the same meaning as set forth in section 26.5-5-303.
   8. "Grant program" means the emerging and expanding child care grant program created in subsection (2) of this section.
   9. "Grant recipient" means an eligible entity that receives a grant through the grant program.
   10. "Open and operating" means a child care provider that is actively providing care for children and that has updated its operational status with the department's child care licensing and administration unit.
2. 1. The emerging and expanding child care grant program is created in the department. The purpose of the grant program is to expand access and availability of licensed child care throughout the state.
   2. An award from the grant program may be used for costs associated with expanding an open and operating child care center or family child care home or to assist an eligible entity with start up of a new child care center or family child care home. Costs may include, but are not limited to, staff training, background check fees, cleaning supplies, educational supplies, and capital and facility improvement costs.
3. 1. The department shall create a process for soliciting, vetting, awarding, and monitoring grants through statewide early childhood councils.
   2. To the extent practicable, early childhood councils may receive up to twenty-five percent of funding in advance in order to effectively administer grant funds and maintain business operations. The department shall offer technical assistance to applicants with their applications and grant recipients with implementation of their awards. The technical assistance may be offered to all eligible entities, as defined in subsection (1) of this section, and family, friend, and neighbor providers, as defined in section 26.5-3-808. The department may also provide a grant recipient with a separate grant for technical assistance to implement the goals of the recipient's grant.
4. 1. The department shall develop an application process for an eligible entity to follow when requesting a grant from the grant program. The application must include the award criteria set forth in subsection (4)(c) of this section and any applicable timelines established by the department. The department shall award grants to an eligible entity based on the eligible entity's need as well as the application criteria set forth in subsection (4)(c) of this section.
   2. A grant award must range from at least three thousand dollars to no more than two hundred thousand dollars. In awarding a grant, the department shall use the applicant's existing or proposed licensed child care capacity, as well as the applicant's need, as key criteria in determining the amount of the grant award and shall prioritize making multiple smaller grant awards.
   3. In determining grant awards, the department shall consider eligible entities located in a child care desert. The department shall also consider eligible entities that have or are actively pursuing:
      1. A fiscal agreement with the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5;
      2. A commitment to engaging in quality improvement activities through the Colorado shines system, established in section 26.5-5-101;
      3. A memorandum of understanding in place with their early childhood council to ensure support from the council; and
      4. An application to the division within the department that is responsible for child care licensing and administration and are working with their licensing specialist to determine capital or facility improvement or expansion needs and opportunities.
   4. Eligible entities that are applying for a grant award shall:
      1. Provide assurance to the department that zoning, fire, and, if applicable, health approval are underway prior to receiving grant funding; and
      2. Provide a written commitment to submit any reports required by the department to demonstrate progress toward successful licensing or expansion through the division within the department that is responsible for licensing and administration.
5. On or before January 31, 2021, or as soon as practicable after December 7, 2020, the department shall begin the grant award process to eligible entities.
6. 1. For the 2022-23 state fiscal year, the general assembly shall appropriate sixteen million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing the grant program. Of this amount, up to two million two hundred thousand dollars shall be made available to early childhood councils, as defined in section 26.5-2-202, in support of the grant program. The department may reimburse an early childhood council up to ten percent of the grant amount for allowable administrative costs of the grant program.
   2. Money spent pursuant to this subsection (6) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department must either spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
   3. The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
   4. This subsection (6) is repealed, effective September 1, 2027.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 647, § 3, effective July 1; (1)(h.5) and (6) added and (3) and (4)(c)(II) amended, (SB 22-213), ch. 345, p. 2463, § 3, effective July 1; (6)(b) amended, (HB 22-1411), ch. 271, p. 1960, § 17, effective July 1.

26.5-3-804. Employer-based child care facility grant program - created - timeline and criteria - eligibility - grant awards - reports - funding - definitions - repeal.

1. As used in this section, unless the context otherwise requires:
   1. "Child care center" has the same meaning as set forth in section 26.5-5-303.
   2. "Child care desert" means a community or area in the state where there are more than three children less than five years of age for each available child care slot.
   3. "Eligible entity" means a Colorado employer or multiple employers.
   4. "Grant program" means the employer-based child care facility grant program created in subsection (2) of this section.
2. There is created in the department the employer-based child care facility grant program. The purpose of the grant program is to provide eligible entities with money to construct, remodel, renovate, or retrofit a child care center on the site or near to the site of the eligible entity's property to provide licensed child care services to the eligible entity's employees, thus supporting the eligible entity's workforce participation and providing safe, stable, and quality care for the eligible entity's employees' children.
3. The department shall solicit and review grant applications from eligible entities beginning on or before June 30, 2021, and every June 30 thereafter through June 30, 2024, and begin to award grants no later than September 1, 2021, and every September 1 thereafter through September 1, 2024. Each application must include, at a minimum:
   1. A business plan that includes:
      1. A description of the construction, renovation, remodeling, or retrofitting of a child care center on-site or near to the site of the eligible entity;
      2. A commitment to provide a financial match, as described in subsection (4) of this section;
      3. A description of how the eligible entity will address the particular child care needs among the eligible entity's employees, such as nontraditional-hour care or infant and toddler care;
      4. A description of how the eligible entity will financially sustain the child care center beyond the grant period;
      5. The estimated total cost and budget for the construction, renovation, remodeling, or retrofitting of the child care center;
      6. If the eligible entity leases the space to be renovated, remodeled, retrofitted, or have a new facility constructed on the property, a copy of a current, valid lease that contains specific authorizations from the property owner to make the requested alterations to the property or a written statement from the landlord expressing consent to the requested alterations;
      7. Written assurance that the eligible entity will connect its employees to resources describing available public early childhood care and education assistance; and
      8. Any other components the department requires to adequately assess the grant application, including a commitment regarding the duration of time the eligible entity seeks to occupy the space to be renovated, remodeled, retrofitted, or constructed;
   2. Written assurance that the eligible entity will obtain a child care license pursuant to part 3 of article 5 of this title 26.5; and
   3. Written assurance that the employees of the eligible entity will have first priority for open slots at the child care center before those slots are offered to nonemployees.
4. Eligible entities must provide a financial match to a grant award as follows:
   1. A for-profit employer shall provide a fifty percent match; and
   2. A nonprofit or government employer shall provide a twenty-five percent match.
5. In determining grant awards for the grant program, the department shall consider applicants that might require waiver of child care licensing rules in the following areas:
   1. A location that prevents the applicant from offering child care programs on the ground floor; and
   2. A location that prevents the applicant from providing an outdoor space.
6. In determining grant awards for the grant program, the department shall prioritize:
   1. Applicants that serve a high percentage of employees with wages below the area's median income;
   2. Applications with plans to meet the level four standard of the Colorado shines quality rating and improvement system, pursuant to section 26.5-5-101;
   3. Applications with a stated commitment to and a business plan for a well-compensated child care staff;
   4. Applications with a plan for innovative models, such as co-ops, hubs, or microcenters;
   5. Applicants with a plan to serve children in child care deserts or in regions with low child care capacity;
   6. Applicants with staff that represent or reflect the linguistic and cultural diversity of the families living or working in their community, including dual-language learners; and
   7. Applicants whose primary industry and area of business is other than child care.
7. The department shall provide grantees with information and referrals to services that support implementation of quality care, including:
   1. Training for teachers and directors on quality child care, including linguistically and culturally competent care, child development, and program improvement; and
   2. Public early childhood assistance programs for families, including, but not limited to:
      1. Child care subsidies;
      2. Preschool and early childhood education assistance; and
      3. Child nutrition programs.
8. On or before January 30, 2023, and on or before January 30, 2025, the department shall report progress on the grant program as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203. At a minimum, the report must include:
   1. The number of eligible entities that received a grant through the grant program;
   2. The number of children and families that received child care services as a result of the grants, reported in aggregate and by grantee;
   3. The number of early childhood educators and staff hired as a result of the grant program;
   4. The Colorado shines quality rating of each grantee;
   5. Any innovative approaches that were used as a result of the grant program that may be replicated by other employers; and
   6. Any other relevant information about the grant program, including the industry type of the entity and geographic region served by the entity.
   1. (8.5) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate ten million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section.
   2. Money spent pursuant to this subsection (8.5) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall either spend or obligate such appropriation prior to December 30, 2024, and expend the appropriation on or before December 31, 2026.
   3. The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
   4. This subsection (8.5) is repealed, effective September 1, 2027.
9. This section is repealed, effective September 1, 2027.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 649, § 3, effective July 1; IP(3), IP(8), and (9) amended and (8.5) added, (SB 22-213), ch. 345, p. 2464, § 4, effective July 1.

Editor's note: This section is similar to former § 26-6-804 as it existed prior to 2022.

26.5-3-805. Early care and education recruitment and retention grant and scholarship program - created - criteria and eligibility - grant and scholarship awards - reports - funding - rules - definitions - repeal.

1. As used in this section, unless the context otherwise requires:
   1. "Early childhood educator" means an individual who holds an early childhood professional credential or qualification.
   2. "Eligible entity" is any entity described in subsection (3) of this section.
   3. "Program" means the early care and education recruitment and retention grant and scholarship program created in subsection (2) of this section.
2. There is created in the department the early care and education recruitment and retention grant and scholarship program. The department shall administer, directly or by contract, the program. The purposes of the program are to:
   1. Increase the number of individuals throughout the state who are qualified to serve as early childhood educators, including qualified multilingual and culturally competent educators, in programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 that serve children five years of age or younger; and
   2. Retain early childhood educators who are working in programs licensed by the department that serve children five years of age or younger.
3. The department shall establish a process for eligible entities to apply for a grant that aligns with the purposes of the program. Entities that are eligible to apply for a grant from the program include, but are not limited to:
   1. Nonprofit entities that administer or plan to administer scholarship programs that are aligned with the purposes of the program;
   2. Early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 and that are serving children five years of age or younger; and
   3. Institutions of higher education that administer scholarship programs that are aligned with the purposes of the program.
4. The executive director shall promulgate rules regarding criteria, timelines, and the administration of the program pursuant to the requirements outlined in this section.
5. The department shall seek and accept applications from eligible entities to award program grant money for eligible purposes. The department shall coordinate with the department of higher education to ensure effective administration of program grant money awarded to state public institutions of higher education. Eligible expenditures of grant or scholarship money by recipients include:
   1. Administration by a nonprofit entity of a scholarship program up to a fixed dollar amount or percentage of grant proceeds, as determined and published by the department;
   2. Payment of tuition, fees, and materials, including books and any other materials as determined by the department, for courses that lead to a degree or credential or for other formal training, any of which results in a recipient who was not qualified to become qualified as an early childhood educator in a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that serves children five years of age or younger;
   3. Payment of tuition, fees, and materials, including books and any other materials as determined by the department, for a recipient who is already credentialed as an early childhood educator for courses that lead to a degree or a higher level credential or for other formal training, any of which results in the recipient being eligible for a higher level credential in the department's professional development information system or a higher degree or qualification that results in longer retention of the recipient in a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that serves children five years of age or younger;
   4. Payment for costs associated with a credentialed early childhood educator earning a coaching, formal trainer, mentorship, or professional development certification that allows the early childhood educator to serve as a trainer or mentor of other current or potential early childhood educators pursuing programming that leads to a credential;
   5. Payments to licensed providers to cover paid release time for individuals, substitutes, and program costs to allow eligible individuals to pursue programs, course work, credentials, degrees, and other formal training that increases the number of qualified early childhood educators or retains current early childhood educators in child care programs licensed by the department pursuant to part 3 of article 5 of this title 26.5;
   6. Payments to licensed providers, schools, community colleges, institutions of higher education, early childhood councils, or other local nonprofit entities to cover the costs of "grow-your-own" programs that support current parents, staff, or local community members to meet qualifications to serve as an early childhood educator to complete appropriate programs, certifications, or training that results in participants being able to serve as qualified early childhood educators in child care programs licensed by the department pursuant to part 3 of article 5 of this title 26.5;
   7. Payments to licensed providers to cover the costs of promoting teachers to coaching and mentorship roles with the intent of increasing access to coaching and professional learning communities and to provide flexibility in scheduling for early childhood educators;
   8. Raises, bonuses, and other financial incentives, including loan forgiveness provided by licensed early childhood educator programs or through scholarship programs, for current or potential early childhood educators to reward progress toward qualifications that allow the individual to serve as an early childhood educator in an early child care and education program licensed by the department pursuant to part 3 of article 5 of this title 26.5, or to improve retention of early childhood educators in early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5; and
   9. Payments for registered apprenticeships for work-based learning opportunities for individuals interested in entering the field of early child care and education, serving children five years of age or younger, so that they can receive on-the-job training, classroom instruction, and financial rewards for gains in skills and earn credentials, credits, or higher education degrees. Any such apprenticeship program must create pathways into the early child care and education profession. The department, in consultation with the department of labor and employment, the department of higher education, and the department of education, shall:
      1. Define and establish eligibility criteria for eligible entities to receive money to implement apprenticeships;
      2. Establish program standards for formally recognized early childhood apprenticeship programs. These standards must address expectations for employer involvement; on-the-job training, credit, and credential attainment; ensuring the availability of relevant training and classroom instruction; rewards for skills gains; and support for local implementation; and
      3. Add monetary awards for the following uses of early childhood apprenticeships, as appropriate:
         1. Supporting existing apprenticeship programs or the creation of new apprenticeship programs by making money available to eligible entities;
         2. Supporting existing apprenticeship programs by expanding their reach to serve more apprentices;
         3. Technical assistance relating to establishing the partnerships necessary to create apprenticeships;
         4. Money for the recruitment of mentor teachers;
         5. Incentives for program participants;
         6. Financial rewards for skills gained in the apprenticeship program;
         7. Incentives for department-licensed providers to participate in apprenticeships;
         8. Money to cover the costs of classroom training and instruction;
         9. Money to cover the costs of earning a credential; and
         10. Money to support on-the-job training.
6. 1. As part of participating in the program, the department shall require each eligible entity, as described in subsection (3) of this section, that receives grant program money to report program outcomes to the department, as applicable, including, but not limited to, the increase, as a result of the program, in the number of individuals credentialed to teach or who receive a higher level credential to teach at early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 that serve children five years of age or younger, as well as information relating to retention of early childhood educators as a result of the program.
   2. So long as the department is awarding grant and scholarship money pursuant to this part 8, the department shall summarize and post, at least every two years, the information described in subsection (6)(a) of this section on the portion of the department's website relating to early childhood education.
7. 1. For the 2022-23 state fiscal year, the general assembly shall appropriate fifteen million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing the program. The money appropriated pursuant to this subsection (7) is not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. Five million dollars must be dedicated for home visiting workforce, early childhood mental health consultants, and early intervention providers.
   2. Money spent pursuant to this subsection (7) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall either spend or obligate such appropriation prior to December 30, 2024, and expend the appropriation on or before December 31, 2026.
   3. The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
   4. This subsection (7) is repealed, effective September 1, 2027.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 651, § 3, effective July 1; (7) added, (SB 22-213), ch. 345, p. 2464, § 5, effective July 1.

Editor's note: This section is similar to former § 26-6-805 as it existed prior to 2022.

26.5-3-806. Child care teacher salary grant program - created - timeline - criteria and eligibility - grant awards - reports - definitions.

1. As used in this section, unless the context otherwise requires:
   1. "CCCAP" means the Colorado child care assistance program created in part 1 of article 4 of this title 26.5.
   2. "Child care center" has the same meaning as set forth in section 26.5-5-303.
   3. "Eligible entity" means a child care center licensed pursuant to part 3 of article 5 of this title 26.5 or a family child care home that has the following components:
      1. Authorization to serve families pursuant to CCCAP; and
      2. A quality rating of at least a level three pursuant to the Colorado shines quality rating and improvement system established in section 26.5-5-101.
   4. "Family child care home" has the same meaning as set forth in section 26.5-5-303.
   5. "Grant program" means the child care teacher salary grant program created in subsection (2) of this section.
2. There is created in the department the child care teacher salary grant program. The purpose of the grant program is to allow eligible entities to apply for a grant to increase the salaries of its early childhood educators.
3. The department shall solicit and review applications from eligible entities. Each application must, at a minimum, include:
   1. A description of the number of early childhood educators proposed to receive a salary increase;
   2. Verification that the eligible entity has had a quality rating of at least level three under the Colorado shines quality rating and improvement system during the past twelve months and specification of that quality rating level;
   3. Verification that the eligible entity is authorized to administer subsidies under CCCAP;
   4. Verification that the eligible entity is actively serving families that are subsidized through CCCAP; and
   5. Written attestation the money received from the grant program will only be used to increase salaries of early childhood educators, as specified in subsection (4) of this section.
4. The department shall establish the percentage of salary increase for each early childhood educator, based on the number of applications and available appropriations.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 655, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-806 as it existed prior to 2022.

26.5-3-807. Community innovation and resilience for care and learning equity (CIRCLE) grant program - created - criteria - definitions.

1. As used in this section, unless the context otherwise requires:
   1. "Child care center" has the same meaning as set forth in section 26.5-5-303.
   2. "Eligible entity" includes any one of the following:
      1. A child care center or family child care home that is eligible to receive federal child care and development block grant funding pursuant to 42 U.S.C. sec. 9858;
      2. A local early childhood council, as defined in section 26.5-2-202; or
      3. Any other community-based or education-based entity or government agency approved by the department and that proposes grant activities described in subsection (2) of this section.
   3. "Family child care home" has the same meaning as set forth in section 26.5-5-303.
   4. "Grant program" means the community innovation and resilience for care and learning equity (CIRCLE) grant program created in subsection (2) of this section.
2. There is created in the department the community innovation and resilience for care and learning equity (CIRCLE) grant program. The purpose of the grant program is to address systemic challenges for early care and learning providers that have worsened as a result of the economic, social, and health impacts of the COVID-19 public health emergency and to promote innovation to improve outcomes for children and families.
3. An eligible entity may apply for a grant from the grant program for the following purposes:
   1. Improving the affordability of child care for families whose children are not served by the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5, including, but not limited to, any of the following approaches:
      1. Tuition subsidies or scholarships;
      2. Developing public-private partnerships; or
      3. Employer-based cost-sharing approaches;
   2. Increasing access to child care for children from birth to three years of age;
   3. Strengthening business practices of child care programs;
   4. Ensuring equitable access for children, including children with special needs and dual-language learner children; or
   5. Other approaches to improve early childhood transitions, workforce preparation, affordability, outcomes, or innovative practices.
4. The department shall solicit and review applications from eligible entities. Each application must include, at a minimum:
   1. A description of the activities for which the eligible entity will use the grant money;
   2. A description of any partnerships that an eligible entity intends to establish to carry out its grant activities;
   3. A description of how the activities listed in subsection (4)(a) of this section will achieve the purposes of the grant program; and
   4. A detailed budget to carry out the activities listed in subsection (4)(a) of this section.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 656, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-807 as it existed prior to 2022.

26.5-3-808. Family, friend, and neighbor support programs - advisory group - training and support program - funding - definitions - repeal.

1. As used in this section, unless the context otherwise requires:
   1. "Advisory group" means the family, friend, and neighbor advisory group created in subsection (2) of this section.
   2. "Eligible entity" means a family, friend, and neighbor provider that is actively providing informal, license-exempt child care.
   3. "Family, friend, and neighbor" or "FFN" means license-exempt, informal child care provided by family, friends, or neighbors in an in-home setting on a regular basis pursuant to the requirements of section 26.5-5-304 (1)(f).
   4. "Training and support program" means the family, friend, and neighbor training and support program created in subsection (3) of this section.
2. 1. The family, friend, and neighbor advisory group is created in the department. The purpose of the advisory group is to advise the department on the needs of FFN providers and to make recommendations to the department on changes to regulations, policies, funding, and procedures that would benefit the FFN community. At least twenty-five percent of the members of the advisory group must reside in counties with a population below forty thousand people.
   2. The department shall convene the advisory group, which must include, at a minimum:
      1. Members of the FFN early childhood workforce and representatives of geographically and linguistically diverse FFN providers. To the extent practicable, the department shall ensure that the persons described in this subsection (2)(b)(I) constitute a majority of the members of the advisory group; and
      2. Parents of children who receive care through FFN providers, representatives of county departments of human or social services, special education program directors, early childhood councils, the business community, private nonprofit organizations, early childhood advocacy organizations, and persons with expertise in early childhood and business practices.
   3. Members of the advisory group may receive per diem compensation for attendance at meetings of the advisory group in the same amount paid to legislators pursuant to section 2-2-307 (3)(a). Members of the advisory group are also entitled to reimbursement for all actual and necessary travel and sustenance expenses directly related to their service on the advisory group.
3. 1. The family, friend, and neighbor training and support program is created in the department. The purpose of the training and support program is to support community-based organizations and nonprofit organizations that have expertise working with FFN providers to provide FFN providers with information, training, and materials, and to support FFN providers with skills and knowledge on child development, social and emotional development, and best practices and technical assistance to access existing state programs. Training programs available to eligible entities may include, but need not be limited to, the following:
      1. Improving the quality of child care and child development;
      2. Ensuring the health and safety of child care environments;
      3. Fostering the social and emotional health of the child;
      4. Supporting children with developmental, emotional, physical, or cognitive disabilities or delays;
      5. Offering culturally competent and equitable child care;
      6. Strengthening the business practices of child care;
      7. Promoting workforce development; and
      8. Providing a high-quality early learning environment through coaching, guidance, and materials in an amount not to exceed nine hundred fifty dollars per eligible entity.
   2. Technical assistance and resources for FFN providers may include, but need not be limited to, the following:
      1. Navigating the state licensing and qualified exempt processes;
      2. Accessing existing state funding and services;
      3. Connecting to after-school programs; and
      4. Providing career navigation assistance.
   3. The department may support FFN communities across the state to implement training programs that foster peer learning and provide locally specific support.
   4. The department shall create and publish a public website for the FFN community to access training, technical assistance, and resources.
   5. The department shall ensure that the training and support program is culturally competent and linguistically appropriate to meet the needs of the FFN community and utilizes a research- and community-informed curriculum.
4. Subject to available appropriations, the department shall make existing state programs available to the FFN community, including, but not limited to, home visitation, early intervention, early childhood mental health consultants, workforce recruitment and retention, and family resource center services.
5. 1. For the 2022-23 state fiscal year, the general assembly shall appropriate seven million five hundred thousand dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section.
   2. Money spent pursuant to this subsection (5) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall either spend or obligate such appropriation prior to December 30, 2024, and expend the appropriation on or before December 31, 2026.
   3. The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
   4. This subsection (5) is repealed, effective September 1, 2027.
6. The department shall report progress on the support programs as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203.

Source: L. 2022: Entire section added, (SB 22-213), ch. 345, p. 2465, § 6, effective July 1.

26.5-3-901. Legislative declaration.

1. The general assembly finds and declares that:
   1. Traditional methods of delivering family-strengthening service programs, which often require parents and their children to travel to a program site to access services delivered simultaneously to multiple families, often create barriers, such as limited access to transportation or creation of a stigma around receiving services, that prevent families, especially low-income families, from receiving the benefits of the services;
   2. Evidence demonstrates that voluntary, high-quality, evidence-based programs that deliver family-strengthening support services help parents and other caregivers develop the skills and confidence needed to promote their children's healthy development and learning;
   3. Home visiting is a service delivery strategy that is successfully used to deliver a wide array of high-quality, voluntary family-strengthening support services and that enables families to overcome barriers to access because the services are delivered in the home or other convenient settings, which are often selected by the family;
   4. Home visiting is a service delivery strategy that can be leveraged to provide high-quality, voluntary, family-strengthening support services to more Colorado families who have fewer resources and are exposed to risk factors that may lead to poor outcomes in child development. Using home visiting to provide these services results in a strong return on investment by improving school readiness and helping Colorado's children reach their full potential.
   5. Family-strengthening support services that are delivered through home visiting have also demonstrated improved family and child outcomes by promoting solid parent-child relationships, improving child and parental social-emotional and physical health, improving family economic security, identifying developmental delays early, providing timely child welfare intervention services, and preventing trauma and toxic stress.
2. The general assembly finds, therefore, that authorizing grant programs to support home visiting programs that deliver high-quality, voluntary, family-strengthening support services is one of the best strategies available to support parents and other caregivers in preparing children for future success and ensure all Colorado children are ready to learn when they arrive at school.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 657, § 3, effective July 1.

26.5-3-902. Definition.

As used in this part 9, unless the context otherwise requires, "home visiting" means a two-generation delivery strategy that is designed to overcome barriers to accessing services by providing a comprehensive array of voluntary, evidence-based, family-strengthening services to a family in a location usually selected by the family that is congruent with the services being provided, which location may include, but need not be limited to, the family's home, a health-care setting, or a family resource center.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 658, § 3, effective July 1.

26.5-3-903. Family-strengthening grant programs - authorized requirements - implementation partner - rules.

1. The department is authorized to operate grant programs to support local providers in delivering high-quality, voluntary, family-strengthening support services using home visiting strategies that are designed to overcome the access barriers often created by traditional delivery strategies. The executive director may promulgate rules as necessary to implement grant programs as authorized in this section.
2. Any grant programs that the department operates pursuant to this section must be designed to award grants to family support services providers that provide a continuum of high-quality, voluntary, family-strengthening support services that:
   1. Serve families at some point during the period that extends from pregnancy through the child's enrollment in early elementary school grades;
   2. Are evidence-based and have demonstrated significant positive outcomes in one or more of the following areas:
      1. Child development and school readiness;
      2. Family economic self-sufficiency;
      3. Maternal and child health;
      4. Reductions in child maltreatment;
      5. Family linkages and referrals to resources; and
      6. Positive parenting practices; and
   3. Are delivered using a home visiting strategy to provide family services that is based on a national model for home visiting services or has been otherwise proven effective in overcoming barriers to accessing services.
3. In implementing a family-strengthening grant program pursuant to this section, the department shall contract with an implementation partner. If a grant program is based on a national model for delivering family-strengthening services, the department shall contract with a local public or private entity that is certified, or otherwise authorized, to lead in implementing the national model in the state, to act as the implementation partner. If a grant program is not based on a national model, the department shall issue a request for proposals to select an implementation partner. The public or private entity that the department selects must, at a minimum, have demonstrated experience and expertise with home visiting and the types of family-strengthening services that meet the purpose of the grant program. The duties of an implementation partner may be established by department rule and may vary based on the purpose of a particular grant program, but must, at a minimum, include:
   1. Assisting the department in reviewing applications and selecting grantees; and
   2. Working with applicants to complete a community readiness assessment when needed.
4. This part 9 does not apply to nor affect implementation of the "Colorado Nurse Home Visitor Program Act", part 5 of this article 3.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 658, § 3, effective July 1.

