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Second Regular Session
Sixty-first General Assembly
LLS NO. 980153.01 MN
SENATE BILL 98157
STATE OF COLORADO
BY SENATOR Tebedo;
also REPRESENTATIVE Kreutz.
A BILL FOR AN ACT
CONCERNING FAMILY CHILD CARE HOMES.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Provides that, on and after July 1, 1998, no new covenant governing the use of real property shall be filed that directly or effectively prohibits the operation of a family child care home. Establishes exceptions for housing for older persons, and common interest communities that are condominiums or planned community town home projects that consist of 3 or more individual dwelling units having architectural unity and common walls between units.
Provides that a homeowner association and its agents, employees, governing board, members, officers, directors, and elected representatives are immune from liability for damages arising from the actions or omissions of the owners of or residents or children in a family child care home based upon the operation of the family child care home.
Provides that, in creating the master plan of a county
or region, the county or regional planning commission may take
into consideration the availability of family child care homes
within the county or region.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 266101.4, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
266101.4. Legislative declaration concerning the protections afforded by regulation need for family child care homes. (3) (a) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT, DUE TO THE DRAMATIC INCREASE IN THE NUMBER OF TWOPARENT AND SINGLEPARENT FAMILIES IN WHICH PARENTS WORK OUTSIDE THE HOME, THERE IS A NEED TO PROMOTE THE DEVELOPMENT OF MORE AFFORDABLE, QUALITY CHILD CARE CHOICES FOR COLORADO'S FAMILIES.
(b) RECENT STUDIES, SUCH AS THAT OF THE NATIONAL INSTITUTE FOR CHILD HEALTH AND HUMAN DEVELOPMENT AND THE REPORT OF THE UNITED STATES SENATE HEARING, NUMBER 10585, ON THE POLICY IMPLICATIONS OF CHILD BRAIN DEVELOPMENT, INDICATE THAT CHILDREN UP TO THREE YEARS OF AGE BENEFIT FROM BEING CARED FOR BY THEIR PARENTS OR IN A SETTING THAT APPROXIMATES A FAMILY SETTING AS CLOSELY AS POSSIBLE.
(c) SINCE A FAMILY CHILD CARE HOME PROVIDER CAN CARE FOR UP TO EIGHT UNRELATED CHILDREN PURSUANT TO RULES PROMULGATED BY THE STATE DEPARTMENT, SUCH A PROVIDER CAN VERY CLOSELY APPROXIMATE A FAMILY SETTING. MOREOVER, A FAMILY CHILD CARE HOME PROVIDER CAN CARE FOR THE PROVIDER'S OWN CHILDREN WHILE CARING FOR OTHER CHILDREN IN THE FAMILY CHILD CARE HOME, THUS FULFILLING A NEED FOR THE GAINFUL EMPLOYMENT OF SUCH PROVIDERS WHILE, AT THE SAME TIME, FULFILLING THE COMMUNITY SERVICE NEED OF ASSUMING CHILD REARING RESPONSIBILITIES OF THEIR CHILDREN AND OTHERS' CHILDREN.
(d) SINCE MANY FAMILIES PREFER TO ARRANGE FOR AND PURCHASE CHILD CARE IN THEIR OWN NEIGHBORHOODS, THE GENERAL ASSEMBLY FINDS IT NECESSARY TO ENCOURAGE THE DEVELOPMENT OF FAMILY CHILD CARE HOMES BY ELIMINATING BARRIERS THAT MIGHT PREVENT SUCH CHILD CARE HOMES FROM BEING ESTABLISHED IN RESIDENTIAL NEIGHBORHOODS.
SECTION 2. Part 1 of article 6 of title 26, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
266103.5. Family child care home special provisions.
(1) (a) FOR COVENANTS RECORDED ON OR AFTER JULY 1, 1998, FAMILY CHILD CARE HOMES SHALL BE CONSIDERED A RESIDENTIAL USE OF PROPERTY FOR PURPOSES OF COVENANTS GOVERNING THE USE OF REAL PROPERTY AND SHALL BE PERMITTED IN ALL NEIGHBORHOODS IN WHICH RESIDENTIAL USES ARE PERMITTED.
(b) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY COVENANTS GOVERNING ANY USE OF REAL PROPERTY THAT WERE RECORDED PRIOR TO JULY 1, 1998, AND FAMILY CHILD CARE HOMES SHALL NOT BE CONSIDERED RESIDENTIAL USES OF PROPERTY UNDER SUCH COVENANTS AND MAY BE PROHIBITED BY SUCH COVENANTS.
