C.R.S. § 26-6-701 Short title
26-6-701. Short title. The short title of this part 7 is the "Kyle Forti Act".
Child Care Centers
C.R.S. tit. 26, art. 6
in effectC.R.S. § 26-6-702 Definitions
26-6-702. Definitions. As used in this part 7, unless the context otherwise requires:
(1) "Approved temporary caregiver" means a person approved by a temporary care assistance program pursuant to this part 7 who is delegated temporary care responsibility of a minor by a parent or guardian through a power of attorney, as described in section 15-14-105.
(2) "Temporary care assistance program" means a program operated by a child placement agency that assists a parent or guardian with recruiting and identifying an appropriate and safe approved temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney pursuant to section 15-14-105.
C.R.S. § 26-6-703 Temporary care assistance program permitted
26-6-703. Temporary care assistance program permitted. (1) A child placement agency may operate a temporary care assistance program; except that, prior to July 1, 2021, only a child placement agency that is a nonprofit organization, and that operates a program similar to a temporary care assistance program in thirty or more states, may operate a temporary care assistance program.
(2) The activities of a temporary care assistance program performed pursuant to this part 7 do not constitute placing a child pursuant to this article 6.
C.R.S. § 26-6-704 Temporary care assistance program - limitations on duration of delegation - approved temporary caregiver
26-6-704. Temporary care assistance program - limitations on duration of delegation - approved temporary caregiver. (1) (a) (I) A parent or guardian of a minor may use the assistance of a temporary care assistance program to identify an approved temporary caregiver to delegate any power regarding care, custody, or property of the minor, except the power to consent to marriage or adoption, by a power of attorney, as described in section 15-14-105.
(II) A temporary care assistance program must make diligent efforts to notify any parent or guardian identified by the delegating parent as having parental rights or legal decision-making authority regarding the minor's care.
(III) A parent who is named as a respondent in an open dependency and neglect case may not use the assistance of a temporary care assistance program, as described in this part 7.
(b) (I) Notwithstanding any other provisions of law, a power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver must not exceed six months, except as provided in subsection (1)(b)(II) of this section.
(II) A person who is deployed by or called to active duty in the United States military may exceed the time limit described in subsection (1)(b)(I) of this section; except that the total length of a delegation of power made to an approved temporary caregiver by a person who is deployed by or called to active duty in the United States military must not be longer than the end of the member's deployment or call to active duty, plus thirty days.
(c) The parent or guardian of the minor has the authority to revoke a power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver at any time. Upon expiration or revocation of the power of attorney, the minor must be returned to the custody of the parent or guardian as soon as reasonably possible, but no later than forty-eight hours after such expiration, revocation, or other termination.
(d) A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver does not:
(I) Change parental rights, legal rights, obligations, or other authority established by an existing court order and does not deprive a parent or guardian of rights, obligations, or other authority relating to the custody, visitation, or support of a minor;
(II) Constitute child abuse or neglect, as defined in section 19-1-103 (1); or
(III) Result in a child being neglected or dependent, as described in section 19-3-102, unless the parent or guardian fails to make contact, execute a new power of attorney, or retake custody within seventy-two hours after an expired power of attorney, or after the total time limit described in subsection (1)(b) of this section has elapsed.
(2) (a) An approved temporary caregiver shall exercise parental or legal authority on a continuous basis and without compensation for the intended duration of the power of attorney.
(b) (I) A minor subject to the power of attorney that delegates temporary care responsibility of the minor to an approved temporary caregiver is not deemed placed in a foster care home, as defined in section 26-6-903, and the approved temporary caregiver is not deemed to be providing foster care nor be subject to the licensing requirements of foster care.
(II) Nothing in this section disqualifies an approved temporary caregiver from being or becoming a foster care home certified by a county department or private agency pursuant to section 26-6-910.
(c) Any period of time during which a minor resides with an approved temporary caregiver pursuant to an unexpired and valid power of attorney is not included in determining whether the minor has resided with the approved temporary caregiver for the minimum period required for a person to be considered a person other than a parent who has had the physical care of a child for the purposes of section 14-10-123.
C.R.S. § 26-6-705 Approval of temporary caregiver - background check - training
26-6-705. Approval of temporary caregiver - background check - training. (1) A child placement agency operating a temporary care assistance program may approve as a temporary caregiver any person who meets the standards prescribed by the temporary care assistance program and who complies with the requirements established pursuant to this section.
(2) (a) A child placement agency operating a temporary care assistance program shall require an applicant to become an approved temporary caregiver and any other person who resides in the applicant's home and is eighteen years of age or older to submit to the following background checks:
(I) A fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation in the same manner as described in section 26-6-912 (1)(a)(I)(B);
(II) A child abuse and neglect background check pursuant to section 19-1-307; and
(III) A check against the state's sex offender registry and against the national sex offender public website operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if a person is a registered sex offender.
(b) A child placement agency operating a temporary care assistance program is responsible for the costs arising from any background check performed pursuant to this section. The child placement agency may collect the costs from any person subject to a background check.
(c) The child placement agency operating a temporary care assistance program shall maintain records of a background check performed pursuant to this section, including the full transcripts of the background check, for a period of not less than five years. The child placement agency shall make the records available to a parent or guardian executing a power of attorney, and any local, state, or federal authority conducting an investigation involving the approved temporary caregiver, the parent or guardian, or the minor.
(d) A child placement agency operating a temporary care assistance program shall not approve an applicant as an approved temporary caregiver if a background check conducted pursuant to this section discloses a substantiated allegation of child abuse, neglect, or exploitation, or any crime that would disqualify the applicant or any other person who resides in the applicant's home and is eighteen years of age or older from becoming certified or licensed to operate a foster care home in the state.
(3) A child placement agency operating a temporary care assistance program shall train an approved temporary caregiver in the rights, duties, and limitations associated with providing care for a minor pursuant to this part 7.
C.R.S. § 26-6-706 Rules
26-6-706. Rules. (1) A temporary care assistance program and a temporary care provider are subject to any rule promulgated by the department that is applicable to noncertified kinship care, defined in section 19-1-103; except that a temporary care assistance program and a temporary care provider are not subject to a rule that is inconsistent with this part 7.
(2) Except as provided in subsection (1) of this section, a temporary care assistance program and a temporary caregiver are not subject to any rule promulgated by the department for an activity performed pursuant to this part 7.
C.R.S. § 26-6-707 Application of part
26-6-707. Application of part. (1) This part 7 applies only when a parent or guardian of a minor delegates any power regarding care, custody, or property of the minor to an approved temporary caregiver with the assistance of a temporary care assistance program pursuant to this part 7. Nothing in this part 7 restricts, abridges, or alters the right of a minor's parent or guardian to provide for the care of the minor by power of attorney pursuant to any other provision of law.
(2) Nothing in this part 7:
(a) Relieves the parent of any obligation to support the minor as otherwise provided by law;
(b) Limits the authority of the court to order a parent to make support payments or reimbursements for medical, behavioral, health, or other care or treatment;
(c) Abrogates the right of the minor to any benefits provided through public funds for which the minor is otherwise entitled; or
(d) Limits or prevents the ability of law enforcement or county child welfare agencies to investigate a report of suspected abuse or neglect of a child pursuant to section 19-3-308.
C.R.S. § 26-6-901 Short title
26-6-901. Short title. The short title of this part 9 is the "Foster Care, Kinship Foster Care, Residential, Day Treatment, and Child Placement Agency Licensing and Certification Act".
C.R.S. § 26-6-902 Legislative declaration
26-6-902. Legislative declaration. (1) The general assembly finds that:
(a) The regulation, licensing, and funding of foster care homes, kinship foster care homes, residential and day treatment child care facilities, and child placement agencies contribute to a safe and healthy environment for children and youth;
(b) The provision of such an environment affords benefits to children and youth, their families, their communities, and the larger society; and
(c) Supporting families and kin who are willing to care for a child or youth is one of the most important actions the state can take to promote safe and timely reunification, maintain family connections, create as normal of an experience as possible for children and youth who have been removed from their homes, and prevent further long-term incorporation into the child welfare system.
(1.5) The general assembly intends that those who regulate and fund, and those who are regulated and funded, work together to meet the needs of the children, youth, and their families; foster care providers; kinship foster care providers; child placement agencies; and residential and day treatment child care facilities.
(2) In balancing the needs of children and their families with the needs of child placement agencies and the residential and day treatment child care industry, the general assembly also recognizes the financial demands the department of human services faces in its attempt to ensure a safe and sanitary environment for children of the state of Colorado who are in foster care with child placement agencies or in residential and day treatment child care facilities. In an effort to reduce the risk to children placed outside their homes while recognizing the financial constraints placed on the department, it is the intent of the general assembly that the limited resources available are focused primarily on residential and day treatment child care facilities and agencies that have demonstrated that children in their care may be at higher risk.
C.R.S. § 26-6-903 Definitions
26-6-903. Definitions. As used in this part 9, unless the context otherwise requires:
(1) "Affiliate of a licensee" means:
(a) A 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
(b) A person who is directly responsible for the care and welfare of children served; or
(c) An executive, officer, member of the governing board, or employee of a licensee; or
(d) A relative of a licensee, which relative provides care to children at the licensee's facility or agency or is otherwise involved in the management or operations of the licensee's facility or agency.
(2) "Application" means a declaration of intent to obtain or continue a license or certificate for a residential or day treatment child care facility or child placement agency.
(3) "Certificate" means a legal document granting permission to operate a foster care home or a kinship foster care home.
(4) "Certification" means the process by which a county department of human or social services, a child placement agency, or a federally recognized tribe pursuant to applicable federal law approves the operation of a foster care home or a kinship foster care home.
(5) "Child care center" means a facility, by whatever name known, that is maintained for twenty-four-hour care for five or more children, unless otherwise specified in this subsection (5), who are not related to the owner, operator, or manager of the facility, 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 residential child care facilities, day treatment facilities, specialized group facilities, secure residential treatment centers, and respite child care facilities.
(6) "Child placement agency" or "agency" means a corporation, partnership, association, firm, agency, institution, or person unrelated to the child being placed, who places, facilitates placement for a fee, or arranges for placement for care of a child under eighteen years of age with a family, person, or institution. A child placement agency may place, facilitate placement, or arrange for the placement of a child for the purpose of adoption, foster care, treatment foster care, or therapeutic foster care. The natural parents or guardian of a child who place the child for care with a facility licensed as a family child care home or child care center, as defined in section 26.5-5-303, are not a child placement agency.
(7) "Cradle care home" means a facility that is certified by a child placement agency for the care of a child, or children in the case of multiple-birth siblings, who is twelve months of age or younger, in a place of residence for the purpose of providing twenty-four-hour family care for six months or less in anticipation of a voluntary relinquishment of the child or children, pursuant to article 5 of title 19, or while a county prepares an expedited permanency plan for an infant in its custody.
