First Regular Session
Sixty-second General Assembly
LLS NO. 99-0628.01 Jennifer Gilroy HOUSE BILL 99-1281
STATE OF COLORADO
BY REPRESENTATIVES McKay, King, Witwer.
also SENATOR Teck
REENGROSSED HEALTH, ENVIRONMENT, WELFARE, & INSTITUTIONS
A BILL FOR AN ACT
101 CONCERNING INCENTIVES FOR EXPERIENCED LICENSED FAMILY CHILD
102 CARE HOME PROVIDERS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Authorizes experienced providers licensed as family child care
homes pursuant to the Colorado "Child Care Licensing Act" to apply for
designation as an experienced child care provider, which designation
shall entitle the provider to certain incentives. Directs the state
department of human services to designate a family child care home
licensee as an experienced child care provider if the licensee meets
certain criteria. Specifies that an applicant for designation as an
experienced child care provider shall pay a one-time fee of $25 to cover
costs. Specifies that a licensee who loses such designation may reapply
after 2 years and upon payment of another $25 fee.
Identifies the criteria a licensee must meet in order to receive
designation as an experienced child care provider, including 6
consecutive years of experience, appropriate character and suitability,
child development training, and compliance with governmental
regulations. Allows experienced child care providers the option to select
from any of 5 incentives that allow such provider to care for more
children than other licensees.
Provides that the licensee shall immediately lose his or her
experienced child care provider designation if there are problems with
character and suitability or if there is a negative licensing action taken
against such licensee. Defines the terms "negative licensing action" and
"character and suitability". Directs the state board of human services to
promulgate the necessary rules for the implementation of the act.
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 1 of article 6 of title 26, Colorado Revised
3 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
4 read:
5 26-6-105.5. Experienced providers - legislative declaration -
6 incentives - [rules - evaluation - repeal.] (1) THE GENERAL ASSEMBLY
7 HEREBY FINDS THAT EXPERIENCED, EDUCATED, HIGH QUALITY CHILD CARE
8 PROVIDERS WHO OFFER WARM, NURTURING, RESPONSIVE, STABLE, SAFE,
9 AND STIMULATING ENVIRONMENTS FOR CHILDREN BENEFIT THE CHILDREN
10 AND THE PARENTS OF THE STATE OF COLORADO. HOWEVER, THE GENERAL
11 ASSEMBLY FINDS THAT IN RECENT YEARS THERE HAS BEEN A SUBSTANTIAL
12 DECREASE IN THE NUMBER OF FAMILY CHILD CARE HOMES PROVIDING
13 CHILD CARE SERVICES TO THE FAMILIES OF THE STATE OF COLORADO.
14 THEREFORE THE GENERAL ASSEMBLY FURTHER FINDS THAT IT IS
15 WORTHWHILE TO ENCOURAGE EXPERIENCED, HIGH-QUALITY CARE FOR THE
16 YOUNG CHILDREN IN THE STATE BY REWARDING SUCCESSFUL LONGEVITY
17 IN THE CHILD CARE INDUSTRY. THE GENERAL ASSEMBLY RECOGNIZES THE
18 CURRENT CRITICAL NEED FOR AN EXPERIENCED WORK FORCE IN THE FIELD
19 OF CHILD CARE, INCLUDING THE INCREASED DEMAND FOR INFANT CARE.
20 TO THAT END, THE GENERAL ASSEMBLY FURTHER FINDS THAT THOSE CHILD
21 CARE PROVIDERS WHO DEMONSTRATE A LONG RECORD OF PROVIDING
22 SAFE, WELL-EDUCATED, EXPERIENCED, AND DEDICATED CHILD CARE AND
23 COMMITMENT TO THE CHILD CARE PROFESSION SHOULD BE RECOGNIZED
24 AND REWARDED. THE GENERAL ASSEMBLY DETERMINES THAT SUCH
25 RECOGNITION WILL HELP TO INCREASE THE NUMBER OF EXPERIENCED AND
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1 DEDICATED CHILD CARE PROVIDERS IN THE STATE, PROVIDE INCREASED
2 FLEXIBILITY TO QUALIFYING PROVIDERS IN FAMILY CHILD CARE HOMES,
3 ENCOURAGE LONGEVITY IN THE INDUSTRY, AND INCREASE THE
4 AVAILABILITY OF QUALITY FAMILY CHILD CARE HOMES TO HELP MEET THE
5 GROWING DEMAND FOR HIGH QUALITY CHILD CARE, PARTICULARLY INFANT
6 CARE, IN THE STATE OF COLORADO. FURTHERMORE, THE GENERAL
7 ASSEMBLY DETERMINES THAT BY PROVIDING THE STATUTORY INCENTIVES
8 SET FORTH IN THIS SECTION, THE APPEALS BOARD, WHICH ENTERTAINS
9 REQUESTS TO DEVIATE FROM THE LICENSED CAPACITY, WILL BE GREATLY
10 RELIEVED.
11 (2) (a) AN EXPERIENCED PROVIDER LICENSED AS A FAMILY CHILD
12 CARE HOME PURSUANT TO THIS PART 1 MAY APPLY FOR DESIGNATION AS
13 AN EXPERIENCED CHILD CARE PROVIDER. IN ORDER TO APPLY FOR SUCH
14 DESIGNATION, A FAMILY CHILD CARE HOME LICENSEE SHALL SUBMIT A
15 WRITTEN REQUEST ON A FORM PROMULGATED BY THE STATE BOARD
16 TOGETHER WITH A ONE-TIME FEE OF TWENTY-FIVE DOLLARS TO THE
17 DIVISION OF CHILD CARE LOCATED WITHIN THE STATE DEPARTMENT. IF
18 THE APPLICANT MEETS THE CRITERIA SPECIFIED IN SUBSECTION (3) OF THIS
19 SECTION, THE STATE DEPARTMENT SHALL DESIGNATE THE LICENSEE AS AN
20 EXPERIENCED CHILD CARE PROVIDER AND IDENTIFY SUCH DESIGNATION ON
21 THE PROVIDER'S LICENSE. SUCH EXPERIENCED LICENSEES SHALL BE
22 ENTITLED TO THE INCENTIVES SET FORTH IN SUBSECTION (4) OF THIS
23 SECTION. IN THE EVENT OF ANY NEGATIVE LICENSING ACTION, AS THAT
24 TERM IS DEFINED IN SECTION 26-6-102 (5.7), AGAINST THE LICENSEE OR
25 SUBSTANTIATED PROBLEMS WITH THE LICENSEE'S CHARACTER AND
26 SUITABILITY AFTER THE DESIGNATION, THE LICENSEE SHALL IMMEDIATELY
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1 LOSE HIS OR HER DESIGNATION AS AN EXPERIENCED CHILD CARE PROVIDER
2 AND THE PRIVILEGES AND BENEFITS ASSOCIATED THEREWITH. A LICENSEE
3 WHO HAS LOST HIS OR HER DESIGNATION AS AN EXPERIENCED CHILD CARE
4 PROVIDER SHALL BE REQUIRED TO WAIT TWO YEARS WITHOUT A
5 [SUBSTANTIATED] COMPLAINT AND PAY THE TWENTY-FIVE DOLLAR FEE IN
6 ORDER TO APPLY FOR THE EXPERIENCED CHILD CARE PROVIDER
7 DESIGNATION.
8 (b) ALL FEES COLLECTED PURSUANT TO THIS SUBSECTION (2)