26.5-3-904. Home visiting grant program - authorized requirements - implementation partner - rules - definition - repeal.

1. 1. For the 2022-23 state fiscal year, the general assembly shall appropriate to the department one million dollars from the economic recovery and relief cash fund created in section 24-75-228 for purposes of implementing the home visiting grant program. For the purposes of this section, "home visiting" means a voluntary, evidence-based, two-generation, and home-based prevention program for families with children from prenatal to six years of age. The home visiting grant program must support school readiness, social-emotional growth, and age-appropriate child development and be delivered by a trained home visitor. The home visiting grant program must be prioritized to expand access to populations that are underserved by language, culture, or geography.
   2. Money spent pursuant to this subsection (1) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall either spend or obligate such appropriation prior to December 30, 2024, and expend the appropriation on or before December 31, 2026.
   3. The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
2. This section is repealed, effective September 1, 2027.

Source: L. 2022: Entire section added, (SB 22-213), ch. 345, p. 2468, § 7, effective July 1.

26.5-4-101. Short title.

The short title of this part 1 is the "Colorado Child Care Assistance Program Act".

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 660, § 3, effective July 1.

Editor's note: This section is similar to former § 26-2-801 as it existed prior to 2022.

26.5-4-102. Legislative declaration.

1. The general assembly hereby finds and declares that:
   1. The state's policies in connection with the provision of child care assistance and the effective delivery of such assistance are critical to the ultimate success of any welfare reform program;
   2. Children in low-income families who receive services through a child care assistance program need and deserve the same access to a broad range of child care providers as do children in families who do not need assistance;
   3. It is critical to provide low- to moderate-income families with access to high-quality, affordable child care that fosters healthy child development and school readiness, while at the same time promotes family self-sufficiency and attachment to the workforce; and
   4. Individual counties play a vital role in administering the child care assistance program and have local knowledge of their individual community needs.
2. Therefore, the general assembly hereby finds and declares that it is in the best interests of the state to:
   1. Adopt the Colorado child care assistance program set forth in this part 1;
   2. Adopt a consistent, statewide plan for child care provider reimbursement rates with a goal of payment rates that adequately cover the cost of quality child care to facilitate and increase access to high-quality child care for low-income families;
   3. Achieve parity across counties in the state with regard to the CCCAP program and funding allocation.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 660, § 3, effective July 1.

Editor's note: This section is similar to former § 26-2-802 as it existed prior to 2022.

26.5-4-103. Definitions.

As used in this part 1, unless the context otherwise requires:

1. "Child care assistance program" or "CCCAP" means the public assistance program for child care known as the Colorado child care assistance program established in this part 1.
2. "Colorado universal preschool program" means the state preschool program established in part 2 of this article 4.
3. "County department" means the county or district department of human or social services.
4. "Early care and education provider" means a school district or provider that is licensed pursuant to part 3 of article 5 of this title 26.5 or that participates in the Colorado preschool program pursuant to article 28 of title 22, as it exists prior to July 1, 2023, or the Colorado universal preschool program pursuant to part 2 of this article 4.
5. "Enrollment contract" means a contractual agreement directly with a provider or network that assures a specified number of child care service enrollments will be made available to serve a specified number of children who qualify for child care assistance. Enrollment contracts are an allowable use of federal child care funds.
6. "Head start program" means a program operated by a local public or private nonprofit agency designated by the federal department of health and human services to operate a head start program pursuant to the provisions of Title V of the federal "Economic Opportunity Act of 1964", as amended.
7. "High-quality early childhood program" means a program that is operated by a provider with a fiscal agreement through CCCAP and that is in the top three levels of the state's quality rating and improvement system, is accredited by a department-approved accrediting body, or is an early head start or head start program that meets federal standards.
8. "Participant" means a participant, as defined in section 26-2-703 (15), in the Colorado works program.
9. "Provider" means a child care provider licensed pursuant to part 3 of article 5 of this title 26.5 that has an agreement or enrollment contract to participate in the child care assistance program.
10. "Recipient" means an individual or a family who is receiving or has received benefits from the Colorado child care assistance program pursuant to the provisions of this part 1.
11. "Regular provider reimbursement rate" means the base rate paid for child care and excludes any additional payment for additional fees that are included in the reimbursement paid to providers.
12. "Works program" means the Colorado works program established pursuant to part 7 of article 2 of title 26.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 660, § 3, effective July 1.

Editor's note: This section is similar to former § 26-2-802.5 as it existed prior to 2022.

26.5-4-104. Colorado child care assistance program - department authority - cooperation with federal government - acceptance and administration of money.

1. The department is the sole state agency for administering the state plan for the Colorado child care assistance program. The department, under the supervision of the executive director, shall administer and supervise the Colorado child care assistance program, which program is declared to be a state as well as a county purpose.
2. 1. The department may accept on behalf of the state of Colorado the provisions and benefits of acts of congress designed to provide money or other property for the Colorado child care assistance program, which money or other property is designated for purposes within the function of the department, and may accept on behalf of the state any offers that have been or may from time to time be made of money or other property by any persons, agencies, or entities for the Colorado child care assistance program, which money or other property is designated for purposes within the function of the state department; except that, unless otherwise expressly provided by law, the department shall not accept said money or other property unless the department has recommended acceptance to and received the written approval of the governor and the attorney general. Approval of the governor and the attorney general authorizes the acceptance of the money or property in accordance with the restrictions and conditions and for the purposes for which the money or property is intended.
   2. The state treasurer is designated as ex officio custodian of all money that the department receives pursuant to this subsection (2) from the federal government and from any other source for which the approval required in subsection (2)(a) of this section is obtained.
   3. The state treasurer shall hold money received pursuant to this subsection (2) separate and distinct from state money and is authorized to make disbursements of the money for the designated purpose or for administrative costs, which may be provided in grants, upon warrants issued by the state controller upon the voucher of the department.
3. The department shall cooperate with the federal department of health and human services and other federal agencies in any reasonable manner, in conformity with the laws of this state, which may be necessary to qualify for federal aid, including the preparation of state plans, the making of reports in such form and containing such information as a federal agency may from time to time require, and the compliance with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of the reports.
4. In administering money appropriated or made available to the department for the Colorado child care assistance program, the department is authorized to:
   1. Require as a condition for receiving grants-in-aid that each county in this state bear the proportion of the total expense of furnishing child care assistance as is fixed by law;
   2. Terminate grants-in-aid to a county of this state if the county does not comply with the laws and rules providing the grants-in-aid and the minimum standards prescribed by department rules;
   3. Undertake immediately the administration of child care assistance within a county of this state that has had any or all of its grants-in-aid terminated pursuant to subsection (4)(b) of this section; except that the county shall continue to meet the requirements of subsection (4)(a) of this section;
   4. Recover any money owed by a county to the state by reducing the amount of any payments due from the state in connection with CCCAP; and
   5. Take any other action that may be necessary or desirable for carrying out the provisions of this part 1.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 662, § 3, effective July 1.

26.5-4-105. Colorado child care assistance program - department duties.

1. In addition to any other duties specified in this part 1, the department, under the supervision of the executive director, shall:
   1. Administer or supervise the establishment, extension, and strengthening of the Colorado child care assistance program in cooperation with the federal department of health and human services and other state or federal agencies;
   2. Provide services to county departments, including the organization and supervision of county departments for the effective administration of CCCAP, as set out in department rules as to program scope and content, including provision of child care assistance and compilation of statistics and necessary information relative to child care assistance;
   3. Prescribe forms necessary for applications, reports, affidavits, and such other forms as it may deem necessary and advisable;
   4. Cooperate with other departments, agencies, and institutions of the state and federal governments in the performance of activities in conformity with the purposes of this part 1; and
   5. Act as the agent of the federal government in activities related to the Colorado child care assistance program in matters of mutual concern in conformity with this part 1 and in the administration of any federal money granted to the state to aid in the furtherance of CCCAP.
2. The department may review any decision of a county department and may consider any application for child care assistance upon which a decision has not been made by the county department within a reasonable time to determine the propriety of the action or failure to take timely action on an application for child care assistance. The department shall make such additional investigation as it deems necessary and shall, after giving the county department an opportunity to rebut any findings or conclusions of the department that the action or delay in taking action was a violation of or contrary to department rules, make such decision as to the granting of child care assistance and the amount thereof as in its opinion is justifiable pursuant to the provisions of this part 1 and department rules. Applicants or recipients affected by the decisions of the department, upon request, shall be given reasonable notice and opportunity for a fair hearing by the department.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 663, § 3, effective July 1.

26.5-4-106. Applications for child care assistance - verification - award - not assignable - limitation.

1. 1. An individual wishing to apply for child care assistance may do so, and the assistance shall be furnished with reasonable promptness to each eligible individual in accordance with department rules.
   2. The department rules may provide for a simplified application in order that child care assistance may be furnished to eligible persons as soon as possible and shall provide adequate safeguards and controls to ensure that only eligible persons receive child care assistance under this part 1. The unified application that the department develops pursuant to section 26.5-1-110 must at some point include application for child care assistance through CCCAP.
   3. A person seeking child care assistance must submit an application in accordance with department rule, and the department shall ensure that the application is routed to the applicant's county of residence. An application for child care assistance must:
      1. Be in writing or reduced to writing in the manner and upon the form prescribed by the department;
      2. Include the name, age, and residence of the applicant and a statement of the amount of property, both real and personal, in which the applicant has an interest and of all income the applicant may have at the time of the filing of the application, and such other information as may be required by department rule; and
      3. Be verified by the signature of the applicant.
2. 1. When a county department receives an application for child care assistance, it shall promptly make a record concerning the circumstances of the applicant to verify the facts supporting the application and shall examine all pertinent records and shall make a diligent effort to examine all records prior to granting assistance. The county department shall also verify such other information as may be required by department rule.
   2. In verifying an application received pursuant to this section, the county department shall confirm that the applicant meets the eligibility requirements for receiving public assistance specified in section 26-2-111 (1).
   3. If the information is reasonably available, the county department shall complete the verification before approving or continuing child care assistance.
   4. Within ten working days after the county department discovers a discrepancy relating to a fraudulent or suspected fraudulent act affecting eligibility, the county department shall refer the matter to the appropriate investigatory agency for investigation. The investigatory agency shall take action within thirty days following receipt of the information from the county department.
   5. The county department, the department, and the officers and authorized employees of each may conduct visits to the home of the applicant at reasonable times, make investigations and require the attendance and testimony of witnesses and the production of books, records, and papers by subpoena, and make application to the district court to compel and enforce such attendance and testimony of witnesses and the production of such books, records, and papers. Officers and employees designated by the county department or the department may administer oaths and affirmations.
3. 1. Upon completion of the verification and record of each application for child care assistance, the county department, pursuant to department rules, shall determine whether the applicant is eligible for child care assistance, the amount of child care assistance to be granted, and the beginning date of the assistance. In determining the amount of child care assistance to be granted, the county department shall take due account, pursuant to department rules, of any income or property available to the applicant and any support, either in cash or in kind, that the applicant may receive from other sources.
   2. When the eligibility, amount, and date for beginning child care assistance have been established, the county department shall make an award to or on behalf of the applicant in accordance with department rules, which award is binding on the county and shall be complied with by the county until it is modified or vacated. The county department shall at once notify the applicant and the department, in writing, of its decisions on child care assistance and the reasons for those decisions.
4. 1. A county department shall not deny child care assistance for a person who is otherwise qualified to receive child care assistance by reason of the fact that:
      1. The person is the owner of real estate occupied by the person as a residence; or
      2. The person is the owner of personal property that is exempt by the laws of Colorado from execution or attachment.
   2. The executive director by rule may establish limitations on the value of real and personal property and other resources, not included in subsection (4)(a) of this section, that may be available to an applicant or recipient without affecting eligibility for child care assistance.
   3. For child care assistance purposes, the value of residential or other real property is equal to the actual value of the property, as determined by the county assessor pursuant to article 1 of title 39.
5. A county department shall not require a person, as a condition of receiving child care assistance, to repay or promise to repay the state of Colorado any money properly paid to the person as child care assistance pursuant to the provisions of this part 1 and department rules or as public assistance pursuant to article 2 of title 26 and the rules of the state department of human services.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 664, § 3, effective July 1.

26.5-4-107. Reconsideration and changes.

1. A county department shall reconsider child care assistance awarded pursuant to this part 1 as frequently as and in the manner required by department rules. After such further verification and record as the county department may deem necessary or department rules may require, the amount of child care assistance provided may be changed, or child care assistance may be terminated, if the department or the county department finds that the recipient's circumstances have altered sufficiently to warrant such action or if changes in state or federal law have been made that would warrant such action.
2. In accordance with department rules, a county department may terminate child care assistance at any time for cause, or it may, for cause, suspend child care assistance for such period as it may deem proper. Timely notice to persons who are receiving child care assistance, but who are not eligible due to fraudulent acts, may be given five days before the date of a proposed action, in accordance with federal regulations.
3. Whenever child care assistance is terminated, suspended, or in any way changed, the county department shall at once report the decision to the recipient and to the department, setting forth the reason for the action. All such decisions are subject to review by the department in accordance with department rules.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 666, § 3, effective July 1.

26.5-4-108. Appeals.

1. 1. If a county department does not act on an application for child care assistance within a reasonable time after the application is filed, or if a county department denies an application in whole or in part, or if a county department suspends, terminates, or modifies a grant of child care assistance, the applicant or recipient, as the case may be, may appeal to the department in the manner and form prescribed by department rules. Every county department shall adopt procedures for the resolution of disputes arising between the county department and an applicant for or recipient of child care assistance prior to appeal to the department. The procedures are referred to in this section as the "dispute resolution process". Two or more counties may jointly establish the dispute resolution process. The dispute resolution process must be consistent with department rules. The dispute resolution process must include an opportunity for all clients to have a county conference, upon the applicant's or recipient's request. This requirement may be met through a telephonic conference upon the agreement of the applicant or recipient and the county department. The dispute resolution process need not conform to the requirements of section 24-4-105, as long as the department rules include provisions specifically setting forth expeditious time frames, notice, and an opportunity to be heard and to present information. If the dispute is not resolved, the applicant or recipient may appeal to the department in the manner and form prescribed by department rules. County notices to applicants or recipients must inform them of the basis for the county's decision or action and must inform them of their rights to a county conference under the dispute resolution process and of their rights to state-level appeal and the process for making the appeal.
   2. Upon receipt of an appeal, the department shall give the appellant reasonable notice and an opportunity for a fair hearing in accordance with department rules. The hearing must comply with section 24-4-105, and an administrative law judge must preside.
   3. The appellant must have an opportunity to examine all applications and pertinent records concerning the appellant that constitute a basis for the denial, suspension, termination, or modification of child care assistance.
   4. The appellant may represent himself or herself or may be represented by legal counsel, or by a relative, friend, or other spokesperson. Representation by a nonlawyer in this circumstance does not constitute the practice of law.
2. All decisions of the department are binding on the county department involved, and the county department shall comply with said decisions.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 666, § 3, effective July 1.

26.5-4-109. Provider rates - provider recruitment.

1. 1. No later than July 1, 2025, and at least every three years thereafter, the department, in consultation with county departments and child care providers, shall develop the calculation of provider rates with the goal of eventually ensuring the provider rates more accurately reflect the cost of child care rather than families' ability to pay. The department may contract for assistance in developing the calculation. The calculation must account for the cost of quality care and may vary by age group, region, and type of care. The department must ensure that the calculation of provider rates complies with federal regulations and, if required by federal law, must obtain approval before changing the calculation of or process for setting the provider rates. Before adopting a change to the provider rates or other payment policies, the department, in consultation with the county departments and providers, shall analyze the anticipated impact of the change to the Colorado child care assistance program, including the impact on the costs of services and on the families and providers that participate in CCCAP. The department shall include an analysis completed pursuant to this subsection (1)(a) in the report described in section 26.5-4-114.
   2. As soon as practicable following July 1, 2022, but no later than October 1, 2022, the executive director shall convene a working group of county departments and providers to discuss provider rates and the provider rate calculation described in subsection (1)(a) of this section.
2. The department shall establish the provider rates based on the calculation developed pursuant to subsection (1) of this section and shall update the rates on a regular basis.
3. The department shall include an explanation of the calculation of the provider rates in the report on CCCAP required pursuant to section 26.5-4-114, beginning with the report submitted on November 1, 2024, and in each subsequent report.
4. The department, working with early childhood councils as defined in section 26.5-2-202, county departments, and local coordinating organizations as defined in section 26.5-2-102 shall identify and recruit providers throughout the state to participate in the child care assistance program. In identifying and recruiting providers, the department and local coordinating organizations shall establish a mixed delivery system of public and private providers in communities throughout the state that enables parents to select CCCAP providers for their children from as broad a range as possible within their respective communities.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 667, § 3, effective July 1.

Editor's note: This section is similar to former § 26-2-803 as it existed prior to 2022.

26.5-4-110. Funding - allocation - maintenance of effort - allocation committee - rules.

1. There is created the child care assistance program allocation committee consisting of eleven members, eight of whom are appointed by a statewide association of counties and three of whom are appointed by the department. Of the members appointed by the statewide association of counties, at least two members must be from small or medium-sized counties and at least three must be from large counties, one appointee of whom must be a representative from the county that has the greatest percentage of the state's child care assistance program caseload. The appointing authorities shall consult with each other to ensure that the child care assistance program allocation committee is representative of the counties in the state. The child care assistance program allocation committee shall develop its own operational procedures.
2. 1. Starting with the 2023-24 state fiscal year, and subject to available appropriations, the department, upon receiving recommendations from the child care assistance program allocation committee, shall annually establish the amount of each county's block grant for CCCAP based on an allocation formula agreed upon by the department and the child care assistance program allocation committee. Counties are only required to spend the state CCCAP allocation and the maintenance of effort for that allocation.
   2. If the department and the child care assistance program allocation committee do not reach an agreement on the allocation formula on or before June 1 of a state fiscal year for the succeeding state fiscal year, the department and the child care assistance program allocation committee shall submit alternatives to the joint budget committee of the general assembly from which the joint budget committee shall select an allocation formula before the beginning of the succeeding state fiscal year.
3. The department, after input from the child care assistance program allocation committee, shall adopt rules regarding adjustments to the amount of a block grant, and the rules must address the following factors:
   1. The cost of living;
   2. The cost of high-quality early childhood programs;
   3. The cost of programs;
   4. The regional market rates or costs for CCCAP;
   5. Drastic economic changes;
   6. Geographic differences within a county; and
   7. Other factors as determined by the child care assistance program allocation committee.
4. The money in a county block grant allocated to a county pursuant to this section must only be used for the provision of child care services pursuant to department rules promulgated pursuant to this part 1.
5. Money transferred from the county block grant temporary assistance for needy families program pursuant to section 26-2-714 (7) to the child care development fund may be used for child care quality improvement activities as identified in the federal "Child Care and Development Block Grant Act of 2014", 42 U.S.C. sec. 9858e, as amended.
6. For state fiscal year 2005-06 and for each state fiscal year thereafter, each county is required to meet a level of county spending for CCCAP that is equal to the county's proportionate share of the total county funds set forth in the annual general appropriation act for CCCAP for that state fiscal year. The level of county spending is known as the county's maintenance of effort for CCCAP for that state fiscal year. For any state fiscal year, the department is authorized to adjust a county's maintenance of effort, reflected as a percentage of the total county funds set forth in the annual general appropriation act for CCCAP for that state fiscal year, so that the percentage equals the county's proportionate share of the total state and federal funds appropriated for CCCAP for that state fiscal year. For any state fiscal year, the sum of all counties' maintenance of effort must be equal to or greater than the total county funds set forth in the general appropriation act for the state fiscal year 1996-97 for employment-related child care.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 668, § 3, effective July 1.

Editor's note: This section is similar to former § 26-2-804 as it existed prior to 2022.

26.5-4-111. Services - eligibility - assistance provided - waiting lists - rules - exceptions from cooperating with child support establishment - repeal.