(8) (a) (I) "Day treatment center" means a facility that:
(A) Except as provided in subsection (8)(a)(II) of this section, provides less than twenty-four-hour care for groups of five or more children who are three years of age or older, but less than twenty-one years of age; and
(B) Provides a structured program of various types of psycho-social and behavioral treatment to prevent or reduce the need for placement of the child out of the home or community.
(II) Nothing in this subsection (8) prohibits a day treatment center from allowing a person who reaches twenty-one years of age after the commencement of an academic year from attending an educational program at the day treatment center through the end of the semester in which the twenty-first birthday occurs or until the person completes the educational program, whichever comes first.
community.
(II) Nothing in this subsection (8) prohibits a day treatment center from allowing a person who reaches twenty-one years of age after the commencement of an academic year from attending an educational program at the day treatment center through the end of the semester in which the twenty-first birthday occurs or until the person completes the educational program, whichever comes first.
(b) "Day treatment center" does not include special education programs operated by a public or private school system or programs that are licensed by the department of early childhood for less than twenty-four-hour care of children, such as a child care center.
(9) "Department" or "state department" means the state department of human services.
(10) "Foster care home" means a home that is certified by a county department or a child placement agency pursuant to section 26-6-910, or a federally recognized tribe pursuant to applicable federal law, for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family foster care for a child or youth less than twenty-one years of age. A foster care home may include foster care for a child or youth who is unrelated to the head of the home. The term includes a foster care home that receives a child for regular twenty-four-hour care and a home that receives a child or youth from a state-operated institution for child care or from a child placement agency. "Foster care home" also includes those homes licensed by the department pursuant to section 26-6-905 that receive neither money from the counties nor children or youth placed by the counties.
(11) "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 residential or day treatment child care facility or a child placement agency.
(12) "Guardian" means a person who is entrusted by law with the care of a child under eighteen years of age.
(13) "Homeless youth shelter" means a facility that, in addition to other services it may provide, provides services and mass temporary shelter for a period of three days or more to youths who are at least eleven years of age or older and who otherwise are homeless youth as that term is defined in section 26-5.7-102 (2).
(14) "ICON" means the computerized database of court records known as the integrated Colorado online network used by the state judicial department.
(15) "Kin" means a relative of the child, a person ascribed by the family as having a family-like relationship with the child, or a person that has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child.
(16) "Kinship foster care home" means a kinship foster care home that has been certified pursuant to section 26-6-910 to care for a relative or kin only. A kinship foster care home provides twenty-four-hour foster care for a child or youth who is a relative or kin, who is less than twenty-one years of age, and who is eligible for the same foster care reimbursement, assistance, and other supports as foster care homes pursuant to section 26-6-904.5. "Kinship foster care home" does not include non-certified kinship care as that term is defined in subsection (21.5) of this section.
(17) "License" means a legal document issued pursuant to this part 9 granting permission to operate a residential or day treatment child care facility or child placement agency. A license may be in the form of a provisional, probationary, permanent, or time-limited license.
(18) "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.
y. A license may be in the form of a provisional, probationary, permanent, or time-limited license.
(18) "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.
(19) "Licensing" means, except as otherwise provided in subsection (10) of this section, the process by which the department approves a facility or agency for the purpose of conducting business as a residential or day treatment child care facility or child placement agency.
(20) "Medical foster care" means a program of foster care that provides home-based care for medically fragile children and youth who would otherwise be confined to a hospital or institutional setting and includes, but is not limited to:
(a) Infants impacted by prenatal drug and alcohol abuse;
(b) Children with developmental disabilities that require ongoing medical intervention;
(c) Children and youth diagnosed with acquired immune deficiency syndrome or human immunodeficiency virus;
(d) Children with a failure to thrive or other nutritional disorders; and
(e) Children dependent on technology such as respirators, tracheotomy tubes, or ventilators to survive.
(21) (a) "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 9 or the demotion of such a license to a probationary license.
(b) As used in this subsection (21), "final agency action" means the determination made by the department, after the opportunity for a hearing, to deny, suspend, revoke, or demote to probationary status a license issued pursuant to this part 9 or an agreement between the department and the licensee concerning the demotion of such a license to a probationary license.
(21.5) "Non-certified kinship care" means kinship care that is provided to a child or youth who is less than twenty-one years of age by a relative or kin who has a significant relationship with the child or youth and who has either chosen not to pursue the certification process or who has not met the certification requirements for a kinship foster care home as set forth in this part 9.
(22) "Out-of-home placement provider consortium" means a group of service providers that are formally organized and managed to achieve the goals of the county, group of counties, or mental health agency contracting for additional services other than treatment-related or child maintenance services.
(23) "Person" means a corporation, partnership, association, firm, agency, institution, or individual.
(24) "Place of residence" means the place or abode where a person actually lives and provides child care.
(25) "Qualified individual" means a trained professional or licensed clinician, as defined in the federal "Family First Prevention Services Act". A "qualified individual" must be approved to serve as a qualified individual according to the state plan. A "qualified individual" must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth or making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.
arty or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth or making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.
(26) "Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal "Family First Prevention Services Act", 42 U.S.C. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child or youth required in section 19-1-115 (4)(e)(I).
(27) "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.
(28) "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.
(29) "Residential child care facility" means a facility licensed by the state department pursuant to this part 9 to provide twenty-four-hour group care and treatment for five or more children operated under private, public, or nonprofit sponsorship. "Residential child care facility" includes community-based residential child care facilities; qualified residential treatment programs, as defined in section 26-5.4-102 (2); shelter facilities; and psychiatric residential treatment facilities as defined in section 25.5-4-103 (19.5). A residential child care facility may be eligible for designation by the executive director of the state department pursuant to article 65 of title 27. A child who is admitted to a residential child care facility must be:
(a) Five years of age or older but less than eighteen years of age; or
(b) Less than twenty-one years of age and placed by court order or voluntary placement; or
(c) Accompanied by a parent if less than five years of age.
(30) "Residential or day treatment child care facility" or "facility" means a residential child care facility, including a qualified residential treatment program, psychiatric residential treatment program, shelter care program, and homeless youth program; specialized group facility, including a group home and group center; day treatment center; secure residential treatment center; respite child care center; or homeless youth shelter, including a host family home.
(31) "Respite child care center" means a facility for the purpose of providing temporary twenty-four-hour group care for three or more children or youth who are placed in certified foster care homes or approved noncertified kinship care homes, and children or youth with open cases through a regional accountable entity. A respite child care center is not a treatment facility, but rather its primary purpose is providing recreational activities, peer engagement, and skill development to the children and youth in its care. A respite child care center serves children and youth from five years of age to twenty-one years of age. A respite child care center may offer care for only part of a day. For purposes of this subsection (31), "respite child care" means an alternate form of care to enable caregivers to be temporarily relieved of caregiving responsibilities.
skill development to the children and youth in its care. A respite child care center serves children and youth from five years of age to twenty-one years of age. A respite child care center may offer care for only part of a day. For purposes of this subsection (31), "respite child care" means an alternate form of care to enable caregivers to be temporarily relieved of caregiving responsibilities.
(32) "Secure residential treatment center" means a facility operated under private ownership that is licensed by the department pursuant to this part 9 to provide twenty-four-hour group care and treatment in a secure setting for five or more children or persons up to the age of twenty-one years over whom the juvenile court retains jurisdiction pursuant to section 19-2.5-103 (6) who are committed by a court, pursuant to an adjudication of delinquency or pursuant to a determination of guilt of a delinquent act or having been convicted as an adult and sentenced for an act that would be a crime if committed in Colorado, or in the committing jurisdiction, to be placed in a secure facility.
(33) "Sibling" means one or more individuals having one or both parents in common.
(34) (a) "Specialized group facility" means a facility sponsored and supervised by a county department or a licensed child placement agency for the purpose of providing twenty-four-hour care for three or more children, but fewer than twelve children, whose special needs can best be met through the medium of a small group. A child who is admitted to a specialized group facility must be:
(I) At least seven years of age or older but less than eighteen years of age;
(II) Less than twenty-one years of age and placed by court order or voluntary placement; or
(III) Accompanied by a parent or legal guardian if less than seven years of age.
(b) "Specialized group facility" includes specialized group homes and specialized group centers.
(35) "Therapeutic foster care" means a program of foster care that incorporates treatment for the special physical, psychological, or emotional needs of a child placed with specially trained foster parents, but does not include medical foster care.
(36) "Treatment foster care" means a clinically effective alternative to a residential treatment facility that combines the treatment technologies typically associated with more restrictive settings with a nurturing and individualized family environment.
C.R.S. § 26-6-904 Applicability of part
26-6-904. Applicability of part. (1) This part 9 does not apply to:
(a) A child care facility that is approved, certified, or licensed by another state agency or by a federal government department or agency that has standards for operation of the facility and inspects or monitors the facility;
(b) Occasional care of children that has no apparent pattern and occurs with or without compensation;
(c) Juvenile courts; or
(d) Nursing homes that have children as residents.
(2) A licensee or governing body for which the license is suspended pursuant to section 24-4-104 or that has received a final agency action resulting in the revocation of a license issued pursuant to this part 9 is prohibited from operating, except when the children being cared for are related to the caregiver.
C.R.S. § 26-6-904.5 Kinship foster care homes - certification and revocation of certification - financial assistance and supports - training - interagency resource data - report - rules - repeal
26-6-904.5. Kinship foster care homes - certification and revocation of certification - financial assistance and supports - training - interagency resource data - report - rules - repeal. (1) (a) A kinship foster care home seeking certification shall follow the application process outlined in section 26-6-910. A county department or child placement agency, upon the successful completion of the background checks required pursuant to section 19-3-406 or 26-6-910, may issue a one-time provisional certificate for a period of six months to an applicant at a specific location who is requesting provisional certification. The applicant may opt out of the provisional certification process. A provisional certification permits the applicant to operate the kinship foster care home if the applicant is temporarily unable to conform to all standards required pursuant to this part 9, upon proof by the applicant that the applicant is attempting to conform to the standards or to comply with any other requirements. If the applicant successfully completes the background checks required pursuant to section 19-3-406 or 26-6-910, the county department or child placement agency shall make payment beginning with the completion of the fingerprint background check. The county department or child placement agency shall complete the certification process within the timelines promulgated by rule of the state board.
(b) The county department or child placement agency to which the kinship foster care home applied for certification shall extend the provisional certification provided for in subsection (1)(a) of this section by an additional sixty days if the applicant can demonstrate that the applicant did not cause the delay in completing all the requirements for certification.
(c) A kinship foster care home may opt out of the provisional certification process and remain eligible for supports through sources other than foster care maintenance.
(d) Prior to transferring temporary legal custody of any child or youth to a relative or kin, the court shall make findings that the relative or kin was advised regarding the differences between kinship foster care and non-certified kinship care, including but not limited to financial assistance, custody requirements, and long-term financial support options.
