GENERAL EARLY CHILDHOOD RULES AND REGULATIONS

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Code of Colorado Regulations › 1400 Department of Early Childhood › 1401 General Early Childhood Administration and Programs › 8 CCR 1401-1

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DEPARTMENT OF EARLY CHILDHOOD

General Early Childhood Administration and Programs

GENERAL EARLY CHILDHOOD RULES AND REGULATIONS

8 CCR 1401-1

[Editor’s Notes follow the text of the rules at the end of this CCR Document.]

_________________________________________________________________________

1.100

AUTHORITY

These rules and regulations are adopted pursuant to the rulemaking authority provided in section 26.5-1-

105(1)(a), C.R.S., and are intended to be consistent with the requirements of the State Administrative

Procedures Act, section 24-4-101 through 24-4-204, (the “APA”), C.R.S.; the Anna Jo Garcia Haynes

Early Childhood Act, Title 26.5 of the C.R.S.(the “Early Childhood Act”), C.R.S.; Colorado Nurse Home

Visitor Program Act in sections 26.5-3-501 through 26.5-3-508, C.R.S.; and the Child Protection Act of

1987, in sections 19-3-301 through 19-3-317, C.R.S.

1.101

SCOPE AND PURPOSE

These rules and regulations shall govern the processes, procedures, and participation in the general

administration of early childhood programs and services that are applicable across divisions within the

Department; School Readiness Quality Improvement Program; Early Childhood Councils; and Nurse

Home Visitor Programs in Colorado.

1.102

APPLICABILITY

The provisions of these rules and regulations shall be applicable to all services administered by the

Department within the scope of its authority as granted in section 19-1-307(2)(i), (k)-(o), (t), and (y),

C.R.S., Early Childhood Councils, and Nurse Home Visitor Program providers regulated by the

Department.

1.103

ABUSE AND NEGLECT BACKGROUND CHECK FEES

A.

The Department shall assess a uniform fee for the purpose of conducting employment, volunteer,

and substitute placement background screenings to determine if an individual has been

confirmed in the state-wide information system, Colorado TRAILS system, as the person

responsible in an incident of child abuse and/or neglect

egulated by the

Department.

1.103

ABUSE AND NEGLECT BACKGROUND CHECK FEES

A.

The Department shall assess a uniform fee for the purpose of conducting employment, volunteer,

and substitute placement background screenings to determine if an individual has been

confirmed in the state-wide information system, Colorado TRAILS system, as the person

responsible in an incident of child abuse and/or neglect. The fee shall be established by the

Department, and reviewed annually compliant with section 19-1-307(2.5), C.R.S., to ensure the

fee does not exceed the direct and indirect costs of administering the services defined in sections

19-1-307(2)(i), (k)-(o), (t), and (y), C.R.S.

B.

The fee established by the Department to conduct employment, volunteer, and substitute

placement background screenings must be consistent with the annual appropriation level set by

the General Assembly, and all fees collected will be paid into the Records and Reports Fund. The

Department shall publicly post the amount of the abuse and neglect background check fee on its

website and provide reasonable notice on the website prior to the fee changing.

Code of Colorado Regulations

Secretary of State

State of Colorado

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C.

The Department shall not set the fee above thirty dollars ($30), unless specifically approved by

the Executive Director of the Department to fund an increase in the direct and indirect costs of

administering the services defined in sections 19-1-307(2)(i), (k)-(o), (t), and (y), C.R.S. If an

increase in the fee amount is approved by the Executive Director of the Department, the

Department will notify interested persons at least thirty (30) calendar days in advance on the

Department's Public Notice Information webpage at: https://cdec.colorado.gov/public-notice-

information, and the increase will be communicated by the Department.

D

s 19-1-307(2)(i), (k)-(o), (t), and (y), C.R.S. If an

increase in the fee amount is approved by the Executive Director of the Department, the

Department will notify interested persons at least thirty (30) calendar days in advance on the

Department's Public Notice Information webpage at: https://cdec.colorado.gov/public-notice-

information, and the increase will be communicated by the Department.

D.

If the Department anticipates a reduction in the fee amount in compliance with section 19-1-

307(2.5), C.R.S., the Department shall provide notice on the Department's Public Notice

Information webpage at: https://cdec.colorado.gov/public-notice-information, and the decrease

will be communicated by the Department.

1.200

COLORADO SCHOOL READINESS QUALITY IMPROVEMENT PROGRAM

The Colorado School Readiness Quality Improvement Program (SRQIP) is part of the Colorado Shines

quality rating and improvement system. The purpose of the program is to improve the school readiness of

children, five (5) years of age or younger, who are cared for at early childhood education programs

pursuant to section 26.5-5-102, C.R.S. These rules are promulgated pursuant to section 26.5-5-102(6),

C.R.S.

1.201

DEFINITIONS

A.

“Child” means a child five (5) years of age or younger.

B.

“Children with identified risk factors” means children who have risks that affect their overall

learning ability and kindergarten readiness. Risks include, but are not limited to:

1.

A child with a disability or developmental delay under age five (5) who has an individual

family service plan (IFSP), an individualized education program (IEP), or medical care

plan;

2.

A child who has a home language other than English (English language learner);

3.

A child from a household that meets income eligibility criteria for Colorado Child Care

Assistance Program;

4.

A child who is a migrant and meets the definition of “migratory child” in the Elementary

and Secondary Education Act (ESEA), 20 U.S.C. section 6399(3);

5.

A child who resides on Indian lands;

6

care

plan;

2.

A child who has a home language other than English (English language learner);

3.

A child from a household that meets income eligibility criteria for Colorado Child Care

Assistance Program;

4.

A child who is a migrant and meets the definition of “migratory child” in the Elementary

and Secondary Education Act (ESEA), 20 U.S.C. section 6399(3);

5.

A child who resides on Indian lands;

6.

A child who is in foster care, kinship care or receiving services through the child welfare

system;

7.

A child who is eligible to receive free or reduced-cost meals pursuant to the provisions of

the federal National School Lunch Act;

8.

A child who is experiencing homelessness or frequent relocations to new residences by

the child’s family;

9.

Drug or alcohol abuse in the child’s family;

10.

A child living in the home with an abusive adult; or

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11.

Either parent of the child was less than eighteen years (18) of age at the time of the birth

of the child.

C.

“Colorado Shines quality rating and improvement system” referred to as the “Colorado Shines

system” shall measure the level of preparedness of, and quality services provided by, an early

childhood education program to prepare children to enter elementary school.

D.

“Early Childhood Council” means an early childhood council identified or established locally in

communities throughout the state, pursuant to section 26.5-2-201, C.R.S., for the purpose of

developing and ultimately implementing a comprehensive system of early childhood services to

ensure the school readiness of children five (5) years of age or younger in the community.

E.

“Early childhood education program” means a licensed child care program pursuant to Part 3 of

Article 5 of this Title 26.5 that provides child care and education to children five (5) years of age

or younger.

F.