(2) (a) ON AND AFTER JULY 1, 1998, NO NEW COVENANT GOVERNING THE USE OF REAL PROPERTY SHALL BE FILED THAT DIRECTLY OR EFFECTIVELY PROHIBITS THE OPERATION OF A FAMILY CHILD CARE HOME, AS DEFINED IN SECTION 266102.
(b) A FAMILY CHILD CARE HOME SHALL NOT VIOLATE ANY PROVISION OF ANY COVENANT GOVERNING THE USE OF REAL PROPERTY, SO LONG AS SUCH PROVISION DOES NOT EXPLICITLY OR EFFECTIVELY PROHIBIT THE OPERATION OF SUCH FAMILY CHILD CARE HOME.
(c) THIS SECTION SHALL NOT APPLY TO ADULTONLY HOUSING OR HOUSING FOR OLDER PERSONS, AS DEFINED IN 42 U.S.C. SEC. 3607 (b) (2), OR COMMON INTEREST COMMUNITIES THAT ARE CONDOMINIUMS OR PLANNED COMMUNITY TOWN HOME PROJECTS THAT CONSIST OF THREE OR MORE INDIVIDUAL DWELLING UNITS HAVING ARCHITECTURAL UNITY AND COMMON WALLS BETWEEN UNITS.
(3) A HOMEOWNER ASSOCIATION AND ITS AGENTS, EMPLOYEES, GOVERNING BOARD, MEMBERS, OFFICERS, DIRECTORS, AND ELECTED REPRESENTATIVES SHALL BE IMMUNE FROM LIABILITY FOR DAMAGES ARISING FROM THE ACTIONS OR OMISSIONS OF THE OWNERS OF OR RESIDENTS OR CHILDREN IN A FAMILY CHILD CARE HOME BASED UPON THE OPERATION OF THE FAMILY CHILD CARE HOME.
(4) THIS SECTION SHALL NOT BE INTERPRETED TO REQUIRE A HOMEOWNER ASSOCIATION TO ALLOW RESIDENTS AND CHILDREN IN A FAMILY CHILD CARE HOME TO USE THE COMMON AREAS OF A RESIDENTIAL COMMUNITY IN CONNECTION WITH THE OPERATION OF SUCH FAMILY CHILD CARE HOME, EXCEPT THOSE COMMON AREAS NECESSARY TO ALLOW ENTRANCE TO AND EXIT FROM SUCH FAMILY CHILD CARE HOME.
(5) AS USED IN THIS SECTION, THE TERM "HOMEOWNER ASSOCIATION" INCLUDES A UNIT OWNERS' ASSOCIATION ORGANIZED PURSUANT SECTION 3833.3301, C.R.S., A MASTER ASSOCIATION DESCRIBED IN SECTION 3833.3220, C.R.S., A NONPROFIT CORPORATION THAT REPRESENTS A RESIDENTIAL COMMUNITY, AND A COVENANTCONTROLLED COMMUNITY.
SECTION 3. 3028106 (3), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
3028106. Adoption of master plan contents. (3) (h) IN CREATING THE MASTER PLAN OF A COUNTY OR REGION, THE COUNTY OR REGIONAL PLANNING COMMISSION MAY TAKE INTO CONSIDERATION THE AVAILABILITY OF FAMILY CHILD CARE HOMES, AS DEFINED AND REGULATED IN SECTION 266102, C.R.S., WITHIN THE COUNTY OR REGION. COUNTIES ARE ENCOURAGED TO EXAMINE ANY REGULATORY IMPEDIMENTS TO THE DEVELOPMENT OF SUCH FAMILY CHILD CARE HOMES.
SECTION 4. 3123207, Colorado Revised Statutes, is amended to read:
3123207. Purposes in view.
In the preparation of such plan, the commission shall make careful
and comprehensive surveys and studies of present conditions and
future growth of the municipality, with due regard to its relation
to neighboring territory. The plan shall be made with the general
purpose of guiding and accomplishing a coordinated, adjusted,
and harmonious development of the municipality and its environs
THAT will, in accordance with present and future needs, best promote
health, safety, order, convenience, prosperity, and general welfare,
as well as efficiency and economy in the process of development,
including, among other things, adequate provision for traffic,
the promotion of safety from fire, flood waters, and other dangers,
adequate provision for light and air, distribution of population,
affordable housing, FAMILY CHILD CARE HOMES, the promotion of
good civic design and arrangement, efficient expenditure of public
funds, the promotion of energy conservation, and the adequate
provision of public utilities and other public requirements.
SECTION 5. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 6. Effective date. This act shall take effect July 1, 1998.
SECTION 7. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.