(e) The applicant has the right to appeal any certification denial that the applicant believes presents an undue hardship or has been applied too stringently by a county department or child placement agency. Upon the filing of an appeal, the applicant, county department, or child placement agency shall proceed in the same manner as prescribed for licensure appeals in section 26-6-909 (4).
(f) (I) The state department, a county department, or a child welfare agency has the authority to investigate and inspect a kinship foster care home pursuant to section 26-6-912 and to take appropriate actions as described in section 26-6-912 (1)(d)(I).
(II) The state department, a county department, or a child placement agency may revoke a kinship foster care home's certification in accordance with section 26-6-913.
(2) Kinship foster care homes are eligible for financial reimbursement and supports at the same rate as foster care homes, as established in rules promulgated by the state board of human services. Non-certified kinship care homes are eligible for financial assistance and supports at thirty percent of the foster care rate, based on the age of the child or youth receiving care. Beginning in state fiscal year 2026-27, non-certified kinship care homes are eligible for financial assistance and support at fifty percent of the foster care rate, based on the age of the child or youth receiving care. Funding to cover financial assistance and supports comes from the revenue stream identified in subsection (3) of this section.
ased on the age of the child or youth receiving care. Beginning in state fiscal year 2026-27, non-certified kinship care homes are eligible for financial assistance and support at fifty percent of the foster care rate, based on the age of the child or youth receiving care. Funding to cover financial assistance and supports comes from the revenue stream identified in subsection (3) of this section.
(3) (a) The state department shall reimburse the county departments ninety percent of the amounts expended by county departments for kinship foster care and non-certified kinship care daily rates to support financial assistance. The kinship foster care rate and non-certified kinship care rate are exempt from the close-out process described in section 26-5-104 (3).
(b) For state fiscal years 2024-25 and 2025-26, the general assembly may appropriate money from the Colorado long-term works reserve, created in section 26-2-721, for the purposes of providing the funding required by subsection (2) of this section.
(4) (a) The state department shall provide training on the certification standards to kinship foster care providers who are applying for certification pursuant to subsection (1) of this section. Whenever possible, the state department shall provide training in an online format.
(b) The state department shall collaborate with the department of education, the department of public health and environment, and the department of health care policy and financing to develop an interagency resource. The state department shall prominently post the interagency resource created pursuant to this subsection (4)(b) on the department's website.
(5) (a) The state department and the judicial department shall collect data on the number of children who are placed with certified and non-certified kin through a dependency and neglect case, regardless of who has custody of the child or youth. The state department and the judicial department shall include data on the permanency outcomes, length of stay, re-entry into care, and all other outcomes collected for children and youth in out-of-home placements. The state department shall make the data available on its website on or before October 1, 2025.
(b) On or before October 1, 2025, the state department shall study and report to the general assembly the feasibility of using federal funds, including but not limited to federal IV-B, IV-E, or TANF funds, or other grant funding to provide or reimburse for the provision of brief legal services or legal representation of relative and kin caregivers.
(6) (a) On or before August 1, 2025, and every August 1 thereafter until August 1, 2030, the state department shall submit a report to the joint budget committee on the implementation of non-certified kinship care homes, the impacts to the number of placements with kinship foster care homes, and the impacts on county departments of human or social services in their ability to support providers. The state department shall submit data provided by county departments of human and social services as a supplement to the report. The report must include:
(I) The impacts of financial assistance on the certification and recruitment of kin families and the trends of kin's choices to become certified or non-certified;
(II) The workload changes for county caseworkers associated with supporting kin pursuant to this section, both certified and non-certified; and
(III) The related impacts of county staff who support kin, as provided by county departments of human and social services.
(b) This subsection (6) is repealed, effective June 30, 2031.
(7) In addition to the rules promulgated pursuant to section 26-6-911, the state board shall promulgate rules as necessary to implement this section with respect to kinship foster care homes.
C.R.S. § 26-6-905 Licenses - out-of-state notices and consent - demonstration pilot program - report - rules - definition
26-6-905. Licenses - out-of-state notices and consent - demonstration pilot program - report - rules - definition. (1) (a) Except as otherwise provided in subsection (1)(b) of this section or elsewhere in this part 9, a person shall not operate a residential or day treatment child care facility or child placement agency without first being licensed by the state department to operate or maintain the facility or agency and paying the prescribed fee. Except as otherwise provided in subsection (1)(c) of this section, a license that the state department issues is permanent unless otherwise revoked or suspended pursuant to section 26-6-914.
(b) A person operating a foster care home or kinship foster care home is not required to obtain a license from the state department to operate the foster care home or kinship foster care home if the person holds a certificate issued pursuant to section 26-6-910 to operate the home from a county department or a child placement agency licensed under the provisions of this part 9. A certificate is considered a license for the purpose of this part 9, including but not limited to the investigation and criminal history background checks required under sections 26-6-910 and 26-6-912.
(c) (I) On and after July 1, 2002, and contingent upon the timelines for implementation of the computer "trails" enhancements, child placement agencies that certify foster care homes and kinship foster care homes must be licensed annually until the implementation of any risk-based schedule for the renewal of child placement agency licenses pursuant to subsection (1)(c)(II) of this section. The state board shall promulgate rules specifying the procedural requirements associated with the renewal of child placement agency licenses. The rules must include the requirement that the state department conduct assessments of the child placement agency.
(II) (A) On and after January 1, 2004, and upon the functionality of the computer "trails" enhancements, the state department may implement a schedule for relicensing of child placement agencies that certify foster care homes and kinship foster care homes that is based on risk factors such that child placement agencies with low risk factors renew their licenses less frequently than child placement agencies with higher risk factors.
(B) Prior to January 1, 2004, and contingent upon the timelines for implementation of the computer "trails" enhancements, the state department shall create classifications of child placement agency licenses that certify foster care homes and kinship foster care homes that are based on risk factors as those factors are established by rule of the state board.
(III) On and after July 1, 2021, all residential child care facilities must be licensed annually. The state board shall promulgate rules specifying the procedural requirements associated with the license renewal for residential child care facilities. The rules must include a requirement that the state department conduct assessments of the residential child care facility.
(2) A person shall not receive or accept a child under eighteen years of age for placement, or place a child either temporarily or permanently in a home, other than with persons related to the child, without first obtaining a license as a child placement agency from the department and paying the fee prescribed for the license.
department conduct assessments of the residential child care facility.
(2) A person shall not receive or accept a child under eighteen years of age for placement, or place a child either temporarily or permanently in a home, other than with persons related to the child, without first obtaining a license as a child placement agency from the department and paying the fee prescribed for the license.
(3) The department may issue a one-time provisional license for a period of six months to an applicant for an original license for a foster care home, permitting the applicant to operate the foster care home if the applicant is temporarily unable to conform to all standards required under this part 9, 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 26-6-909 (4).
(4) The department shall not issue a license for a residential or day treatment child care facility until the facilities that the applicant or licensee will operate or maintain are approved by the department of public health and environment as conforming to the sanitary standards prescribed by the 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.
(5) A person shall not send or bring into this state a child for the purposes of foster care or adoption without sending notice of the pending placement and receiving the consent of the department, or its designated agent, to the placement. The notice must contain:
(a) The name and the date and place of birth of the child;
(b) The identity and address or addresses of the parents or legal guardian;
(c) The identity and address of the person sending or bringing the child;
(d) The name and address of the person to or with whom the sending person proposes to send, bring, or place the child;
(e) A full statement of the reasons for the proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
(6) The state board of human services shall establish rules for the approval of foster care homes, kinship foster care homes, and child care centers that provide twenty-four-hour care of children between eighteen and twenty-one years of age for whom the county department is financially responsible and when placed in foster care or kinship foster care by the county department.
(7) On and after July 1, 2005, and subject to designation as a qualified accrediting entity as required by the "Intercountry Adoption Act of 2000", 42 U.S.C. sec. 14901 et seq., the state department may license and accredit a child placement agency for purposes of providing adoption services for conventional adoptions pursuant to the "Intercountry Adoption Act of 2000", 42 U.S.C. sec. 14901 et seq. The state board of human services may adopt rules consistent with federal law governing the procedures for adverse actions regarding accreditation, which procedures may vary from the procedures set forth in the "State Administrative Procedure Act", article 4 of title 24.
g adoption services for conventional adoptions pursuant to the "Intercountry Adoption Act of 2000", 42 U.S.C. sec. 14901 et seq. The state board of human services may adopt rules consistent with federal law governing the procedures for adverse actions regarding accreditation, which procedures may vary from the procedures set forth in the "State Administrative Procedure Act", article 4 of title 24.
(8) (a) (I) The state department shall not issue a license to operate a residential or day treatment child care facility or a child placement agency, and any license or certificate issued prior to August 7, 2006, is revoked or suspended if the applicant for the license or certificate, 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:
(A) Child abuse, as specified in section 18-6-401;
(B) A crime of violence, as defined in section 18-1.3-406;
(C) Any offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9);
(D) 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;
(E) Any felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a license or certificate;
(F) A pattern of misdemeanor convictions, as defined by rule of the state board, within the ten years immediately preceding the date of submission of the application; or
(G) 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 (8)(a)(I)(A) to (8)(a)(I)(F) of this section.
(II) As used in this subsection (8)(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.
(III) An applicant, licensee, or employee of the applicant or licensee who meets the definition of a department employee or an independent contractor, as those terms are defined in section 27-90-111, or who works for a contracting agency, as defined in section 27-90-111, and who will have direct contact with vulnerable persons, as defined in section 27-90-111 (2)(e), is required to submit to a state and national fingerprint-based criminal history record check in the same manner as required pursuant to section 27-90-111 (9); except that the state department shall not bear the cost of the criminal history record check required by this subsection (8)(a)(III). The state department may also conduct a comparison search on the Colorado state courts public access system to determine the crime or crimes for which the individual having direct contact with vulnerable persons was arrested or convicted and the disposition of such crime or crimes. The criminal history record check required by this subsection (8)(a)(III) must be submitted to the state department prior to the individual having direct contact with vulnerable persons, and an applicant, licensee, or employee of an applicant or licensee must not be allowed to have direct contact with vulnerable persons if he or she does not meet the requirements set forth in this subsection (8) and in section 27-90-111 (9).
check required by this subsection (8)(a)(III) must be submitted to the state department prior to the individual having direct contact with vulnerable persons, and an applicant, licensee, or employee of an applicant or licensee must not be allowed to have direct contact with vulnerable persons if he or she does not meet the requirements set forth in this subsection (8) and in section 27-90-111 (9).
(b) The department shall determine the convictions identified in subsection (8)(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 26-6-912 (1)(a)(II). A certified copy of the judgment of a court of competent jurisdiction of a conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence of the conviction or agreement. A license or certificate to operate a residential or day treatment child care facility, foster care home, or child placement agency shall not be issued if the state department has a certified court order from another state indicating that the person applying for the license or certificate 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 state department has a certified court order from another state that the person applying for the license or certificate has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child.