“High quality rating” means a quality rating level of three (3), four (4), or five (5) within the

Colorado Shines system.

G

of children five (5) years of age or younger in the community.

E.

“Early childhood education program” means a licensed child care program pursuant to Part 3 of

Article 5 of this Title 26.5 that provides child care and education to children five (5) years of age

or younger.

F.

“High quality rating” means a quality rating level of three (3), four (4), or five (5) within the

Colorado Shines system.

G.

“Intentional misrepresentation” means a deliberate and willful false representation by submission

or omission from an individual or early childhood education program in an attempt to deceive in

order to receive a higher Colorado Shines quality rating level. This includes but is not limited to

the following:

1.

A false statement of material fact;

2.

Knowledge on the part of the individual that the statement and/or submitted document is

untrue; or

3.

Intent of the applicant to deceive the state and agents working on behalf of the state.

H.

“State department” or “state” means the Colorado Department of Early Childhood.

1.202

APPLICATION FOR FUNDING

A.

An Early Childhood Council, convened through the Colorado Department of Early Childhood,

seeking school readiness quality improvement program funds must apply directly to the state

department through a formal procurement process that ensures an equitable distribution between

rural and urban communities.

B.

To be eligible to receive school readiness quality improvement program funds through the

Colorado Shines system, an Early Childhood Council must:

1.

Apply on behalf of the designated service area it represents.

2.

Prepare and submit to the state department a three (3) year school readiness plan that

includes, at minimum:

a.

A narrative that demonstrates the need to improve quality and increase the

capacity of early childhood education programs in its service area, and

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the designated service area it represents.

2.

Prepare and submit to the state department a three (3) year school readiness plan that

includes, at minimum:

a.

A narrative that demonstrates the need to improve quality and increase the

capacity of early childhood education programs in its service area, and

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b.

Strategies developed in partnership with community partners to include, at

minimum, county departments of human or social services, for how the Early

Childhood Council will target and recruit licensed early childhood education

programs that are rated in the Colorado Shines system, actively working toward

achieving Colorado Shines system level two (2) rating to:

(1)

Increase the access and availability of high quality child care for children

participating in the Colorado Child Care Assistance Program created in

Part 1 of Article 4 of Title 26.5;

(2)

Target quality improvement funding to improve the level of quality at

participating early childhood education programs; and

(3)

Promote family involvement as aligned to the family engagement quality

indicator within the Colorado Shines quality rating and improvement

system framework.

3.

The Early Childhood Council must execute a memorandum of understanding with

participating early childhood education programs to secure the program’s commitment to

engage in the Colorado Shines system and improve quality.

4.

The Early Childhood Council must make provisions to prioritize the distribution of quality

improvement funding to early childhood education programs that serve children with

identified risk factors.

C.

The state department shall contract with an existing early childhood council to implement the

school readiness quality improvement program:

1.

In areas of the state that are not covered by an early childhood council; and

2.

In cases where the early childhood council that covers a particular area of the state did

not apply

hood education programs that serve children with

identified risk factors.

C.

The state department shall contract with an existing early childhood council to implement the

school readiness quality improvement program:

1.

In areas of the state that are not covered by an early childhood council; and

2.

In cases where the early childhood council that covers a particular area of the state did

not apply.

1.203

EARLY CHILDHOOD EDUCATION PROGRAM ELIGIBILITY CRITERIA

A.

Early childhood education programs are eligible for quality improvement funding if participating in

the Colorado Shines quality rating and improvement system.

B.

Quality improvement funds shall only be awarded to early childhood education programs that

meet the following criteria:

1.

Rated in the Colorado Shines system at a quality level one (1) or higher and meets the

Colorado Shines quality improvement eligibility criteria, as defined within the business

rules of the current Early Childhood Council contract with the state; and

2.

Execute a memorandum of understanding with the Early Childhood Council serving the

early childhood education program.

C.

Participating early childhood education programs will become ineligible if they are:

1.

In receipt of a notice of child care license revocation or suspension;

2.

Under review or determined to have committed intentional misrepresentation as defined

in rule section 1.201(G);

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childhood education program.

C.

Participating early childhood education programs will become ineligible if they are:

1.

In receipt of a notice of child care license revocation or suspension;

2.

Under review or determined to have committed intentional misrepresentation as defined

in rule section 1.201(G);

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3.

Not compliant with memorandum of understanding executed between the Early

Childhood Council and the early childhood education program; or

4.

Not compliant with improvement in ratings as set forth in rule section 1.205.

1.204

COLORADO SHINES QUALITY RATING AND IMPROVEMENT SYSTEM

A.

The Colorado Shines quality rating and improvement system measures the level of preparedness

of and quality services provided by an early childhood education program in the following five (5)

standard areas:

1.

Workforce qualifications and professional development;

2.

Family partnership;

3.

Leadership, management, and administration;

4.

Learning environment; and

5.

Child health.

B.

The Colorado Shines system shall:

1.

Measure elements of quality at an early childhood education program;

2.

Be supported by statistically valid research as a reliable measure of quality of an early

childhood education program;

3.

Include a quality improvement plan that informs participating early childhood education

programs of their strengths and opportunities and provides early childhood education

programs with strategies to improve the quality of their services;

4.

Demonstrate effectiveness at improving the level of quality of providers in geographically

diverse Colorado communities; and

5.

Inform parents, counties, and other purchasers of early childhood care and education

about the level of quality at an early childhood education program in a simple and easy-

to-understand manner.

1.205

IMPROVEMENT IN RATINGS

A

to improve the quality of their services;

4.

Demonstrate effectiveness at improving the level of quality of providers in geographically

diverse Colorado communities; and

5.

Inform parents, counties, and other purchasers of early childhood care and education

about the level of quality at an early childhood education program in a simple and easy-

to-understand manner.

1.205

IMPROVEMENT IN RATINGS

A.

To be eligible for quality improvement funds, early childhood education programs are required to

participate in the Colorado Shines quality rating system with the goal to earn and/or maintain a

high quality level three (3) through five (5) rating as outlined in rule section 1.205(B).

B.

To maintain eligibility for funding, participating early childhood education programs must

demonstrate specific and measurable gains at the conclusion of each consecutive Colorado

Shines rating as follows:

1.

Early childhood education programs that complete an onsite Colorado Shines

assessment and do not achieve a high quality rating must apply for a subsequent rating

within an eighteen (18) month time period.

2.

Early childhood education programs that earn a quality rating level three (3) must meet

one of the following criteria to maintain eligibility for funding:

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a.

Increase their average environment rating scale score;

b.

Increase their total quality points earned; or

c.

Earn a quality rating level four (4) or five (5).

3.

Early childhood education programs that earn a quality rating level four (4) or five (5)

must maintain either a level four (4) or level five (5).

4.

Early childhood education programs that do not maintain a high quality rating level during

a rating cycle, must re-rate within an eighteen (18) month time period in order to remain

eligible.

1.206

PUBLIC ACCESS TO RATINGS

A

el four (4) or five (5).

3.