1. Subject to available appropriations and pursuant to department rules promulgated for the implementation of this part 1, a county shall provide child care assistance to a participant or any person or family whose income is not more than one hundred eighty-five percent of the federal poverty level. Subject to available appropriations and as necessary to comply with federal law or to align eligibility across early care and education programs specifically to meet the early care and education, income security, and child welfare needs of similar populations and as allowed by federal regulations, the executive director by rule may adjust the percentage of the federal poverty level used to determine child care assistance eligibility and shall revise income and verification requirements that promote alignment and simplification.
2. 1. A county may provide child care assistance for any family whose income at initial determination exceeds the requirements of subsection (1) of this section but does not exceed the maximum federal level for eligibility for services of eighty-five percent of the state median income for a family of the same size if it is serving all eligible families who have applied for CCCAP and whose income level is below that requirement.
   2. If, during a participant's, person's, or family's twelve-month eligibility period, the participant's, person's, or family's income rises to or above the level set by department rule at which the county may deny such participant, person, or family child care assistance, the county shall continue providing the current CCCAP subsidy until that participant's, person's, or family's next twelve-month redetermination.
   3. If, at the time of a participant's, person's, or family's twelve-month eligibility redetermination, the participant's, person's, or family's income rises to or above the level set by department rule at which the county may deny child care assistance, or if that income level rises above the maximum federal eligibility level of eighty-five percent of the state median income for a family of the same size, the county shall immediately notify the participant, person, or family that it is no longer eligible for CCCAP.
3. 1. Subject to available appropriations, pursuant to rules promulgated for implementation of this part 1, and except as provided in subsection (3)(b) of this section, a county shall provide child care assistance for a family transitioning off the works program due to employment or job training without requiring the family to apply for low-income child care but shall redetermine the family's eligibility within twelve months after the transition.
   2. A family that transitions off the works program must not be automatically transitioned to CCCAP pursuant to subsection (3)(a) of this section if either of the following conditions apply:
      1. The family is leaving the works program due to a violation of program requirements as defined in part 7 of article 2 of title 26 or by department rule; or
      2. The family is leaving the works program due to employment and will be at an income level that exceeds the income eligibility limit for the CCCAP.
   3. (Deleted by amendment, L. 2022.)
4. 1. 1. A recipient of child care assistance through CCCAP is responsible for paying a portion of the recipient's child care costs based upon the recipient's income and the formula developed by department rule. (4) (a) (I) A recipient of child care assistance through CCCAP is responsible for paying a portion of the recipient's child care costs based upon the recipient's income and the formula developed by department rule.
      2. Upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (4)(a)(II), for a family living at or below one hundred percent of the federal poverty level, the family copayment responsibility must be restricted to no more than one percent of the family's gross monthly income as determined based on one month of income.
      3. Pursuant to department rules and upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (4)(a)(III), income received during the past thirty days must be used in determining the copayment, unless on a case-by-case basis the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects an ability to afford the required family copayment.
   2. The executive director by rule shall establish, and at least every five years review and revise, as appropriate, a copayment schedule so that the copayment gradually increases as the family income approaches self-sufficiency income levels. This revised copayment schedule should allow families to retain a portion of their increases in income.
   3. A participant who is employed shall pay a portion of the participant's income for child care assistance under CCCAP. The participant's required copayment pursuant to the provisions of this subsection (4)(c) must be determined by a formula established by department rule that takes into consideration the factors set forth in subsections (4)(a) and (4)(b) of this section.
5. 1. On and after July 1, 2014, and except as otherwise provided in subsection (5)(b) or (5)(c) of this section, a county may require a person who receives child care assistance pursuant to this section and who is not otherwise a participant to apply, pursuant to section 26-13-106 (2), for child support establishment, modification, and enforcement services related to any support owed by obligors to their children and to cooperate with the delegate child support enforcement unit to receive these services; except that a person is not required to submit a written application for child support establishment, modification, and enforcement services if the person shows good cause to the county implementing the Colorado child care assistance program for not receiving these services.
   2. A county shall not require an applicant who is a teen parent, as defined by department rule, and who is not otherwise a participant to submit a written application for child support establishment, modification, and enforcement services as a condition of receiving child care assistance pursuant to this section until the teen parent has graduated from high school or successfully completed a high school equivalency examination. After the teen parent has been determined eligible for child care assistance and the teen parent's chosen child care provider is receiving subsidy payments, a county may require the teen parent to regularly attend, at no cost and at a location and time most convenient to the teen parent, information sessions with the county child support staff focused on understanding the benefits of child support to the child, the family as a whole, and the benefits of two-parent engagement in a child's life. Once a person who receives child care assistance pursuant to this section no longer meets the definition of a teen parent or has either graduated from high school or successfully completed a high school equivalency examination, the county may require that person to cooperate with child support establishment and enforcement as a condition of continued receipt of child care assistance. This section does not prevent a teen parent from establishing child support.
   3. 1. A county shall not require an applicant to submit a written application for child support establishment, modification, and enforcement services as a condition of receiving child care assistance or to establish good cause for not cooperating with child support establishment as a condition of receiving child care assistance if the applicant:
         1. Submits a statement that the applicant is a victim of domestic violence, as defined in section 18-6-800.3 (1) and in part 8 of article 6 of title 18; or a victim of a sexual offense, as described in part 4 of article 3 of title 18, section 18-6-301, or section 18-6-302; or a victim of harassment, as described in section 18-9-111; or a victim of stalking, as described in section 18-3-602;
         2. Indicates in that statement that the applicant fears for his or her safety or the safety of the applicant's children if the applicant were to pursue child support enforcement pursuant to section 26-13-106 (2); and
         3. Submits evidence that the applicant is a victim of domestic violence, a sexual offense, harassment, or stalking as described in subsection (5)(c)(I)(A) of this section.
      2. For purposes of subsection (5)(c)(I)(C) of this section, sufficient evidence includes, but is not limited to, evidence identified for participation in the address confidentiality program included in section 24-30-2105 (3)(c)(I) to (3)(c)(IV), or from a "victim's advocate", as defined in section 13-90-107 (1)(k)(II), from whom the applicant has sought assistance.
      3. A county may provide information about the importance of establishing child support to a victim of domestic violence, a sexual offense, harassment, or stalking who chooses not to engage in child support establishment or to pursue a good cause waiver from cooperation.
   4. The executive director shall promulgate rules for the implementation of this subsection (5), including but not limited to rules establishing good cause for not receiving these services; rules for the imposition of sanctions upon a person who fails, without good cause as determined by the county implementing the Colorado child care assistance program, to apply for child support enforcement services or to cooperate with the delegate child support enforcement unit as required by this subsection (5); and rules regarding the option of counties to make cooperation with child support establishment and enforcement a condition of receiving child care assistance for teen parents and for victims of domestic violence, sexual offense, harassment, or stalking.
   5. 1. On July 1, 2017, and every July 1 thereafter through July 1, 2025, each county department shall report to the department information related to teen parents in the Colorado child care assistance program. The executive director shall establish, by rule, criteria to be reported annually by each county, including but not limited to:
         1. The total number of cases in each county that are receiving services from a county child support services office that involve custodial parties who are nineteen years of age or younger and the number of children being served;
         2. The total number of teen parents in each county that are receiving Colorado child care assistance;
         3. For each teen parent receiving child care assistance in the county, longitudinal data indicating whether paternity has been established and whether child support has been established for the child and reported for the child from birth to age four;
         4. For each teen parent receiving child care assistance in the county, longitudinal data indicating whether the teen parent achieved economic self-sufficiency and avoided becoming a Colorado works participant while in school and reported for the child from the child's birth to age four;
         5. For each teen parent receiving child care assistance in the county, longitudinal data indicating the total amount and the percentage of child support collected for the benefit of the child and reported for the child from birth to age four.
      2. The reports filed with the department as a result of this subsection (5)(e) are public records available for public inspection.
   6. Upon notification that the relevant case management systems are capable of accommodating the provisions in subsections (5)(b) and (5)(c) of this section, the department is required to start tracking counties' compliance with subsections (5)(b) and (5)(c) of this section. The department shall notify counties when the case management systems are functional and when the tracking of compliance will begin.
   7. This subsection (5) is repealed, effective July 1, 2023.
6. Effective July 1, 2023, a county shall not require a person who applies for child care assistance pursuant to this section to participate in child support establishment, modification, and enforcement services related to any support owed by obligors to their children or to cooperate with the delegate child support enforcement unit as a condition of receiving child care assistance services. This subsection (6) does not prohibit a county from educating applicants about the benefits of child support and child support establishment, modification, and enforcement services, and how to engage in the child support process.
7. 1. For a family with a child who is enrolled in both CCCAP and a head start program or, as soon as practicable after July 1, 2023, both CCCAP and the Colorado universal preschool program, the family's CCCAP eligibility redetermination must occur no sooner than the end of the last month of the child's first full twelve-month program year of enrollment in the head start or Colorado universal preschool program. Child care assistance program eligibility redetermination for a child enrolled in both programs must occur once every twelve months thereafter.
   2. Notwithstanding the provisions of section 26-1-127 (2)(a), a family that receives child care assistance pursuant to this part 1 is not required to report income or activity changes during the twelve-month eligibility period; except that, within the twelve-month eligibility period, a family is required to report a change in income if the family's income exceeds eighty-five percent of the state median income.
   3. A parent must not be determined ineligible to receive child care assistance pursuant to this part 1 as a result of:
      1. Taking maternity leave;
      2. Being a separated spouse or parent under a validly issued temporary order for parental responsibilities or child custody where the other spouse or parent has disqualifying financial resources;
      3. Each instance of nontemporary job loss for less than ninety days; or
      4. A temporary break in eligible activity, as defined by department rule.
   4. Subject to available appropriations and pursuant to department rules promulgated for the implementation of this part 1, a parent who is enrolled in a postsecondary education program or a workforce training program is eligible for CCCAP for at least any two years of the postsecondary education or workforce training program, provided all other CCCAP eligibility requirements are met during those two years. On and after July 1, 2023, a county may only give priority for services to a working family over a family enrolled in postsecondary education or workforce training if the county does not have sufficient funding and has received approval from the department before implementing the prioritization.
   5. To provide continuous child care with the least disruption to the child, authorized child care through CCCAP must promote continuous, consistent, and regular care and must not be linked directly to a parent's employment, education, or workforce training schedule. Pursuant to department rules, the amount of child care authorized should be based on the parent's and child's needs for child care.
8. Pursuant to department rules and upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (8), income received during the past thirty days must be used in determining eligibility unless, on a case-by-case basis, the prior thirty-day period does not provide an accurate indication of anticipated income, in which case a county can require evidence of up to twelve of the most recent months of income. A family may also provide evidence of up to twelve of the most recent months of income if it chooses to do so if such evidence more accurately reflects a family's current income level.
9. A county has the authority to develop a voucher system for families enrolled in CCCAP through which they can secure relative or unlicensed child care.
10. An early care and education provider or county may conduct a pre-eligibility determination for child care assistance for a family to facilitate the determination process. The early care and education provider shall submit its pre-eligibility documentation to the county for final determination of eligibility for child care assistance. The early care and education provider or county may provide services to the family prior to final determination of eligibility, and the county shall reimburse a provider for such services only if the county determines the family is eligible for services and there is no need to place the family on a waiting list. If the family is found ineligible for services, the county shall not reimburse the early care and education provider for any services provided during the period between its pre-eligibility determination and the county's final determination of eligibility.
11. A provider or a local coordinating organization, as defined in section 26.5-2-102, may accept a family's CCCAP application and submit it to the county on behalf of a family seeking child care assistance.
12. Each county:
    1. Upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (12)(a), and pursuant to department rules, in addition to regular provider reimbursement rates, shall pay providers for care in alignment with common practices in the private market for child care. The department rules governing payment policies must allow daily reimbursement rates only for drop-in child care, back-up child care, and care that is commonly paid on a daily reimbursement basis in the child care market and must incentivize providers to promote regular program attendance.
    2. Shall maintain a current and accurate waiting list of parents who have inquired about securing a CCCAP subsidy and are likely to be eligible for CCCAP based on self-reported income and job, education, or workforce training activity if families are not able to be served at the time of application due to funding concerns. Counties may enroll families off waiting lists according to local priorities and may require an applicant to restate the applicant's intention to be kept on the waiting list every six months in order to maintain the applicant's place on the waiting list.
    3. Shall post eligibility, authorization, and administration policies and procedures so they are easily accessible and readable to a layperson. The policies must be sent to the department for compilation.
    4. May use its CCCAP allocation to provide enrollment contracts or grants to early care and education providers: To support implementation of the local community plan described in section 26.5-2-104; to increase the supply and improve the quality of child care for infants and toddlers, children with disabilities, after-hours care, and children in underserved neighborhoods; to provide stability for the early childhood sector; and to improve alignment with the provision of additional preschool services, as defined in section 26.5-4-203, to working families who need additional care;
    5. Subject to available appropriations and pursuant to department rules, and upon notification to counties by the department that the relevant case management systems, including the Colorado child care automated tracking system, are capable of accommodating this subsection (12)(e), shall use eligibility determination information from other public assistance programs and systems to determine CCCAP eligibility, including eligibility determination information used for children participating in the Colorado universal preschool program; and
    6. Shall prioritize child care assistance for certified foster parents, certified kinship foster parents, noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department, and noncertified kinship care providers that provide care for children with an open child welfare case who are not in the legal custody of a county department.
13. For children who are enrolled in both CCCAP and the Colorado universal preschool program, the executive director shall adopt rules as necessary to ensure:
    1. Funds may be combined and coordinated to the extent allowed by law at the state and local level to ensure families can seamlessly access early childhood education and services and providers face the fewest possible systems to navigate to secure payment for services; and
    2. Eligibility and authorization for services for the portions of both programs that are targeted to similar populations are aligned to the greatest extent practicable as allowed by federal regulations, including ensuring the state takes maximum advantage of flexibility in federal regulations to ensure that children who are eligible for both programs can seamlessly access the length and quality of programming that parents, children, and families need.
14. The executive director shall promulgate rules for the implementation of this part 1.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 670, § 3, effective July 1.

Editor's note: This section is similar to former § 26-2-805 as it existed prior to 2022.

26.5-4-112. Exemptions - requirements.

1. Notwithstanding any provision of section 26.5-4-111 to the contrary, an exempt family child care home provider, as defined in section 26.5-5-303, is not eligible to receive child care assistance money through CCCAP if the provider fails to meet the criteria established in section 26.5-5-326.
2. As a prerequisite to entering into a valid CCCAP contract with a county office or to being a party to any other payment agreement for the provision of care for a child whose care is funded in whole or in part with money received on the child's behalf from publicly funded state child care assistance programs, an exempt family child care home provider shall sign an attestation that affirms the provider, and any qualified adult residing in the exempt family child care home, has not been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has not entered, pursuant to part 3 or 4 of article 14 of title 15, or section 27-65-109 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the provider cannot safely operate an exempt family child care home.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 678, § 3, effective July 1.

Editor's note: This section is similar to former § 26-2-805.5 as it existed prior to 2022.

26.5-4-113. No individual entitlement.

1. Nothing in this part 1 or any rules promulgated pursuant to this part 1 creates a legal entitlement in any person to child care assistance.
2. A county shall not create nor be interpreted as having created a legal entitlement in any person to assistance pursuant to this part 1.
3. Child care assistance awarded pursuant to this part 1 is awarded and held subject to the provisions of any amending or repealing law, and a recipient does not have a claim for compensation or otherwise by reason of the recipient's child care assistance being affected in any way by an amending or repealing law.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 679, § 3, effective July 1.

Editor's note: This section is similar to former § 26-2-806 as it existed prior to 2022.

26.5-4-114. Colorado child care assistance program - reporting requirements.

1. On or before November 1, 2022, and on or before November 1 each year thereafter, the department shall prepare a report on CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the department shall provide the report to the joint budget committee of the general assembly, the public and behavioral health and human services committee of the house of representatives, and the health and human services committee of the senate, or any successor committees. The report must include, at a minimum, the following information related to benchmarks of success for CCCAP:
   1. The number of children and families served through CCCAP statewide and by county, which, beginning November 1, 2024, must include the number of children served in part-time child care through CCCAP and the number of children served in full-time child care through CCCAP, both groups disaggregated by ages from birth through thirteen years of age;
   2. The average length of time that parents remain in the workforce while receiving CCCAP subsidies, even when their income increases;
   3. The average number of months of uninterrupted, continuous care for children enrolled in CCCAP;
   4. The number and percent of all children enrolled in CCCAP who receive care at each level of the state's quality and improvement rating system;
   5. The average length of time a family is authorized for a CCCAP subsidy, disaggregated by recipients' eligible activities, such as job search, employment, workforce training, and postsecondary education;
   6. The number of families on each county's wait list as of November 1 of each year, as well as the average length of time each family remains on the wait list in each county;
   7. The number of families and children statewide and by county that exit CCCAP due to their family incomes exceeding the eligibility limits;
   8. The number of families and children statewide and by county that reenter CCCAP within two years of exiting due to their family incomes exceeding the eligibility limits;
   9. An estimate of unmet need for CCCAP in each county and throughout the state based on estimates of the number of children and families who are likely to be eligible for CCCAP in each county but who are not enrolled in CCCAP, disaggregated by estimated ages from birth through thirteen years of age; and
   10. Beginning with the report submitted November 1, 2024, and in each annual report thereafter:
       1. A year-over-year comparison of the number of children served by CCCAP to show fluctuations in the number of children served;
       2. The number of informal, license-exempt providers, in-home providers, community-based providers, and school-based providers that agree to serve children with a CCCAP subsidy compared to the total number of providers;
       3. The number of provider agreements and enrollment contracts with providers;
       4. An explanation of the calculation of the most recently adopted provider rates; and
       5. An explanation of the quality incentives made available to providers.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 679, § 3, effective July 1.

Editor's note: This section is similar to former § 26-2-809 as it existed prior to 2022.

26.5-4-115. Performance contracts.

1. 1. Each county, either acting singly or with a group of counties, shall enter into an annual performance contract with the department that identifies the county's or group of counties' and the department's duties and responsibilities in implementing the child care assistance program. The performance contract must include, but need not be limited to, requirements and provisions that address each party's duties and responsibilities to work in a collaborative manner to administer, financially support, and implement the child care assistance program using fair and objective criteria.
   2. A county or group of counties may be penalized for not meeting any obligation under the performance contract. The penalties must be identified in the performance contract and may include a reduction in a future county block grant allocation.
2. The performance contract must set forth the circumstances under which the department may elect that it or its agent assume the county's or group of counties' administration and implementation of the child care assistance program.
3. If a disagreement concerning the performance contract arises between the county or group of counties and the department, either party may request resolution of the disagreement through an independent dispute resolution process that is agreed upon by the parties. If necessary to assure services are available within the county or group of counties, the department may enter into a temporary agreement with the county or group of counties or with another public or private agent until the disagreement is resolved.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 680, § 3, effective July 1.

26.5-4-116. Recovery from recipient - estate.

1. If, at any time during the continuance of child care assistance, the recipient becomes possessed of property having a value in excess of that amount set pursuant to the provisions of section 26.5-4-106 (4) and department rules or receives any increase in income, the recipient shall notify the county department of the possession of the property or receipt of the income, and the county department may either terminate the child care assistance or alter the amount of child care assistance in accordance with the circumstances and department rules. To the extent not otherwise prohibited by state or federal law, if the recipient is found to have committed an intentional program violation, the recipient is disqualified from participation in CCCAP for twelve months for the first incident, twenty-four months for a second incident, and permanently for a third or subsequent incident. This disqualification is mandatory and is in addition to any other penalty imposed by law. Except as provided in subsections (3) and (4) of this section, any previously provided excess child care assistance to which the recipient was not entitled is recoverable by the county as a debt due to the state and the county in proportion to the amount of child care assistance paid by each respectively; except that interest is charged and paid to the county department on any sum fraudulently obtained, calculated at the legal rate and calculated from the date the sum was paid to a provider on behalf of the recipient to the date the sum is recovered. If the debt for fraudulently obtained child care assistance, fraudulently obtained overpayments of child care assistance, or excess child care assistance paid for which the recipient was ineligible has been reduced to a judgment in a court of record in this state, the county department may seek a continuing garnishment to collect the debt under article 54.5 of title 13.
2. If, upon the death or mental incompetency of any recipient, the inventory of the recipient's estate shows assets in excess of the amount that the recipient was allowed to have in order to receive child care assistance, or if it be shown that the recipient was otherwise ineligible for child care assistance, then the claim of the county and state for the excess child care assistance paid for which the recipient was ineligible, if filed as required by section 15-12-804, has priority as a debt given preference under section 15-12-805 (1)(f.7).
3. When a recipient was ineligible for child care assistance solely because of property in excess of that permitted by department rules pursuant to section 26.5-4-106 (4), the amount for which the recipient is liable is the amount by which the property exceeded the amount allowable under said rules or the total amount of child care assistance received, whichever is the lesser amount. Except as provided in subsection (4) of this section, actions for the recovery of these sums must be prosecuted by the county department or the department in a court of record that has jurisdiction.
4. The department and a county department may elect not to attempt recovery of an overpayment of child care assistance from an individual who is no longer receiving public assistance or child care assistance if the overpayment amount is less than thirty-five dollars. If the overpayment amount owed by an individual who is no longer receiving public assistance or child care assistance is thirty-five dollars or more, the department and the county department may determine, consistent with the six-year time limitation for the execution on judgments involving state debt, that it is no longer cost-effective to continue to pursue recovery of the overpayment.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 681, § 3, effective July 1.

26.5-4-117. Locating violators - recoveries.

1. The executive director or district attorneys may request and receive from departments, boards, bureaus, or other agencies of the state or any of its political subdivisions, and the same are required to provide, such assistance and data as will enable the department and county departments properly to carry out their powers and duties to locate and prosecute any person who fraudulently obtains child care assistance pursuant to this part 1. Any records established pursuant to the provisions of this section are available only to the department, the county departments, the attorney general, and the district attorneys, county attorneys, and courts having jurisdiction in fraud or recovery proceedings or actions.
2. All departments and agencies of the state and local governments shall cooperate in the location and prosecution of a person who fraudulently obtains child care assistance pursuant to this part 1, and, on request of the county or district board of human or social services, the county director, the department, or the district attorney of any judicial district in this state, shall supply all information on hand relative to the location, employment, income, and property of said persons, notwithstanding any other provision of law making the information confidential, except the laws pertaining to confidentiality of tax returns filed pursuant to law with the department of revenue. The department of revenue shall furnish at no cost to inquiring departments and agencies such information as may be necessary to effectuate the purposes of this part 1. The executive director shall, by rule, establish the procedures whereby this information is requested and provided. The department or county departments shall use such information only for the purposes of administering the Colorado child care assistance program pursuant to this part 1, and a district attorney shall use it only for the prosecution of persons who fraudulently obtain child care assistance pursuant to this part 1, and shall not use the information, or disclose it, for any other purpose.
3. A district attorney shall bill the actual costs and expenses incurred by the district attorney's office in carrying out the provisions of subsection (2) of this section to counties or a county within the judicial district in the proportions specified in section 20-1-302. Each county shall make an annual accounting to the department on all amounts recovered.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 682, § 3, effective July 1.

26.5-4-118. Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants.

1. The executive director may establish reasonable rules to provide safeguards restricting the use or disclosure of information concerning applicants, recipients, and former and potential recipients of federally aided child care assistance to purposes directly connected with the administration of the Colorado child care assistance program and related department activities and covering the custody, use, and preservation of the records, papers, files, and communications of the department and county departments. Whenever, under provisions of law, names and addresses of applicants for, recipients of, or former and potential recipients of child care assistance are furnished to or held by another agency, department of government, or an auditor conducting a financial or performance audit of a county department pursuant to section 26-1-114.5, the agency, department, or auditor is required to prevent the publication of lists and uses of the lists for purposes not directly connected with the administration of the Colorado child care assistance program.
2. 1. 1. Except as provided in subsections (2)(a)(II) and (2)(a)(III) of this section, or except as disclosure is otherwise required by statute or by rule of civil procedure for child support establishment or enforcement purposes, it is unlawful for a person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving child care assistance directly or indirectly derived from the records, papers, files, or communications of the department or county departments or subdivisions or agencies thereof or acquired in the course of the performance of official duties. A financial institution or insurance company that provides the data, whether confidential or not, required by the department, in accordance with the provisions of this subsection (2), is not liable for providing the data to the department nor for any use the department makes of the data. (2) (a) (I) Except as provided in subsections (2)(a)(II) and (2)(a)(III) of this section, or except as disclosure is otherwise required by statute or by rule of civil procedure for child support establishment or enforcement purposes, it is unlawful for a person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving child care assistance directly or indirectly derived from the records, papers, files, or communications of the department or county departments or subdivisions or agencies thereof or acquired in the course of the performance of official duties. A financial institution or insurance company that provides the data, whether confidential or not, required by the department, in accordance with the provisions of this subsection (2), is not liable for providing the data to the department nor for any use the department makes of the data.
      2. The information described in subsection (2)(a)(I) of this section may be disclosed for purposes directly connected with the administration of the Colorado child care assistance program and in accordance with this subsection (2) and with department rules.
      3. 1. Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the department shall provide the bureau with information concerning the location of any person whose name appears in the department's records who is the subject of an outstanding felony arrest warrant. Upon receipt of the information, it is the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the department. Location information provided pursuant to this section must be used solely for law enforcement purposes. The department and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the department nor its employees or agents are liable in a civil action for providing information in accordance with the provisions of this subsection (2)(a)(III)(A).
         2. As used in subsection (2)(a)(III)(A) of this section, "law enforcement agency" means an agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to a police department, a sheriff's department, a district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation.
   2. By signing an application or redetermination of eligibility form for child care assistance, an applicant authorizes the department to obtain records pertaining to information provided in that application or redetermination of eligibility form from a financial institution, as defined in section 15-15-201 (4), or from an insurance company. The application or redetermination of eligibility form must contain language clearly indicating that signing constitutes such an authorization.
   3. A county department shall not deny an applicant or discontinue a recipient due to the disclosure of assets unless and until the county department has assured that the assets taken together with other assets exceed the limit for eligibility of countable assets.
3. The applicant for or recipient of child care assistance, or the applicant's or recipient's representative, must have an opportunity to examine all applications and pertinent records concerning the applicant or recipient that constitute a basis for denial, modification, or termination of child care assistance or to examine the records in the case of a fair hearing.
4. A person who violates subsection (1) or (2) of this section commits a petty offense.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 683, § 3, effective July 1.

26.5-4-119. State income tax refund offset - rules.

1. 1. At any time prescribed by the department of revenue, but not less frequently than annually, the department shall certify to the department of revenue information regarding persons who are obligated to the state for overpayment of child care assistance. The information must include certification of the amount of overpayment, which has been determined by final agency action or has been ordered by a court as restitution or has been reduced to judgment.
   2. The information must also include the name and the social security number or tax identification number of the person obligated to the state for the overpayment, the amount of the obligation, and any other identifying information the department of revenue may require.
2. As a condition of certifying an overpayment to the department of revenue as provided in subsection (1) of this section, the department shall ensure that the obligated person has been afforded the opportunity for a conference at the county department level and the opportunity for an appeal to the department pursuant to section 26.5-4-108. In addition, the department, prior to final certification of the information specified in subsection (1) of this section to the department of revenue, shall notify the obligated person, in writing, at the person's last known address, that the state intends to refer the person's name to the department of revenue in an attempt to offset the obligation against the person's state income tax refund. The notification must inform the obligated person of the opportunity for a conference with the county department and of the opportunity for an appeal to the state department pursuant to section 26.5-4-108. In addition, the notice must specify issues that the obligated person may raise at an evidentiary conference or on appeal, as provided by this subsection (2), in objecting to the offset and must specify that the obligated person may not object to the fact that an overpayment occurred. If the obligated person desires an evidentiary conference or appeal as provided in this subsection (2), the person must request the conference or appeal within thirty days after the date on which the notice was mailed.
3. Upon receiving notice from the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108, the state department shall disburse the amounts to the appropriate county to process for distribution to the state or local agency to whom the person is obligated.
4. The executive director shall promulgate rules establishing procedures to implement this section.
5. The department shall provide the home addresses and social security numbers or tax identification numbers of persons subject to the income tax refund offset, provided to the department by the department of revenue, to the appropriate county department.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 684, § 3, effective July 1.

26.5-4-201. Short title.

The short title of this part 2 is the "Colorado Universal Preschool Program Act".

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 686, § 3, effective July 1.

26.5-4-202. Legislative declaration.

1. 1. The general assembly finds and declares that:
      1. Colorado has prioritized early learning through its investments in the Colorado preschool program, established in 1988, and full-day kindergarten, adopted in 2019;
      2. Since establishing the Colorado preschool program, Colorado has steadily increased its investment in high-quality preschool programming, securing a significant return on investment by improving child outcomes year over year by expanding access to preschool for children in low-income families and those who are at risk of entering kindergarten without being prepared to learn;
      3. State and national research demonstrate the positive and long- and short-term impacts of high-quality preschool, including improved early literacy, reduced grade retention, decreased probability of developing a significant reading deficiency, improved performance on statewide standards-based assessments, and increased rate of high school graduation;
      4. Research demonstrates that economically disadvantaged children derive greater benefits from preschool programs in states that offer universal programs than in states that offer preschool programs specifically for economically disadvantaged children;
      5. In the 2020 general election, the voters of Colorado approved proposition EE by a nearly two-to-one margin, establishing a dedicated source of funding for statewide, voluntary, universal preschool programming for children in the year preceding kindergarten and for additional preschool programming for children in low-income families and children who are at risk of entering kindergarten without being prepared to learn. With the passage of this measure, Colorado voters in rural, urban, and suburban communities have demonstrated their strong commitment to expanding access to quality preschool for children regardless of their economic circumstances.
      6. Creating a statewide mixed delivery system of preschool providers to make preschool programming universally available to children throughout Colorado compounds the benefits for children who are in low-income families and increases the ultimate social and economic benefits of high-quality preschool programming for the state as a whole.
   2. The general assembly finds, therefore, that it is in the best interests of the state and consistent with the will of the voters of Colorado to establish the Colorado universal preschool program to provide high-quality, voluntary preschool programming through a mixed delivery system for children throughout the state in the year preceding kindergarten enrollment and to provide for additional preschool services for children who are in low-income families or who meet identified qualifying factors.
2. 1. The general assembly further finds and declares that:
      1. In 2000, the voters approved section 17 of article IX of the state constitution, which requires the general assembly to annually increase, by at least the rate of inflation, the statewide base per pupil funding, as defined by the "Public School Finance Act of 1994", article 54 of title 22, for public education from preschool through twelfth grade;
      2. In the 2001-02 fiscal year and in every fiscal year since, the increases to statewide base per pupil funding have automatically applied to funding for preschool services provided by school districts, because the funding for preschool services has been calculated through the school finance formula established in article 54 of title 22, which applies to funding for public elementary and secondary education;
      3. To effectively and efficiently provide preschool services through a mixed delivery system of school- and community-based preschool providers, and to ensure that funding calculations account for the unique standards and features of preschool programs, state funding for preschool services, including preschool services for children with disabilities, must be appropriated and allocated separately from the funding for public elementary and secondary education, and, beginning in the 2023-24 fiscal year, the statewide base per pupil funding amount set annually for public elementary and secondary education will no longer apply to funding for preschool services;
      4. To continue to meet the intent of section 17 (1) of article IX of the state constitution with regard to funding for preschool services, it is appropriate for the department of early childhood to establish a per-child constitutional compliance rate for the 2023-24 fiscal year that equals the portion of the statewide base per pupil funding amount established for the 2023-24 fiscal year that applies to the number of hours of universal preschool services provided to an eligible child, and to increase the per-child constitutional compliance rate annually by the rate of inflation.
   2. The general assembly, therefore, declares that, by establishing a per-child constitutional compliance rate and ensuring that the per-child rate that the department annually establishes for universal preschool services and for preschool services provided to children who are three years of age or younger meets or exceeds the per-child constitutional compliance rate, funding for the Colorado universal preschool program substantially complies with the requirements of section 17 (1) of article IX of the state constitution.
3. 1. The general assembly further finds and declares that:
      1. In approving proposition EE, the voters supported funding for ten hours of high-quality preschool programming for all Colorado children in the year preceding kindergarten enrollment, as well as additional preschool programming for children who are at risk of entering kindergarten without being prepared to learn, including children in low-income families;
      2. Research demonstrates that participating in high-quality preschool programs helps to ensure that children in low-income families are able to enter kindergarten on par with their peers in higher-income families; and
      3. For the preschool program to serve children equitably, the state must invest in additional hours of preschool programming for children in low-income families, in addition to funding the ten hours of universal preschool services.
   2. The general assembly finds, therefore, that it is in the best interests of the state to allocate the amount appropriated for the Colorado universal preschool program to provide adequate funding for both a high-quality universal preschool program and additional preschool programming for children in low-income families.
4. The general assembly recognizes the requirement of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, to provide educational services to every three- or four-year-old child with a disability, in accordance with the child's individualized education program. The general assembly declares that, for purposes of section 17 of article IX of the state constitution, meeting the obligation of serving all three- and four-year-old children with disabilities through the Colorado universal preschool program is an important element of expanding the availability of preschool programs and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 686, § 3, effective July 1.