(9) (a) No later than January 1, 2004, the state board shall promulgate rules that require all current and prospective employees of a county department who in their position have direct contact with a child in the process of being placed or who has been placed in foster care to submit a set of fingerprints for purposes of obtaining a fingerprint-based criminal history record check, unless the person has already submitted a set of fingerprints. The check must be conducted in the same manner as provided in subsection (8) of this section and in section 26-6-912 (1)(a). The person's employment is conditional upon a satisfactory criminal background check and subject to the same grounds for denial or dismissal as set forth in subsection (8) of this section and in section 26-6-912 (1)(a). The costs for the fingerprint-based criminal history record check must be borne by the applicant.
(b) When the results of a fingerprint-based criminal history record check performed pursuant to this subsection (9) reveal a record of arrest without a disposition, the state department shall require the person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). The costs for the name-based judicial record check must be borne by the applicant.
(10) The state department shall not issue a license to operate a residential or day treatment child care facility, foster care home, or child placement agency 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, if the court enters, pursuant to part 3 or part 4 of article 14 of title 15, or section 27-65-110 (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 residential or day treatment child care facility, foster care home, or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof.
or part 4 of article 14 of title 15, or section 27-65-110 (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 residential or day treatment child care facility, foster care home, or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof.
(11) The state department is strongly encouraged to examine and report to the general assembly on the benefits of licensing any private, nonprofit child placement agency that is dedicated to serving the special needs of foster care children through services delivered by specialized foster care parents in conjunction with and supported by staff of the child placement agency. The child placement agencies examined must be able to:
(a) Offer the following services:
(I) Provision of educated, skilled, and experienced foster care parents;
(II) Social work support for the foster care child and foster care family;
(III) Twenty-four-hour, on-call availability;
(IV) Monthly foster care parent support group meetings;
(V) Ongoing educational and networking opportunities for any foster care family;
(VI) Individualized treatment plans developed through team collaboration;
(VII) Professional and family networking opportunities; and
(VIII) Respite support and reimbursement;
(b) Provide a form of specialized foster care including, but not limited to, the following types of care:
(I) Medical foster care;
(II) Respite foster care;
(III) Therapeutic foster care;
(IV) Developmentally disabled foster care; and
(V) Treatment foster care.
(12) (a) The state department shall collaborate with the department of education, the department of public health and environment, and the department of health care policy and financing to develop an interagency resource guide pursuant to section 22-2-410 to assist facilities to become licensed or authorized as approved facility schools and to recommend changes related to the interagency resource guide to the state department's statute, rule, or administrative procedures.
(b) The state department shall prominently post the interagency resource guide created pursuant to subsection (12)(a) of this section on the department's website.
C.R.S. § 26-6-906 Compliance with local government zoning regulations - notice to local governments - provisional licensure
26-6-906. Compliance with local government zoning regulations - notice to local governments - provisional licensure. (1) The department shall require a residential or day treatment child care facility seeking a license pursuant to section 26-6-905 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) The department shall ensure that timely written notice is provided to the municipality, city and county, or county where a residential or day treatment 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:
(a) A person applies for a license to operate a facility pursuant to section 26-6-905;
(b) A license is granted to operate a facility pursuant to section 26-6-905; or
(c) A change is made in the license of a facility.
(3) Notwithstanding any other provision of law to the contrary, in the event of a zoning or other delay or dispute between a 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.
(4) (a) Repealed.
(b) On and after July 1, 2024, the provisions of this section do not apply to a foster care home certified pursuant to this part 9 or to a specialized group facility that is licensed to provide care for three or more children pursuant to this part 9 but that is providing care for three or fewer children who are determined to have an intellectual and developmental disability by a case management agency, as defined in section 25.5-6-1702, or who have a serious emotional disturbance.
C.R.S. § 26-6-907 Fees - when original applications, reapplications, and renewals for licensure are required - creation of child welfare licensing cash fund
26-6-907. Fees - when original applications, reapplications, and renewals for licensure are required - creation of child welfare licensing cash fund. (1) (a) The state department is authorized to establish, pursuant to rules promulgated by the state board, permanent, time-limited, and provisional license fees and fees for continuation or renewal, whichever is applicable, of a license for the following types of child care arrangements:
(I) Secure residential treatment centers;
(II) Residential child care facilities, including any special type of residential child care facility designated by rule of the state board;
(III) Child placement agencies, including any special type of foster care home the child placement agency is authorized to certify by rule of the state board;
(IV) Homeless youth shelters;
(V) Day treatment centers;
(VI) Specialized group facilities; and
(VII) Respite child care centers.
(b) The state department may also establish fees pursuant to rules promulgated by the state board for the following situations:
(I) Issuance of a duplicate license;
(II) Change of license due to an increase in licensing capacity or a change in the age of children served;
(III) 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;
(IV) Checking the records and reports of child abuse or neglect maintained by the state department for an owner, employee, or resident of a facility or agency or an applicant for a license to operate a facility or agency;
(V) Filing of appeals;
(VI) Duplication of licensing records for the public;
(VII) Duplication of licensing records in electronic format for the public;
(VIII) Accrediting a child placement agency for purposes of providing adoption services for convention adoptions pursuant to the "Intercountry Adoption Act of 2000", 42 U.S.C. sec. 14901 et seq.;
(IX) Insufficient funds payment and collection of overdue fees and fines; and
(X) Collection of fees for scanning of adoption records pursuant to section 19-5-307.
(c) The fees established pursuant to this subsection (1) must not exceed the direct and indirect costs incurred by the department. The division responsible for licensing facilities and agencies shall develop and implement an objective and systematic approach for setting, monitoring, and revising licensing fees by developing and using an ongoing method to track all direct and indirect costs associated with facility and agency licensing, inspection, and monitoring; developing a methodology to assess the relationship between licensing costs and fees; and annually reassessing costs and fees and reporting the results to the state board. In developing a fee schedule, the department should consider the licensed capacity of facilities and the time needed to license facilities.
(2) (a) An applicant shall pay the fees specified in subsection (1) of this section when applying for issuance, continuance, or renewal of a license. Fees are not subject to refund. An application for a license is required in the situations that are set forth in subsection (2)(b) of this section and must be made on forms prescribed by the state department. Each completed application must set forth the information required by the state department. All licenses continue in force until revoked, surrendered, or expired.
ce, or renewal of a license. Fees are not subject to refund. An application for a license is required in the situations that are set forth in subsection (2)(b) of this section and must be made on forms prescribed by the state department. Each completed application must set forth the information required by the state department. All licenses continue in force until revoked, surrendered, or expired.
(b) (I) An original application and fee are required:
(A) When an individual, partnership, corporation, or association plans to open a foster care home or a residential or day treatment child care facility or child placement agency;
(B) When a facility or foster care home plans to move to a different building at a different location;
(C) When the management or governing body of a facility or agency is acquired by a different individual, association, partnership, or corporation; and
(D) When a change occurs in the operating entity of a facility or agency 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 facility or agency and either the management or governing body of the facility or agency remains the same as originally licensed and the facility or agency is operating in the same building or buildings as originally licensed, the state department shall treat the facility's or agency'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 26-6-912.
(II) A reapplication and fee are required and must be received by the state department in the manner specified in rules promulgated by the state board. An individual, partnership, corporation, or association seeking to renew a facility or agency license must submit a reapplication and fee to the state department as specified in rules promulgated by the state board.
(3) This section does not prevent a city or city and county from imposing fees in addition to those fees specified in this section.
(4) (a) The department shall transmit all fees collected pursuant to this section to the state treasurer, who shall credit the same to the child welfare licensing cash fund created in subsection (4)(b) of this section. The general assembly shall make annual appropriations from the child welfare licensing cash fund for expenditures incurred by the department in the performance of its duties pursuant to this part 9.
(b) The balance as of July 1, 2022, in the child care licensing cash fund, created pursuant to section 26-6-105 (4), as it existed prior to July 1, 2022, that is attributable to licensing fees collected by the division in the department that is responsible for child welfare is hereby transferred to the child welfare licensing cash fund, which fund is hereby created in the state treasury. The state treasurer shall credit all interest derived from the deposit and investment of money in the fund to the fund. At the end of a fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not to be credited or transferred to the general fund or any other fund.
C.R.S. § 26-6-908 Application forms - criminal sanctions for perjury
26-6-908. Application forms - criminal sanctions for perjury. (1) (a) (I) All applications for the licensure of a child placement agency or a residential or day treatment child care facility or the certification of a foster care home or kinship foster care home pursuant to this part 9 must include the notice to the applicant set forth in subsection (1)(b) of this section.
(II) Every application used in the state of Colorado for employment with a facility or agency must include the notice to the applicant that is set forth in subsection (1)(b) of this section.
(b) Each application described in subsection (1)(a) of this section must contain the following notice to the applicant:
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.
(2) A person applying for the licensure of a facility or agency or the certification of a foster care home or kinship foster care home pursuant to this part 9, or a person applying to work at a facility or agency 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, shall be punished accordingly.
(3) Every application for licensure or certification as a foster care home or kinship foster care home must provide notice to the applicant that the applicant may be subject to immediate revocation of licensure or certification or other negative licensing action as set forth in this section (3) and section 26-6-913 and as described by rule of the state board.
C.R.S. § 26-6-909 Standards for facilities and agencies - rules
26-6-909. Standards for facilities and agencies - rules. (1) The department shall prescribe and publish standards for licensing. The standards must be applicable to child placement agencies and the various types of residential and day treatment child care facilities regulated and licensed by this part 9; except that the department shall prescribe and publish separate standards for the licensing of child placement agencies operating for the purpose of adoptive placement and adoption-related services. The department shall seek the advice and assistance of persons representative of the various types of 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. The standards must be established by rules promulgated by the state board and be issued, published, and become effective only in conformity with article 4 of title 24.
(2) Standards prescribed by state board rules pursuant to this section are restricted to:
(a) The operation and conduct of the facility or agency and the responsibility it assumes for child care;
(b) The character, suitability, and qualifications of the applicant for a license and of other persons directly responsible for the care and welfare of children served, including whether an affiliate of the licensee has ever been the subject of a negative licensing action;
(c) The general financial ability and competence of the applicant for a license to provide necessary care for children and to maintain prescribed standards;
(d) The number of individuals or staff required to ensure adequate supervision and care of children served;
(e) (I) The appropriateness, safety, cleanliness, and general adequacy of the premises, including maintenance of adequate fire protection and prevention and health standards in conformance with state laws and municipal ordinances, to provide for the physical comfort, care, well-being, and safety of the children served.
(II) A facility 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.
(f) Keeping of records for food, clothing, equipment, and individual supplies;
(g) Provisions to safeguard the legal rights of children served;
(h) Maintenance of records pertaining to the admission, progress, health, and discharge of children;
(i) Filing of reports with the department;
(j) Discipline of children;
ection report of the property was completed within the preceding twelve months.