Early childhood education programs that earn a quality rating level four (4) or five (5)

must maintain either a level four (4) or level five (5).

4.

Early childhood education programs that do not maintain a high quality rating level during

a rating cycle, must re-rate within an eighteen (18) month time period in order to remain

eligible.

1.206

PUBLIC ACCESS TO RATINGS

A.

Once final, the state department publishes the early childhood education program’s quality rating

information on the Colorado Shines quality rating and improvement system website.

B.

Quality rating information is provided in plain language and includes the child care licensing

reports of inspection for each early childhood education program.

1.207

DISPUTE RESOLUTION

A.

The state department, through the Division of Early Learning Access and Quality, shall provide for

an informal dispute resolution process to include a consultation and appeal process, through the

Colorado Shines system.

B.

Early childhood education programs shall be notified of the dispute resolution process by the

Colorado Shines system rating administrator when participating in the post-rating assessment

consultation. Information is additionally located within the online program portal.

C.

Early childhood education programs must request a post-rating assessment consultation within

thirty (30) calendar days of receiving their assessment results and prior to submitting an appeal.

D.

Early childhood education programs must submit a written formal request for an appeal and all

relevant documentation within ten (10) calendar days of receiving its post-rating assessment

consultation.

E.

The formal appeal of the early childhood education program’s assessment will be reviewed by the

Colorado Shines assessment advisory committee, which determines whether errors have

occurred and will adjust program scores, if warranted.

F

submit a written formal request for an appeal and all

relevant documentation within ten (10) calendar days of receiving its post-rating assessment

consultation.

E.

The formal appeal of the early childhood education program’s assessment will be reviewed by the

Colorado Shines assessment advisory committee, which determines whether errors have

occurred and will adjust program scores, if warranted.

F.

Within the formal appeal process of the early childhood education program’s assessment, all

calculations will be based on the information gathered during the rating window.

1.

Early childhood education programs are responsible for submitting any relevant data to

the Colorado Shines system rating administrator within ten (10) calendar days of the

post-rating assessment consultation.

2.

Changes in the early childhood education program, such as the hiring of new staff that

happened after the close of the rating window, will not be considered in the rescoring

process.

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G.

The Colorado Shines assessment advisory committee shall notify early childhood education

programs of its decisions within ten (10) business days of the meeting at which the request for

review was conducted.

1.300

EARLY CHILDHOOD COUNCILS

Each Early Childhood Council, whether newly established in a community or newly identified to serve as

a council, shall work toward consolidating and coordinating funding. Together, the Early Childhood

Councils throughout the state shall serve to create a seamless system of early childhood services

representing collaboration among various public and private stakeholders for the effective delivery of

early childhood services in the areas of early care and education, family support, mental health, and

health. These services shall support children five (5) years of age or younger and their parents in a

manner that is responsive to local needs and conditions

ss system of early childhood services

representing collaboration among various public and private stakeholders for the effective delivery of

early childhood services in the areas of early care and education, family support, mental health, and

health. These services shall support children five (5) years of age or younger and their parents in a

manner that is responsive to local needs and conditions. These rules are promulgated pursuant to

sections 26.5-1-105(1) and 26.5-2-201, et. seq., C.R.S.

1.301

DEFINITIONS

A.

“Children” means children five (5) years of age or younger.

B.

“County Department” means the County or District Department of Human Services or Social

Services.

C.

“Early care and education provider” is a required Early Childhood Council membership

stakeholder group that includes, but is not limited to, a licensed and legally exempt child care

provider; Head Start grantee; or district preschool program representative.

D.

“Early Childhood Council” means a council identified or established locally in communities

throughout the state, either as a community consolidated child care services pilot site agency that

existed prior to May 31, 2007, or pursuant to section 26.5-2-203, C.R.S., that represents public

and private stakeholders for the purpose of developing and ultimately implementing a

comprehensive system of early childhood services for children in the community to ensure school

readiness. A council may be an Early Childhood Care and Education Council so long as no more

than one council exists in a given service area.

E.

“Early Childhood Council membership” means the members of a voting body of an Early

Childhood Council with governing authority over all of the council’s duties enumerated in rule

section 1.305.

F.

“Family support and parent education services” is a required Early Childhood Council

membership stakeholder group that includes, but is not limited to, a representative from a home

visitation program; family resource center; or income assistance program.

G

s of a voting body of an Early

Childhood Council with governing authority over all of the council’s duties enumerated in rule

section 1.305.

F.

“Family support and parent education services” is a required Early Childhood Council

membership stakeholder group that includes, but is not limited to, a representative from a home

visitation program; family resource center; or income assistance program.

G.

“Health care entity” is a required Early Childhood Council membership stakeholder group that

includes, but is not limited to, a representative from local public health; health care providers;

Women, Infants, and Children (WIC) food nutrition service; Supplemental Nutrition Assistance

Program (SNAP); Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) program; or

Parts B or C of the federal Individuals with Disabilities Education and Improvement Act.

H.

“Local government” is a required Early Childhood Council membership stakeholder group that

includes, but is not limited to, a representative from the County Board of Commissioners; City

Council; local school district board; or a local County Department of Human Services or Social

Services.

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I.

“Mental health care” is a required Early Childhood Council membership stakeholder group that

includes, but is not limited to, a representative from the community mental health centers or a

local mental health care provider.

J.

“Resource and referral agency” is a required Early Childhood Council membership stakeholder

group that includes, but is not limited to, a representative from a child care resource and referral

agency or other agency that provides this support for parents with children five (5) years of age or

younger.

K.

“State department” means the Colorado Department of Early Childhood.

1.302

CREATION AND RECONFIGURATION PROCESSES

This rule is promulgated pursuant to sections 26.5-2-203(4) and 26.5-2-205, C.R.S.

A

ncludes, but is not limited to, a representative from a child care resource and referral

agency or other agency that provides this support for parents with children five (5) years of age or

younger.

K.

“State department” means the Colorado Department of Early Childhood.

1.302

CREATION AND RECONFIGURATION PROCESSES

This rule is promulgated pursuant to sections 26.5-2-203(4) and 26.5-2-205, C.R.S.

A.

To create a new Early Childhood Council or reconfigure an existing Early Childhood Council, the

Board(s) of Commissioners in the applicable county or counties must first designate a convening

entity. This convening entity may be, but is not limited to, the following agency types:

1.

A local resource and referral agency;

2.

A County Department of Human Services or Social Services;

3.

A local school district; or

4.

Department of Public Health.

B.

The convening entity shall convene an Early Childhood Council, either as part of a single county

or multi-county regional network, by submitting an application to the state department pursuant to

the requirements of rule section 1.302(E).

C.

The convening entity shall initially approve the Early Childhood Council membership, ensuring the

mandatory stakeholders listed in rule section 1.304 are included.

D.

Existing Early Childhood Councils may apply to merge or reconfigure pursuant to rule section

1.302. A reconfigured council replaces the councils named in the application to reconfigure.

E.