9 SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT
10 THE SAME TO THE CHILD CARE LICENSING CASH FUND CREATED PURSUANT
11 TO SECTION 26-6-105 (4).
12 (3) IN ORDER TO QUALIFY AS AN EXPERIENCED CHILD CARE
13 PROVIDER, A LICENSEE MUST MEET THE FOLLOWING CRITERIA:
14 [ (a) THE LICENSEE HAS BEEN LICENSED IN COLORADO AS A FAMILY
15 CHILD CARE HOME AND HAS PROVIDED CHILD CARE SERVICES FOR AT
16 LEAST SIX CONSECUTIVE YEARS IMMEDIATELY PRECEDING THE DATE OF
17 APPLICATION;
18 ] (b) THE LICENSEE DEMONSTRATES THE APPROPRIATE CHARACTER
19 AND SUITABILITY TO BE AN EXPERIENCED CHILD CARE PROVIDER;
20 (c) THE STATE HAS NOT TAKEN ANY NEGATIVE LICENSING ACTION
21 AGAINST THE LICENSEE IN THE IMMEDIATELY PRECEDING TWO YEARS FOR
22 ANY [SUBSTANTIATED] AND WILLFUL VIOLATIONS OF THE RULES OF THE
23 STATE BOARD OR THIS PART 1 THAT COULD DIRECTLY THREATEN THE
24 HEALTH AND SAFETY OF THE CHILDREN IN THE LICENSEE'S CARE;
25 (d) THE LICENSEE HAS RECEIVED AT LEAST SIXTY-FIVE HOURS OF
26 [TRAINING THAT ARE VERIFIED AND APPROVED BY THE STATE DEPARTMENT]
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1 IN CHILD DEVELOPMENT AND GROWTH AND OTHER RELATED CHILD CARE
2 ISSUES IN THE IMMEDIATELY PRECEDING SIX YEARS;
3 (e) THE LICENSEE IS IN FULL COMPLIANCE WITH ALL STATE,
4 COUNTY, AND MUNICIPAL ZONING REGULATIONS AND RESTRICTIONS;
5 (f) THE FAMILY CHILD CARE HOME OPERATED BY THE LICENSEE
6 PROVIDES ADEQUATE SPACE, [AS SPECIFIED BY RULE OF THE STATE BOARD,]
7 BOTH INSIDE THE HOME AND OUTSIDE THE HOME, TO ACCOMMODATE THE
8 ADDITIONAL CHILDREN THAT WOULD BE AUTHORIZED BY THE INCENTIVES
9 DESCRIBED IN SUBSECTION (4) OF THIS SECTION; AND
10 (g) THE LICENSEE IS WITHIN FULL COMPLIANCE WITH THE RULES OF
11 THE STATE BOARD AND THE PROVISIONS OF THIS PART 1.
12 (4) (a) NOTWITHSTANDING ANY OTHER LAW OR REGULATION TO
13 THE CONTRARY, IF A LICENSEE MEETS THE CRITERIA SET FORTH IN
14 SUBSECTION (3) OF THIS SECTION, THE STATE DEPARTMENT SHALL
15 DESIGNATE THE LICENSEE AS AN EXPERIENCED CHILD CARE PROVIDER, AND
16 SUCH LICENSEE SHALL BE ENTITLED TO CARE FOR THE NUMBER OF
17 CHILDREN SET FORTH IN ANY ONE OF THE FOLLOWING OPTIONS, WITH THE
18 FLEXIBILITY TO MOVE BETWEEN THE OPTIONS WITHOUT FURTHER
19 PAPERWORK OR AGENCY INTERVENTION:
20 (I) SIX CHILDREN, NO MORE THAN THREE OF WHOM ARE LESS THAN
21 ONE AND ONE-HALF YEARS OF AGE AND, IN ADDITION TO SUCH CHILDREN,
22 NO MORE THAN TWO SCHOOL-AGE CHILDREN;
23 (II) SIX CHILDREN, NO MORE THAN TWO OF WHOM ARE LESS THAN
24 ONE AND ONE-HALF YEARS OF AGE AND, IN ADDITION TO SUCH CHILDREN,
25 NO MORE THAN [THREE] SCHOOL-AGE CHILDREN;
26 (III) EIGHT CHILDREN, NO MORE THAN TWO OF WHOM ARE LESS
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1 THAN [TWO] YEARS OF AGE;