(f) Keeping of records for food, clothing, equipment, and individual supplies;
(g) Provisions to safeguard the legal rights of children served;
(h) Maintenance of records pertaining to the admission, progress, health, and discharge of children;
(i) Filing of reports with the department;
(j) Discipline of children;
(k) Standards for seclusion of a child in accordance with article 20 of this title 26. Standards for seclusion must include:
(I) The basis for the use of seclusion in accordance with section 26-20-103;
(II) Duration and frequency of the seclusion;
(III) Facility staff requirements;
(IV) Criteria for the short-term placement of a child in seclusion;
(V) Documentation and review of the seclusion;
(VI) Review and biannual inspection by the department of the seclusion room or area;
(VII) Physical requirements for the seclusion room or area;
(VIII) Certification or approval from the department prior to the establishment of the seclusion room or area;
(IX) A neutral fact finder to determine if the child's situation merits seclusion;
(X) At a minimum, a fifteen-minute checking and review by staff of a child placed in seclusion;
(XI) Review by staff of any seclusion subsequent to each period of seclusion;
(XII) Daily review of the use of the seclusion rooms or areas; and
(XIII) Revocation or suspension of licensure for failure to comply with the standards set forth in this subsection (2)(k).
(l) Standards for security in secure residential treatment centers and residential child care facilities provided through the physical environment and staffing. The standards must include, but need not be limited to, the following:
(I) Locked doors;
(II) Fencing;
(III) Staff requirements to ensure security;
(IV) Inspections;
(V) Physical requirements for program space and for secure sleeping of the residents in the secure residential treatment center or residential child care facility; and
(VI) Other security considerations that are necessary to protect the residents of the secure residential treatment center or residential child care facility or the public.
(m) Standards for the appropriateness, safety, and adequacy of transportation services of children to and from facilities;
(n) Except as provided in subsection (2)(o) of this section, provisions that ensure that foster care homes and child care centers verify, in accordance with part 9 of article 4 of title 25, that each child has received appropriate immunizations against contagious diseases as follows:
(I) Children up to twenty-four months of age are required to be immunized in accordance with the "Infant Immunization Act", part 17 of article 4 of title 25;
(II) Children over twenty-four months of age are required to be immunized in accordance with part 9 of article 4 of title 25;
(o) Provisions that allow a facility that allows a child to enroll and attend the facility 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 in section 25-4-902. A facility that chooses to allow children to enroll and attend on a short-term basis pursuant to the provisions of this subsection (2)(o) shall provide notification to all parents that the facility allows children to enroll and attend on a short-term basis without obtaining proof of immunization.
do so without obtaining verification of immunization for that child, as provided in section 25-4-902. A facility that chooses to allow children to enroll and attend on a short-term basis pursuant to the provisions of this subsection (2)(o) shall provide notification to all parents that the facility allows children to enroll and attend on a short-term basis without obtaining proof of immunization.
(p) Standards for adoption agencies that may include, but need not be limited to:
(I) Specific criteria and minimum credentials, qualifications, training, and education of staff necessary for each of the types of adoption for which an applicant may seek to be licensed, including, but not limited to:
(A) Traditional adoptions with adopting parents who are unknown;
(B) Family adoptions, including stepparent and grandparent adoptions;
(C) Interstate adoptions;
(D) International adoptions;
(E) Identified or designated adoptions; and
(F) Special needs adoptions;
(II) The continuing education requirements necessary to maintain the adoption agency's license, taking into account the type and specialty of such agency's license;
(III) The operation and conduct of the agency and the responsibility it assumes in adoption cases;
(IV) The character, suitability, and qualifications of the applicant for a license and for all direct service staff employed or contracted with by the agency;
(V) The general financial ability and competence of the applicant for a license, either original or renewal, to provide necessary services for the adoption of children and to maintain prescribed standards;
(VI) Proper maintenance of records; and
(VII) Provisions to safeguard the legal rights of children served;
(q) (I) Standards for the training of foster care parents, which must include, at a minimum:
(A) Twenty-seven hours of initial training, consisting of at least twelve hours of training prior to the placement of a child and completion of the remaining training within three months after such placement;
(B) Twenty hours per year of continuing training;
(C) In addition to the hours described in subsection (2)(q)(I)(B) of this section, twelve hours per year for foster care parents providing therapeutic foster care;
(D) Training concerning individualized education programs, as defined in section 22-20-103 (15). The departments of human services and education shall ensure coordination between local county departments and local school districts or administrative units to make such training available upon the request of a foster parent.
(E) The training described in section 19-7-104.
(II) The training described in subsection (2)(q)(I) of this section may include, but need not be limited to, in-home training.
(III) The department shall consult with county departments and child placement agencies in prescribing the training standards in order to ensure a more uniform application throughout the state.
(IV) The hours of training prior to the placement of a child described in subsection (2)(q)(I)(A) of this section may be completed within four months after the placement if the placement was an emergency placement, as defined by rule of the state board.
(r) Initial and ongoing training of providers of foster care services in facilities and agencies licensed and certified pursuant to this part 9, including orientation and prelicensing training for child placement agency staff; and
(2)(q)(I)(A) of this section may be completed within four months after the placement if the placement was an emergency placement, as defined by rule of the state board.
(r) Initial and ongoing training of providers of foster care services in facilities and agencies licensed and certified pursuant to this part 9, including orientation and prelicensing training for child placement agency staff; and
(s) Standards for the training of providers of cradle care home services that must be substantially similar to the training required of adoptive parents prior to adopting an infant, including ongoing training hours appropriate to the services provided.
(2.5) Kinship foster care homes are exempt from the minimum standards set forth in this section. Training standards for kinship foster care homes are established pursuant to section 19-7-104 (4).
(3) If all of the requirements in section 22-1-119.5 and any additional rules of the state board are met, a child enrolled in a residential or day treatment child care facility may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The state board may adopt additional rules concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.
(4) An applicant or person licensed to operate a facility or agency under the provisions of this part 9 has the right to appeal any standard that, in the applicant's or person's opinion, creates 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 the 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 a twenty-four-hour child care facility; a representative from a licensed child placement agency; a representative with child placement experience from a county department; and a representative from at least one other state department, or from the division within the department that is responsible for child welfare, who has education and expertise in trauma-informed care and child welfare. The executive director, or the executive director's designee, shall appoint all members to the appeals review panel. Representatives to the appeals review panel serve terms of no more than three years and may serve successive terms.
(5) The state board may promulgate rules to regulate the operation of out-of-home placement provider consortia. The regulation shall not include licensing of out-of-home placement provider consortia.
(6) Repealed.
(7) (a) A county director, or the county director's designee, may approve, at the county director's discretion, a waiver of non-safety licensing standards for kinship foster care. A waiver may be approved only if:
(I) It concerns non-safety licensing standards, as set forth by rule of the state board pursuant to subsection (7)(d) of this section;
(II) The safety and well-being of the child or children receiving care is not compromised; and
(III) The waiver request is in writing.
(b) A county director of human or social services, or the county director's designee, may limit or restrict certification issued to a kinship foster care home or require the kinship foster care home to enter into a compliance agreement to ensure the safety and well-being of the child or children in the kinship foster home's care.
(c) A kinship foster care entity may not appeal a denial of a waiver requested pursuant to subsection (7)(a) of this section.
county director's designee, may limit or restrict certification issued to a kinship foster care home or require the kinship foster care home to enter into a compliance agreement to ensure the safety and well-being of the child or children in the kinship foster home's care.
(c) A kinship foster care entity may not appeal a denial of a waiver requested pursuant to subsection (7)(a) of this section.
(d) The state board shall promulgate rules concerning the waiver of non-safety licensing standards for kinship foster care. The rules must include, but need not be limited to, a listing of non-safety licensing standards that may not be waived and circumstances in which waivers do not apply. The state board shall also define by rule the meaning of "kinship foster care" for the purposes of this subsection (7).
(8) The executive director has the power to direct the administration or monitoring of medications to persons in facilities pursuant to section 25-1.5-301 (2)(e).
C.R.S. § 26-6-910 Certification and annual recertification of foster care homes and kinship foster care homes by county departments and licensed child placement agencies - background and reference check requirements - rules - definition
26-6-910. Certification and annual recertification of foster care homes and kinship foster care homes by county departments and licensed child placement agencies - background and reference check requirements - rules - definition. (1) This section applies to foster care homes, including kinship foster care homes, certified by county departments or licensed child placement agencies. Except as otherwise provided in subsection (4) of this section, this section does not apply to foster care homes that are licensed by the state department pursuant to the requirements of section 26-6-905 and that do not receive money from the counties or children placed by the counties. A foster care home licensed by the state department must undergo all of the background checks and requirements set forth in section 26-6-905 or as otherwise stated in this part 9.
(2) A person operating a foster care home or kinship foster care home shall obtain a certificate to operate the home from a county department or a child placement agency licensed pursuant to this part 9. A certificate is considered a license for the purpose of this part 9, including but not limited to the investigation and criminal history background checks required pursuant to this section and section 26-6-912. Each certificate must be in the form prescribed and provided by the state department, certify that the person operating the foster care home is a suitable person to operate a foster care home or kinship foster care home or provide care for a child, and contain any other information that the state department requires. A child placement agency issuing or renewing any such certificate shall notify the state department about the certification in a method and time frame as set by rule adopted by the state board.
(3) A foster care home or kinship foster care home, when certified by a county department or licensed child placement agency, may receive for care a child from a source other than the certifying county department or child placement agency upon the written consent and approval of the certifying county department or child placement agency.
(4) A county department or licensed child placement agency may certify a facility as a foster care home that is also licensed as a family child care home, as defined in section 26.5-5-303, by the department of early childhood so long as the licensure and certification are provided by two separate licensing entities.
(5) Prior to issuing a certificate or a recertification to an applicant to operate a foster care home or kinship foster care home, a county department or a child placement agency licensed pursuant to the provisions of this part 9 shall conduct the following background checks for the applicant for a certificate, a person employed by the applicant, or a person who resides at the facility or the home:
(a) A fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation to determine if the applicant, employee, or a person who resides at the facility or the home has been convicted of:
(I) Child abuse, as specified in section 18-6-401;
(II) A crime of violence, as defined in section 18-1.3-406;
(III) An offense involving unlawful sexual behavior, as defined in section 16-22-102 (9);
(IV) A 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;
(V) A felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a certificate;
(VI) A pattern of misdemeanor convictions, as defined by rule of the state board, within the ten years preceding the date of the application for the certificate; or
(VII) An offense in another state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section;
he date of application for a certificate;
(VI) A pattern of misdemeanor convictions, as defined by rule of the state board, within the ten years preceding the date of the application for the certificate; or
(VII) An offense in another state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section;
(b) A check of the ICON system at the state judicial department to determine the status or disposition of any criminal charges brought against the applicant, the employee, or a person who resides at the facility or the home that were identified by the fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation;
(c) A check of the state department's automated database for information to determine if the person, employee, or person who resides at the facility or the home has been identified as having a finding of child abuse or neglect and whether the finding has been determined to present an unsafe placement for a child;
(d) A check against the state's sex offender registry and against the national sex offender public registry operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if the applicant, employee, or person who resides at the facility or the home is a registered sex offender; and
(e) When the results of a fingerprint-based criminal history record check or any other record check performed pursuant to this subsection (5) reveal a record of arrest without a disposition, the county department or licensed child placement agency shall require the person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(5.5) Prior to issuing a certificate or subsequent certificate to an applicant to operate a kinship foster care home pursuant to this part 9 and rules promulgated by the state board, a county department or a child placement agency shall conduct a fingerprint-based criminal history record check through the Colorado bureau of investigation pursuant to section 19-3-406 or 26-6-910. The applicant shall pay, unless otherwise paid by a county department, the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation.