A convening entity’s application for an agency applying to be newly identified as a council or an

existing Early Childhood Council(s) applying to be a newly created and reconfigured council shall

designate, at minimum, the following information:

1.

An intended service area that complies with rule section 1.303;

2.

The county or counties involved with the council;

3.

The participating Early Childhood Council members that includes required stakeholders

as set forth in rule section 1.304;

4.

The designated fiscal agent; and

5

il(s) applying to be a newly created and reconfigured council shall

designate, at minimum, the following information:

1.

An intended service area that complies with rule section 1.303;

2.

The county or counties involved with the council;

3.

The participating Early Childhood Council members that includes required stakeholders

as set forth in rule section 1.304;

4.

The designated fiscal agent; and

5.

Signatures of the Chair or Chairs of the Board or Boards of County Commissioners of all

counties involved in the council, the legal signatory for the counties, and the president of

any school district Board of Education involved in the council.

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F.

The state department’s approval of an Early Childhood Council’s application does not guarantee

funds to that council, as set forth in rule section 1.306.

1.303

SERVICE AREA

This rule is promulgated pursuant to section 26.5-2-203, C.R.S.

A.

To the extent practicable, a service area of an Early Childhood Council shall be representative of

the various public and private stakeholders in the local community who serve children.

B.

An Early Childhood Council’s service area may include more than one county.

C.

No two Early Childhood Councils may cover the same service area.

1.304

GOVERNANCE

This rule is promulgated pursuant to sections 26.5-1-105(1) and 26.5-2-205, C.R.S.

A.

Early Childhood Council membership shall:

1.

Reflect local needs and cultural and geographic diversity within the service area;

2.

Have voting rights;

3.

Consist of a minimum of ten (10) members;

4.

Include at least one representative, who operates or resides within the council’s service

area, from each of the following seven (7) mandatory stakeholder groups and making an

effort to recruit stakeholders from diverse organizations when possible:

a.

Early care and education;

b.

Family support and parent education services;

c.

Health care;

d.

Local government;

e.

Parent of a child five (5) years of age or younger;

f

representative, who operates or resides within the council’s service

area, from each of the following seven (7) mandatory stakeholder groups and making an

effort to recruit stakeholders from diverse organizations when possible:

a.

Early care and education;

b.

Family support and parent education services;

c.

Health care;

d.

Local government;

e.

Parent of a child five (5) years of age or younger;

f.

Mental health care; and

g.

Resource and referral agency.

5.

Early Childhood Council membership may also include, but is not limited to,

representation from any combination of the following stakeholder groups within the

council’s service area:

a.

Child care association;

b.

Medical practice;

c.

Dental practice;

d.

School district parent organization;

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e.

Head Start Policy Council;

f.

Chamber of Commerce;

g.

Local business;

h.

Faith-based organization;

i.

Nonprofit organization;

j.

Higher education institution; and/or

k.

Library.

B.

Each member of an Early Childhood Council shall sign a Memorandum of Understanding on

behalf of the organization the member represents to participate in and collaborate on the work of

the Early Childhood Council.

C.

Each Early Childhood Council shall submit a summary of justification and a request for approval

to the state department in cases where:

1.

One (1) individual represents multiple, mandatory stakeholder groups on the Early

Childhood Council membership; and/or

2.

A mandatory stakeholder group is vacant for more than ninety (90) days.

D.

Each Early Childhood Council shall adopt bylaws that provide for, at minimum:

1.

Early Childhood Council name;

2.

Early Childhood Council purpose;

3.

Requirements for membership;

4.

Members’ roles and responsibilities;

5.

Process for selecting members;

6.

Rules for membership rotation and terms;

7.

How meetings will be conducted; and

8.

Meeting frequency and the quorum required for council action.

E

ch Early Childhood Council shall adopt bylaws that provide for, at minimum:

1.

Early Childhood Council name;

2.

Early Childhood Council purpose;

3.

Requirements for membership;

4.

Members’ roles and responsibilities;

5.

Process for selecting members;

6.

Rules for membership rotation and terms;

7.

How meetings will be conducted; and

8.

Meeting frequency and the quorum required for council action.

E.

Each Early Childhood Council shall designate and enter into a formal, written agreement with a

fiscal agent that requires the fiscal agent to:

1.

Accept legal and financial responsibility for the work being performed under the contract,

including all deliverables and deadlines associated with the council scope of work;

2.

Acknowledge that if work is not performed in accordance with the council contract,

payment may be withheld by the state department;

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3.

Comply with fiscal contractual requirements, in accordance with the state fiscal rules

(see1 CCR 101-1) and applicable federal guidance (see 2 C.F.R. Part 200). The State of

Colorado’s Fiscal rules are located in 1 CCR 101-1 (07/01/2022), herein incorporated by

reference; no later amendments or editions are incorporated by reference. These rules

are available for public inspection at the Colorado Department of Early Childhood, Office

of Program Delivery, 710 S. Ash St., Denver, CO 80246 or at

https://www.coloradosos.gov/CCR/Welcome.do. Copies of these rules are available for

reasonable cost during normal business hours at the Colorado Department of Personnel

and Administration – Division of Finance and Procurement, 1525 Sherman St., Denver,

CO 80203.

The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards rules are located in 2 C.F.R. Part 200 (03/01/2023), herein incorporated

by reference; no later amendments or editions are incorporated by reference

al business hours at the Colorado Department of Personnel

and Administration – Division of Finance and Procurement, 1525 Sherman St., Denver,

CO 80203.

The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards rules are located in 2 C.F.R. Part 200 (03/01/2023), herein incorporated

by reference; no later amendments or editions are incorporated by reference. These

regulations are available for public inspection at the Colorado Department of Early

Childhood, Office of Program Delivery, 710 S. Ash St., Denver, CO 80246 or at

www.ecfr.gov. Copies of these regulations are available for reasonable cost during

normal business hours at the U.S. Department of Health and Human Services, 200

Independence Avenue, S.W., Washington, D.C. 20201.; and

4.

Comply with the Colorado Information Security Act (section 24-37.5-401, et. seq.,

C.R.S.).

F.

In the case of an Early Childhood Council that is an incorporated legal entity, including a nonprofit

corporation, the entity itself may serve as the fiscal agent, in which case it is directly responsible

for the obligations set out in rule section 1.304(E).

1.305

EARLY CHILDHOOD COUNCIL DUTIES AND DELIVERABLES

This rule is promulgated pursuant to sections 26.5-1-105(1) and 26.5-2-206, C.R.S.

A.

Each Early Childhood Council is responsible for the following minimum duties and functions:

1.

Apply for early childhood funding pursuant to section 26.5-2-207, C.R.S.;

2.

Develop and execute a strategic plan that responds to local needs and conditions to

increase and sustain the quality, accessibility, capacity, and affordability of early

childhood services for children and their parents;

3.

Establish a local system of accountability to measure local progress based on the needs

and goals set for program performance;

4.

Report annually the results of the accountability measurements defined in the strategic

plan;

5.