26.5-4-203. Definitions.

As used in this part 2, unless the context otherwise requires:

1. "Additional preschool services" means hours of preschool services provided to a child in the year preceding enrollment in kindergarten that are in addition to the universal preschool services the child receives.
2. "Charter school" means a charter school that is:
   1. A district charter school authorized pursuant to part 1 of article 30.5 of title 22, an institute charter school authorized pursuant to part 5 of article 30.5 of title 22, or a charter school authorized by the Colorado school for the deaf and the blind pursuant to section 22-80-102 (4)(b);
   2. Authorized in its charter contract to provide preschool services; and
   3. Licensed pursuant to part 3 of article 5 of this title 26.5 to operate as a preschool provider.
3. "Children with disabilities" has the same meaning as provided in section 22-20-103.
4. "Colorado universal preschool program" or "preschool program" means the program established within the department pursuant to section 26.5-4-204, and includes all participating preschool providers.
5. "Community plan" means the community plan adopted by a local coordinating organization pursuant to section 26.5-2-104.
6. "ECEA" means the "Exceptional Children's Educational Act", article 20 of title 22, and its implementing rules.
7. "Eligible child" means a child who is eligible to receive preschool services as provided in section 26.5-4-204 (3).
8. "IDEA" means the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations.
9. "Individualized education program" has the same meaning as provided in section 22-20-103.
10. "Inflation" means the annual percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.
11. "Local coordinating organization" means the entity selected by the department pursuant to section 26.5-2-103 to implement a community plan for early childhood and family support programs and services within a specified community.
12. "Mixed delivery system" means a system for delivering preschool services through a combination of school- and community-based preschool providers, which include family child care homes, child care centers, and head start agencies, that are funded by a combination of public and private money.
13. "Parent" has the same meaning as provided in section 22-20-103.
14. "Preschool provider" means any of the following entities that are licensed pursuant to part 3 of article 5 of this title 26.5:
    1. A family child care home, as defined in section 26.5-5-303;
    2. A child care center, as defined in section 26.5-5-303;
    3. A school district licensed to operate as a public preschool provider;
    4. A charter school licensed to operate as a public preschool provider; or
    5. A head start program.
15. "Qualifying factor" means a child or family circumstance, as identified by department rule pursuant to section 26.5-4-204 (4)(a)(II), that may negatively impact a child's cognitive, academic, social, physical, or behavioral health or development.
16. "School district" means a school district organized pursuant to article 30 of title 22 that provides preschool services and is licensed pursuant to part 3 of article 5 of this title 26.5 as a preschool provider; or a board of cooperative services organized pursuant to article 5 of title 22 that provides preschool services and is licensed pursuant to part 3 of article 5 of this title 26.5 as a preschool provider.
17. "Universal preschool services" means ten hours of preschool services per week made available, at no charge, to children in the state during the school year preceding the school year in which a child is eligible to enroll in kindergarten.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 688, § 3, effective July 1.

26.5-4-204. Colorado universal preschool program - created - eligibility - rules - workforce development plan.

1. There is created in the department the Colorado universal preschool program. The department shall administer the preschool program in accordance with this part 2 and shall ensure that, for the 2023-24 school year and school years thereafter, families may enroll their children in preschool providers that receive funding through the preschool program. The purposes of the preschool program are:
   1. To provide children in Colorado access to voluntary, high-quality, universal preschool services free of charge in the school year before a child enrolls in kindergarten;
   2. To provide access to additional preschool services in the school year before kindergarten eligibility for children in low-income families and children who lack overall learning readiness due to qualifying factors;
   3. To provide access to preschool services for children who are three years of age, or in limited circumstances younger than three years of age, and are children with disabilities, are in low-income families, or lack overall learning readiness due to qualifying factors; and
   4. To establish quality standards for publicly funded preschool providers that promote children's early learning and development, school readiness, and healthy beginnings.
2. For the 2023-24 school year and each school year thereafter, subject to the availability and enrollment capacity of preschool providers, parents throughout the state may enroll their children, free of charge, in ten hours per week of publicly funded preschool services for the school year preceding the school year in which the children are eligible to enroll in kindergarten. The department, working with local coordinating organizations, shall identify and recruit preschool providers throughout the state to participate in the Colorado universal preschool program. In identifying and recruiting preschool providers, the department and local coordinating organizations shall, to the extent practicable, establish a mixed delivery system in communities throughout the state that enables parents to select preschool providers for their children from as broad a range as possible within their respective communities.
3. 1. For the 2023-24 school year and for each school year thereafter:
      1. Subject to the availability and capacity of preschool providers, every child in the state may receive ten hours of preschool services per week, at no charge, during the school year preceding the school year in which the child is eligible to enroll in kindergarten.
      2. Pursuant to IDEA and ECEA, every child who is three or four years of age and is a child with disabilities must be offered preschool services in accordance with the child's individualized education program.
      3. Subject to available appropriations, a child who is three years of age, is not eligible to enroll in kindergarten in the next school year, and is in a low-income family or meets at least one qualifying factor may receive the number of hours of preschool services established by department rule.
      4. Subject to available appropriations, a community in which a school district operated a district preschool program pursuant to article 28 of title 22, as it exists prior to July 1, 2023, with a waiver to serve children under three years of age, may continue to provide preschool services for the number of hours established by department rule for the same number of children under three years of age that received preschool services in the 2022-23 school year, so long as each child who receives the preschool services is in a low-income family or meets at least one qualifying factor.
      5. Subject to available appropriations, a child who is in a low-income family or who meets at least one qualifying factor may receive additional preschool services for the number of hours established by department rule in the school year preceding the school year in which the child is eligible to enroll in kindergarten.
   2. Notwithstanding any provision of subsection (3)(a) of this section to the contrary:
      1. The state shall provide to each three- or four-year-old child with a disability whose parent enrolls the child in the preschool program an educational program in accordance with IDEA and ECEA and the child's individualized education program; and
      2. For a school year in which federal money is provided to the state to fund preschool, other than federal money provided through IDEA, the executive director may allocate said funding to provide the number of hours of preschool services allowed under federal law for all children defined as eligible under federal law.
      3. The number of hours of preschool services that an eligible child may receive pursuant to subsection (3)(a)(III) or (3)(a)(IV) of this section; except that the number of hours for an eligible child who is a child with disabilities are determined in accordance with IDEA, ECEA, and the child's individualized education program;
      4. The number of hours of additional preschool services that an eligible child may receive pursuant to subsection (3)(a)(V) of this section; except that the number of hours for an eligible child who is a child with disabilities are determined in accordance with IDEA, ECEA, and the child's individualized education program;
      5. Preschool quality standards, as provided in section 26.5-4-205;
      6. The formulas for setting the per-child rates for universal preschool services, for preschool services for children with disabilities, for preschool services for eligible children who are three years of age or younger as described in subsections (3)(a)(III) and (3)(a)(IV) of this section, and for additional preschool services, as provided in section 26.5-4-208; and
      7. Such other rules as are required in this part 2 or as may be necessary to implement the preschool program.
4. 1. The executive director shall adopt rules to implement the preschool program, which must include:

      (I) The level of income that identifies a family as being low-income for purposes of identifying children who are three years of age or younger and are eligible for preschool services and prioritizing funding for those additional preschool services. The executive director shall, to the extent practicable, ensure that the income eligibility requirements for other publicly funded child care programs are aligned with the income level set pursuant to this subsection (4)(a)(I).

      (II) The qualifying factors that a child must meet to be eligible to receive additional preschool services. The executive director shall ensure that the qualifying factors are reviewed and, as necessary, revised at least every five years. The purpose of the qualifying factors is to identify children who are at risk of entering kindergarten without being ready for school. The qualifying factors must include identification as a dual-language learner or a child with disabilities and may include such other factors as the department may identify.

   2. In adopting rules, the executive director shall, to the extent possible:
      1. Align all rules pertaining to funding and preschool provider requirements to facilitate combining and coordinating federal, state, preschool program, and child care funding to the greatest extent allowed under state and federal law and regulation; and
      2. Align preschool quality standards and requirements with the child care licensing requirements and licensing requirements for school district and charter school preschool programs, as provided in part 3 of article 5 of this title 26.5, to reduce conflicts and duplication.
5. In developing a plan for recruiting, training, and retaining a well-compensated, well-prepared, high-quality statewide early childhood workforce pursuant to section 26.5-6-101, the department shall ensure that the plan specifically addresses strategies for building and supporting the preschool workforce, especially with respect to:
   1. Simplifying the process for attaining credentials, meeting qualifications, and demonstrating professional competencies;
   2. Minimizing regulatory and administrative barriers to entry, including barriers faced by individuals who speak languages other than English;
   3. Increasing diversity in the preschool workforce;
   4. Establishing goals for increasing the qualifications of preschool teachers over time, including strategies for achieving the goal of supporting increased attainment of baccalaureate degrees in early childhood or baccalaureate degrees with supplemental early learning credentials for lead teachers employed by preschool providers; and
   5. Recruiting, compensating, providing continuing professional development for, and retaining individuals in the preschool workforce, including strategies for achieving the goal of compensating those individuals at a living wage.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 690, § 3, effective July 1.

26.5-4-205. Quality standards - evaluation - support.

1. 1. The department shall develop and the executive director shall establish by rule the quality standards that each preschool provider must meet to receive funding through the Colorado universal preschool program. The quality standards must, at a minimum, address the issues specified in this section and must reflect national and community-informed best practices with regard to school readiness, academic and cognitive development, healthy environments, social-emotional learning, and child and family outcomes. The department and the executive director shall work with families, educators, and program administrators to review and, as necessary, revise the quality standards at least every five years to ensure the standards continue to reflect national best practices and meet the other requirements specified in this section. In developing, reviewing, revising, and adopting the quality standards, the department and the executive director shall consider, at a minimum:
      1. The quality standards established for preschool providers participating in the Colorado preschool program pursuant to article 28 of title 22, as it exists prior to July 1, 2023;
      2. Nationally accepted standards for preschool programs;
      3. The child care licensing requirements established pursuant to part 3 of article 5 of this title 26.5 with which preschool providers are required to comply; and
      4. The need to ensure the availability of preschool services for eligible children throughout the state while maintaining the quality of the preschool providers.
   2. 1. Except as provided in subsection (1)(b)(II) of this section, the department shall ensure that each preschool provider that participates in the preschool program meets the quality standards established by rule in accordance with this section. The department may work with a local coordinating organization to ensure that a preschool provider meets the quality standards. The department may prohibit a preschool provider that fails to meet one or more of the quality standards from participating in the preschool program.
      2. If necessary to ensure the availability of a mixed delivery system within a community, the department may allow a preschool provider that does not meet the quality standards to participate in the preschool program for a limited time while working toward compliance with the quality standards; except that each preschool provider must meet all quality standards relating to health and safety as a condition of participating in the preschool program.
2. At a minimum, the quality standards established in rule must include:
   1. The minimum numbers of contact hours of instructional services per school year for universal preschool services for preschool services provided to children three years of age and younger, and for additional preschool services. The minimum number of contact hours of instructional services established in rule for universal preschool services must not be less than three hundred sixty hours per school year.
   2. A requirement that each preschool provider provide eligible children an equal opportunity to enroll and receive preschool services regardless of race, ethnicity, religious affiliation, sexual orientation, gender identity, lack of housing, income level, or disability, as such characteristics and circumstances apply to the child or the child's family;
   3. The maximum allowable educator-to-child ratios and group sizes, aligned with national best practices. The department, by rule, may implement a waiver process to allow a preschool provider that implements a nationally recognized preschool program model to implement the educator-to-child ratios and group sizes that support the instructional practices of the model, so long as the preschool provider meets the national standards for the model or is accredited to provide the model.
   4. Qualifications for preschool teachers. The quality standards must not require preschool teachers to be licensed pursuant to article 60.5 of title 22 and must allow a preschool provider to employ a nonlicensed preschool teacher as long as the teacher meets other qualifications established in department rule. The department shall work with the department of education to ensure that a preschool educator may meet the qualifications for preschool educators by demonstrating compliance with the qualifications for an early childhood teaching license endorsement provided by the department of education.
   5. Requirements for continuing professional development for teachers employed by a preschool provider, which must be focused on improving teacher-child interactions and quality of instruction, including improving fidelity in implementing evidence-based curricula and student outcomes, and may allow for training in early language and literacy development and the science of reading that is appropriate for early childhood education and comparable to the training required for early grade teachers pursuant to the "Colorado READ Act", part 12 of article 7 of title 22. The department shall work with the department of education to allow, to the fullest extent possible, a teacher who is licensed by the department of education to use the professional development required to renew the teaching license to also meet the professional development requirements established by the department for teachers employed by a preschool provider.
   6. Standards for preschool services that, at a minimum, are aligned with the Colorado early learning and development guidelines across all early childhood domains approved by the early childhood leadership commission and with the Colorado academic standards adopted by the state board of education pursuant to section 22-7-1005, are culturally inclusive, and are supported by the department in implementation;
   7. Standards for instructional practice that, at a minimum, must ensure that the instructional practice implemented by preschool providers:
      1. Promotes learning through developmentally appropriate practices that include a mix of structured activities and play; and
      2. Increases and supports learning using instructional practices that build on previous learning and include a focus on age-appropriate classroom environments and ongoing informal assessments of learning;
   8. Limitations on the use of, and required procedures for, out-of-school suspension and expulsion in accordance with section 22-33-106.1. In addition, to reduce the use of exclusionary discipline, the standards must reflect best practices in early childhood mental health, including promoting access to early childhood mental health consultation.
   9. Standards for family and community engagement to ensure that the preschool provider engages with parents and neighborhood leaders in a formal and meaningful way, including seeking input for policy and programming decisions;
   10. Requirements for serving children who are dual-language learners, which must, at a minimum, include:
       1. Identifying, screening, and assessing children in their home languages;
       2. Communicating with children's parents in their home languages; and
       3. Using teaching strategies that have been shown to meet the needs of children who are dual-language learners;
   11. Requirements for offering voluntary vision, hearing, dental, and health screenings, and, upon parent request, referrals to appropriate health providers for children who are enrolled by a preschool provider; and
   12. Requirements for providing voluntary developmental screenings, which must, at a minimum, include the use of valid and reliable screening tools that are developmentally, culturally, and linguistically appropriate.
3. 1. Using the procedures specified in subsection (3)(b) of this section, the department shall create a resource bank of preschool curricula for use by preschool providers. The resource bank may include only curricula that, at a minimum:
      1. Are supported by evidence that use of the curricula improves student outcomes;
      2. Are developmentally appropriate, culturally relevant, and linguistically responsive to communities being served;
      3. Promote literacy, as developmentally appropriate, based on the science of reading by providing language development, including speech sounds, vocabulary, grammar, and use, and providing developmentally appropriate instruction to support children's success in early elementary grades when receiving instruction pursuant to the "Colorado READ Act", part 12 of article 7 of title 22, in the areas of phonemic awareness; phonics; vocabulary development; reading fluency, including oral skills; and reading comprehension; and
      4. Are aligned with the Colorado early learning and development guidelines approved by the early childhood leadership commission.
   2. The department shall develop and implement a procedure for identifying the curricula it includes in the resource bank of preschool curricula. At a minimum, the procedure must include:
      1. Soliciting through public notice, accepting, and promptly reviewing curricula from preschool providers and from publishers;
      2. Evaluating the curricula that the department identifies or receives, which evaluation is based on the criteria specified in subsection (3)(a) of this section and any additional criteria specified in department rule;
      3. Providing notice to preschool providers and publishers that submit curricula concerning whether the submitted curricula was included in the resource bank and, if excluded from the resource bank, the reasons for exclusion; and
      4. Reviewing the resource bank at least every three years to update the resource bank and add curricula when appropriate. In reviewing and updating the resource bank, the department shall, at a minimum, comply with the procedures described in subsections (3)(b)(I) to (3)(b)(III) of this section.
   3. The department shall allow preschool providers and publishers to submit curricula to the department at any time to be reviewed and considered for inclusion in the resource bank, regardless of the schedule for reviewing the resource bank. The department shall review all submitted curricula in accordance with the adopted procedures described in subsection (3)(b) of this section.
   4. The department shall make the resource bank accessible to the public through the department website.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 693, § 3, effective July 1.

26.5-4-206. Preschool special education services - department collaboration - memorandum of understanding.

1. The department shall collaborate with the department of education through a memorandum of understanding as described in subsection (2) of this section to ensure all children with disabilities are served equitably in the Colorado universal preschool program, ensure access to classrooms that meet the individual needs of children with disabilities based on their individualized education programs, and ensure that preschool providers operate in accordance with federal and state law concerning education for preschool-age children with disabilities. In collaborating pursuant to this section, the department and the department of education shall, at a minimum:
   1. Support local implementation of best practices;
   2. Create training for preschool providers concerning the legal obligations for serving children with disabilities, including the responsibilities and obligations of administrative units specified in IDEA and ECEA; and
   3. Collaborate to ensure preschool services delivered through the preschool program to children with disabilities are delivered in compliance with IDEA and ECEA.
2. The department and the department of education shall enter into a memorandum of understanding that, at a minimum:
   1. Defines the roles and responsibilities of both departments, administrative units as defined in section 22-20-103, and preschool providers, recognizing that the department of education is the identified agency responsible for compliance with the part B component of IDEA, as described in section 22-20-103 (4)(b);
   2. Describes data collection and sharing responsibilities in accordance with federal requirements and timelines, ensuring that all critical data can be disaggregated, while adhering to requirements for protecting personally identifiable information;
   3. Describes each department's role in helping preschool providers and communities provide inclusive, individualized, meaningful, culturally relevant, linguistically relevant, active, and participatory learning for all children with disabilities, in accordance with each child's individualized education program;
   4. Establishes procedures for holding all preschool providers accountable for providing access and supports for children with disabilities;
   5. Recommends training programs for preschool providers in working with children with disabilities;
   6. With regard to preschool program rules, establishes processes to:
      1. Ensure that preschool program requirements are in compliance with and do not conflict with IDEA and ECEA; and
      2. Ensure preschool program rules address all legal requirements for the provision of preschool services to eligible children with disabilities.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 697, § 3, effective July 1.

26.5-4-207. Preschool program evaluation and improvement process - independent evaluator.

1. The department shall develop and implement a process for continuous evaluation and improvement of preschool providers who participate in the Colorado universal preschool program. At a minimum, the process must include a requirement that preschool providers use assessment and continuous improvement strategies that:
   1. Are implemented through a coordinated system that includes the quality standards established in department rule; curriculum; professional development; developmentally appropriate, age-appropriate, and whole-child assessment that may be based on observational assessments of children's development and classroom-based teacher-child interactions; and data collection;
   2. Support both continuous program improvement and the department's independent evaluation of the preschool program as provided in subsection (2) of this section;
   3. Are designed to inform curriculum implementation, professional development, teacher supports, and resource allocation; and
   4. Are appropriate for use with young children and for the purposes for which they are used.
2. The department shall contract with an independent evaluator to measure the success of the Colorado universal preschool program in improving the overall learning and school readiness of children who receive preschool services through the preschool program. In evaluating the success of the preschool program, the department shall ensure the independent evaluator has access to the necessary data to measure immediate and long-term child outcomes and to provide recommendations to improve teaching and learning, assess professional development inputs and outcomes, and improve teacher-child interactions. The department shall take into account the evaluations and recommendations of the independent evaluator in implementing the process for continuous evaluation and improvement described in subsection (1) of this section.
3. The department shall communicate the evaluations and recommendations of the independent evaluator to families, communities, preschool providers, local coordinating organizations, the state board of education, and the general assembly, as appropriate, to inform and improve early childhood teaching and education and policy-making related to early childhood education.
4. The department shall take into account the evaluations and recommendations of the independent evaluator in reviewing and revising the preschool quality standards pursuant to section 26.5-4-205; the plan for recruiting, training, and retaining a high-quality early childhood workforce pursuant to section 26.5-6-101; and the state goals for implementing the preschool program.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 699, § 3, effective July 1.

26.5-4-208. Preschool provider funding - per-child rates - local contribution - distribution and use of money - definitions - repeal.