(6) A county department or a child placement agency licensed pursuant to this part 9 shall not issue a certificate to operate, or a recertification to operate, a foster care home or kinship foster care home and shall revoke or suspend a certificate if the applicant for the certificate, a person employed by the applicant, or a person who resides at the facility or home:
(a) Has been convicted of any of the crimes listed in subsection (5)(a) of this section as verified through a fingerprint-based criminal history record check, a name-based judicial record check, if necessary, and a check of the ICON system at the state judicial department;
(b) Has been identified as having a finding of child abuse or neglect through a check of the state department's automated database and such finding has been determined to present an unsafe placement for a child;
n as verified through a fingerprint-based criminal history record check, a name-based judicial record check, if necessary, and a check of the ICON system at the state judicial department;
(b) Has been identified as having a finding of child abuse or neglect through a check of the state department's automated database and such finding has been determined to present an unsafe placement for a child;
(c) Is a registered sex offender in the sex offender registry created pursuant to section 16-22-110 or is a registered sex offender in another state as determined by a check of the national sex offender public registry operated by the United States department of justice; except that this provision does not apply to an adult resident who has been placed in the foster care facility or home for treatment under an adult child waiver. The sex offender registry checks must check the known names and addresses of the applicant, employee, or a person who resides at the facility or the home in the interactive database system for Colorado and in the national sex offender public registry against all of the registrant's known names and addresses.
(7) As used in this section, "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, or a plea of guilty or nolo contendere; except that this does not apply to a diversion or deferral or plea for a juvenile who participated in diversion, as defined in section 19-2.5-102, and does not apply to a diversion or deferral or plea for a person who participated in and successfully completed the child abuse and child neglect diversion program, as described in section 19-3-310.
(8) (a) The convictions identified in subsections (5)(a) and (6)(a) of this section must be determined according to the records of the Colorado bureau of investigation or the federal bureau of investigation and the ICON system at the state judicial department. The screening request in Colorado must be made pursuant to section 19-1-307 (2)(k.5), rules promulgated by the state board pursuant to section 19-3-313.5, and 42 U.S.C. sec. 671 (a)(20). A certified copy of the judgment of a court of competent jurisdiction of the conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence of a conviction or agreement.
(b) The county department or licensed child placement agency shall not issue a certificate to operate a foster care home or a kinship foster care home if the state department or the county department has a certified court order from another state indicating that the person applying for the certificate:
(I) Has been convicted of child abuse or any unlawful sexual offense against a child under a law of another state or the United States, the elements of which are substantially similar to the elements of any of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section; or
(II) Has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child, the elements of which are substantially similar to the elements of any of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section.
ents of any of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section; or
(II) Has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child, the elements of which are substantially similar to the elements of any of the offenses described in subsections (5)(a)(I) to (5)(a)(VI) of this section.
(9) Notwithstanding any other provision of this part 9, a person shall not operate a foster care home or kinship foster care home that is certified by a county department or by a licensed child placement agency if the person is a relative of an employee of the child welfare division or unit of the county department certifying the foster care home or kinship foster care home or a relative of an owner, officer, executive, member of the governing board, or employee of the child placement agency certifying the foster care home or kinship foster care home. If the person files an application with a county department or a child placement agency that would violate this subsection (9) by certifying the foster care home or kinship foster care home, the county department or child placement agency shall refer the application to another county department or child placement agency. Unless otherwise prohibited, the county department or child placement agency to which the application is referred may certify and supervise a foster care home or kinship foster care home operated by the person. The county department that referred the application may place a child in the county-certified foster care home or kinship foster care home upon written agreement of the two county departments.
(10) Notwithstanding any other provision of this part 9, an owner, officer, executive, member of the governing board, or employee of a child placement agency licensed pursuant to this part 9 or a relative of said owner, officer, executive, member, or employee, shall not hold a beneficial interest in property operated or intended to be operated as a foster care home or kinship foster care home, when the property is certified by the child placement agency as a foster care home or kinship foster care home.
(11) A county department or licensed child placement agency may issue a one-time provisional certificate for a period of six months to an applicant for an original certificate that permits the applicant to operate a foster care home or kinship foster care home if the applicant is temporarily unable to conform to all of the standards required pursuant to this part 9 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 a right to appeal to the state department any standard that the applicant believes presents an undue hardship or has been applied too stringently by the county department or licensed child placement agency. Upon the filing of an appeal, the state department shall proceed in the manner prescribed for licensee appeals in section 26-6-909 (4).
(12) A county department or child placement agency shall issue a one-time provisional certificate at a location for a kinship foster care home for a period of six months upon the applicant's request and the successful completion of a fingerprint-based criminal history record check. The one-time provisional certificate permits the applicant to operate the kinship foster care home if the applicant is temporarily unable to conform to all required standards. This is an exception to subsection (11) of this section, which allows the use of provisional certificates. The state department shall promulgate rules for the operation of this subsection (12).
(13) The state board shall promulgate rules to modify the standards for kinship foster care homes to remove non-safety standards, in accordance with state or federal law.
C.R.S. § 26-6-911 Foster care - kinship care - rules applying generally - rule-making
26-6-911. Foster care - kinship care - rules applying generally - rule-making. (1) The state board shall promulgate rules that apply to foster care generally, regardless of whether the foster care is provided by a foster care home certified by a county department or by a child placement agency, and to kinship care, including kinship foster care. The state board shall develop the rules in consultation with the state department, county departments, child placement agencies, and others with expertise in the development of rules regarding foster care.
(2) At a minimum, the rules described in subsection (1) of this section must include the following:
(a) Using the state department's automated database, the procedures for notifying all county departments and child placement agencies that place children in foster care and kinship foster care when the state department has identified a confirmed report of child abuse or neglect, as defined in section 19-1-103, that involves a foster care home or kinship foster care home, as well as the suspension of any further placements in the foster care home or kinship foster care home until the investigation is concluded;
(b) The immediate notification of a child's guardian ad litem or counsel for youth upon the child's placement in a foster care home, and the provision of the guardian ad litem's or counsel for youth's contact information to the foster parents;
(c) A requirement that all county departments and all child placement agencies that place children in foster care conduct and document that all of the background checks specified in section 26-6-910 (5) and (6) have been completed for any person applying to provide foster care, any person employed by the applicant to work in a foster care facility, and any adult resident of the foster care home, prior to placing a child in foster care with that person;
(d) A list of actions a county department or child placement agency shall take if a disqualifying factor is found during any of the background checks specified in sections 26-6-910 (5) and (6) and 19-3-406 (6) and (7);
(e) A list of sanctions the state department may place upon a county department or child placement agency if the required background checks for foster care homes are not completed or documented, including fines or disciplinary actions;
(f) Requirements that foster care homes must be recertified annually, including rules setting forth the procedural requirements associated with certification and recertification. The rules must include requirements that the certifying entity shall perform an on-site visit to each foster care home applying for certification or recertification and shall inspect the entire premises of the foster care home, including sleeping areas, as well as other assessments of the foster care home. Only one county department or child placement agency shall certify a foster care home at any one time. The rules must also specify a time frame for notification and the method for a child placement agency issuing or renewing a certificate to operate a foster care home to notify the state department about any certification.
(g) Rules that govern the health assessment of foster care parents by a licensed health-care professional that require a written evaluation of the person's physical and mental ability to care for foster children. If, in the opinion of the licensed health-care professional or the assessment worker, an emotional or psychological condition exists that would have a negative impact on the care of foster children, the issuance of a certificate must be conditioned on the satisfactory report of a licensed mental health practitioner.
valuation of the person's physical and mental ability to care for foster children. If, in the opinion of the licensed health-care professional or the assessment worker, an emotional or psychological condition exists that would have a negative impact on the care of foster children, the issuance of a certificate must be conditioned on the satisfactory report of a licensed mental health practitioner.
(h) The communication requirements that must be followed between two entities that license and certify the same facility as a foster care home and as a family child care home as set forth in section 26-6-910 (4).
(3) The state department shall review the current address verification practices and policies in other states for checking the prior addresses of persons who apply to be foster care providers or kinship foster care providers and of adults who reside in the foster care home or kinship foster care home. After conducting the review, the state department shall recommend to the state board whether rules and standards should be adopted for verification of addresses of these persons by county departments and child placement agencies.
C.R.S. § 26-6-912 Investigations and inspections - local authority - reports - rules
26-6-912. Investigations and inspections - local authority - reports - rules. (1) (a) (I) (A) The state department shall investigate and pass on each application for issuance of 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 of a license to operate a facility or an agency prior to granting the license or renewal. As part of the investigation, the state department shall require each individual, including but not limited to the applicant, an owner, an employee, a newly hired employee, a licensee, and an adult who is eighteen years of age or older and resides in the licensed facility, to obtain a fingerprint-based criminal history record check by reviewing any record that is used to assist the state department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section 26-6-905 (8) or any other felony. The state board shall promulgate rules that define and identify what the criminal history record check entails.
(B) Rules promulgated by the state board 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)(C) of this section, to include a fingerprint-based criminal history record check using the records of the Colorado bureau of investigation and the federal bureau of investigation and to apply to 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 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 pursuant to section 19-3-313.5 (4). Except as provided in subsection (1)(a)(I)(C) of this section, any change in ownership of a licensed facility or agency or addition of a new resident adult or newly hired employee to the licensed facility requires a new investigation as provided in this section.
(C) 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 department, completed for one of the licensed facilities of the common ownership group or school district pursuant to this section for an individual for whom the check is required pursuant to this part 9, 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 department 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 26-6-905 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 department that requires action pursuant to this part 9; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control.
(D) The state board shall promulgate rules to implement this subsection (1)(a)(I).
(II) Rules promulgated by the state board pursuant to subsection (1)(a)(I) of this section must also include:
ct maintained by the department that requires action pursuant to this part 9; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control.
(D) The state board shall promulgate rules to implement this subsection (1)(a)(I).
(II) Rules promulgated by the state board pursuant to subsection (1)(a)(I) of this section must also include:
(A) 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 state department determines is appropriate for each circumstance in which the Colorado bureau of investigation fingerprint check 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;
(B) Any other recognized database that is accessible on a statewide basis as set forth by rules promulgated by the state board; and
(C) 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).
