First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 15-0179.01 Jane Ritter x4342 SENATE BILL 15-070 SENATE SPONSORSHIP Lundberg, Lambert, Neville T., Woods HOUSE SPONSORSHIP Joshi, Senate Committees House Committees Health & Human Services A BILL FOR AN ACT Concerning limiting state child care regulations to child care facilities that care for ten or more children. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Current law limits state licensing, registration, and other regulation requirements to only those child care facilities (facilities) that care for 5 or more children. The bill increases that limit to 10 or more children. The requirement for facilities with 9 or fewer children to apply to the state department of human services (state department) for an exemption to licensing requirements is removed. Decisions by the state department related to licensing of facilities may be appealed to the state department and subsequently to an administrative law judge. The bill makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 26-6-102, amend (1.5), (2.2) (a), (2.5) (a) (I) introductory portion, (8), and (9); and repeal (3.7) as follows: 26-6-102. Definitions. As used in this article, unless the context otherwise requires: (1.5) "Child care center" means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five ten or more children who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and centers for developmentally disabled children with developmental disabilities and those facilities that give twenty-four-hour care for children. and The term also includes those facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school. except that The term shall does not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades or operated as a component of a school district's preschool program operated pursuant to article 28 of title 22, C.R.S. The term shall does not include any facility licensed as a family child care home, a foster care home, or a specialized group facility that is licensed to provide care for three or more children pursuant to as defined in subsection (10) of this section, but that is providing care for three or fewer children who are determined to have a developmental disability by a community centered board or who are diagnosed with a serious emotional disturbance. (2.2) (a) "Children's resident camp" means a facility operating for three or more consecutive twenty-four-hour days during one or more seasons of the year for the care of five ten or more children. The facility shall A children's resident camp must have as its purpose a group living experience offering education and recreational activities in an outdoor environment. The recreational experiences may occur at the permanent camp premises or on trips off the premises. (2.5) (a) "Day treatment center" means a facility that: (I) Provides less than twenty-four-hour care for groups of five ten or more children who are: (3.7) "Exempt family child care home provider" means a family child care home provider who is exempt from certain provisions of this part 1 pursuant to section 26-6-103 (1) (g). (8) "Residential child care facility" means a facility licensed by the state department pursuant to this part 1 to provide twenty-four-hour group care and treatment for five ten or more children operated under private, public, or nonprofit sponsorship. "Residential child care facility" The term includes community-based residential child care facilities, shelter facilities, and therapeutic residential child care facilities as defined in rule by the state board, and psychiatric residential treatment facilities as defined in section 25.5-4-103 (19.5), C.R.S. 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, C.R.S. (9) "Secure residential treatment center" means a facility operated under private ownership that is licensed by the department pursuant to this part 1 to provide twenty-four-hour group care and treatment in a secure setting for five ten or more children or persons up to the age of twenty-one years over whom the juvenile court retains jurisdiction pursuant to section 19-2-104 (6), C.R.S., 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. SECTION 2. In Colorado Revised Statutes, 26-6-103, amend (1) introductory portion and (1) (h); repeal (1) (g); and add (1) (i) and (5) as follows: 26-6-103. Application of part - definitions - appeals. (1) This part 1 shall does not apply to: (g) A family child care home receiving one child for less than twenty-four-hour care or receiving two or more children who are related to each other as brother or sister from the same family household for less than twenty-four-hour care or such additional number of children as may be specified by rules promulgated by the state board of human services. The department shall conduct a study on whether rules should be modified to allow an additional number of children to be cared for in a family home that is exempt from licensing and shall present options and recommendations to the state board on or before October 1, 1996. The department shall consult with individuals and organizations who express to the department an interest in participating in the development of such recommendations, and the department shall notify such individuals and organizations of the date and location of the board hearing. The department shall examine the relationship between the licensing regulations governing larger family care homes and child care centers and shall present options and recommendations to the state board on or before October 1, 1996. In making such recommendations, the department shall consult with individuals and organizations who express to the department an interest in participating in the development of such recommendations, and the department shall notify such individuals and organizations of the date and location of the board hearing. Notwithstanding any provision of this paragraph (g) to the contrary, an exempt family child care home provider shall comply with the provisions of section 26-6-120 if he or she provides care for a child whose care is funded in whole or in part with moneys received on the child's behalf pursuant to the Colorado child care assistance program created in part 8 of article 2 of this title. (h) Nursing homes which have children as residents; and (i) Any child care facility that cares for nine children or fewer, including but not limited to child care centers, children's resident camps, day treatment centers, residential child care facilities, secure residential treatment centers, and specialized group facilities. (5) Any decision by the state department related to this part 1 may be appealed directly to the state department, and any such decision on an appeal to the state department may be submitted as an administrative appeal to an administrative law judge. SECTION 3. In Colorado Revised Statutes, 19-1-307, amend (2) introductory portion and (2) (j.5) as follows: 19-1-307. Dependency and neglect records and information - access - fee - rules - records and reports fund - misuse of information - penalty. (2) Records and reports - access to certain persons - agencies. Except as otherwise provided in section 19-1-303, only the following persons or agencies shall be given may have access to child abuse or neglect records and reports: (j.5) The state department of human services or a county or district department of human or social services investigating an exempt family child care home provider pursuant to section 26-6-120, C.R.S., as a prerequisite to issuance or renewal of a contract or any payment agreement to receive moneys for the care of a child from publicly funded state child care assistance programs. Access to the records and reports of child abuse or neglect granted to the named department or agencies shall must serve only as the basis for further investigation. SECTION 4. In Colorado Revised Statutes, 26-6-108.5, amend (3) as follows: 26-6-108.5. Notice of negative licensing action - filing of complaints. (3) The department shall track and record complaints made to the department that are brought against family child care homes and shall identify which complaints were brought against licensed family child care homes, as defined in section 26-6-102 (4), or unlicensed family child care homes. or legally exempt family child care homes, as defined in 26-6-103 (1) (g). SECTION 5. In Colorado Revised Statutes, repeal 26-2-805.5. SECTION 6. In Colorado Revised Statutes, 26-6-120, amend (1) (a) (I) and (3) (b) as follows: 26-6-120. Family child care home providers - fingerprint-based criminal history record check - child care assistance program moneys - temporary care - definitions. (1) (a) (I) An exempt A family child care home provider who provides care for a child and an individual who provides care for a child who is related to the individual, referred to collectively in this section as a "qualified provider", shall be subject to a fingerprint-based criminal history record check, referred to in this section as an "FCC", as provided in this section and the rules authorized in section 26-6-107 (1) (a) (I) and (1) (a) (I.5), if the child's care is funded in whole or in part with moneys received on the child's behalf from the publicly funded Colorado child care assistance program. The provisions of this section shall apply to exempt family child care home providers or individuals who provide care to a related child who receive moneys from the publicly funded Colorado child care assistance program pursuant to contracts or other payment agreements entered into or renewed on or after May 25, 2006. (3) A contract to provide moneys under the Colorado child care assistance program pursuant to part 8 of article 2 of this title shall not be issued or renewed by the state department or a county department to a qualified provider if the qualified provider or a qualified adult: (b) Has been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to part 3 or 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency or insanity is of such a degree that the qualified provider cannot safely operate a child care home. The record of such determination and entry of such order shall be conclusive evidence thereof. A qualified provider shall sign an attestation affirming the lack of such a finding prior to entering into or renewing a contract for moneys under the Colorado child care assistance program. pursuant to section 26-2-805.5 (2). SECTION 7. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 5, 2015, if adjournment sine die is on May 6, 2015); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.