2 (IV) EIGHT CHILDREN, NONE OF WHOM ARE UNDER [THREE YEARS
3 OF AGE; OR] [ ]
4 (V) ONE EXTRA CHILD IN ADDITION TO THE LICENSED [CAPACITY
5 FOR A MAXIMUM OF TWO MONTHS EACH CALENDAR YEAR AS NEEDED FOR
6 FLEXIBILITY PURPOSES AND AN OVERLAP OF ONE EXTRA CHILD FOR UP TO
7 TWO HOURS PER DAY.]
8 (b) IN DETERMINING THE NUMBER OF CHILDREN THAT AN
9 EXPERIENCED CHILD CARE PROVIDER MAY CARE FOR PURSUANT TO
10 PARAGRAPH (a) OF THIS SUBSECTION (4), THE PROVIDER'S OWN CHILDREN
11 SHALL NOT BE INCLUDED IF SUCH CHILDREN ARE TEN YEARS OF AGE OR
12 OLDER.
13 [(c) NOTHING IN THIS SUBSECTION (4) SHALL BE INTENDED TO
14 INHIBIT THE ABILITY OF THE STATE DEPARTMENT TO MONITOR AND INSPECT
15 LICENSED FACILITIES AND INVESTIGATE AND TAKE ACTION CONCERNING
16 COMPLAINTS MADE AGAINST LICENSED FACILITIES.]
17 (5) IN ORDER TO MAINTAIN DESIGNATION AS AN EXPERIENCED
18 CHILD CARE PROVIDER, THE LICENSEE SHALL RECEIVE AT LEAST TWELVE
19 HOURS OF [TRAINING THAT ARE VERIFIED AND APPROVED BY THE STATE
20 DEPARTMENT] EACH YEAR AFTER RECEIVING A DESIGNATION AS AN
21 EXPERIENCED CHILD CARE PROVIDER.
22 (6) THE STATE BOARD SHALL MODIFY RULES IMPACTED BY THIS
23 SECTION AND SHALL PROMULGATE ANY ADDITIONAL RULES NECESSARY
24 FOR THE IMPLEMENTATION OF THIS SECTION.
25 [(7) ON OR BEFORE OCTOBER 1, 2001, THE STATE DEPARTMENT
26 SHALL EVALUATE THE IMPACT OF THE EXPERIENCED CHILD CARE PROVIDER
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1 DESIGNATION AUTHORIZED BY THIS SECTION. IN CONDUCTING SUCH
2 EVALUATION, THE STATE DEPARTMENT SHALL COMPARE THE NUMBER OF
3 COMPLAINTS FILED, SAFETY VIOLATIONS IDENTIFIED, AND INSPECTION AND
4 MONITORING RESULTS OBSERVED BETWEEN LICENSED FAMILY CHILD CARE
5 HOME PROVIDERS THAT HAVE RECEIVED THE EXPERIENCED DESIGNATION
6 AND ALL OTHER LICENSED FAMILY CHILD CARE HOME PROVIDERS.
7 (8) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2002.]
8 SECTION 2. 26-6-102, Colorado Revised Statutes, is amended
9 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to
10 read:
11 26-6-102. Definitions. As used in this article, unless the context
12 otherwise requires:
13 (1.3) (a) "CHARACTER AND SUITABILITY" MEANS A PERSON WHO
14 HAS NOT BEEN CONVICTED IN THIS STATE OF ANY OF THE [CRIMINAL
15 OFFENSES IDENTIFIED IN SECTION 26-6-104 (7) OR SECTION 26-6-108 (2)
16 (a).]
17 [
18 ]
19 (b) FOR PURPOSES OF THIS SUBSECTION (1.3), "CONVICTED" MEANS
20 A CONVICTION BY A JURY OR BY A COURT AND SHALL ALSO INCLUDE A
21 DEFERRED JUDGMENT AND SENTENCE, A DEFERRED ADJUDICATION, AN
22 ADJUDICATION AS A JUVENILE DELINQUENT, AND A PLEA OF GUILTY OR
23 NOLO CONTENDERE.
24 (5.7) "NEGATIVE LICENSING ACTION" MEANS THE DENIAL,
25 SUSPENSION, OR REVOCATION OF A CHILD CARE LICENSE ISSUED PURSUANT
26 TO THIS PART 1 OR THE DEMOTION OF A CHILD CARE LICENSE TO A
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1 PROBATIONARY LICENSE OR THE REVOCATION OF THE DESIGNATION AS AN
2 EXPERIENCED CHILD CARE PROVIDER.
3 SECTION 3. Effective date. This act shall take effect at 12:01
4 a.m. on the day following the expiration of the ninety-day period after
5 final adjournment of the general assembly that is allowed for submitting
6 a referendum petition pursuant to article V, section 1 (3) of the state
7 constitution; except that, if a referendum petition is filed against this act
8 or an item, section, or part of this act within such period, then the act,
9 item, section, or part, if approved by the people, shall take effect on the
10 date of the official declaration of the vote thereon by proclamation of the
11 governor.