(III) If the operator of a facility or agency refuses to hire an applicant as a result of information disclosed in the investigation of the applicant pursuant to subsection (1)(a)(I) of this section, the facility or agency is not subject to civil liability for the refusal to hire. If a former employer of the applicant releases information requested by the facility or agency pertaining to the applicant's former performance, the former employer is not subject to civil liability for the information given.
(b) An applicant for certification as a foster care home or kinship foster care home shall provide the child placement agency or the county department from which the certification is sought with a list of all the prior child placement agencies and county departments to which the applicant has previously applied, and a release of information from the child placement agencies and county departments to which the applicant has previously applied, to obtain information about the application and any certification given by the child placement agencies and county departments. A child placement agency or county department from which the certification is sought shall conduct a reference check of the applicant and any adult resident of the foster care home or kinship foster care home by contacting all of the child placement agencies and county departments identified by the applicant before issuing the certification for that foster care home or kinship foster care home. Child placement agencies and county departments are held harmless for information released, in good faith, to other child placement agencies or county departments.
he foster care home or kinship foster care home by contacting all of the child placement agencies and county departments identified by the applicant before issuing the certification for that foster care home or kinship foster care home. Child placement agencies and county departments are held harmless for information released, in good faith, to other child placement agencies or county departments.
(c) (I) For all applicants applying to be a foster care home or kinship foster care home, regardless of reimbursement, the county department or child placement agency shall require each adult who is eighteen years of age or older and who resides in the home to obtain a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation. The applicant must provide the county department or child placement agency with the addresses where the applicant and any adult residing in the home have lived in the preceding five years, including addresses from other states. The county department or the child placement agency shall conduct the following background checks of the applicant or an adult residing in the home:
(A) A fingerprint-based criminal history record check to determine if the applicant or adult residing in the home has been convicted of any of the crimes listed in section 26-6-910 (5)(a);
(B) A check of the ICON system at the state judicial department to determine the status or disposition of any pending criminal charges brought against the applicant or adult who resides in the home that were identified by the fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation;
(C) A check of the state department's automated database for information to determine if the applicant or adult who resides in the home has been identified as having a finding of child abuse or neglect and whether the finding has been determined to present an unsafe placement for a child;
(D) A check against the state's sex offender registry and against the national sex offender public registry operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if the applicant or adult who resides in the home is a registered sex offender; and
(E) When the results of a fingerprint-based criminal history record check performed pursuant to this subsection (1)(c)(I) reveal a record of arrest without a disposition, a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).
(II) In addition to the fingerprint-based criminal history record check, the county department or child placement agency shall contact the appropriate entity in each state in which the applicant or any adult residing in the home has resided within the preceding five years to determine whether the individual has been found to be responsible in a confirmed report of child abuse or neglect.
(III) The screening request in Colorado for criminal history record checks through the Colorado bureau of investigation and the federal bureau of investigation must be made pursuant to section 19-1-307 (2)(k.5), rules promulgated by the state board pursuant to section 19-3-313.5, and 42 U.S.C. sec. 671 (a)(20).
(IV) The department must conduct an investigation pursuant to this subsection (1)(c) for any new resident adult whenever the adult is added to the foster care home or kinship care home. The department shall not use information obtained from state records of abuse or neglect for any purpose other than conducting the investigation for placement or certification.
3.5, and 42 U.S.C. sec. 671 (a)(20).
(IV) The department must conduct an investigation pursuant to this subsection (1)(c) for any new resident adult whenever the adult is added to the foster care home or kinship care home. The department shall not use information obtained from state records of abuse or neglect for any purpose other than conducting the investigation for placement or certification.
(d) (I) When the state department, county department, or child placement agency is able to certify that the applicant or licensee is competent and will operate adequate facilities to care for children pursuant to the requirements of this part 9 and that standards are being met and will be complied with, it shall issue the license for which the applicant or licensee applied. The state 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 26-6-909 and the rules of the state department, or that otherwise appear to be placing children at risk. The state department may make such other inspections as it deems necessary to ensure that the requirements of this part 9 are being met and that the health, safety, and welfare of the children being placed are protected. If, as a result of an inspection of a certified foster care home or kinship foster care home, the state department determines that a child residing in the foster care home or kinship foster care home is subject to an immediate and direct threat to the child's safety and welfare, as defined by rules promulgated by the state board, or that a substantial violation of a fundamental standard of care warrants immediate action, the state department may require a county department to immediately remove the child from the foster care home or kinship foster care home.
(II) The state board shall adopt rules concerning the on-site public availability of the most recent inspection report results of facilities, when requested. The state board shall also adopt rules concerning a requirement that all facilities licensed pursuant to this part 9 post their licenses and information regarding the procedures for filing a complaint pursuant to this part 9 directly with the state department, which rules must require that each facility display its license and complaint procedures in a prominent and conspicuous location at all times during operational hours of the facility; except that the rules must not require foster care homes to post their licenses and the rules must not require foster care homes and child placement agencies to post information regarding the procedures for filing a complaint pursuant to this part 9 directly with the state department. The state board shall adopt rules requiring foster care homes to make their licenses available to their patrons for inspection, upon request, and requiring foster care homes and child placement agencies to make the information concerning the filing of complaints available to their patrons for inspection, upon request.
r filing a complaint pursuant to this part 9 directly with the state department. The state board shall adopt rules requiring foster care homes to make their licenses available to their patrons for inspection, upon request, and requiring foster care homes and child placement agencies to make the information concerning the filing of complaints available to their patrons for inspection, upon request.
(e) Notwithstanding any provision of this part 9 to the contrary, the state department may enter into an interagency agreement or a memorandum of understanding, or both, as necessary to complete the criminal history record checks and other background checks required in this section.
(2) (a) (I) Except as otherwise provided in subsection (2)(a)(II) of this section, the state department may authorize or contract with a county department, the county department of health, or another 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 pursuant to this part 9 and may accept reports on the investigations and inspections from the agencies or organizations as a basis for licensing. When contracting for investigations and inspections, the state department shall ensure that the contractor is qualified by training and experience and has no conflict of interest with respect to the facilities to be inspected.
(II) The state department shall not authorize or contract with a county department, the county department of health, or another 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 (2)(a)(I) of this section of any facilities that provide twenty-four-hour care and are licensed pursuant to this part 9.
(b) A city, county, or city and county may impose and enforce higher standards and requirements for facilities licensed pursuant to this part 9 than the standards and requirements specified pursuant to this part 9.
(3) Every facility and agency licensed pursuant to this part 9 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 or agency and shall report relative thereto to the department whenever called for, upon forms prescribed by the department. Both the facility or agency and the department shall keep confidential all records regarding children and all facts learned about children and their relatives.
(4) Within available appropriations, the state department shall monitor, on at least a quarterly basis, the county department certification of foster care homes and kinship foster care homes.
(5) As described in section 19-3.3-103, the state department and the office of the child protection ombudsman shall coordinate site visits to investigate and review residential child care facilities that house unaccompanied immigrant children who are in the custody of the office of refugee resettlement in the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The state department and the office of the child protection ombudsman may share final reports based on their site visits.
(6) When the state department receives a serious complaint about a facility or agency licensed pursuant to this part 9 alleging the immediate risk to the health or safety of the children cared for in the facility, the state department shall respond to the complaint and conduct an on-site investigation concerning the complaint within forty-eight hours after its receipt.
C.R.S. § 26-6-913 Revocation of certification of foster care home or kinship foster care home - emergency procedures - due process
26-6-913. Revocation of certification of foster care home or kinship foster care home - emergency procedures - due process. Notwithstanding any other provision of law to the contrary, a county department may act immediately to revoke the certification of a county-certified foster care home or kinship foster care home when the county department has reason to believe that a child residing in the foster care home or kinship foster care home is subject to an immediate and direct threat to the child's safety and welfare or when a substantial violation of a fundamental standard of care warrants immediate action. If the county department acts pursuant to this section, a due process hearing shall be held within five days after the action and conducted as the hearing would normally be conducted pursuant to article 4 of title 24.
C.R.S. § 26-6-914 Denial of license - suspension - revocation - probation - refusal to renew license - fines - definitions
26-6-914. Denial of license - suspension - revocation - probation - refusal to renew license - fines - definitions. (1) When the department has denied an application for a license, 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. An applicant who is aggrieved by the denial may pursue the remedy for review as provided in subsection (10) 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 or agency regulated and licensed pursuant to this part 9 or assess a fine against the licensee pursuant to section 26-6-921 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 or agency:
(a) Is convicted of a felony, other than those offenses specified in section 26-6-905 (8), 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 a felony, other than those offenses specified in section 26-6-905 (8), or child abuse, as specified in section 18-6-401, or if the department has 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 26-6-905 (8), under a law of another state or of 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 26-6-905 (8); or
(b) 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 another 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 26-6-905 (8)(a)(II).
(c) Is 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 27-65-110 (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 facility or agency, the record of such determination and entry of such order being conclusive evidence thereof; or
(d) 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 agency or is under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility or agency; or
such determination and entry of such order being conclusive evidence thereof; or
(d) 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 agency or is under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility or agency; or
(e) 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
(f) Consistently fails to maintain standards prescribed and published by the department; or
(g) Furnishes or makes any misleading or any false statement or report to the department; or
(h) 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 or agency for licensing purposes; or
(i) 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
(j) 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 of human services or by ordinances or regulations applicable to the location of such facility; or
(k) Willfully or deliberately violates any of the provisions of this part 9 or any of the standards prescribed and published in department rule pursuant to this part 9; or
(l) 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
(m) 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:
(I) The individual has admitted committing the act or offense and the admission is documented or uncontroverted; or
(II) The administrative law judge finds that the charge is supported by substantial evidence; or
(n) 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 or agency 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).
(o) Is the subject of a negative licensing action; or
ial evidence is found that the licensee, person employed by the licensee, or person who resides with the licensee in the licensed facility or agency 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).
(o) Is the subject of a negative licensing action; or
(p) Misuses any public funds that are provided to a foster care home, or child placement agency that places or arranges for placement of a child in foster care, for the purposes of providing foster care services, child placement services related to the provision of foster care, or any administrative costs related to the provision of foster care services or foster-care-related child placement services. The state board shall promulgate rules defining the term "misuse", which rules must take into account similar definitions in federal law and may include references to relevant circulars of the federal office of management and budget.
(3) The state 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 state department may deny an application for a facility or agency license pursuant to this part 9 if the applicant is a relative affiliate of a licensee of a facility or agency licensed pursuant to this part 9, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the state department that may result in a negative licensing action.
(5) The state department may deny an application for a child placement agency license pursuant to this part 9 if the applicant is a relative affiliate of a licensee of a child placement agency licensed pursuant to this part 9, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the state department that may result in a negative licensing action.