Select a fiscal agent to disburse funds and serve as the employer of the Council Director,

once hired;

6

ility of early

childhood services for children and their parents;

3.

Establish a local system of accountability to measure local progress based on the needs

and goals set for program performance;

4.

Report annually the results of the accountability measurements defined in the strategic

plan;

5.

Select a fiscal agent to disburse funds and serve as the employer of the Council Director,

once hired;

6.

Conduct a comprehensive evaluation and report, based on the strategic plan; and

7.

Actively inform and include small or under-represented early childhood service providers

in Early Childhood Council activities and functions.

B.

Each Early Childhood Council shall submit and ensure that the state department has current

record of the council governance structure, to include at minimum:

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1.

Early Childhood Council membership, to include the name and contact information for

representatives from each of the mandatory stakeholder groups in rule section

1.304(A)(4);

2.

An organizational chart or other description of its officer/leadership structure, including

current officers;

3.

The name and contact information for the Council Director, or, if none has been hired, an

interim program contact employed by the fiscal agent;

4.

The Early Childhood Council bylaws; and

5.

An annual budget for developing a local early childhood system and infrastructure to

improve and coordinate early childhood services.

C.

Each Early Childhood Council shall develop, execute, and submit for state department

compliance review, an up-to-date organizational strategic plan that:

1.

Reflects the state department priorities and performance standards to increase and

sustain the quality, accessibility, capacity, and affordability of early childhood services for

children and their parents;

2.

Responds to the early childhood needs and conditions in the designated service area

based upon a rigorous assessment; and

3

iance review, an up-to-date organizational strategic plan that:

1.

Reflects the state department priorities and performance standards to increase and

sustain the quality, accessibility, capacity, and affordability of early childhood services for

children and their parents;

2.

Responds to the early childhood needs and conditions in the designated service area

based upon a rigorous assessment; and

3.

Sets measurable goals to increase and sustain quality, accessibility, capacity, and

affordability of early childhood services for children and their parents.

D.

The strategic plan shall be developed at least once every five (5) years and include, at minimum:

1.

A description of the long-term goals to be accomplished;

2.

A description of the short-term objectives;

3.

A description of the expected outcomes aligned with the goals and objectives; and

4.

A definition of the data, tools and methods for tracking progress towards the goals,

objectives, and expected outcomes.

E.

Annually, each Early Childhood Council shall submit to the state department and its Early

Childhood Council membership:

1.

The current strategic plan; and

2.

A written, comprehensive evaluation and report of its progress based on the strategic

plan accountability metrics.

1.306

STATE DEPARTMENT FUNDING REQUIREMENTS

This rule is promulgated pursuant to sections 26.5-2-204(5) and 26.5-2-207(2)(a), C.R.S.

A.

To be eligible to receive infrastructure, quality improvement, technical assistance, and evaluation

funding from the state department, an Early Childhood Council must:

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.

1.306

STATE DEPARTMENT FUNDING REQUIREMENTS

This rule is promulgated pursuant to sections 26.5-2-204(5) and 26.5-2-207(2)(a), C.R.S.

A.

To be eligible to receive infrastructure, quality improvement, technical assistance, and evaluation

funding from the state department, an Early Childhood Council must:

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1.

Be properly convened; and meet the minimum service area and governance standards in

rule sections 1.303 and 1.304; and

2.

Submit a strategic plan for compliance review in accordance with rule section 1.305(C)

and (D).

B.

Each Early Childhood Council seeking infrastructure, quality improvement, technical assistance,

and evaluation funding shall submit an application to the state department that includes or

describes:

1.

The Council’s designated service area, as described in rule section 1.303;

2.

The Council’s current membership, including proof of a Memorandum of Understanding

signed by the members representing each mandatory stakeholder group, as set forth in

rule section 1.304(A)(4);

3.

The registered business name, certificate in good standing with the Colorado Secretary

of State, and the D-U-N-S number for the designated fiscal agent;

4.

The capacity to comply with state department data entry and data reporting requirements,

as defined by the state department and other applicable funding stream requirements;

5.

Current record of the council governance structure, as set forth in rule section 1.305(B);

6.

The Council director’s signature; and

7.

The Council’s strategic plan, in compliance with rule section 1.305(C) and (D).

C.

If an Early Childhood Council fails to maintain ongoing compliance with these funding

requirements, including the requirement of a current strategic plan, the state department may

deny its pending or immediately subsequent application for funding.

D

rule section 1.305(B);

6.

The Council director’s signature; and

7.

The Council’s strategic plan, in compliance with rule section 1.305(C) and (D).

C.

If an Early Childhood Council fails to maintain ongoing compliance with these funding

requirements, including the requirement of a current strategic plan, the state department may

deny its pending or immediately subsequent application for funding.

D.

Councils that have previously applied for and been denied funding by the state department may

re-apply by showing current compliance with state requirements.

E.

Any Council may apply for a waiver of specific governance rules pursuant to rule section 1.304,

upon a showing of substantial compliance and undue hardship. A Council shall submit any

request for a waiver to the Early Childhood Leadership Commission, which shall consult with the

state department on the request. The state department will grant such waivers upon

recommendation by the Commission.

1.307

RULE WAIVER REQUEST

This rule is promulgated pursuant to sections 26.5-1-105(1), 26.5-1-303(1)(d), and 26.5-2-207, C.R.S.

A.

A local Early Childhood Council may submit a rule waiver request to the Early Childhood

Leadership Commission for any rule, that would prevent a Council from implementing council

projects related to the minimum duties and functions defined in rule section 1.305(A).

B.

The Early Childhood Council submitting a waiver request is required to demonstrate that the

waiver in question is necessary to support implementation of the Early Childhood Council projects

related to the minimum duties and functions set forth in rule section 1.305(A).

C.

The waiver request shall be submitted in writing to the Early Childhood Leadership Commission

Director.

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demonstrate that the

waiver in question is necessary to support implementation of the Early Childhood Council projects

related to the minimum duties and functions set forth in rule section 1.305(A).

C.

The waiver request shall be submitted in writing to the Early Childhood Leadership Commission

Director.

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1.400

NURSE HOME VISITOR PROGRAM

1.401

DEFINITIONS

A.

"Alternative Nurse Home Visitation Program" means a program that provides home visits by

nurses but is not the program described in section 26.5-3-504(1), C.R.S., but does qualify for

funding from the Nurse Home Visitor Program Fund because it meets the requirements of section

26.5-3-506, C.R.S., and rule section 1.410 of these rules.

B.

"Conflict of interest" means a personal or financial interest that could reasonably be perceived as

an interest that may influence an individual in their official duties.

C.

"Entity" means any nonprofit, not-for-profit, or for-profit corporation; religious or charitable

organization; institution of higher education; visiting nurse association; existing visiting nurse

program; county, district, or municipal public health agency; county department of human or

social services; political subdivision of the state; or other governmental agency; or any

combination thereof.

D.