1. 1. The department, in accordance with the intent specified in section 26.5-4-202 (3), shall annually establish the per-child rates for universal preschool services, for preschool services for children with disabilities, for preschool services for eligible children who are three years of age or younger as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV), and for additional preschool services. In establishing the per-child rates, the department, at a minimum, shall ensure that the per-child rate for preschool services for children with disabilities is at least equal to the greater of the per-child rate for universal preschool services or the state per pupil preschool funding rate for children with disabilities for the 2022-23 budget year, as defined in subsection (6) of this section. The department shall adopt one or more formulas for annually setting the per-child rates, which formulas must, at a minimum, take into account:
      1. The cost of providing preschool services that meet the quality standards established in department rule pursuant to section 26.5-4-205 (2);
      2. The responsibilities of the state and administrative units to meet the special education funding maintenance of effort requirements specified in IDEA;
      3. Variations in the cost of providing preschool services that result from regional differences and circumstances, which may include difficulties in achieving economies of scale in rural areas and in recruiting and retaining preschool educators; and
      4. Variations in the cost of providing preschool services that result from the characteristics of children, which must include a child's identification as a child in a low-income family, and may include, but need not be limited to, a child's identification as a dual language learner.
   2. In establishing the formulas described in subsection (1)(a) of this section and annually setting the per-child rates, the department must consider strategies to mitigate the effect of preschool funding on the availability of child care services for infants and toddlers within communities and areas in the state.
   3. In establishing the formula for additional preschool services, in addition to the considerations specified in subsection (1)(a) of this section, the department may consider the amount of local funding available to assist families within a community based on the community plan or available within an area that does not have a local coordinating organization. A preschool provider is prohibited from charging a fee for additional preschool services to a family that participates in the preschool program that exceeds the amount charged to families that do not receive additional preschool services.
   4. In addition to distributing funding based on the per-child rates established pursuant to subsection (1)(a) of this section, the department may by rule distribute funding to achieve a specified purpose, which may include funding for administrative units to provide special education services through the preschool program and funding for measures related to recruiting, training, and retaining preschool educators. The department may choose to distribute funding pursuant to this subsection (1)(d) only after the department allocates the amounts necessary to fund preschool services for eligible children who are three years of age or younger, up to the amounts described in subsection (2)(c) of this section, and to fully fund universal preschool services for all eligible children who enroll.
   5. In establishing the formulas and other distribution amounts, the department shall consult with the rules advisory council, the early childhood leadership commission, and members of the early childhood community, including parents of preschool-age children, preschool educators, preschool providers, early childhood councils, school districts, charter schools, representatives of county departments of human services and social services, local coordinating organizations, and individuals with financial expertise in public and private funding sources for early childhood services.
2. Before finalizing the per-child rates in a fiscal year, the department shall:
   1. 1. Ensure that the per-child rates for universal preschool services, for preschool services for children with disabilities, and for preschool services for eligible children who are three years of age or younger as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV) meet or exceed the constitutional compliance rate for the applicable fiscal year, as described in subsection (2)(a)(II) of this section.
      2. For the 2023-24 fiscal year, the constitutional compliance rate is forty percent of the statewide base per pupil funding that the general assembly establishes in section 22-54-104 (5)(a) for the 2023-24 fiscal year. For the 2024-25 fiscal year and each fiscal year thereafter, the constitutional compliance rate is the 2023-24 fiscal year constitutional compliance rate increased annually, beginning in the 2024-25 fiscal year, by the rate of inflation.
   2. Compare the amount of funding that the per-child rates direct toward universal preschool services with the amount of funding the rates direct toward additional preschool services and prepare an analysis of the efficacy of the balance between funding for universal preschool services and additional preschool services in optimizing support for children in low-income families and children who meet qualifying factors while ensuring high-quality universal preschool services. The department shall make the analysis available to the public.
   3. Consider the impact on the level of funding for preschool providers as a result of the per-child rates and the levels of enrollment as compared to previous state fiscal years, including state fiscal years preceding the 2023-24 state fiscal year. The department may consider a specified purpose distribution as described in subsection (1)(d) of this section to reduce any impact on the level of funding for preschool providers.
3. 1. Beginning in the 2023-24 fiscal year and for each fiscal year thereafter, the department, working with local coordinating organizations as provided in each local coordinating organization's coordinator agreement with the department, shall distribute the funding appropriated to the department for preschool services from the preschool programs cash fund and any amount received pursuant to section 26.5-4-209 (2). The department and local coordinating organizations, as applicable, shall base the amounts distributed on the per-child rates and any special purpose distributions established for the applicable fiscal year pursuant to subsection (1) of this section. At the start of each fiscal year, the department, and local coordinating organizations as applicable, shall distribute a portion of the funding to preschool providers based on the numbers and types of eligible children expected to enroll in preschool as estimated in the community plans or as estimated by the department for an area that does not have a local coordinating organization. The department and local coordinating organizations, as applicable, shall continue distributing portions of the funding periodically throughout the school year and shall adjust the amounts distributed based on the actual numbers and types of eligible children enrolled by preschool providers.
   2. The department shall ensure that funding is allocated for preschool services for eligible children who are three years of age or younger, as described in subsection (3)(c) of this section, for children with disabilities, and for all eligible children who enroll in universal preschool services before funding is allocated for additional preschool services or for specified purposes as described in subsection (1)(d) of this section. In allocating funding for additional preschool services for eligible children, the department shall first allocate funding for additional preschool services for eligible children who are in low-income families and meet at least one qualifying factor and then allocate funding for additional preschool services for the remaining eligible children who are in low-income families.
   3. 1. 1. In distributing funding for preschool services pursuant to this section for the 2023-24 fiscal year and each fiscal year thereafter, the department shall ensure that the amount of funding required to provide preschool services to all three-year-old children with disabilities who enroll in the preschool program is annually distributed to the enrolling preschool providers and the amount described in subsection (3)(c)(I)(B) of this section is distributed to provide preschool services for eligible children who are three years of age or younger, as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV). (c) (I) (A) In distributing funding for preschool services pursuant to this section for the 2023-24 fiscal year and each fiscal year thereafter, the department shall ensure that the amount of funding required to provide preschool services to all three-year-old children with disabilities who enroll in the preschool program is annually distributed to the enrolling preschool providers and the amount described in subsection (3)(c)(I)(B) of this section is distributed to provide preschool services for eligible children who are three years of age or younger, as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV).
         2. To provide services for eligible children who are three years of age or younger, the department shall annually distribute the amount allotted for the 2022-23 fiscal year to provide preschool services for children three years of age or younger through the "Colorado Preschool Program Act", article 28 of title 22, as it exists prior to July 1, 2023, calculated as an amount equal to the number of children three years of age or younger enrolled by each school district for the 2022-23 fiscal year multiplied by the per pupil funding, as described in section 22-54-104 (3) or (3.5), whichever is applicable, for the enrolling school district for the 2022-23 fiscal year.
      2. The department and local coordinating organizations, as applicable, shall distribute the funding for preschool services for children who are three years of age or younger as described in subsection (3)(c)(I)(B) of this section only to preschool providers that are school districts or charter schools for the eligible children who are three years of age and younger whom the school district or charter school enrolls in accordance with the preschool program; except that, in a fiscal year in which the general assembly specifically appropriates an amount to provide preschool services for children three years of age or younger who do not have disabilities that exceeds the amount described in subsection (3)(c)(I)(B) of this section, the department may distribute in accordance with the applicable community plans all or any portion of the excess appropriation amount to community-based preschool providers. A school district may distribute all or a portion of the amount received pursuant to this subsection (3)(c)(II) to a head start agency or community-based preschool provider that provides preschool services pursuant to a contract with the school district.
      3. Notwithstanding any provision of subsection (3)(c)(I) of this section to the contrary, in a fiscal year in which the amount described in subsection (3)(c)(I)(B) of this section to fund preschool services for children who are three years of age or younger is more than is required to fully fund the number of said eligible children who actually enroll for preschool services, the department may distribute the excess amount to fund universal preschool services, additional preschool services, or special purpose distributions in accordance with this section.
      4. In a fiscal year in which the amount described in subsection (3)(c)(I)(B) of this section to fund preschool services for children who are three years of age or younger is less than is required to fully fund the number of said eligible children who actually enroll for preschool services, the department shall first provide funding for the eligible children with disabilities and eligible children who are in low-income families and meet at least one qualifying factor and then provide funding for the remaining eligible children who are in low-income families. If any amount of the appropriation described in subsection (3)(c)(I)(B) of this section remains, the department, working with the rules advisory council, the local coordinating organizations, and any other interested persons, shall establish the priority for distributing the funding among the remaining eligible children.
4. 1. Notwithstanding any provision of this section to the contrary, if the funding that a preschool provider that is a school district or a charter school receives pursuant to this section for eligible children enrolled in the preschool program for the 2023-24 fiscal year, calculated as the per-child rates for the 2023-24 fiscal year multiplied by the number of eligible children the preschool provider enrolls for the 2023-24 fiscal year, is less than the amount of funding allotted for the 2022-23 fiscal year for the children the preschool provider enrolled through the Colorado preschool program, as it exists prior to July 1, 2023, calculated as fifty percent of the preschool provider's per pupil funding, as described in section 22-54-104 (3) or (3.5), whichever is applicable, for the 2022-23 fiscal year multiplied by the number of children the preschool provider enrolled through the Colorado preschool program and directly served for the 2022-23 fiscal year, the department shall distribute to the preschool provider for the 2023-24 fiscal year an amount equal to the difference in said amounts.
   2. Notwithstanding any provision of this section to the contrary, if the funding that a community-based preschool provider receives pursuant to this section for eligible children enrolled in the preschool program for the 2023-24 fiscal year, calculated as the per-child rates for the 2023-24 fiscal year multiplied by the number of eligible children the preschool provider enrolls for the 2023-24 fiscal year, is less than the amount of funding the community-based preschool provider received for the 2022-23 fiscal year pursuant to a contract with a school district or charter school to indirectly serve children the school district or charter school enrolled through the Colorado preschool program, as it exists prior to July 1, 2023, for the 2022-23 fiscal year, the department shall distribute to the preschool provider for the 2023-24 fiscal year an amount equal to the difference in said amounts.
   3. Any amount distributed pursuant to this subsection (4) is in addition to the amount calculated for the preschool provider for the 2023-24 fiscal year pursuant to this section.
   4. The department shall collect, and preschool providers shall provide, the information required to implement this subsection (4), which may include but need not be limited to:
      1. A school district's per pupil funding amount calculated for the 2022-23 fiscal year pursuant to section 22-54-104 (3) or (3.5), whichever is applicable;
      2. The number of pupils that a preschool provider enrolled through the Colorado preschool program, as it exists prior to July 1, 2023, for the 2022-23 fiscal year; and
      3. The amounts paid by school districts and charter schools to community-based preschool providers pursuant to contracts entered into for the 2022-23 fiscal year in accordance with the Colorado preschool program, as it exists prior to July 1, 2023.
   5. This subsection (4) is repealed, effective July 1, 2024.
5. A preschool provider that receives funding distributed pursuant to this section shall use the money only to pay the costs of providing preschool services directly to eligible children enrolled by the preschool provider or by a subcontracted preschool provider as authorized for a school district in subsection (3)(c)(II) of this section. Costs of providing preschool services include:
   1. Teacher and paraprofessional salaries and benefits;
   2. The cost of providing to teachers and paraprofessionals any professional development activities associated with the preschool services;
   3. The costs incurred in purchasing supplies and materials used in providing the preschool services;
   4. Any additional costs that a preschool provider would not have incurred but for the services provided in conjunction with the preschool services; and
   5. A reasonable allocation of overhead costs as provided by department rule.
6. As used in this section, unless the context otherwise requires:
   1. "District extended high school pupil enrollment" has the same meaning as provided in section 22-54-103.
   2. "Funded pupil count" has the same meaning as provided in section 22-54-103.
   3. "Online pupil enrollment" has the same meaning as provided in section 22-54-103.
   4. "State average per pupil funding amount" means the statewide total amount of per pupil funding, as described in section 22-54-104 (3) or (3.5), calculated for all school districts for the 2022-23 budget year divided by the statewide total funded pupil count, minus the statewide total district extended high school pupil enrollment and the statewide total online pupil enrollment, for the 2022-23 budget year.
   5. "State per pupil preschool funding rate for children with disabilities for the 2022-23 budget year" means an amount equal to the state's share percentage of statewide total program funding for all school districts calculated pursuant to the "Public School Finance Act of 1994", article 54 of title 22, for the 2022-23 budget year multiplied by the state average per pupil funding amount for the 2022-23 budget year.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 700, § 3, effective July 1.

26.5-4-209. Preschool programs cash fund - created - use.

1. 1. The preschool programs cash fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to section 24-22-118 (2), money transferred to the fund pursuant to section 39-28-116 (6), money annually transferred to the fund as provided in subsection (1)(b) of this section, and any additional money the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the preschool programs cash fund to the fund. The general assembly shall annually appropriate money in the preschool programs cash fund to the department to implement the preschool program.
   2. 1. For the 2023-24 fiscal year, the general assembly shall transfer to the preschool programs cash fund from the general fund or the state education fund created in section 17 of article IX of the state constitution an amount equal to the difference between the amount of the state share of total program calculated pursuant to article 54 of title 22 for the 2022-23 budget year, after application of the budget stabilization factor and after any mid-year adjustment, and the amount that the state share of total program, after application of the budget stabilization factor and after any mid-year adjustment, would be for the 2022-23 budget year if calculated without including the statewide preschool program enrollment, as defined in section 22-54-103, for the 2022-23 budget year and the number of three- and four-year-old pupils with disabilities receiving an educational program under the "Exceptional Children's Educational Act", article 20 of title 22, for the 2022-23 budget year.
      2. For the 2024-25 fiscal year and for each fiscal year thereafter, the general assembly shall annually transfer to the preschool programs cash fund from the general fund or the state education fund created in section 17 of article IX of the state constitution an amount equal to the amount described in subsection (1)(b)(I) of this section increased annually, beginning in the 2024-25 fiscal year, by the rate of inflation.
2. In addition to the money appropriated from the fund, the department may seek, accept, and expend public and private gifts, grants, and donations to implement the preschool program.
3. 1. The department shall prioritize the use of money appropriated from the preschool programs cash fund to provide funding for ten hours of voluntary preschool services per week, at no charge, to Colorado children during the school year preceding the school year in which a child is eligible to enroll in kindergarten, to provide funding for preschool services for children with disabilities, and to provide funding for preschool services for eligible children who are three years of age or younger as described in section 26.5-4-204 (3)(a)(III) and (3)(a)(IV).
   2. The department shall use money remaining in the preschool programs cash fund after the uses described in subsection (3)(a) of this section to provide additional preschool services for children who are in low-income families or who meet at least one qualifying factor.
4. In furtherance of the purposes set forth in subsection (3) of this section and to meet an expansion of preschool populations, in addition to the use described in subsection (3)(b) of this section, the department may use money remaining in the fund after meeting the uses described in subsection (3)(a) of this section to ensure the availability of quality, voluntary preschool services provided through a mixed delivery system by means the department deems appropriate including:
   1. Recruiting, training, and retaining early childhood education professionals;
   2. Expanding or improving the staff, facilities, equipment, technology, and physical infrastructure of preschool providers to increase preschool access;
   3. Parent and family outreach to facilitate timely and effective enrollment; and
   4. Such other uses as are consistent with and further the purpose of the preschool program.
5. The department may use money appropriated from the preschool programs cash fund for the administrative costs of local coordinating organizations.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 706, § 3, effective July 1.

Editor's note: The provisions of this section are similar to several provisions of former section 24-22-118 (3) as they existed prior to 2022. For a detailed comparison, see the comparative tables located in the back of the index.

26.5-4-210. Reporting.

1. Beginning with the hearing held in January of 2025 as part of the annual hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, the department shall report on the implementation and effectiveness of the Colorado universal preschool program in the preceding fiscal year. At a minimum, the report must include:
   1. The number of eligible children served by preschool providers, specifying:
      1. The number of eligible children who received only universal preschool services;
      2. The number of eligible children with disabilities who received preschool services;
      3. The number of eligible children three years of age and younger who received preschool services;
      4. The number of eligible children who received additional preschool services;
      5. The number and percentage of eligible children enrolled in the preschool program who were in low-income families and who met one or more qualifying factors, including identifying the qualifying factors that were met; and
      6. The demographics of the eligible children enrolled in the preschool program, including, but not limited to, race, ethnicity, disability, and income;
   2. The number of children who were eligible to receive funding for additional preschool services but did not due to insufficient funding and the amount that would have fully funded additional preschool services for all eligible children;
   3. The number of eligible children who did not enroll in preschool providers;
   4. The extent to which a mixed delivery system of preschool providers is available and the enrollment capacity of the mixed delivery system throughout the state;
   5. The amount of funding distributed to preschool providers through the preschool program, in total and disaggregated by communities with local coordinating organizations and areas of the state that do not have local coordinating organizations;
   6. The per-child rates established pursuant to section 26.5-4-208 (1) for universal preschool services, preschool services for children with disabilities, preschool services for eligible children who are three years of age or younger, and additional preschool services for the fiscal year with an explanation of the formulas for determining the per-child rates;
   7. Of the amount appropriated from the preschool programs cash fund, the amount, expressed as a dollar amount and a percentage of the total appropriation, that:
      1. Was distributed to fund universal preschool services;
      2. Was distributed to fund preschool services for children with disabilities;
      3. Was distributed to fund preschool services for eligible children three years of age and younger;
      4. Was distributed to fund additional preschool services;
      5. Was distributed for specified purposes pursuant to section 26.5-4-208 (1)(d) with an explanation of each specified purpose and the preschool providers or communities that received the distributions;
      6. Is attributable to each weighting factor, if any, included in the formulas created pursuant to section 26.5-4-208 (1); and
      7. Was spent on administrative expenses of the department and each local coordinating organization;
   8. The number of eligible children for whom additional preschool services or other full-day preschool services were provided using resources other than the money distributed through the preschool program and the sources of those resources;
   9. Quantitative data, and qualitative data if available, including student outcomes to the extent they are available, demonstrating the effectiveness of the preschool program in improving the overall learning and school readiness of children who receive preschool services through the preschool program, including the results of the independent evaluation conducted pursuant to section 26.5-4-207 (2);
   10. The changes, if any, in the availability of child care for infants and toddlers, statewide and within communities or areas, following implementation of the preschool program;
   11. Any other information that indicates the effectiveness of the preschool program in serving eligible children throughout the state; and
   12. Any recommendations for legislative or regulatory changes to improve the effectiveness of the preschool program.
2. The department may request and local coordinating organizations and preschool providers shall provide information as necessary for the department to prepare the report described in subsection (1) of this section.
3. The department shall annually publish on the department website the information provided in the report described in subsection (1) of this section.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 707, § 3, effective July 1.

26.5-4-301. Legislative declaration.

1. The general assembly finds and declares that:
   1. All children in the year before they are eligible to enroll in kindergarten should have access to social-emotional and academic supports that are important for school readiness;
   2. The state should provide a wide range of choices for families to access kindergarten readiness supports, including the option for online kindergarten readiness programs; and
   3. To receive state funding, an online kindergarten readiness program should demonstrate strong evidence of effectiveness in teaching a diverse array of children, provide evidence-based online curriculum, incorporate family engagement, and undergo periodic evaluation to measure effectiveness in preparing children to learn in kindergarten.
2. The general assembly therefore finds that, to best serve all families, it is appropriate for the state to support an online kindergarten readiness pilot program as a choice for parents who seek to access academic and readiness support services for their children in the year preceding kindergarten eligibility.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 710, § 3, effective July 1.

26.5-4-302. Online kindergarten readiness pilot program - created - survey - provider selection - funding.

1. There is created in the department the online kindergarten readiness pilot program, referred to in this part 3 as the "pilot program", to provide funding for a voluntary, online kindergarten readiness program that serves children in the year before eligibility for kindergarten enrollment. The purposes of the pilot program are to:
   1. Help ensure that, in the year before eligibility for kindergarten enrollment, children receive personalized, online support in reading, mathematics, and science that is developmentally appropriate;
   2. Provide training for parents and other family members to help them assist their children in learning; and
   3. Raise the level of kindergarten readiness for all children, including children who are in low-income families.
2. The department shall conduct a statewide survey to determine the number of families who would be interested in participating in the pilot program. The department shall compile and submit the results of the survey by December 1, 2022, to the joint budget committee of the general assembly and the office of state planning and budgeting.
3. 1. The department shall issue a request for information for a provider to make an online kindergarten readiness program available to families statewide. At a minimum, a provider must demonstrate:
      1. The ability to provide technology to families that choose to participate in the online program but do not have the appropriate technology to be able to do so;
      2. The use of a curriculum that is developmentally appropriate and evidence based and has demonstrated effectiveness in preparing children to learn in kindergarten;
      3. Strong evidence of the effectiveness of the provider's online kindergarten readiness program overall in preparing children to learn in kindergarten and in developing strong social-emotional skills in children who participate in the program; and
      4. An effective plan for recruiting families from diverse backgrounds in all geographic areas of the state to voluntarily enroll in the program.
   2. By May 1, 2023, based on the responses to the request for information, the department, subject to available appropriations for the 2023-24 fiscal year, may select and contract with a single provider to provide an online kindergarten readiness program. At a minimum, the contract must require the provider to provide statewide notice of the availability of the online kindergarten readiness program and begin enrolling families, free of charge, for the 2023-24 school year.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 710, § 3, effective July 1.

26.5-4-303. Reporting.

1. Beginning with the hearing held in January of 2025, as part of the annual hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, the department shall report on the implementation of the pilot program, including:
   1. The number of children enrolled in the pilot program for the preceding fiscal year;
   2. The number and percentage of children enrolled in the preschool program who were in low-income families and who met one or more of the qualifying factors established in department rule pursuant to section 26.5-4-204 (4)(a)(II), including identifying the qualifying factors that were met;
   3. The demographics of the children enrolled in the pilot program, including, but not limited to, race, ethnicity, disability, and income;
   4. Quantitative and, to the extent available, qualitative data, including student outcomes to the extent they are available, demonstrating the effectiveness of the pilot program in improving the overall learning and kindergarten readiness of children enrolled in the pilot program; and
   5. Any additional information necessary to determine the effectiveness of the pilot program in preparing children to learn in kindergarten.
2. The department may request and the provider shall provide information as necessary for the department to prepare the report described in subsection (1) of this section.
3. The department shall annually publish on the department website the information provided in the report described in subsection (1) of this section.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 711, § 3, effective July 1.

26.5-4-304. Repeal of part.

This part 3 is repealed, effective July 1, 2029.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 712, § 3, effective July 1.

26.5-5-101. Colorado shines quality rating and improvement system - created.

1. The Colorado shines quality rating and improvement system, referred to in this part 1 as the "Colorado shines system", is created in the department to measure the level of preparedness of and quality of services provided by an early childhood education program to prepare children to enter elementary school. The Colorado shines system must:
   1. Measure and support the elements of quality of an early childhood education program, including, but not limited to:
      1. The quality of the learning environment;
      2. The quality of adult-child interactions;
      3. Adult-to-child ratios;
      4. Provider training and education, including recognized credentials through the department's voluntary credentialing system developed pursuant to section 26.5-6-102; and
      5. Parent-involvement activities at the early care and education facility;
   2. Be variable to inform parents, counties, and other purchasers of early childhood education about the level of quality at an early childhood education program in a simple and easy-to-understand manner;
   3. Be supported by statistically valid research as a reliable measure of quality of an early childhood education program;
   4. Include a quality improvement plan that facilitates goal setting and planning related to improving program quality over time; and
   5. Have demonstrated effectiveness at improving the level of quality of early childhood education programs in geographically diverse Colorado communities.
2. The department shall periodically review and revise the quality standards established for the Colorado shines system with the goal of aligning those standards with the quality standards established pursuant to section 26.5-4-205 for preschool providers participating in the Colorado universal preschool program.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 712, § 3, effective July 1.

Editor's note: Subsection (1) is similar to former § 26-6.5-106 (5) as it existed prior to 2022.

26.5-5-102. School-readiness quality improvement program - created - rules.

1. On and after July 1, 2018, and continuing thereafter subject to sufficient and available federal funding, there is created the school-readiness quality improvement program, referred to in this section as the "program", which is administered by the department as part of the Colorado shines system. The department shall award school-readiness quality improvement funding to eligible early childhood councils identified or established throughout the state pursuant to section 26.5-2-203. The department shall award school-readiness quality improvement funding to improve the school readiness of children five years of age and younger who are enrolled in early childhood education programs. The department shall award school-readiness quality improvement funding to eligible early childhood councils based on allocations made at the discretion of the department and subject to available funding. Nothing in this section or in any rules promulgated pursuant to this section creates a legal entitlement in any early childhood council to school-readiness quality improvement funding. Money awarded must be used to improve the school readiness of children, five years of age and younger, cared for in early childhood education programs.
2. Communities throughout the state that do not have an early childhood council may identify an existing early childhood council in another community or establish a new early childhood council pursuant to sections 26.5-2-204 and 26.5-2-205 to work toward the development and implementation of a comprehensive early childhood system to ensure the school readiness of young children in the community.
3. 1. An early childhood council seeking school-readiness quality improvement funding from the department pursuant to this section must apply directly to the department in the manner specified by department rule. An early childhood council applying for school-readiness quality improvement funding pursuant to this section must develop and submit a school-readiness plan to improve the school readiness of children in the community as described in subsection (5) of this section and shall meet any additional eligibility requirements specified by department rule.
   2. Early childhood councils that receive school-readiness quality improvement funding pursuant to this section shall prioritize the distribution of the money to participating early childhood education programs that serve children five years of age or younger with risk factors associated with not being school ready, including but not limited to children living in low-income families, as specified by department rule.
4. 1. The department may provide technical assistance and financial incentives to:
      1. Programs that are rated in the Colorado shines system at a level one or two to support the programs in advancing to a level three or higher quality level; and
      2. Programs that are rated in the Colorado shines system at a level three, four, or five to support the programs in maintaining a high quality level or advancing to a higher quality level.
   2. The early childhood council may support the department with the assistance described in subsection (4)(a) of this section by providing local community outreach and engagement strategies.
5. Each early childhood council seeking to apply for school-readiness quality improvement funding pursuant to this section must prepare and submit to the department a three-year school-readiness plan that outlines strategies to improve the school readiness of children. The school-readiness plan, at a minimum, must include:
   1. A narrative that demonstrates the need to improve quality and increase the capacity for early childhood education programs in its service area;
   2. A plan that describes how the early childhood council will target and recruit programs that are rated in the Colorado shines system at a level one or higher. The early childhood council must target and recruit programs to increase the access and availability of quality child care for children participating in the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5. If the early childhood council received school-readiness quality improvement funding prior to the 2020-21 fiscal year, the early childhood council shall amend the three-year school readiness plan to comply with the requirements of this section.
   3. Strategies developed jointly with community partners to include, at a minimum, county departments of human or social services to target school-readiness quality improvement funding to improve the level of quality at participating early childhood education programs.
6. 1. The executive director shall promulgate rules for the implementation of this section, including but not limited to rules that:
      1. Specify the procedure by which an early childhood council may apply for school-readiness quality improvement funding pursuant to the program; and
      2. Specify the manner in which school-readiness quality improvement funding is distributed to early childhood councils, ensuring an equitable distribution between rural and urban communities; and
      3. Identify any additional eligibility requirements for early childhood councils seeking school-readiness quality improvement funding.
   2. At a minimum, the rules promulgated pursuant to this subsection (6) must identify a specific and measurable level of improvement in the Colorado shines system that an early childhood education program must achieve within each Colorado shines rating cycle in order to continue receiving school-readiness quality improvement funding, as well as the eligibility criteria for continued participation in the program. In addition, the department by rule may require preschool providers to attain within a Colorado shines rating cycle specific and measurable improvement on the quality standards established for preschool providers pursuant to section 26.5-4-205.
7. 1. The school-readiness quality improvement program is funded using federal child care development fund money or other federal or state money annually appropriated for the program. The department shall allocate the money to the eligible early childhood councils for distribution to early childhood education programs, as provided in this section.
   2. If money is required to match the federal child care development funds, such matching money may be from, but need not be limited to, general fund money appropriated by the general assembly, local money, or private matching money. The general assembly is not obligated to appropriate general fund money if private matching money is not available or later becomes unavailable.
   3. The department is authorized to enter into a sole-source contract with an organization to provide the following:
      1. Quality rating assessments;
      2. Technical assistance for early childhood education programs;
      3. Community infrastructure and resource development for improving the quality of early childhood education;
      4. Parent and consumer education on the importance of quality early childhood education; and
      5. Professional development activities.
8. 1. Each early childhood council shall submit a report to the department on or before August 15, 2019, and on or before August 15 each year thereafter. The report must address the quality improvement of the participating early childhood education programs and the overall effectiveness of the Colorado shines system in preparing children with identified risk factors for school. At a minimum, the report must address:

      (I) The number of early childhood education programs and children who participated in the Colorado shines system, including the number of children five years of age or younger served as a result of the school-readiness quality improvement funding in home-based programs and in center-based programs;

      (II) The baseline quality ratings of each participating early childhood education program for each Colorado shines rating cycle;

      (III) An analysis and explanation of the quality improvement strategies undertaken at each early childhood education program;

      (IV) The barriers to quality improvement that were encountered; and

      (V) Any other data required by the department.

   2. 1. On or before December 1, 2019, and on or before December 1 every three years thereafter, the department, or any private entity with which the department is authorized to contract for this purpose, shall submit a consolidated statewide report, based upon the reports prepared and submitted by the early childhood councils, addressing the items set forth in subsection (8)(a) of this section to the early childhood and school readiness legislative commission and to the members of the education committees of the house of representatives and the senate, or any successor committees.
      2. Notwithstanding section 24-1-136 (11)(a)(I), the report required in subsection (8)(b)(I) of this section continues indefinitely.
   3. Reporting early childhood councils, as well as the department or any private entity with which it may contract for reporting purposes, may draw upon the evaluations and studies prepared by a nationally recognized research firm to report on the school readiness of children in quality-rated early childhood education programs.
   4. Each early childhood council shall work with state and local agencies, such as school districts, to support efforts to track, through high school graduation, the future academic performance of children who receive services from early childhood education programs that receive funding pursuant to this section.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 713, § 3, effective July 1.

Editor's note: The provisions of this section are similar to several former provisions of § 26-6.5-106 as they existed prior to 2022. For a detailed comparison, see the comparative tables located in the back of the index.

26.5-5-103. Quality evaluation and improvement of early childhood care and education programs - use of Colorado works money.

Counties are urged to partner with for-profit or not-for-profit organizations that evaluate the quality of early childhood care and education programs in the early childhood councils and assign ratings in an effort to assess the success of such programs and to improve the ultimate delivery of early childhood care and education. Counties so partnering are further encouraged to match private investments in such early childhood care and education programs with county block grant money for Colorado works pursuant to part 7 of article 2 of title 26 and federal child care development funds in an effort to improve the overall quality of those programs. Counties so partnering are further encouraged to expend local funds to promote the objectives of this part 1 and improve the delivery of early childhood services, including the continuation of those funding sources developed to support pilot site agency activities.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 716, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-104.5 as it existed prior to 2022.

26.5-5-201. Short title.

The short title of this part 2 is the "Colorado Infant and Toddler Quality and Availability Grant Program".

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 717, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.7-101 as it existed prior to 2022.

26.5-5-202. Definitions.