(6) (a) (I) The state department shall deny an application for a license under the circumstances described in section 26-6-905 (8). The state department shall revoke or suspend a license previously issued if:
(A) 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 26-6-905 (8); or
(B) 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 another state or of the United States that is similar to any of the criminal offenses set forth in section 26-6-905 (8); or
(C) The licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility or agency 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 27-65-110 (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 facility or agency, the record of such determination and entry of such order being conclusive evidence thereof.
court of competent jurisdiction and a court has entered, pursuant to part 3 or part 4 of article 14 of title 15, or section 27-65-110 (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 facility or agency, the record of such determination and entry of such order being conclusive evidence thereof.
(II) As used in this subsection (6)(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.
(b) A certified copy of the judgment of a court of competent jurisdiction of a conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement, or a certified court order from another state indicating an agreement from another state, is prima facie evidence of the conviction or agreement.
(7) The state department shall deny an application for a facility or agency licensed pursuant to this part 9 and shall revoke the license of a facility or agency licensed pursuant to this part 9 if the facility or agency cultivates marijuana pursuant to the authority in section 16 of article XVIII of the state constitution.
(8) The department may assess fines, pursuant to the provisions of section 26-6-921, 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 9.
(9) The department shall determine the 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 26-6-912 (1)(a)(II).
(10) 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 all hearings under this part 9 must be conducted by an administrative law judge of the department, who shall render a recommendation to the executive director of the department, who shall render the final decision of the department, and no licensee is 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. The hearing shall not prevent or delay any injunctive proceedings instituted pursuant to the provisions of section 26-6-918.
(11) The provisions of subsection (2)(d) of this section do not apply to foster care homes, unless such use or consumption impairs the licensee's ability to properly care for children.
(12) A child placement agency licensed pursuant to this part 9 that places or arranges for placement of a child in foster care may certify the home of a relative of the child placed therein as a foster care home only upon the request of a county department.
C.R.S. § 26-6-915 Notice of negative licensing action - filing of complaints
26-6-915. Notice of negative licensing action - filing of complaints. (1) (a) When a facility or agency licensed pursuant to this part 9 has been notified by the department of a negative licensing action or the imposition of a fine pursuant to section 26-6-914 (2) and (8), it shall, within ten days after receiving the notice, provide the department with the names and mailing addresses of the parents or legal guardians of each child cared for at the facility or agency. The department shall maintain the confidentiality of the names and mailing addresses provided to it pursuant to this subsection (1).
(b) Within twenty days after receiving 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 such 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 or agency. The department shall send the notice to the parents and legal guardians by first-class mail.
(c) The state board 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.
(d) This subsection (1) does not preclude the state department or a county department from notifying parents or legal guardians of serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 9 that could impact the health, safety, or welfare of a child cared for at the facility or home.
(2) The state board shall promulgate rules requiring facilities and agencies to provide written notice to the parents and legal guardians of the children cared for in the facilities and agencies of the procedures by which to file a complaint against the facility or agency or an employee of the facility or agency with the division within the department that is responsible for facility and agency licensing. The rules must specify the information that the notice must contain and must require that the notice include the current mailing address and telephone number of the division within the department that is responsible for facility and agency licensing.
C.R.S. § 26-6-916 Institutes
26-6-916. Institutes. The department may hold institutes and programs for licensees under this part 9 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 9. In conducting the institutes and programs, the department may request the assistance of health, education, and fire safety officials.
C.R.S. § 26-6-917 Acceptance of federal grants
26-6-917. Acceptance of federal grants. The department is authorized to accept, on behalf of the state, any grants of federal funds made available for any purposes consistent with the provisions of this part 9. The executive director of the department, with the approval of the governor, has the power to direct the disposition of any grants so accepted in conformity with the terms and conditions under which they are given.
C.R.S. § 26-6-918 Injunctive proceedings
26-6-918. 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 a person from operating a facility or agency without a license that is required to be licensed pursuant to this part 9. If the person does not have a valid license pursuant to this part 9, the person's license has been revoked pursuant to section 26-6-914, or the person does not meet the licensing exemption criteria set forth in section 26-6-904, yet provides child care and has a pattern of providing the child care without a valid license as required by this part 9, and despite having received notification from the department that the person, facility, or agency is in violation of the law, then the person, facility, or agency 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 operating the facility or agency 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 as required by this part 9. In case of a violation of an injunction issued pursuant to this section, the court may summarily try and punish the offender for contempt of court. Injunctive proceedings pursuant to this section are in addition to and not in lieu of the penalty provided in section 26-6-919.
C.R.S. § 26-6-919 Penalty
26-6-919. Penalty. On or after July 1, 2021, a person violating any provision of this part 9, intentionally making a false statement or report to the department or to an agency delegated by the department to make an investigation or inspection pursuant to the provisions of this part 9, or violating a cease-and-desist order that is not cured is guilty of 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.
C.R.S. § 26-6-920 Periodic review of licensing and certification rules and procedures
26-6-920. Periodic review of licensing and certification rules and procedures. At least every five years, the department shall conduct a comprehensive review of the licensing and certification rules for foster care homes, kinship foster care homes, and child placement agencies and the procedures relating to and governing foster care homes, kinship foster care homes, and agencies, including procedures for the review of backgrounds of employees and owners. In conducting the periodic review, the department shall consult with foster care providers, kinship foster care providers, child placement agencies, county departments, the department of public health and environment, and other interested parties throughout the state. The periodic review must include an examination of the rules applicable to foster care homes, kinship foster care homes, and child placement agencies; the process of licensing foster care homes and child placement agencies; the certification process for foster care homes and kinship foster care homes; 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 foster care providers, kinship foster care providers, 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 state board.
C.R.S. § 26-6-921 Civil penalties - fines - child welfare cash fund - created
26-6-921. Civil penalties - fines - child welfare cash fund - created. (1) In addition to any other penalty otherwise provided by law, including section 26-6-919, a person who violates any provision of this part 9 or intentionally makes a 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 9 may be assessed a civil penalty up to a maximum of ten thousand dollars, as follows:
(a) Two hundred and fifty dollars a day for the first day;
(b) Five hundred dollars a day for the second day; and
(c) 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 9 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 of the department, who shall render a recommendation to the executive director of the department, who shall render the final decision of the department.
(4) (a) The department shall transmit fines collected pursuant to this section, section 26-6-914 (2) and (8), and section 26-6-915 (1)(c) to the state treasurer, who shall credit the same to the child welfare cash fund, created in subsection (4)(b) of this section.
(b) The balance as of July 1, 2022, in the child care cash fund, created pursuant to section 26-6-114 (5), as it existed prior to July 1, 2022, that is attributable to fines and civil penalties collected by the division in the department that is responsible for child welfare is hereby transferred to the child welfare cash fund, which fund is hereby created in the state treasury. The treasurer shall credit all interest derived from the deposit and investment of money in the child welfare cash fund to the fund. At the end of a fiscal year, all unexpended and unencumbered money in the child welfare cash fund remains in the fund and is not credited or transferred to the general fund or any other fund. Money in the child welfare 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.
C.R.S. § 26-6-922 Child placement agencies - information sharing - investigations by state department - recovery of money - rule-making
26-6-922. Child placement agencies - information sharing - investigations by state department - recovery of money - rule-making. (1) If a county department has substantiated evidence that a child placement agency with which the county has contracted to provide foster care services has violated the provisions of this part 9 or a rule of the state board, it shall communicate the information to the state department. A county department shall also identify whether it is requesting the state department to investigate a complaint against a child placement agency for possible negative licensing action against the child placement agency.
(2) Upon receiving a request for investigation of a child placement agency from a county department, the state department shall commence an investigation and, upon conclusion, report its findings to the requesting county department. The state department shall include in its report to the county department the child placement agency's response, if any, to the findings.
(3) The state department shall provide to county departments and affected child placement agencies direct access to information concerning the results of an investigation or negative licensing action taken against the affected child placement agency licensed to provide foster care services in Colorado.
(4) (a) The state department, in collaboration with the federal department of health and human services and other federal agencies and with county departments, shall seek recovery from a child placement agency of any public funds that the child placement agency has misused, as the term "misuse" is defined by rules promulgated pursuant to section 26-6-914 (2)(p).
(b) A county and child placement agency that enters into a contract for the provision of foster care services shall include a provision in the contract that recognizes a right of the state department or county department to recover any funds misused by the child placement agency and to withhold subsequent payments. The provision in the contract must provide for an appeal of the decision to recover or withhold the funds. The state board shall promulgate rules that set forth the procedures for the appeal, which rules must require, at a minimum, reasonable notice to the child placement agency.
C.R.S. § 26-6-923 Residential child care provider training academy - clinical quality and oversight - report - rules - definition
26-6-923. Residential child care provider training academy - clinical quality and oversight - report - rules - definition. (1) The residential child care provider training academy is created in the state department to facilitate a pipeline of high-quality staff for residential child care providers and ensure that individuals hired to work at residential child care facilities receive the necessary training to perform the individual's job functions responsibly and effectively.
(2) On or before September 15, 2025, the state department shall promulgate rules for the administration of the academy. At a minimum, the rules must include:
(a) Identification of specific residential child care provider types that are required to utilize the academy;
(b) Identification of specific residential provider staff members who are required to obtain academy training;
(c) Establishment of minimum standards of competence that a staff member shall demonstrate prior to receiving academy certification;
(d) Identification of the means by which a staff member may demonstrate the minimum standards of competence required pursuant to subsection (2)(c) of this section; and
(e) Identification of training curricula, which must include cultural competency for providers.
(3) No later than July 1, 2025, the state department shall develop a system to establish and monitor quality standards for residential child care providers, including clinical care for children and youth in residential treatment settings, and ensure the quality standards are implemented into all levels of care that serve children and youth in out-of-home placement.
(4) No later than July 1, 2026, the state department shall develop a system to incentivize residential child care providers to implement quality standards above the minimum standards established by the state department pursuant to subsection (3) of this section.
(5) No later than July 1, 2026, the state department shall make publicly available on the state department's website a directory of each residential child care provider's quality assurance.
(6) (a) No later than January 1, 2025, the state department shall collect data from residential child care providers on the reasons providers deny, or are unable to provide, residential child care services to children and youth.
(b) Upon implementation of the behavioral health capacity tracking system created pursuant to section 27-60-104.5, the behavioral health administration shall provide to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, a report on residential child care provider denials of care.
(7) No later than July 1, 2026, and each July thereafter, the state department shall submit an annual report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, on the implementation of quality standards developed pursuant to subsection (3) of this section.
(8) Each local education provider is responsible for ensuring a child residing within its district receives free and appropriate public education that is consistent with all applicable federal and state statutes, rules, and regulations.
(9) As used in this section, unless the context otherwise requires:
(a) "Academy" means the residential child care provider training academy created in subsection (1) of this section.
(b) "Child or youth" means an individual who is less than twenty-one years of age.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-26.docxFetched: 10/6/2026