"Expansion site" means a program that is already serving at least fifty (50) low-income, first-time

mothers, through a grant received under these rules, in the previous fiscal year, and the

implementing entity is applying for additional funding to enable it to serve additional low-income,

first-time mothers.

E.

"Financial interest" means a substantial interest held by an individual which is an ownership or

vested interest in an entity, or employment or a prospective employment for which negotiations

have begun, or a directorship or officership in an entity.

F

ous fiscal year, and the

implementing entity is applying for additional funding to enable it to serve additional low-income,

first-time mothers.

E.

"Financial interest" means a substantial interest held by an individual which is an ownership or

vested interest in an entity, or employment or a prospective employment for which negotiations

have begun, or a directorship or officership in an entity.

F.

"Health sciences facility" means the Anschutz medical campus or a successor facility located at

the university of Colorado health sciences center that is selected by the president of the university

of Colorado pursuant to section 26.5-3-505, C.R.S., to assist the executive director in

administering the program.

G.

"Low-income" means an annual income that does not exceed two hundred percent (200%) of the

federal poverty line.

H.

"New entity" means any entity that has not previously received funding for the program pursuant

to these rules.

I.

"Nurse" means a person licensed as a professional nurse pursuant to part 1 of article 255 of Title

12, , C.R.S., or accredited by another state or voluntary agency that the state board of nursing

has identified by rule pursuant to section 12-255-107(1)(a), C.R.S., as one whose accreditation

may be accepted in lieu of board approval.

J.

"Nurse Home Visitor Program" or "Program" means the nurse home visitor program established

in part 5 of article 3 of Title 26.5, C.R.S.

K.

“Nurse Home Visitor Program Fund” means the fund described in section 26.5-3-507(2)(c),

C.R.S.

L.

"Nurse supervisor" means a nurse with a Master's degree in nursing or public health, unless the

implementing entity can demonstrate that such a person is either unavailable within the

community or an appropriately qualified nurse without a Master's degree is available.

M.

“State Department” means the Colorado Department of Early Childhood.

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h a Master's degree in nursing or public health, unless the

implementing entity can demonstrate that such a person is either unavailable within the

community or an appropriately qualified nurse without a Master's degree is available.

M.

“State Department” means the Colorado Department of Early Childhood.

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N.

"Visit protocols" mean nurse home visit guidelines addressing, at a minimum, prenatal, infancy

and toddler development. The visit protocols must cover topics such as positive birth outcomes,

parental life course development and parenting skills.

1.402

PROCEDURES FOR GRANT APPLICATION

A.

Grant Application Contents

1.

All applications shall be submitted to the state department by entities as defined in rule

section 1.401(D) in accordance with these rules and shall contain, at a minimum, the

basic program elements specified in section 26.5-3-506(1), C.R.S., and the following

information. A budget which includes each of the following:

a.

Salaries and benefits for the staff required in rule section 1.407;

b.

Costs of the training provided by the health sciences facility, and costs to cover

any other training required by the health sciences facility. Allowable costs

include, but are not limited to, travel costs and training materials;

c.

Costs to purchase and maintain the management information system and related

technical assistance;

d.

Operating costs, including, but not limited to, office and program supplies,

postage, telephones, computer(s) with internet access, liability insurance,

medical supplies, mileage reimbursement and other staff development for the

required staff;

e.

A description of how the applicant will fund any additional costs not funded by the

grant;

f.

Any in-kind contributions the applicant or other stakeholders in the community

may donate.

2

t limited to, office and program supplies,

postage, telephones, computer(s) with internet access, liability insurance,

medical supplies, mileage reimbursement and other staff development for the

required staff;

e.

A description of how the applicant will fund any additional costs not funded by the

grant;

f.

Any in-kind contributions the applicant or other stakeholders in the community

may donate.

2.

Applications for New Entities

In addition to the requirements of rule section 1.402(A)(1), applications for new entities

shall contain, at a minimum, the following information:

a.

A description of the experience the applicant has working with the target

population and existing home visitation programs;

b.

A description of the community support for the program and for the applicant as

the lead organization in its implementation, including detailed information about

the broad-based support for the program's implementation. Breadth of

community support shall be judged by the diversity of those involved in

supporting the program's implementation, and can be evidenced through letters

of support and more formal referral relationships among various community

organizations and the applicant;

c.

A description of the specific needs of the population to be served including, but

not limited to, the socio-demographic and health characteristics that justify the

need for the program and the number of first-time, low-income mothers eligible

for the program;

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community

organizations and the applicant;

c.

A description of the specific needs of the population to be served including, but

not limited to, the socio-demographic and health characteristics that justify the

need for the program and the number of first-time, low-income mothers eligible

for the program;

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d.

A description of the relationship of the applicant with the schools, prenatal clinics

and other referral sources for the first-time, low-income mothers who will be

served by the program, with specific information about the duration of these

relationships;

e.

A description of the nature and duration of the referral linkages that exist

between the applicant and other service providers throughout the community

including, but not limited to, providers of social services, mental health services,

workforce preparation services, job training services, legal services, health care

services and child care services;

f.

Except as provided in rule section 1.409, a description of a plan for recruiting at

least one hundred (100) first-time, low-income mothers;

g.

A description of the collaboration between the applicant and other entities

providing similar services to the same population, including plans for coordination

and a description of how the program will fit in with and complement the

community's efforts to meet the needs of the target population, if applicable;

h.

A plan for hiring and retaining qualified staff that represents the community's

racial and cultural diversity;

i.

A description of the applicant's capacity to comply with and monitor the

implementation of the grant requirements;

j.

Summary of the major strengths of the applicant and the community that will lead

to successful implementation of the program;

k

the target population, if applicable;

h.

A plan for hiring and retaining qualified staff that represents the community's

racial and cultural diversity;

i.

A description of the applicant's capacity to comply with and monitor the

implementation of the grant requirements;

j.

Summary of the major strengths of the applicant and the community that will lead

to successful implementation of the program;

k.

A statement as to whether the applicant plans to work collaboratively with other

entities in either administering the program or through an oversight board, and

whether the other entities are other counties, municipalities, agencies, or

organizations; and

l.

If an applicant currently provides services in compliance with rule sections 1.406

through 1.409, using funding other than from the Nurse Home Visitor Program

Fund, the applicant shall state if:

1)

The applicant expects to continue to receive funding from such

alternative funding source; and

2)

Funds received pursuant to these rules will be used to increase the

number of clients served.

3.

Applications for Multiple Community Collaboration

If multiple communities with lower birth rates need to collaborate to meet the one hundred

(100) family requirement, the applicant shall provide specific plans that address the

mechanisms and history of the collaboration in addition to complying with the

requirements of rule sections 1.402(A)(1) and (2). The plan shall include, but not be

limited to, examples of previous collaborations.

4.

Applications for Expansion Sites

In addition to complying with the requirements of rule section 1.402(A)(1), each

expansion site shall submit the following in its application:

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ents of rule sections 1.402(A)(1) and (2). The plan shall include, but not be

limited to, examples of previous collaborations.