As used in this part 2, unless the context otherwise requires:

1. "Colorado child care assistance program" or "CCCAP" means the Colorado child care assistance program created in part 1 of article 4 of this title 26.5.
2. "Colorado shines system" means the Colorado shines quality rating and improvement system established in section 26.5-5-101.
3. "County department" means a county or district department of human or social services.
4. "Early childhood council" means an early childhood council established pursuant to part 2 of article 2 of this title 26.5.
5. "Early childhood education program" means a child care program licensed pursuant to part 3 of this article 5 that provides child care and education to infants and toddlers living in low-income families.
6. "Grant program" means the Colorado infant and toddler quality and availability grant program created in section 26.5-5-203.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 717, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.7-102 as it existed prior to 2022.

26.5-5-203. Colorado infant and toddler quality and availability grant program - creation.

Subject to available appropriations, there is created in the department the Colorado infant and toddler quality and availability grant program. Grants are awarded through the Colorado shines system to improve quality in licensed infant and toddler care and increase the number of low-income infants and toddlers served through high-quality early childhood education programs, as well as promote voluntary family partnerships, as determined for the Colorado shines system. A program is considered "high quality" if it is rated in the top three levels of the state's Colorado shines system. Early childhood councils may apply for money through the department, which administers the program as part of the Colorado shines system. An early childhood education program that is within the service area of an early childhood council may apply to the early childhood council for money that would allow the program to increase the number of infants and toddlers living in low-income families served through high-quality early childhood education programs.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 717, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.7-103 as it existed prior to 2022.

26.5-5-204. Eligibility for grants - applications - deadlines.

1. The department shall develop an application process and issue a request for proposals for the grant program, including notification of available money to early childhood councils, eligibility criteria, proposal requirements, and award criteria.
2. An applicant to the grant program is eligible for a grant award pursuant to this part 2 if:
   1. The application is made by an early childhood council and includes strategies developed jointly with community partners, including, at a minimum, county departments of human or social services. If an early childhood council serves more than one county, it may submit a single application for the counties that make up its designated service area.
   2. The early childhood education programs to which the grant money will be distributed have achieved a quality rating pursuant to the Colorado shines system of at least a level two, or are licensed programs with a demonstrated hardship that are actively working toward achieving a Colorado shines system level two rating, and have fiscal agreements with CCCAP;
   3. The early childhood council demonstrates a need and provides a plan to improve quality and increase the capacity for early childhood education programs that serve infants and toddlers three years of age or younger in its designated service area. The early childhood education programs may be home-based or center-based.
   4. The applicant meets any other criteria set forth in the application process developed pursuant to this section.
3. Subject to available appropriations, the department shall review applications and determine which applicants will receive grants and the amount of each grant.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 718, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.7-104 as it existed prior to 2022.

26.5-5-205. Reporting requirements.

1. No later than August 15 each year, an early childhood council that receives a grant shall provide the department with an annual report concerning the outcomes of the grant. The report must include, at a minimum:
   1. A summary of data received from early childhood education programs that received grant money;
   2. The number of infants and toddlers under three years of age served because of the grant program in home-based programs and the number served in center-based programs;
   3. The length of time services were provided;
   4. A detailed description of quality improvements made using grant money;
   5. A description of how the grantee's program met the stated outcomes in its application;
   6. A summary of the number of jobs created through the grant program; and
   7. Any other data required by the department.
2. Notwithstanding section 24-1-136 (11)(a)(I), on or before December 1, 2014, and each December 1 thereafter, the department shall provide a written report on the grant program to the public health care and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees. The report must include a summary of the data received pursuant to subsection (1) of this section, the total amount of grants and grant money awarded, and the total increase in the number of infants and toddlers under three years of age served by the grant program.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 718, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.7-105 as it existed prior to 2022.

26.5-5-301. Short title.

The short title of this part 3 is the "Child Care Licensing Act".

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 719, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-101 as it existed prior to 2022.

26.5-5-302. Legislative declaration concerning the protections afforded by regulation.

1. The general assembly finds and declares that increasing numbers of children in Colorado are spending a significant portion of their day in care settings outside their own homes. The general assembly finds that regulation and licensing of child care facilities contribute to a safe and healthy environment for children. The provision of such environment affords benefits to children, their families, their communities, and the larger society. The general assembly acknowledges that there is a need to balance accessibility and quality of care when regulating child care facilities. It is the intent of the general assembly that those who regulate and those who are regulated work together to meet the needs of the children, their families, and the child care industry.
2. In balancing the needs of children and their families with the needs of the child care industry, the general assembly also recognizes the financial demands with which the department is faced in its attempt to ensure a safe and sanitary environment for those children of the state of Colorado who are in child care facilities. In an effort to reduce the risk to children outside their homes while recognizing the financial constraints placed upon the department, it is the intent of the general assembly that the limited resources available be focused primarily on those child care facilities that have demonstrated that children in their care may be at higher risk pursuant to section 26.5-5-316.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 719, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-101.4 as it existed prior to 2022.

26.5-5-303. Definitions - repeal.

As used in this part 3, unless the context otherwise requires:

1. "Affiliate of a licensee" means:
   1. Any person or entity that owns more than five percent of the ownership interest in the business operated by the licensee or the applicant for a license; or
   2. Any person who is directly responsible for the care and welfare of children served; or
   3. Any executive, officer, member of the governing board, or employee of a licensee; or
   4. A relative of a licensee, 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.
2. "Application" means a declaration of intent to obtain or continue a license for a child care facility.
3. 1. 1. "Child care center", prior to July 1, 2024, means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children, unless otherwise specified in this subsection (3)(a)(I), who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as child care centers, school-age child care centers, before- and after-school programs, kindergartens, preschools, day camps, and summer camps and includes those facilities for children under six years of age with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term does not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades. (3) (a) (I) "Child care center", prior to July 1, 2024, means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children, unless otherwise specified in this subsection (3)(a)(I), who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as child care centers, school-age child care centers, before- and after-school programs, kindergartens, preschools, day camps, and summer camps and includes those facilities for children under six years of age with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term does not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades.
      2. This subsection (3)(a) is repealed, effective July 1, 2024.
   2. "Child care center", on and after July 1, 2024, means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children, unless otherwise specified in this subsection (3)(b), who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as child care centers, school-age child care centers, before- and after-school programs, kindergartens, preschools, day camps, and summer camps, and includes those facilities for children under six years of age with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term does not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades.
4. "Child care provider", as used in section 26.5-5-325, means a licensee, or an affiliate of a licensee, when the licensee holds a license to operate a family child care home pursuant to this part 3.
5. 1. "Children's resident camp" means a facility operating for three or more consecutive twenty-four-hour days during one or more seasons of the year for the care of five or more children. The facility has as its purpose a group living experience offering education and recreational activities in an outdoor environment. The recreational experiences may occur at the permanent camp premises or on trips off the premises.
   2. A children's resident camp serves children who have completed kindergarten or are six years of age or older through children younger than nineteen years of age; except that a person nineteen years of age or twenty years of age may attend a children's resident camp if, within six months prior to attending the children's resident camp, the person has attended or has graduated from high school.
6. "Exempt family child care home provider" means a family child care home provider who is exempt from certain provisions of this part 3 pursuant to section 26.5-5-304 (1)(f).
7. "Family child care home" means a facility for child care operated with or without compensation or educational purposes in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen years who are not related to the head of such home. "Family child care home" may include infant-toddler child care homes, large child care homes, experienced provider child care homes, and such other types of family child care homes designated by department rules pursuant to section 26.5-5-314 (2)(n), as the executive director deems necessary and appropriate.
8. "Governing body" means the individual, partnership, corporation, or association in which the ultimate authority and legal responsibility is vested for the administration and operation of a child care facility.
9. "Guardian" means a person who is entrusted by law with the care of a child under eighteen years of age.
10. "Guest child care facility" means a facility operated by a ski area, as that term is defined in section 33-44-103 (6), where children are cared for:
    1. While parents or persons in charge of such child are patronizing the ski area;
    2. Fewer than ten total hours per day;
    3. Fewer than ten consecutive days per year; and
    4. Fewer than forty-five days in a calendar year, with thirty or fewer of such forty-five days occurring in either the winter or summer months.
11. "ICON" means the computerized database of court records known as the integrated Colorado online network used by the state judicial department.
12. "Kindergarten" means any facility providing an educational program for children only for the year preceding their entrance to the first grade, whether such facility is called a kindergarten, nursery school, preschool, or any other name.
13. "License" means a legal document issued pursuant to this part 3 granting permission to operate a child care facility. A license may be in the form of a provisional, probationary, permanent, or time-limited license.
14. "Licensee" means the entity or individual to which a license is issued and that has the legal capacity to enter into an agreement or contract, assume obligations, incur and pay debts, sue and be sued in its own right, and be held responsible for its actions. A licensee may be a governing body.
15. "Licensing" means the process by which the department approves a facility for the purpose of conducting business as a child care facility.
16. 1. "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 issued pursuant to this part 3 or the demotion of such a license to a probationary license.
    2. As used in this subsection (16), "final agency action" means the determination made by the department, after an opportunity for a hearing, to deny, suspend, revoke, or demote to probationary status a license issued pursuant to this part 3 or an agreement between the department and the licensee concerning the demotion of such a license to a probationary license.
17. 1. "Neighborhood youth organization" means a nonprofit organization that provides programs and services, as described in section 26-6-103.7, to children, youth, and families through comprehensive wraparound supports to ensure positive growth and development during childhood and adolescence, and is designed to serve youth as young as five years of age who are enrolled in kindergarten and as old as eighteen years of age.
    2. A neighborhood youth organization does not include faith-based centers, organizations or programs operated by state or city parks or special districts, or departments or facilities that are currently licensed as child care centers.

    (17.5) "Nonprofit organization" means an organization that is exempt from taxation pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501, as amended.

18. "Occasional care" means care of children, with or without compensation, that is provided on an infrequent and irregular basis with no apparent pattern.
19. "Person" means any corporation, partnership, association, firm, agency, institution, or individual.
20. "Place of residence" means the place or abode where a person actually lives and provides child care.
21. "Public preschool provider" means a school district, or a charter school authorized pursuant to article 30.5 of title 22, that provides a preschool program.
22. "Public services short-term child care facility" means a facility that is operated by or for a county department of human or social services or a court and that provides care for a child:
    1. While the child's parent or the person in charge of the child is conducting business with the county department of human or social services or participating in court proceedings;
    2. Fewer than ten total hours per day;
    3. Fewer than fifteen consecutive days per year; and
    4. Fewer than forty-five days in a calendar year.
23. "Related" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew, or cousin.
24. "Relative" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.
25. "Routine medications", as used in section 26.5-5-325, means any prescribed oral, topical, or inhaled medication, or unit dose epinephrine, that is administered pursuant to section 26.5-5-325.
26. "Sibling" means one or more individuals having one or both parents in common.
27. "Substitute child care provider" means a person who provides temporary care for a child or children in a licensed child care facility, including a child care center and a family child care home.
28. "Substitute placement agency" means any corporation, partnership, association, firm, agency, or institution that places or that facilitates or arranges placement of short-term or long-term substitute child care providers in licensed child care facilities providing less than twenty-four-hour care.
29. "Supervisory employee" means, as used in section 26.5-5-307:
    1. A person directly responsible for managing a guest child care facility and the employees of the facility; or
    2. A person directly responsible for managing a public services short-term child care facility and the employees of the facility.
30. "Youth member" means a youth who is five years of age and enrolled in kindergarten or who is older than five years of age and up to eighteen years of age whose parent or legal guardian has provided written consent for the youth to participate in the activities of a neighborhood youth organization.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 719, § 3, effective July 1; (17)(a), and (30) amended with relocations and (17.5) added with relocations (SB 22-064), ch. 22, p. 144, § 1, effective March 17.

26.5-5-304. Application of part - definition - repeal.

1. This part 3 does not apply to:
   1. Special schools or classes operated primarily for religious instruction or for a single skill-building purpose, as defined in department rule;
   2. A child care facility that is approved, certified, or licensed by any other state agency, or by a federal government department or agency, that has standards for operation of the facility and inspects or monitors the facility;
   3. Facilities operated in connection with a church, shopping center, or business where children are cared for during short periods of time while parents, persons in charge of such children, or employees of the church, shopping center, or business whose children are being cared for at such location are attending church services at such location or shopping, patronizing, or working on the premises of any such business;
   4. Occasional care of children that has no apparent pattern and occurs with or without compensation;
   5. The care of a child by a person in the person's private residence when the parent, guardian, or other person having legal custody of such child gives consent to such care and when the person giving such care is not regularly engaged in the business of giving such care; or
   6. 1. An individual who provides less than twenty-four-hour child care in a place of residence when one of the following conditions is met:
         1. The children being cared for are related to the caregiver, are children who are related to each other as siblings from a single family that is unrelated to the caregiver, or a combination of such children; or
         2. There are no more than four children being cared for, with no more than two children under two years of age from multiple families, regardless of the children's relation to the caregiver.
      2. An individual providing child care in a place of residence authorized pursuant to subsection (1)(f)(I) of this section shall notify the parents of the children in the individual's care that the individual is operating under a legal license exemption and that the state has not verified the health and safety of the care setting or performed background checks on the individual or anyone else residing in the residence.
      3. On or before July 1, 2021, and every year thereafter, the department shall report the number of complaints filed against child care providers who are claiming an exemption from licensing pursuant to subsection (1)(f)(I)(B) of this section.
      4. This subsection (1)(f) is repealed, effective September 1, 2026.
2. As used in this section, "short periods of time" means fewer than three hours in any twenty-four-hour period.
3. A licensee or governing body that has had its license suspended pursuant to section 24-4-104 or has received a final agency action resulting in the revocation of a license issued pursuant to this part 3 is prohibited from operating pursuant to subsection (1) of this section, except when the children being cared for are related to the caregiver.
4. The department shall provide education and information in an accessible manner on the state licensing website for child care providers who are exempt pursuant to this section but are interested in becoming a licensed child care provider.
5. On or before December 31, 2021, and ongoing thereafter, the department shall report on the portion of its state child care provider website that is accessible to families, and in an accessible and prominent manner, the name and location of any child care provider who is operating outside the exemptions described in this section and to whom one or more cease-and-desist orders have been issued. If more than one cease-and-desist order has been issued to the same provider, the website must include the total number of such orders. This requirement for website posting for child care providers who are operating outside the exemptions described in this section must be made public by electronic means, in a consumer-friendly and easily accessible format, organized by provider, and include the date or dates of the cease-and-desist order or orders.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 728, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-103 as it existed prior to 2022.

26.5-5-305. Public preschool provider - licensing - rules.

Public preschool providers are subject to the requirements of this part 3. Because of the unique circumstances presented by preschool classrooms provided by school districts and charter schools, which circumstances do not arise in classrooms for older children and youth, the department shall license public preschool providers only to protect the health and safety of children in public preschool classrooms. Notwithstanding any provision of this part 3 to the contrary, licensing for public preschool providers must focus only on those aspects of the preschool program and environment that affect children's health and safety and are not already actively regulated by other federal or state agencies or departments. The department shall align any requirements for the license related to qualifications or credentialing of program staff with the requirements for an early childhood endorsement for a license issued by the department of education pursuant to article 60.5 of title 22.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 730, § 3, effective July 1.

26.5-5-306. Substitute child care providers - substitute placement agency - licensing - rules.

1. Substitute placement agencies are subject to the requirements of this part 3. The department shall license substitute placement agencies to place or facilitate or arrange for the placement of short-term and long-term substitute child care providers in licensed facilities providing less than twenty-four-hour care.
2. The executive director shall promulgate rules for substitute placement agencies and substitute child care providers. At a minimum, the rules must require that the substitute child care provider demonstrate that the provider has the training and certification for the child care license type and position in which the substitute child care provider is placed. Pursuant to section 26.5-5-316 (1)(a)(I)(C), each substitute child care provider shall pay for and submit to a fingerprint-based criminal history record check and a review of the records and reports of child abuse or neglect maintained by the state department of human services to determine whether the substitute child care provider has been found to be responsible in a confirmed report of child abuse or neglect. When the results of a fingerprint-based criminal history record check or any other records check performed on a person pursuant to this subsection (2) reveal a record of arrest without a disposition, the department rules shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The substitute placement agency shall not place a substitute child care provider who is convicted of any of the crimes specified in section 26.5-5-309 (4) or 26.5-5-317.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 730, § 3, effective July 1; (2) amended, (HB 22-1270), ch. 114, p. 530, § 46, effective April 21.

26.5-5-307. Application of part - guest child care facilities - public services short-term child care facilities - definition.

1. Guest child care facilities and public services short-term child care facilities are subject only to the requirements of this section and are otherwise excluded from the requirements of this part 3. Each guest child care facility and each public services short-term child care facility shall post a notice in bold print and in plain view on the premises of the child care facility. The notice must specify the telephone number and address of the appropriate division within the department for investigating child care facility complaints and must state that any complaint about the guest child care facility's or the public services short-term child care facility's compliance with these requirements should be directed to such division.
2. A person or entity shall not operate a guest child care facility or a public services short-term child care facility unless the following requirements are met:
   1. The guest child care facility or public services short-term child care facility is inspected not less frequently than one time per year by the department of public health and environment, and it conforms to the sanitary standards prescribed by such department under the provisions of section 25-1.5-101 (1)(h);
   2. The guest child care facility or public services short-term child care facility is inspected not less frequently than one time per year by the local fire department, and it conforms to the fire prevention and protection requirements of the local fire department in the locality of the facility, or in lieu thereof, the division of labor standards and statistics;
   3. The guest child care facility or public services short-term child care facility retains, on the premises at all times, the records of the inspections required by subsections (2)(a) and (2)(b) of this section for the current calendar year and the immediately preceding calendar year;
   4. The guest child care facility or public services short-term child care facility retains, on the premises at all times, a record of children cared for over the course of the current calendar year and the immediately preceding calendar year;
   5. At least one supervisory employee is on duty at the guest child care facility or public services short-term child care facility at all times when the facility is operating;
   6. 1. The guest child care facility or public services short-term child care facility requires all supervisory employees of the guest child care facility or public services short-term child care facility and applicants for supervisory employee positions at the guest child care facility or public services short-term child care facility to obtain a fingerprint-based criminal history check utilizing the Colorado bureau of investigation and, for supervisory employees hired on or after August 10, 2011, the federal bureau of investigation and requests the department to ascertain whether the person being investigated has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4)(a)(I) or whether the person has been determined to have a pattern of misdemeanor convictions as described in section 26.5-5-309 (4)(a)(I)(F) and the guest child care facility or public services short-term child care facility prohibits the hiring of any such person as a supervisory employee or terminates the employment of any such person as a supervisory employee upon confirmation of such a criminal history;
      2. The guest child care facility or public services short-term child care facility requests the department to access records and reports of child abuse or neglect to determine whether the supervisory employee or applicant for a supervisory employee position has been found to be responsible in a confirmed report of child abuse or neglect and the guest child care facility or public services short-term child care facility prohibits the hiring of any such person as a supervisory employee or terminates the employment of any such person as a supervisory employee. Information shall be made available pursuant to section 19-1-307 (2)(r) and rules promulgated by the state board of human services pursuant to section 19-3-313.5 (4).
      3. 1. The guest child care facility or public services short-term child care facility requests the department to obtain a comparison search on the ICON system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the department determines is appropriate, whether or not the criminal history background check confirms a criminal history, in order to determine the crime or crimes, if any, for which the supervisory employee or applicant for a supervisory employee position was arrested or convicted and the disposition thereof; and
         2. The guest child care facility or public services short-term child care facility requests the department to obtain such information concerning the supervisory employee or applicant for a supervisory employee position from any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the executive director;
      4. When the results of a fingerprint-based criminal history record check or any other records check performed pursuant to this subsection (2)(f) reveal a record of arrest without a disposition, the guest child care facility or public services short-term child care facility shall require the supervisory employee or applicant for a supervisory employee position to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d);
   7. 1. The guest child care facility or public services short-term child care facility requires all other employees of the guest child care facility or public services short-term child care facility to obtain a fingerprint-based criminal history check utilizing the Colorado bureau of investigation and, for employees hired on or after August 10, 2011, the federal bureau of investigation and requests the department to ascertain whether the person being investigated has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4)(a)(I) or whether the person has been determined to have a pattern of misdemeanor convictions as described in section 26.5-5-309 (4)(a)(I)(F) and the guest child care facility or public services short-term child care facility terminates the employment of any such person as an employee upon confirmation of such a criminal history;
      2. The guest child care facility or public services short-term child care facility requests the department to access records and reports of child abuse or neglect to determine whether the employee has been found to be responsible in a confirmed report of child abuse or neglect and the guest child care facility or public services short-term child care facility terminates the employment of any such person. Information shall be made available pursuant to section 19-1-307 (2)(r) and rules promulgated by the state board of human services pursuant to section 19-3-313.5 (4).
      3. 1. The guest child care facility or public services short-term child care facility requests the department to obtain a comparison search on the ICON system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the department determines is appropriate, whether or not the criminal history background check confirms a criminal history, in order to determine the crime or crimes, if any, for which the employee was arrested or convicted and the disposition thereof; and
         2. The guest child care facility or public services short-term child care facility requests the department to obtain such information concerning the employee from any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the executive director; and
   8. The guest child care facility or public services short-term child care facility maintains the following employee-to-child ratios at all times when the facility is operating:
      1. One child care facility employee for every five children ages six weeks to eighteen months;
      2. One child care facility employee for every five children ages twelve months to thirty-six months;
      3. One child care facility employee for every seven children ages twenty-four months to thirty-six months;
      4. One child care facility employee for every eight children ages two and one-half years to three years;
      5. One child care facility employee for every ten children ages three years to four years;
      6. One child care facility employee for every twelve children ages four years to five years;
      7. One child care facility employee for every fifteen children ages five years of age and older; and
      8. One child care facility employee for every ten children in a mixed age group, ages two and one-half years to six years.
3. In addition to the requirements specified in subsection (2) of this section, a public services short-term child care facility shall ensure that at least one employee is on duty at the facility at all times when the facility is operating who holds a current department-approved first aid and safety certificate that includes certification in cardiopulmonary resuscitation training for all ages of children.
4. 1. If the guest child care facility or public services short-term child care facility refuses to hire a supervisory employee or terminates the employment of a supervisory employee as a result of information disclosed in an investigation of the supervisory employee or applicant for a supervisory position pursuant to subsection (2)(f) of this section, the guest child care facility or public services short-term child care facility shall not be subject to civil liability for such refusal to hire.
   2. If the guest child care facility or public services short-term child care facility terminates the employment of an employee as a result of the information disclosed in an investigation of the employee pursuant to subsection (2)(g) of this section, the guest child care facility or public services short-term child care facility shall not be subject to civil liability for such termination of employment.
5. A guest child care facility employee or supervisory employee applicant who has obtained a fingerprint-based criminal history check pursuant to subsection (2)(f) or (2)(g) of this section, or pursuant to subsection (6) of this section, is not required to obtain a new fingerprint-based criminal history check if the employee or applicant returns to a guest child care facility to work in subsequent seasons. The department shall maintain the results of the initial background check and receive subsequent notification of activity on the record for the purpose of redetermining, if necessary, whether the employee or supervisory employee applicant has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4)(a)(I), or whether the employee or supervisory employee applicant has a pattern of misdemeanor convictions as described in section 26.5-5-309 (4)(a)(I)(F), and the guest child care facility shall contact the department for information concerning subsequent convictions, if any, prior to rehiring such employee.
6. The requirements of subsections (2)(f) and (2)(g) of this section do not apply to those employees of guest child care facilities concerning whom criminal history background checks were conducted on or after July 1, 2001, and before July 1, 2002, for purposes of state child care licensure requirements.
7. As used in this section, a "guest child care facility" does not include a ski school. As used in this section, "ski school" means a school located at the ski area in which the guest child care facility is located for purposes of teaching children how to ski or snowboard.
8. The department is authorized to receive, respond to, and investigate any complaint concerning compliance with the requirements set forth in this part 3 for a guest child care facility or a public services short-term child care facility.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 730, § 3, effective July 1; (2)(f)(IV) amended, (HB 22-1270), ch. 114, p. 530, § 47, effective April 21.

26.5-5-308. Application of part - neighborhood youth organizations - rules - licensing - duties and responsibilities - definitions.

1. Notwithstanding any provision of this part 3 to the contrary, a neighborhood youth organization that is not otherwise licensed to operate under this part 3 may obtain a neighborhood youth organization license pursuant to this section. A neighborhood youth organization that obtains a license pursuant to this section is subject only to the requirements of this section and is otherwise be exempt from the requirements of this part 3.
2. The executive director shall promulgate rules to establish a neighborhood youth organization license, including but not limited to the fee required to apply for and obtain the license. The rules shall not concern staff-to-youth ratios.

   (2.5) The neighborhood youth organization's programs and services must occur primarily in a facility the neighborhood youth organization leases or owns or has been granted use of or access to.

3. A neighborhood youth organization licensed pursuant to this section and operating in the state of Colorado has the following duties and responsibilities:
   1. To inform a parent or legal guardian of the requirements of this subsection (3) and to post a notice in bold print and in plain view on the premises of the facility in which the neighborhood youth organization operates that lists the following information:
      1. The requirements of this subsection (3); and
      2. The telephone number and address of the appropriate division within the department for investigating complaints concerning a neighborhood youth organization, with the instruction that any complaint regarding the neighborhood youth organization's compliance with these requirements be directed to that division;
   2. Prior to admitting an interested youth member into the neighborhood youth organization, to require the youth member's parent or legal guardian to sign a statement authorizing the youth member to participate in the programs and services of the neighborhood youth organization;
   3. To establish a process to receive and resolve complaints from parents or legal guardians;
   4. To establish a process to report known or suspected child abuse or neglect to appropriate authorities pursuant to section 19-3-304;
   5. To maintain, either at the neighborhood youth organization or at a central administrative facility, records for each youth member admitted into the neighborhood youth organization containing, at a minimum, the following information:
      1. The youth member's full name;
      2. The youth member's date of birth;
      3. The name, address, and telephone number of a parent or legal guardian of the youth member;
      4. The name and telephone number of at least one emergency contact person for the youth member; and
      5. A parent's or legal guardian's written authorization for the youth member to attend the neighborhood youth organization;
   6. To require a youth member's parent or legal guardian to sign a statement authorizing the neighborhood youth organization to provide transportation prior to field trips or to and from the neighborhood youth organization;
   7. To follow the requirements specified in subsection (4) of this section for a fingerprint-based or other criminal history record check of each employee and volunteer who works with or will work with youth members five or more days in a calendar month;
   8. To offer programs and services that are evidence- or research-based, age-appropriate, and foster supportive relationships with peers and adults while offering character and leadership development, academic supports, job skills training, behavioral health supports, health and nutrition services, and other critical resources and services that a community identifies as necessary; and
   9. To serve all children, youth, and families, but with a focus on programs and services that ensure affordable access for low-income populations.