4.

Applications for Expansion Sites

In addition to complying with the requirements of rule section 1.402(A)(1), each

expansion site shall submit the following in its application:

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17

a.

Confirmation that the entity has implemented the program in compliance with

these rules;

b.

A description of additional community demand for the program that is not being

met through the current funding;

c.

A specific plan for building additional infrastructure to support the expansion of

the program including, but not limited to, physical space, staff supervision, and

computer data entry personnel;

d.

A description of how the implementing entity has addressed previous specific

challenges relating to the program;

e.

A plan describing the implementing entity's strategy to recruit and train sufficient

qualified nurses to implement and expand the program; and

f.

A description of community support for the planned expansion of the program.

B.

Timelines for Grant Applications

Grant applications may be solicited up to two (2) times each fiscal year.

1.403

REVIEW OF APPLICATIONS

A.

The state department shall conduct an initial technical review of submitted applications to ensure

that all required components are included.

B.

After the state department's technical review of the applications, the health sciences facility shall

review the applications and shall select a list of entities that the health sciences facility

recommends to administer the program in communities throughout the state.

C.

The state department shall review the budget and budget justification in the application of each

selected entity and provide technical assistance to ensure an accurate budget to support

implementation in accordance with program requirements.

1.404

CRITERIA FOR SELECTION OF ENTITIES

A

ties that the health sciences facility

recommends to administer the program in communities throughout the state.

C.

The state department shall review the budget and budget justification in the application of each

selected entity and provide technical assistance to ensure an accurate budget to support

implementation in accordance with program requirements.

1.404

CRITERIA FOR SELECTION OF ENTITIES

A.

At a minimum, the following criteria shall be used for selecting potential grantees:

1.

The applicant meets the definition of an "entity" as defined in rule section 1.401(D);

2.

The entity submits a completed application in accordance with the requirements of rule

section 1.402;

3.

The entity demonstrates the capacity and ability to adequately administer and implement

the program;

4.

The entity demonstrates that it will comply with the requirements of rule sections 1.406

through 1.408;

5.

The entity's geographic service area and/or the population it serves advances the

implementation of the program in communities throughout the state; and

6.

The entity is selected on a competitive basis.

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B.

More than one (1) entity may receive funding in a particular community if it can demonstrate in its

application:

1.

Broad community support for the implementing entity;

2.

Existence of a sufficient number of eligible women to support multiple implementing

entities;

3.

Existence of close coordination and mutual support between the entities; and

4.

A specific plan for the coordination by the applying entity and other nurse home visitation

programs in the community.

C.

Special consideration shall be given to entities that are proposing to administer the program as a

collaborative effort among multiple entities.

1.405

AWARDING OF PROGRAM GRANTS

A.

The Executive Director or Designee shall approve grants and award funding to the entities

selected on a competitive basis by the health sciences facility.

B

and other nurse home visitation

programs in the community.

C.

Special consideration shall be given to entities that are proposing to administer the program as a

collaborative effort among multiple entities.

1.405

AWARDING OF PROGRAM GRANTS

A.

The Executive Director or Designee shall approve grants and award funding to the entities

selected on a competitive basis by the health sciences facility.

B.

The grant awards may, at a minimum, include monies to fund:

1.

Reasonable and necessary salaries and benefits for nurses, nurse supervisors, and data

entry employees;

2.

Reasonable and necessary operating costs, including but not limited to, medical, program

and office supplies, telephones, computer equipment, mileage reimbursement, any

required insurance, and staff development;

3.

Reasonable and necessary training, training materials and travel costs associated with

obtaining training required by rule section 1.406(A);

4.

Reasonable and necessary cost for purchasing the management information system, and

any related technical assistance; and

5.

Reasonable and necessary costs for developing any infrastructure necessary for program

administration and implementation.

1.406

PROGRAM REQUIREMENTS

A.

Training Requirements

Each nurse employed by an entity to provide nurse home visiting services through the Nurse

Home Visitor Program shall be required, at a minimum, to attend and complete the following

training:

1.

Preparatory study educating nurse home visitors on their nurse home visitor role and

competencies, including:

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Each nurse employed by an entity to provide nurse home visiting services through the Nurse

Home Visitor Program shall be required, at a minimum, to attend and complete the following

training:

1.

Preparatory study educating nurse home visitors on their nurse home visitor role and

competencies, including:

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19

a.

Applying theories and principles integral to implementation of the Nurse-Family

Partnership Model. (2019), herein incorporated by reference. No later editions or

amendments are incorporated. A copy of the principles are available from the

U.S. Department of Health and Human Services, Administration of Children &

Families, at https://homvee.acf.hhs.gov/implementation/Nurse-

Family%20Partnership%20(NFP)%C2%AE/Model%20Overview. A copy is also

available from the State Department for inspection and copying at 710 S. Ash St.,

Bldg. C., Denver, CO 80246 during normal business hours.

b.

Using evidence from randomized trials and data collection software to guide and

improve practice.

c.

Delivering individualized client care across the six (6) domains of Personal

Health, Environmental Health, Life Course, Maternal Role, Friends and Family,

and Health and Human Services.

d.

Establishing therapeutic relationships with clients.

e.

Utilizing reflective process to improve practice.

2.

Interactive training where nurse home visitors receive instruction and assistance to begin

applying information. This training prepares new nurses to implement the intervention

with fidelity to the Nurse-Family Partnership Model.

3.

Training to give nurses an opportunity to deepen their understanding of the Nurse-Family

Partnership Model, specifically regarding:

a.

Infant temperament;

b.

Motivational interviewing; and

c.

Fidelity to the model elements.

B.

Visit Protocols

The visit protocols followed by the entity in administering the program shall cover information

specific to prenatal, infant, and toddler phases

ip Model.

3.

Training to give nurses an opportunity to deepen their understanding of the Nurse-Family

Partnership Model, specifically regarding:

a.

Infant temperament;

b.

Motivational interviewing; and

c.

Fidelity to the model elements.

B.

Visit Protocols

The visit protocols followed by the entity in administering the program shall cover information

specific to prenatal, infant, and toddler phases. The visit protocols shall, at a minimum, address:

1.

The physical and emotional health of the mother and the baby, including information for

the mother on the importance of nutrition and avoiding alcohol and drugs, including

nicotine;

2.

The environmental health issues such as ensuring a safe environment for the child;

3.

The life course development for the mother, including employment, educational

achievement, budgeting and financial planning, transportation and housing;

4.

The parental role and responsibilities; and

5.

The role of family and friends in supporting goal attainment.

C.

Program Management Information Systems

The management information system used by the entity in administering and implementing the

program shall, at a minimum, include the following:

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1.

Documentation of the services received by clients enrolled in the program;

2.

Information to assist the program staff in tracking the progress of families in attaining

program goals;

3.

Information to assist nurse supervisors in providing feedback to individual nurse home

visitors on strengths and areas for improvement in implementing the program; and

4.

Information to assist program staff in planning quality improvements to enhance program

implementation and outcomes.