   (3.4) To protect the safety of youth members, a neighborhood youth organization may create an electronic or written process to record the daily arrival and departure times of youth members in order to:

   1. Track attendance;
   2. Assess the impact of programs and services on youth members; and
   3. Ensure the neighborhood youth organization operates in the best interest and safety of youth members.
   1. (3.5) (a) To protect the safety of youth members, each neighborhood youth organization shall maintain a complete set of records for youth members and personnel. Each neighborhood youth organization shall maintain the confidentiality of the following records, and such records are not subject to review by the public:
      1. Information identifying a youth member or a youth member's family;
      2. Scholastic, health, and social or psychological records, which are available only to the youth member to whom the records pertain or the youth member's parent or legal guardian;
      3. Personal references for personnel as requested by the state department; and
      4. Reports and records received from other agencies, including police and child protection investigation reports.
   2. If a central administrative facility retains records in a central file for more than one neighborhood youth organization, duplicate copies of the information described in subsections (3)(e) and (3.5)(a) of this section for youth members and personnel must also be maintained at the neighborhood youth organization location that the youth member attends and to which the staff member is assigned.
   3. Each neighborhood youth organization or central administrative facility shall maintain all required records for at least three years, including confidential records.
   4. Notwithstanding subsection (3.5)(a) of this section to the contrary, each neighborhood youth organization or central administrative facility shall make the records of personnel or youth members available upon request to authorized personnel of the state department pursuant to section 19-1-307 (2)(j.7).
   5. Neighborhood youth organizations shall cooperate with all state and local investigations regarding incidents, including but not limited to licensing violations, child abuse, and incidents affecting the health, safety, and welfare of youth members.
   6. Records concerning the licensing of neighborhood youth organization facilities and agencies are open to the public. A person who wishes to review a record must submit a written request to the state department.
4. A licensed neighborhood youth organization shall require all employees and volunteers who work directly with or will work directly with youth members five or more days in a calendar month to obtain, prior to employment, and every two years thereafter, one of the following:
   1. A fingerprint-based criminal history records check utilizing the Colorado bureau of investigation and request the department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
   2. A federal bureau of investigation fingerprint-based criminal history records check utilizing the Colorado bureau of investigation if the employee, volunteer, or applicant has resided in the state of Colorado less than two years. The neighborhood youth organization shall request the department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
   3. A comparison search by the department on the ICON system of the state judicial department or a comparison search on any other database that is recognized on a statewide basis by using the name, date of birth, and social security number information that the department determines is appropriate to determine whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
   4. A separate background check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681 et seq., that must disclose, at a minimum, sexual offenders and felony convictions and include a social security number trace, a national criminal file check, and a state or county criminal file search. The separate background check must ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
5. A person who visits or takes part in the activities of a licensed neighborhood youth organization but who is not required to obtain a criminal history record check pursuant to subsection (4) of this section must at all times be under the supervision of an employee or volunteer who has been hired or approved after obtaining a criminal history record check pursuant to subsection (4) of this section.
6. The governing board of each licensed neighborhood youth organization shall adopt minimum standards for operating the licensed neighborhood youth organization, including but not limited to standards regarding operations, health and safety, financial responsibilities, and personnel. The personnel standards must address employee and volunteer screening practices, training practices, insurance coverage, and regular assessment practices for the health and safety of youth, facilities, and child abuse prevention, which may include mandated reporting requirements, audits, and fees.
7. The department is authorized to receive, respond to, and investigate any complaint concerning compliance with the requirements set forth in this section for a licensed neighborhood youth organization.
8. A licensed neighborhood youth organization is not required to obtain or keep on file immunization records for youth members participating in the organization's activities.
9. As used in this section, unless the context otherwise requires:
   1. "Employee" means a paid employee of a neighborhood youth organization who is eighteen years of age or older.
   2. "Volunteer" means a person who volunteers assistance to a neighborhood youth organization and who is eighteen years of age or older.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 735, § 3, effective July 1; (3)(b), (3)(f), and (6) amended and (2.5), (3)(h), (3)(i), (3.4), and (3.5) added, (SB 22-064), ch. 22, p. 145, § 2, effective March 17.

26.5-5-309. Licenses - definition - rules.

1. Except as otherwise specifically provided in this part 3, a person shall not operate an agency or facility defined in this part 3 without first being licensed by the department to operate or maintain the agency or facility and paying the prescribed fee. A license issued by the department is permanent unless otherwise revoked or suspended pursuant to section 26.5-5-317.
2. The department may issue a provisional license once for a period of six months to an applicant for an original license, permitting the applicant to operate a family child care home or child care center if the applicant is temporarily unable to conform to all standards required under this part 3, upon proof by the applicant that the applicant is attempting to conform to the standards or to comply with any other requirements. The applicant has the right to appeal any standard that the applicant believes presents an undue hardship or has been applied too stringently by the department. Upon the filing of an appeal, the department shall proceed in the manner prescribed for licensee appeals in section 26.5-5-314 (5).
3. 1. The department shall not issue a license for a child care center until the facilities to be operated or maintained by the applicant or licensee are approved by the department of public health and environment as conforming to the sanitary standards prescribed by said department pursuant to section 25-1.5-101 (1)(h) and unless the facilities conform to fire prevention and protection requirements of local fire departments in the locality of the facility or, in lieu thereof, of the division of labor standards and statistics in the department of labor and employment.
   2. 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.
4. 1. 1. The department shall not issue a license to operate a family child care home or a child care center if the applicant for the license, an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been convicted of: (4) (a) (I) The department shall not issue a license to operate a family child care home or a child care center if the applicant for the license, an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been convicted of:
         1. Child abuse, as specified in section 18-6-401;
         2. A crime of violence, as defined in section 18-1.3-406;
         3. Any offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9);
         4. Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3;
         5. Any felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a license;
         6. A pattern of misdemeanor convictions, as defined by department rule, within the ten years immediately preceding the date of submission of the application;
         7. Any offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (4)(a)(I)(A) to (4)(a)(I)(F) of this section.
      2. As used in this subsection (4)(a), "convicted" means a conviction by a jury or by a court and also includes a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.
   2. The department shall determine the convictions identified in subsection (4)(a) of this section according to the records of the Colorado bureau of investigation, the ICON system at the state judicial department, or any other source, as set forth in section 26.5-5-316 (1)(a)(II). A certified copy of the judgment of a court of competent jurisdiction of such conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence of the conviction or agreement. The department shall not issue a license to operate a family child care home or a child care center if the department has a certified court order from another state indicating that the person applying for the license has been convicted of child abuse or any unlawful sexual offense against a child under a law of any other state or the United States, or the department has a certified court order from another state that the person applying for the license has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child.
5. The department shall not issue a license to operate an agency or facility defined in this part 3 if the person applying for the license or an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility, has been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-109 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the applicant is incapable of operating a family child care home or child care center. The record of the determination and entry of the order are conclusive evidence of the determination.
6. The department and the department of education shall streamline all paperwork that licensed early care and education programs and early childhood educators must complete to meet child care licensing and early childhood educator credentialing compliance requirements. The state agencies shall identify ways to share information and reports across the agencies to reduce the administrative and paperwork burden on early care and education programs and educators. The streamlining process must include a systems scan of programs and initiatives, identification of overlapping reporting requirements, and ways to reduce the administrative and paperwork burden on programs and educators.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 737, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-104 as it existed prior to 2022.

26.5-5-310. Compliance with local government zoning regulations - notice to local governments - provisional licensure - rules.

1. 1. The department shall require any child care facility seeking licensure pursuant to section 26.5-5-309 to comply with any applicable zoning and land use development regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning and land use regulations constitutes grounds for the denial of a license to a facility.
   2. Notwithstanding subsection (1)(a) of this section to the contrary, the availability of safe, affordable, and licensed family child care homes is a matter of statewide concern. Therefore, permitting fragmented regulation among jurisdictions impedes and infringes upon the department's appropriate and consistent licensing and regulation of family child care homes throughout the state. Accordingly, local governing authorities shall treat family child care homes as residential property use in the application of local regulations, including zoning, land use development, fire and life safety, sanitation, and building codes. Local governing authorities shall not impose any additional regulations governing family child care homes that do not also apply to other residential properties, provided that the foregoing does not restrict an authority's ability to prohibit, on a case-by-case basis, the operation in immediately adjacent residences of two or more large family child care homes, as that term is defined by department rules that govern the operation of family child care homes, or to manage the flow of traffic and parking related to adjacent large family child care homes. Residential use of property for zoning purposes includes all forms of residential zoning and, specifically, although not exclusively, single-family residential zoning.
2. The department shall assure that timely written notice is provided to the municipality, city and county, or county where a child care facility is situated, including the address of the facility and the population and number of persons to be served by the facility, when any of the following occurs:
   1. A person applies for a license to operate a child care facility pursuant to section 26.5-5-309; or
   2. A license is granted to operate a child care facility pursuant to section 26.5-5-309.
3. Notwithstanding any other provision of law, in the event of a zoning or other delay or dispute between a child care facility and the municipality, city and county, or county where the facility is situated, the department may grant a provisional license to the facility for up to six months pending resolution of the delay or dispute.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 743, § 3, effective July 1.

Editor's note: The provisions of this section are similar to several former provisions of § 26-6-104.5 as they existed prior to 2022. For a detailed comparison, see the comparative tables located in the back of the index.

26.5-5-311. Fees - when original applications, reapplications, and renewals for licensure are required - creation of child care licensing cash fund - rules.

1. 1. The department is authorized to establish, pursuant to rules promulgated by the executive director, permanent, time-limited, and provisional license fees and fees for continuation of a license for the following types of child care arrangements:
      1. Family child care homes, including any special type of family child care home designated by department rules pursuant to section 26.5-5-314 (2)(n), but excluding homes certified by county departments or child placement agencies;
      2. Child care centers;
      3. Children's resident camps; and
      4. Substitute placement agencies.
   2. The department may also establish fees pursuant to rules promulgated by the executive director for the following situations:
      1. Issuance of a duplicate license;
      2. Change of license due to an increase in licensing capacity or a change in the age of children served;
      3. Obtaining the criminal record of an applicant and any person living with or employed by the applicant, which may include costs associated with the taking of fingerprints;
      4. Checking the records and reports of child abuse or neglect maintained by the state department of human services for an owner, employee, or resident of a facility or agency or an applicant for a license to operate a facility or agency;
      5. Filing of appeals;
      6. Duplication of licensing records for the public;
      7. Duplication of licensing records in electronic format for the public; and
      8. Insufficient funds payment and collection of overdue fees and fines.
   3. The fees established pursuant to this subsection (1) must not exceed the direct and indirect costs incurred by the department. The department shall develop and implement an objective and systematic approach for setting, monitoring, and revising child care licensing fees by developing and using an ongoing method to track all direct and indirect costs associated with child care inspection licensing, developing a methodology to assess the relationship between licensing costs and fees, and annually reassessing costs and fees and reporting the results to the executive director. In developing a fee schedule, the department should consider the licensed capacity of facilities and the time needed to license facilities.
2. 1. The fees specified in subsection (1) of this section must be paid when application is made for any license is sought and are not subject to refund. Applications for licenses are required in the situations that are set forth in subsection (2)(b) of this section and must be made on forms prescribed by the department. Each completed application must set forth such information as required by the department. All licenses continue in force until revoked, surrendered, or expired.
   2. 1. An original application and fee are required:
         1. When an individual, partnership, corporation, or association plans to open a child care center or children's resident camp;
         2. When the child care center or children's resident camp plans to move the center or facility to a different building at a different location;
         3. When the management or governing body of a child care center or children's resident camp is acquired by a different individual, association, partnership, or corporation;
         4. When a change occurs in the operating entity of a child care center or children's resident camp resulting in a new federal employee identification number; except that, if the reason for the issuance of a new federal employee identification number is solely due to a change in the corporate structure of the operating entity and either the management or governing body of the entity remains the same as originally licensed and the entity is operating in the same facility or facilities as originally licensed, the department shall treat the entity's status as a renewal and assess the applicable renewal fee. Only newly hired employees are required to undergo criminal background checks as required in section 26.5-5-316.
         5. When a family or person plans to open a family child care home, including any special type of family child care home designated by department rules pursuant to section 26.5-5-314 (2)(n);
         6. When a family or person who operates a family child care home, including any special type of family child care home designated by department rules pursuant to section 26.5-5-314 (2)(n), moves to a new residence.
      2. The department may require and receive a reapplication and fee in the manner specified in department rules.
3. This section does not prevent a city or city and county from imposing fees in addition to those fees specified under this section.
4. The department shall transmit all fees collected pursuant to this section to the state treasurer, who shall credit the fees to the child care licensing cash fund, which is hereby created. The general assembly shall make annual appropriations from the child care licensing cash fund for expenditures incurred by the department in the performance of its duties under this part 3. The treasurer shall credit to the fund all interest derived from the deposit and investment of money in the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 744, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-105 as it existed prior to 2022.

26.5-5-312. Application forms - criminal sanctions for perjury.

1. 1. 1. All applications for the licensure of a child care facility pursuant to this part 3 must include the notice to the applicant that is set forth in subsection (1)(b) of this section. (1) (a) (I) All applications for the licensure of a child care facility pursuant to this part 3 must include the notice to the applicant that is set forth in subsection (1)(b) of this section.
      2. Every application used in the state of Colorado for employment with a child care provider or facility must include the notice to the applicant that is set forth in subsection (1)(b) of this section.
   2. Each application described in subsection (1)(a) of this section must contain the following notice to the applicant:
2. Any person applying for the licensure of a child care facility pursuant to this part 3 or any person applying to work at such a facility as an employee who knowingly or willfully makes a false statement of any material fact or thing in the application commits perjury in the second degree as defined in section 18-8-503, and, upon conviction thereof, must be punished accordingly.

Any applicant who knowingly or willfully makes a false statement of any material fact or thing in this application commits perjury in the second degree as defined in section 18-8-503, Colorado Revised Statutes, and, upon conviction thereof, shall be punished accordingly.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 747, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-105.5 as it existed prior to 2022.

26.5-5-313. Applications - materials waivers - appeals - rules.

1. A child care center that is subject to the licensing requirements of this part 3 is also subject to the provisions of this section.
2. 1. The department shall make available to licensed child care centers and include with every application form for licensure information concerning the manner in which a child care center may apply for a waiver to use certain materials in its program and curriculum. The waiver request must be included in a center's application for licensure or, in the case of a licensed child care center, may be submitted at any time.
   2. A child care center seeking a waiver for the use of certain materials must adopt a policy that:
      1. Ensures that instructors in the child care center are trained in the use of the materials in a way that provides reasonable safety provisions for use by children; and
      2. Requires parental notification of the use of the materials in the child care center and the potential safety risks associated with the materials. The policy must require the child care center to obtain signed parental consent forms acknowledging awareness of the risks in using the materials in the child care center.
3. If a licensed child care center receives notice of a violation pursuant to this part 3, information concerning the waiver and appeal process described in this section must be included in the notification to the child care center.
4. The executive director shall promulgate rules for the implementation of this section, including:
   1. The requirements for the granting of a waiver request, including the requirement that the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request;
   2. The requirements for the denial of a waiver request, including the requirement that the department make a decision on the waiver request and notify the child care center of its decision no later than sixty calendar days after receipt of the request; and
   3. The process by which a child care center may appeal a denial of a waiver request, which process must, at a minimum, provide that:
      1. Upon the receipt of a denial of a waiver request, a child care center has up to forty-five calendar days to appeal the denial decision to the department;
      2. The department shall act upon the appeal within forty-five calendar days;
      3. The department shall provide notice of its decision on the appeal within ten calendar days after its decision to the appealing child care center; and
      4. The appealing child care center has the right to meet in person with department personnel concerning the appeal.
5. Whenever practicable, the department shall use the same inspector for:
   1. Multiple visits to a single child care center seeking a waiver pursuant to this section; or
   2. Multiple visits to two or more individually licensed child care centers that are wholly owned, operated, and controlled by a common ownership group.
6. The department shall not post a denial of a waiver made pursuant to this section on its website until the appeal is final.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 747, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-105.7 as it existed prior to 2022.

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:
   1. The operation and conduct of the facility or agency and the responsibility it assumes for child care;
   2. 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;
   3. The general financial ability and competence of the applicant for a license to provide necessary care for children and to maintain prescribed standards;
   4. The number of individuals or staff required to ensure adequate supervision and care of children served;
   5. 1. 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.
      2. 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.
      3. 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.
   6. Keeping of records for food, clothing, equipment, and individual supplies;
   7. Provisions to safeguard the legal rights of children served;
   8. Maintenance of records pertaining to the admission, progress, health, and discharge of children;
   9. Filing of reports with the department;
   10. Discipline of children;
   11. Standards for the appropriateness, safety, and adequacy of transportation services of children to and from child care centers;
   12. 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:
       1. 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;
       2. Children over twenty-four months of age are required to be immunized in accordance with part 9 of article 4 of title 25;
   13. 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
   14. 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. 1. 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".
   2. 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.
   3. 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.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 749, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-106 as it existed prior to 2022.

26.5-5-315. Staffing during emergency circumstances - definitions.

1. During an emergency circumstance, a child care center may permit an employee who has successfully completed criminal background check requirements but is not a qualified caregiver to supervise children for not more than two hours while the child care center secures a qualified caregiver.
2. Notwithstanding subsection (1) of this section, a large child care center, as defined by department rule, or a child care center that operates on the property of a school district, district charter school, or institute charter school, may permit an employee of the child care center or an employee of the school district, district charter school, or institute charter school who has successfully completed criminal background check requirements but is not a qualified caregiver to supervise children for an amount of time that is reasonably necessary to address an emergency circumstance.
3. During an emergency circumstance, a child care center shall maintain the staff-to-child ratio required by rule of the executive director.
4. As used in this section, unless the context otherwise requires, "emergency circumstance" includes, but is not limited to, illness, death, accident, law enforcement action, road closure, hazardous weather, emergency bodily function, child elopement, or providing emergency attention or care to a child.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 755, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-106.2 as it existed prior to 2022.

26.5-5-316. Investigations and inspections - local authority - reports - rules.

1. 1. 1. The department shall investigate and pass on each original application for a license, each application for a permanent or time-limited license following the issuance of a probationary or provisional license, and each application for renewal, to operate a facility or an agency prior to granting the license or renewal. As part of the investigation, the department shall require each individual, including but not limited to the applicant, any owner, employee, newly hired employee, licensee, and any adult who is eighteen years of age and older who resides in the licensed facility to obtain a fingerprint-based criminal history record check by reviewing any record that is used to assist the department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4) or any other felony. The executive director shall promulgate rules that define and identify what the criminal history record check entails.
      2. Rules promulgated by the executive director pursuant to this subsection (1)(a)(I) must allow an exemption from the fingerprint-based criminal history record check and the check of the records and reports of child abuse or neglect maintained by the state department of human services for those out-of-state employees working in Colorado at a children's resident camp in a temporary capacity for a camp that is in operation for fewer than ninety days. Each person so exempted from fingerprinting and the check of the records and reports of child abuse or neglect maintained by the state department of human services shall sign a statement that affirmatively states that the person has not been convicted of any charge of child abuse, unlawful sexual offense, or any felony. Prospective employers of exempted persons shall conduct reference checks of the prospective employees in order to verify previous work history and shall conduct personal interviews with each prospective employee.
      3. Rules promulgated by the executive director pursuant to this subsection (1)(a)(I) must require the fingerprint-based criminal history record check in all circumstances, other than those identified in subsection (1)(a)(I)(B) or (1)(a)(I)(D) of this section, to include a fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation and, for any new owner, new applicant, newly hired employee, new licensee, or individual who begins residing in the licensed facility. As part of the investigation, the records and reports of child abuse or neglect maintained by the state department of human services must be accessed to determine whether the owner, applicant, employee, newly hired employee, licensee, or individual who resides in the licensed facility being investigated has been found to be responsible in a confirmed report of child abuse or neglect. Information is made available pursuant to section 19-1-307 (2)(j) and rules promulgated by the state board of human services pursuant to section 19-3-313.5 (4). Except as provided in subsection (1)(a)(I)(D) of this section, any change in ownership of a licensed facility or the addition of a new resident adult or newly hired employee to the licensed facility requires a new investigation as provided in this section.
      4. When two or more individually licensed facilities are wholly owned, operated, and controlled by a common ownership group or school district, a fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect maintained by the state department of human services, completed for one of the licensed facilities of the common ownership group or school district pursuant to this section for any individual for whom such a check is required under this part 3 may satisfy the record check requirement for any other licensed facility under the same common ownership group or school district. A new fingerprint-based criminal history record check or new check of the records and reports of child abuse or neglect maintained by the state department of human services is not required of such an individual if the common ownership group or school district maintains a central records management system for employees of all its licensed facilities; takes action as required pursuant to section 26.5-5-309 when informed of the results of a fingerprint-based criminal history record check or check of the records and reports of child abuse or neglect maintained by the state department of human services that requires action pursuant to this part 3; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control.
      5. The executive director shall promulgate rules to implement this subsection (1)(a)(I).
         1. A comparison search on the ICON system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the department determines is appropriate for each circumstance in which the fingerprint check conducted by the Colorado bureau of investigation either does not confirm a criminal history or confirms a criminal history, in order to determine the crime or crimes for which the person was arrested or convicted and the disposition thereof;
         2. Any other recognized database, if any, that is accessible on a statewide basis as set forth by department rules; and
         3. When the results of an investigation performed pursuant to subsection (1)(a)(I) of this section or this subsection (1)(a)(II) reveal a record of arrest without a disposition, a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
   2. 1. When the department is able to certify that the applicant or licensee is competent and will operate adequate facilities to care for children under the requirements of this part 3 and that standards are being met and will be complied with, it shall issue the license for which applied. The department shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license is granted and shall thereafter inspect or cause to be inspected the facilities of all licensees that, during the period of licensure, have been found to be the subject of complaints or to be out of compliance with the standards set forth in section 26.5-5-314 and department rules or that otherwise appear to be placing children at risk. The department may make such other inspections as it deems necessary to ensure that the requirements of this part 3 are being met and that the health, safety, and welfare of the children being placed are protected.
      2. The executive director shall adopt rules concerning the on-site public availability of the most recent inspection report results of child care center facilities and family child care home facilities, when requested. The executive director shall also adopt rules concerning a requirement that all facilities licensed under this part 3 post their licenses and information regarding the procedures for filing a complaint under this part 3 directly with the department, which rules must require that each such facility display its license and complaint procedures in a prominent and conspicuous location at all times during operational hours of the facility.
      3. If, as a result of an inspection of a licensed child care center facility or family child care home facility, the department determines that there were no serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 3, within twenty days after completing the inspection the department shall send a written notice to the facility indicating such fact. Within ten days after receipt of the written notice, the licensee shall provide a copy of the written notice to the parents and legal guardians of the children cared for at the child care center facility or family child care home facility.
2. When the department receives a serious complaint about a child care facility licensed pursuant to this part 3 alleging the immediate risk of health or safety of the children cared for in such facility, the department shall respond to the complaint and conduct an on-site investigation concerning the complaint within forty-eight hours after its receipt.
3. 1. 1. Except as otherwise provided in subsection (3)(a)(II) of this section, the department may authorize or contract with any county department, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children to investigate and inspect the facilities applying for an original or renewal license or applying for a permanent license following the issuance of a probationary or provisional license under this part 3 and may accept reports on such investigations and inspections from such agencies or organizations as a basis for such licensing. When contracting for investigations and inspections, the department shall assure that the contractor is qualified by training and experience and has no conflict of interest with respect to the facilities to be inspected. (3) (a) (I) Except as otherwise provided in subsection (3)(a)(II) of this section, the department may authorize or contract with any county department, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children to investigate and inspect the facilities applying for an original or renewal license or applying for a permanent license following the issuance of a probationary or provisional license under this part 3 and may accept reports on such investigations and inspections from such agencies or organizations as a basis for such licensing. When contracting for investigations and inspections, the department shall assure that the contractor is qualified by training and experience and has no conflict of interest with respect to the facilities to be inspected.
      2. The department shall not authorize or contract with any county department, the county department of health, or any other publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children for investigations and inspections described in subsection (3)(a)(I) of this section of any facilities that provide twenty-four-hour care and are licensed pursuant to this part 3.
   2. A city, county, or city and county may impose and enforce higher standards and requirements for facilities licensed under this part 3 than the standards and requirements specified under this part 3.
4. Every facility licensed under this part 3 shall keep and maintain such records as the department may prescribe pertaining to the admission, progress, health, and discharge of children under the care of the facility, and shall report relative thereto to the department whenever called for, upon forms prescribed by the department. The facility and the department shall keep all records regarding children and all facts learned about children and their relatives confidential.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 755, § 3, effective July 1; (1)(a)(II)(C) amended, (HB 22-1270), ch. 114, p. 531, § 50, effective April 21.

26.5-5-317. Denial of license - suspension - revocation - probation - refusal to renew license - fines.

1. When an application for a license has been denied by the department, the department shall notify the applicant in writing of the denial by mailing a notice to the applicant at the address shown on the application. Any applicant who is aggrieved by the denial may pursue the remedy for review as provided in subsection (9) of this section if the applicant, within thirty days after receiving the notice, petitions the department to set a date and place for hearing, affording the applicant an opportunity to be heard in person or by counsel. All hearings on the denial of licenses shall be conducted in conformity with the provisions and procedures specified in article 4 of title 24, as in the case of the suspension and revocation of licenses.
2. The department may deny an application, or suspend, revoke, or make probationary the license of any facility regulated and licensed under this part 3 or assess a fine against the licensee pursuant to section 26.5-5-323 if the licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility:
   1. Is convicted of any felony, other than those offenses specified in section 26.5-5-309 (4), or child abuse, as specified in section 18-6-401, the record of conviction being conclusive evidence thereof, notwithstanding section 24-5-101; or have entered into a deferred judgment agreement or a deferred prosecution agreement to any felony, other than those offenses specified in section 26.5-5-309 (4) or child abuse, as specified in section 18-6-401; or should the department have a certified court order from another state indicating that the applicant, licensee, person employed by the licensee, or any person residing with the licensee has been convicted of a felony, other than those offenses specified in section 26.5-5-309 (4), under a law of any other state or the United States or has entered into a deferred judgment agreement or a deferred prosecution agreement in another state as to a felony, other than those offenses specified in section 26.5-5-309 (4); or
   2. Is convicted of third degree assault, as described in section 18-3-204; any misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3; the violation of a protection order, as described in section 18-6-803.5; any misdemeanor offense of child abuse as defined in section 18-6-401; or any misdemeanor offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in this subsection (2)(b). As used in this subsection (2)(b), "convicted" has the same meaning as set forth in section 26.5-5-309 (4)(a)(II).
   3. Is determined to be insane or mentally incompetent by a court of competent jurisdiction and, if a court enters, pursuant to part 3 or part 4 of article 14 of title 15, or section 27-65-109 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of operating a family child care home or child care center, the record of such determination and entry of such order being conclusive evidence thereof; or
   4. Uses any controlled substance, as defined in section 18-18-102 (5), including retail marijuana, or consumes any alcoholic beverage during the operating hours of the facility or is under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility; or
   5. Is convicted of unlawful use of a controlled substance as specified in section 18-18-404; unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance as specified in section 18-18-403.5 or 18-18-405; or unlawful offenses relating to marijuana or marijuana concentrate as specified in section 18-18-406; or
   6. Consistently fails to maintain standards prescribed and published by the department; or
   7. Furnishes or makes any misleading or any false statement or report to the department; or
   8. Refuses to submit to the department any reports or refuses to make available to the department any records required by it in making investigation of the facility for licensing purposes; or
   9. Fails or refuses to submit to an investigation or inspection by the department or to admit authorized representatives of the department at any reasonable time for the purpose of investigation or inspection; or
   10. Fails to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for child care pursuant to standards prescribed by the department of public health and environment and the department or by ordinances or regulations applicable to the location of such facility; or
   11. Willfully or deliberately violates any of the provisions of this part 3 or any of the standards prescribed and published in department rule pursuant to this part 3; or
   12. Fails to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provision for personal care, medical services, clothing, and other essentials in the proper care of children; or
   13. Is charged with the commission of an act of child abuse or an unlawful sexual offense, as specified in section 18-3-411 (1), if:
       1. Such individual has admitted committing the act or offense and the admission is documented or uncontroverted; or
       2. The administrative law judge finds that such charge is supported by substantial evidence; or
   14. Admits to an act of child abuse or if substantial evidence is found that the licensee, person employed by the licensee, or person who resides with the licensee in the licensed facility has committed an act of child abuse. As used in this subsection (2)(n), "child abuse" has the same meaning as that ascribed to the term "abuse" or "child abuse or neglect" in section 19-1-103 (1); or
   15. Is the subject of a negative licensing action.
3. The department may deny an application to renew a license based on the grounds set forth in subsection (2) of this section. The denial is effective upon the expiration of the existing license. The existing license does not continue in effect even though the applicant for renewal files a request for hearing or appeal.
4. The department may deny an application for a child care facility license pursuant to this part 3 if the applicant is a relative affiliate of a licensee of a child care facility licensed pursuant to this part 3, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the department that may result in a negative licensing action.
5. 1. 1. The department shall deny an application for a license under the circumstances described in section 26.5-5-309 (4). The department shall revoke or suspend a license previously issued if: (5) (a) (I) The department shall deny an application for a license under the circumstances described in section 26.5-5-309 (4). The department shall revoke or suspend a license previously issued if:
         1. The licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of any of the criminal offenses set forth in section 26.5-5-309 (4); or
         2. The department has a certified court order from another state indicating that the licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted of, or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of a criminal offense under a law of any other state or of the United States that is similar to any of the criminal offenses set forth in section 26.5-5-309 (4); or
         3. The licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and the court has entered pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-109 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of operating a family child care home or child care center, the record of the determination and entry of the order being conclusive evidence thereof.
      2. As used in this subsection (5)(a), "convicted" means a conviction by a jury or by a court and includes a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.
   2. A certified copy of the judgment of a court of competent jurisdiction of such conviction or deferred judgment and sentence agreement, deferred prosecution agreement, deferred adjudication agreement, or a certified court order from another state indicating such an agreement from another state is prima facie evidence of such conviction or agreement.
6. The department shall deny an application for an entity licensed under this part 3 and shall revoke the license of an entity licensed under this part 3 if the entity cultivates marijuana pursuant to the authority in section 16 of article XVIII of the state constitution.
7. The department may assess fines, pursuant to the provisions of section 26.5-5-323, against a licensee or a person employed by the licensee who willfully and deliberately or consistently violates the standards prescribed and published by the department or the provisions of this part 3.
8. The department shall determine the existence of convictions identified in this section according to the records of the Colorado bureau of investigation, the ICON system at the state judicial department, or any other source, as set forth in section 26.5-5-316 (1)(a)(II).
9. The department shall suspend or revoke a license only in conformity with the provisions and procedures specified in article 4 of title 24, and after a hearing thereon as provided in said article 4; except that an administrative law judge shall conduct all hearings under this part 3 and issue an initial decision. The executive director shall review the initial decision and issue the final decision of the department. A licensee is not entitled to a right to cure any of the charges described in subsection (2)(a), (2)(c), (2)(d), or (2)(m)(I) of this section. A hearing does not prevent or delay any injunctive proceedings instituted under the provisions of section 26.5-5-320.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 760, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-108 as it existed prior to 2022.

26.5-5-318. Notice of negative licensing action - filing of complaints.

1. 1. When a child care center facility or family child care home facility licensed pursuant to this part 3 has been notified by the department of a negative licensing action or the imposition of a fine pursuant to section 26.5-5-317 (2) and (7), it shall, within ten days after receipt of the notice, provide the department with the names and mailing addresses of the parents or legal guardians of each child cared for at the child care center facility or family child care home facility. The department shall maintain the confidentiality of the names and mailing addresses provided to it pursuant to this subsection (1).
   2. Within twenty days after receipt of the names and addresses of parents and legal guardians pursuant to subsection (1)(a) of this section, the department shall send a written notice to each parent or legal guardian identifying the negative licensing action or the fine imposed and providing a description of the basis for the action as it relates to the impact on the health, safety, and welfare of the children in the care of the facility. The department shall send the notice to the parents and legal guardians by first-class mail.
   3. The executive director shall promulgate rules concerning the assessment of a fine against a licensee that is equal to the direct and indirect costs associated with the mailing of the notice described in subsection (1)(b) of this section against the facility.
   4. This subsection (1) does not preclude the department or a county department of human or social services from notifying parents of serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 3 that could impact the health, safety, or welfare of a child cared for at the facility or home.
2. The executive director shall promulgate rules requiring child care center facilities and family child care home facilities to provide written notice to the parents and legal guardians of the children cared for in such facilities of the procedures by which to file a complaint against the facility or an employee of the facility with the department. The rules must specify the information the notice must contain, but must require that the notice include the current mailing address and telephone number of the appropriate division within the department.
3. The department shall track and record complaints made to the department that are brought against family child care homes and shall identify which complaints were brought against licensed family child care homes, unlicensed family child care homes, or legally exempt family child care homes.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 765, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-108.5 as it existed prior to 2022.

26.5-5-319. Institutes.

The department is authorized to hold institutes and programs for licensees under this part 3 to assist in the improvement of standards and practices of facilities operated and maintained by licensees and in the more efficient and practical administration and enforcement of this part 3. In conducting institutes and programs, the department may request the assistance of health, education, and fire safety officials.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 766, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-109 as it existed prior to 2022.

26.5-5-320. Injunctive proceedings.

The department, in the name of the people of the state of Colorado, through the attorney general of the state, must apply for an injunction in any court of competent jurisdiction to enjoin any person from operating any facility without a license that is required to be licensed under this part 3. If the person does not have a valid license pursuant to this part 3, the person's license has been revoked pursuant to section 26.5-5-317, or the person does not meet the licensing exemption criteria set forth in section 26.5-5-304, yet provides child care, and has a pattern of providing such child care without a valid license as required by this part 3, and despite having received notification from the department that the person or facility is in violation of the law, then the person is providing unlicensed and illegal child care. At the time the department applies for an injunction, the department shall notify law enforcement of the injunction proceedings. If it is established that the defendant has been or is so operating the facility without a valid license, the court shall enter a decree enjoining the defendant from further operating the facility unless and until the person obtains a license to operate the facility. In case of violation of any injunction issued pursuant to this section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceedings are in addition to and not in lieu of the penalty provided in section 26.5-5-321.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 766, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-111 as it existed prior to 2022.

26.5-5-321. Penalty - short title.

1. On or after July 1, 2021, any person violating any provision of this part 3, intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection pursuant to the provisions of this part 3, or violating a cease-and-desist order that is not cured commits a petty offense and, upon conviction, shall be punished by a fine of up to five hundred dollars, a sentence of up to ten days in jail, or both.
2. The short title of this section is the "Elle Matthews Act for Increased Safety in Child Care".

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 766, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-112 as it existed prior to 2022.

26.5-5-322. Periodic review of licensing rules and procedures - legislative declaration.

1. The general assembly finds that changes in demographics and economic trends in Colorado have increased the need for high-quality and affordable child care. The general assembly also recognizes that the provision of child care in this state and in the nation is a rapidly growing industry subject to many changes. The general assembly further finds that there is a need for continuing comprehensive review of the rules and the licensing procedures governing child care centers and family child care homes that includes the adequate and full participation of parents, consumers, child care providers, and interested persons. The general assembly finds that such a review with the goal of identifying problems in the fragmentation and lack of uniformity of standards in the licensing process would benefit the state and result in improvements in the regulation of this industry that is so vital to the health and well-being of the state's children and citizens.
2. By July 1, 2023, and at least every five years thereafter, the department shall conduct a comprehensive review of the licensing rules for child care centers and family child care homes and the procedures relating to and governing child care centers and family child care homes, including procedures for the review of backgrounds of employees and owners. In conducting such periodic review, the department shall consult with parents and consumers of child care, child care providers, the department of public health and environment, the department of human services, experts in the child care field, and other interested parties throughout the state. The periodic review must include an examination of the rules applicable to child care centers and family child care homes, the process of licensing such facilities, uniformity of standards or lack thereof in the licensing process, statewide standardization of investigations and enforcement of licensing by the department, duplication and conflicts in rules, requirements, or procedures between the department and the department of public health and environment, and recommendations for streamlining and unifying the licensing process. The review must also include an examination of rules and procedures regarding the general physical and mental health of employees and owners. At the conclusion of each review, the department shall report its findings and conclusions and its recommendations for administrative changes and for legislation to the executive director of the department of early childhood and the executive director of the department of public health and environment.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 766, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-113 as it existed prior to 2022.

26.5-5-323. Civil penalties - fines - child care cash fund - created.

1. In addition to any other penalty otherwise provided by law, including section 26.5-5-321, any person violating any provision of this part 3 or intentionally making any false statement or report to the department or to any agency delegated by the department to make an investigation or inspection under the provisions of this part 3 may be assessed a civil penalty up to a maximum of ten thousand dollars as follows:
   1. Two hundred fifty dollars a day for the first day;
   2. Five hundred dollars a day for the second day; and
   3. One thousand dollars a day for the third and subsequent days.
2. Each day in which a person is in violation of any provision of this part 3 may constitute a separate offense.
3. The department may assess a civil penalty in conformity with the provisions and procedures specified in article 4 of title 24; except that all hearings conducted pursuant to this section must be before an administrative law judge, who shall issue an initial decision. The executive director shall review the initial decision and issue the final decision of the department.
4. The department shall transmit the fines collected pursuant to this section, section 26.5-5-317 (2) and (7), and section 26.5-5-318 (1)(c) to the state treasurer, who shall credit the same to the child care cash fund, which fund is hereby created in the state treasury. The state treasurer shall credit to the fund all interest derived from the deposit and investment of money in the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not be credited or transferred to the general fund or any other fund. Money in the child care cash fund is continuously appropriated to the department to fund activities related to the improvement of the quality of child care in the state of Colorado.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 767, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-114 as it existed prior to 2022.

26.5-5-324. Child care resource and referral system - created.

The department shall design and develop a child care resource and referral system, referred to in this section as the "system", to assist in promoting availability, accessibility, and quality of child care services in Colorado. The executive director, or the executive director's designee, is authorized, within available appropriations, to designate a public or private entity to be responsible for the administration of the system, and may enter into a contract with the administering entity for this purpose. The executive director shall designate or redesignate an administering entity on a biennial basis.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 768, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-116 as it existed prior to 2022.

26.5-5-325. Family child care homes - administration of routine medications - parental direction - rules.

1. The delegation of nursing tasks by a registered nurse pursuant to section 12-255-131 is not required for the administration of routine medications by a child care provider to children cared for in family child care homes licensed pursuant to this part 3, subject to the following conditions:
   1. The parent of the child cared for in the licensed family child care home has daily physical contact with the child care provider that actually administers the routine medication;
   2. The child care provider has successfully completed a medication administration instructional program that is approved by the department;
   3. Routine medications are administered in compliance with rules promulgated by the executive director pursuant to subsection (2) of this section;
   4. If the routine medication involves the administration of unit dose epinephrine, the administration is accompanied by a written protocol by the prescribing health-care professional that identifies the factors for determining the need for the administration of the medication and is limited to emergency situations; and
   5. If the routine medication involves the administration of a nebulized inhaled medication, the administration is accompanied by a written protocol by the prescribing health-care professional that identifies the factors for determining the need for the administration of the medication.
2. The executive director shall promulgate rules concerning the medically acceptable procedures and standards to be followed by child care providers administering routine medications to children cared for in family child care homes.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 768, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-119 as it existed prior to 2022.

26.5-5-326. Exempt family child care home providers - fingerprint-based criminal history record check - child care assistance program money - temporary care - rules - definitions.

1. 1. 1. An exempt family child care home provider who provides care for a child and an individual who provides care for a child who is related to the individual, referred to collectively in this section as a "qualified provider", is subject to a fingerprint-based criminal history record check, referred to in this section as an "FCC", as provided in this section and the rules authorized in section 26.5-5-316 (1)(a)(I) and (1)(a)(II), if the child's care is funded in whole or in part with money received on the child's behalf from the publicly funded Colorado child care assistance program. The provisions of this section apply to exempt family child care home providers or individuals who provide care to a related child who receive money from the publicly funded Colorado child care assistance program pursuant to contracts or other payment agreements entered into or renewed on or after May 25, 2006. (1) (a) (I) An exempt family child care home provider who provides care for a child and an individual who provides care for a child who is related to the individual, referred to collectively in this section as a "qualified provider", is subject to a fingerprint-based criminal history record check, referred to in this section as an "FCC", as provided in this section and the rules authorized in section 26.5-5-316 (1)(a)(I) and (1)(a)(II), if the child's care is funded in whole or in part with money received on the child's behalf from the publicly funded Colorado child care assistance program. The provisions of this section apply to exempt family child care home providers or individuals who provide care to a related child who receive money from the publicly funded Colorado child care assistance program pursuant to contracts or other payment agreements entered into or renewed on or after May 25, 2006.
      2. Each adult eighteen years of age or older who resides with a qualified provider where the care is provided, referred to in this section as a "qualified adult", is subject to the FCC required pursuant to this section.
      3. The FCC required for a qualified provider or qualified adult pursuant to this section must include a fingerprint-based criminal history records check utilizing the records of the Colorado bureau of investigation and, for qualified providers or qualified adults applying for child care assistance program money on or after August 10, 2011, the federal bureau of investigation. As part of the FCC, the department shall access the records and reports of child abuse or neglect maintained by the state department of human services to determine whether the subject of the FCC has been found to be responsible in a confirmed report of child abuse or neglect. Information shall be made available pursuant to section 19-1-307 (2)(j), and rules promulgated by the state board of human services pursuant to section 19-3-313.5 (4).
      4. The FCC required pursuant to this section is a prerequisite to the issuance or renewal of a contract for receipt of money under the Colorado child care assistance program as provided in part 1 of article 4 of this title 26.5. The department shall not issue or renew a contract for payment of money under the Colorado child care assistance program to a qualified provider who fails to submit to the FCC or fails to submit fingerprints for a qualified adult.
   2. A qualified provider shall notify the county with whom the qualified provider has contracted pursuant to the Colorado child care assistance program upon any change of circumstances that results in the presence of a new qualified adult. A new qualified adult is required to undergo an FCC as provided in this section, even if the Colorado child care assistance program contract is not subject to renewal when the qualified adult moves into the residence where the care is provided.
   3. A qualified provider or qualified adult who undergoes an FCC shall, with submittal of fingerprints, pay to the state department a fee established by department rule pursuant to subsection (6) of this section to offset the costs associated with processing the FCC through the Colorado bureau of investigation and the federal bureau of investigation.
2. 1. When the results of an FCC performed pursuant to subsection (1) of this section reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
   2. A person who undergoes a name-based judicial record check shall pay to the department a fee established by department rule pursuant to subsection (6) of this section to offset the costs associated with performing the name-based judicial record check.
3. The department or a county department shall not issue or renew a contract to provide money to a qualified provider under the Colorado child care assistance program pursuant to part 1 of article 4 of this title 26.5 if the qualified provider or a qualified adult has been convicted of:
   1. Child abuse, as described in section 18-6-401;
   2. A crime of violence, as defined in section 18-1.3-406;
   3. Any felony offense involving unlawful sexual behavior, as defined in section 16-22-102 (9);
   4. Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3;
   5. Any felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of the FCC; or
   6. Any offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (3)(a) to (3)(e) of this section.
4. The department or a county department shall not issue or renew a contract to provide money pursuant to the Colorado child care assistance program pursuant to part 1 of article 4 of this title 26.5 to a qualified provider if the qualified provider or a qualified adult:
   1. Has a pattern of misdemeanor or petty offense convictions occurring within the ten years preceding submission of the application, including petty offense convictions pursuant to section 26.5-5-321. The executive director shall define by rule what constitutes a pattern of misdemeanor or petty offense convictions.
   2. Has been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to part 3 or 4 of article 14 of title 15, or section 27-65-109 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the qualified provider cannot safely operate a child care home. The record of the determination and entry of the order are conclusive evidence thereof. A qualified provider shall sign an attestation affirming the lack of such a finding prior to entering into or renewing a contract for money under the Colorado child care assistance program, pursuant to section 26.5-4-112 (2).
5. A qualified provider who has submitted to an FCC by the Colorado bureau of investigation and the federal bureau of investigation may, pending the receipt of the results of the FCC, continue to receive money from the Colorado child care assistance program.
6. The executive director shall promulgate rules to establish the amount of the fee to collect from a qualified provider or qualified adult who is subject to an FCC pursuant to subsection (1) of this section or a name-based judicial record check pursuant to subsection (2) of this section. The state department is authorized to collect the fee at the time of the FCC or name-based judicial record check.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 769, § 3, effective July 1; (2) and (6) amended, (HB 22-1270), ch. 114, p. 532, § 51, effective April 21.

26.5-5-327. Unique student identifying numbers - rules.

The executive director shall promulgate rules as necessary for the assignment of uniquely identifying numbers to children who receive early childhood services. At a minimum, the rules must include children who receive state-subsidized or federally subsidized early childhood services, including but not limited to services provided through the child care development block grant, the Colorado universal preschool program, and head start.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 771, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-121 (3) as it existed prior to 2022.

26.5-5-328. Applications for licenses - authority to suspend licenses - rules - definitions.

1. Every application by an individual for a license issued by the department or any authorized agent of the department must require the applicant's name, address, and social security number or tax identification number.
2. The department or any authorized agent of the department shall deny, suspend, or revoke a license pursuant to the provisions of section 26-13-126, and any rules promulgated to implement said section, if the department or agent receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation must be in accordance with the procedures specified by rule of the department of human services and rules promulgated by the state board of human services for the implementation of section 26-13-126.
3. 1. The department shall enter into a memorandum of understanding with the state child support enforcement agency, which memorandum must identify the relative responsibilities of the department and the state child support enforcement agency with respect to the implementation of this section and section 26-13-126.
   2. The executive director may promulgate rules to implement the provisions of this section.
4. As used in this section, "license" means any recognition, authority, or permission that the department or any authorized agent of the department is authorized by law to issue for an individual to practice a profession or occupation or recreational activity. "License" includes, but is not limited to, a license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in a recreational activity.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 772, § 3, effective July 1.

26.5-5-329. Testing for the presence of lead in drinking water in child care centers and family child care homes - compliance with public health requirements - repeal.

1. Each child care center and, unless it has opted out pursuant to section 25-8-903 (1)(a), each family child care home shall comply with the requirements of part 9 of article 8 of title 25 concerning testing of water in child care centers, family child care homes, and eligible schools.
2. This section is repealed, effective June 30, 2026.

Source: L. 2022: Entire section added, (HB 22-1358), ch. 382, p. 2736, § 4, effective August 10.

Editor's note: This section was numbered as § 26-6-123 in HB 22-1358 but was renumbered and relocated on revision due to the relocation of part 1 of article 6 of title 26 to this part 3 by HB 22-1295.

26.5-6-101. Plan for early childhood workforce development.

1. The department, in partnership with the early childhood leadership commission, shall develop a plan for recruiting, training, and retaining a well-compensated, well-prepared, high-quality statewide early childhood workforce. In developing the plan, the department and the commission shall work with the departments of education, higher education, and labor and employment and with organizations that have expertise pertaining to the early childhood workforce. At a minimum, the plan must:
   1. Take into account existing early childhood workforce qualification pathways and create a simplified process for persons in the workforce to attain credentials and meet qualifications;
   2. Ensure the ability to overcome any regulatory and systemic barriers for entry into the early childhood workforce by addressing administrative and policy barriers to entry, including addressing barriers faced by individuals who speak languages other than English;
   3. Address strategies for recruiting and providing incentives for diverse, nontraditional workforce members, such as high school students, teachers from other countries, and parents, and reducing barriers that prevent these individuals from joining the early childhood workforce;
   4. Promote a coherent and aligned system of preparation and ongoing professional development for individuals in the early childhood workforce;
   5. Simplify the requirements an individual must meet to enter the early childhood workforce, clearly articulate the competencies that members of the early childhood workforce are expected to achieve over time, align the system of professional learning and development for early childhood services, and reduce regulatory barriers when possible to promote attainment of these competencies through identified professional development partners, including institutions of higher education;
   6. Establish goals for increasing the qualifications of members of the early childhood workforce over time, including strategies for achieving the goal of supporting increased attainment of baccalaureate degrees in early childhood or baccalaureate degrees with supplemental early learning credentials for lead teachers employed by preschool providers;
   7. Address strategies for increasing the compensation for individuals in the early childhood workforce with the goal of ensuring that all individuals in the early childhood workforce receive a living wage; and
   8. Address other sustainable and evidence-based strategies to recruit, prepare, compensate, provide continuing professional development for, and retain members of the early childhood workforce.
2. The department shall make the plan publicly available on the department's website and shall submit a copy of the plan and any subsequent revisions to the plan to the early childhood leadership commission, to the governor's office, and to the education and the business affairs and labor committees of the house of representatives and the education and the business, labor, and technology committees of the senate, or any successor committees.
3. The department, working with the departments of education, higher education, and labor and employment, shall periodically review and assess the implementation of recruitment, preparation, professional development, and retention initiatives for the early childhood workforce. In reviewing these initiatives, the department shall solicit feedback from, at a minimum, individuals in the early childhood workforce, families, early care and education providers, the early childhood leadership commission, and organizations with expertise pertaining to the early childhood workforce.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 772, § 3, effective July 1.

26.5-6-102. Voluntary child care credentialing system - rules.

The department shall develop and maintain a statewide voluntary child care credentialing system that recognizes the training and educational achievements of persons providing early childhood care and education. The use of the voluntary child care credentialing system must include but need not be limited to the early childhood councils established pursuant to part 2 of article 2 of this title 26.5. The voluntary child care credentialing system is a multi-tiered system of graduated credentials that reflects the increased training, education, knowledge, skills, and competencies of persons working in early childhood care and education services in the various councils. The voluntary child care credentialing system must award credit for the education and training of persons working in early childhood care and education concerning the prevention of child sexual abuse. This education and training includes understanding healthy child development, creating safe environments for children, recognizing signs of abuse and problematic behaviors, and responsible methods of response to disclosures or concerns of abuse or potential abuse. The executive director shall promulgate such rules as are necessary for the statewide implementation of the voluntary child care credentialing system.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 774, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6.5-107 as it existed prior to 2022.

26.5-6-103. Pathways to the classroom and retention strategies for early childhood educators - standards - alignment across agencies - report - rules.

1. The executive director shall promulgate rules establishing standards for licensing that allow an early care and education program to be licensed pursuant to part 3 of article 5 of this title 26.5 for a period of time determined by the executive director, if a number, as specified in department rule, of aspiring early childhood educators in the program are pursuing a state-agency-approved early childhood credential and other quality, safety, and supervision conditions are met.
2. The executive director shall promulgate rules that allow an early childhood educator to earn points toward an early childhood credential that meets child care licensing standards based on the candidate's prior experience and demonstrated competency. The licensing pathway must also include ways in which a candidate in a second career or changing careers can earn points or credits for prior experience and competencies that apply toward the qualifications for an early childhood educator credential. The standards and credential awarding process may use validated tools to award points for demonstrated competencies.
3. The department and the department of education shall align, to the extent possible, the state's early childhood professional credential, department of education educator licensing, and child care program licensing to make the requirements as consistent and clear as possible to educators and providers. The alignment process must include examining strategies that support reciprocity for early childhood educator credentials or qualifications earned outside of Colorado.
4. Notwithstanding section 24-1-136 (11)(a)(I), no later than January 31, 2022, and no later than January 31 each year thereafter, the department shall prepare a written report concerning Colorado's current supply of qualified early childhood educators.
5. The department, the department of higher education, and the department of education shall develop resources to support local communities to increase concurrent enrollment opportunities for high school students or other nontraditional students to earn higher education credits and degrees that allow them to serve as early childhood educators and shall support career pathways for high school students earning college credits toward becoming early childhood educators, including concurrent enrollment, career and technical education, the ASCENT program, and other career pathways.

Source: L. 2022: Entire article added, (HB 22-1295), ch. 123, p. 774, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-122 as it existed prior to 2022.