D.

Reporting and Evaluation System

1.

At least once (1 time) every month, each implementing entity shall submit the data

generated by the management information system required by rule section 1.406(C), to

the health sciences facility.

2

provement in implementing the program; and

4.

Information to assist program staff in planning quality improvements to enhance program

implementation and outcomes.

D.

Reporting and Evaluation System

1.

At least once (1 time) every month, each implementing entity shall submit the data

generated by the management information system required by rule section 1.406(C), to

the health sciences facility.

2.

The data will be analyzed and the health sciences facility shall make available, on no less

than a quarterly basis, a report to the entity evaluating the program's implementation, and

on a semi-annual basis shall also make available reports on benchmarks of program

outcomes.

3.

The implementing entity shall submit an annual report that complies with the

requirements in rule section 1.411 to both the health sciences facility and the community

in which the entity implements the program that reports on the effectiveness of the

program within the community.

4.

The annual report shall be submitted on or before March 1, or not later than sixty (60)

days after the end of the fiscal year for which funding was provided if the program has not

submitted a request for continuation of funding. The annual report shall be written in a

manner that is understandable for both the health sciences facility and members of the

community that the program serves.

1.407

STAFFING REQUIREMENTS

A.

For every one hundred (100) low-income, first-time mothers enrolled in the program, the program

shall, at a minimum, have the following staff:

1.

Four (4) full time equivalent (FTE) nurses;

2.

One (1) half FTE nurse supervisor, and

3.

One (1) half FTE data entry/clerical support person.

B.

The data entry/clerical support person shall provide office support to the nursing staff and assure

data are submitted as required by rule sections 1.406(C) and (D).

C.

The caseload for any one (1) nurse at one (1) time shall not exceed twenty-five (25) low-income,

first-time mothers.

1.408

ELIGIBILITY OF CLIENTS

A

TE nurse supervisor, and

3.

One (1) half FTE data entry/clerical support person.

B.

The data entry/clerical support person shall provide office support to the nursing staff and assure

data are submitted as required by rule sections 1.406(C) and (D).

C.

The caseload for any one (1) nurse at one (1) time shall not exceed twenty-five (25) low-income,

first-time mothers.

1.408

ELIGIBILITY OF CLIENTS

A.

At a minimum, the following is required to be eligible to receive program services:

CODE OF COLORADO REGULATIONS

8 CCR 1401-1

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1.

A mother with an annual income that does not exceed two hundred percent (200%) of the

federal poverty line;

2.

No previous live births; and

3.

Enrolled in the program during pregnancy or prior to the end of the first (1st) month of the

baby's life.

B.

Preference will be given to mothers who enroll in the program prior to the twenty-eighth (28th)

week of pregnancy.

1.409

NUMBER OF CLIENTS SERVED; WAIVER

A.

Except as provided in rule section 1.409(B), each entity shall provide services to a minimum of

one hundred (100) low-income, first-time mothers in the community in which the program is

administered and implemented.

B.

Small Community Size:

1.

If the population base of a community does not have the capacity to enroll one hundred

(100) eligible families, an entity may apply to the state department for a waiver from this

requirement.

2.

Prior to granting any waivers, the state department shall consult with the health sciences

facility to ensure that the entity can implement the program within a smaller community

and comply with program requirements.

1.410

AVAILABILITY OF FUNDING FOR ALTERNATIVE NURSE HOME VISITATION PROGRAMS

A.

An alternative nurse home visitation program may qualify for funding under the nurse home visitor

program, if the alternative nurse home visitation program:

1.

Has been in operation in the state as of July 1, 1999, for a minimum of five (5) years;

2

ogram within a smaller community

and comply with program requirements.

1.410

AVAILABILITY OF FUNDING FOR ALTERNATIVE NURSE HOME VISITATION PROGRAMS

A.

An alternative nurse home visitation program may qualify for funding under the nurse home visitor

program, if the alternative nurse home visitation program:

1.

Has been in operation in the state as of July 1, 1999, for a minimum of five (5) years;

2.

Has achieved a significant reduction in each of the following:

a.

Infant behavioral impairments due to use of alcohol and other drugs, including

nicotine;

b.

The number of reported incidents of child abuse and neglect among families

receiving services;

c.

The number of subsequent pregnancies by mothers receiving services;

d.

The receipt of public assistance by mothers receiving services; and

e.

Criminal activity engaged in by mothers receiving services and their children.

B.

Any alternative nurse home visitation program qualifying for funding under this section shall be

exempt from the requirements of rule section 1.406, if it continues to demonstrate significant

reductions in the occurrences specified in rule section 1.410(A)(2).

C.

Any alternative nurse home visitation program qualifying for funding under this section shall

comply with the requirements of rule section 1.411.

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1.411

REPORTING REQUIREMENTS FOR TOBACCO SETTLEMENT PROGRAMS

A.

All programs shall annually submit to the state department a report which, at a minimum, includes

the following information:

1.

The amount of master settlement agreement moneys, as described in section 26.5-3-

503(4), C.R.S., received by the program for the preceding fiscal year;

2.

A description of the program, including the program goals, population served by the

program, the actual number of people served, and the services provided; and

3.

An evaluation of the operation of the program, which includes the effectiveness of the

program in achieving its stated goals

oneys, as described in section 26.5-3-

503(4), C.R.S., received by the program for the preceding fiscal year;

2.

A description of the program, including the program goals, population served by the

program, the actual number of people served, and the services provided; and

3.

An evaluation of the operation of the program, which includes the effectiveness of the

program in achieving its stated goals.

1.412

CONFLICTS OF INTEREST

A.

Applicability

Except as provided for in sections 26.5-3-505 through 26.5-3-508, C.R.S., regarding the health

sciences facility, this section applies to any person involved in:

1.

The review of completed applications; or

2.

Making recommendations to the state department regarding an entity that may receive a

grant and the amount of said grant.

B.

Prohibited Behavior

No person who is involved in the activities specified in rule section 1.412(A), shall have a conflict

of interest. Such conflict of interest includes, but is not limited to, any conflict of interest involving

the person and the grantee, or the person and the tobacco industry.

C.

Responsibilities of Persons with a Potential Conflict of Interest

A person who believes that they may have a conflict of interest must disclose such conflict of interest as

soon as they become aware of the conflict of interest, and shall disclose the conflict of interest in writing

to the state department. If the state department determines the existence of a conflict of interest, the

person must recuse themselves from any of the activities specified in rule section 1.412(A), relating

thereto.

1.413

CRITERIA FOR REDUCTION OR CESSATION OF FUNDING

A.

Upon recommendation from the health sciences facility, the state department may reduce or

eliminate the funding of a program if the entity is not operating the program in accordance with

the program requirements established in rule sections 1.406 through 1.408, except as provided in

rule section 1.410, or is operating the program in such a manner that it does not demonstrate

positive results.

B

A.

Upon recommendation from the health sciences facility, the state department may reduce or

eliminate the funding of a program if the entity is not operating the program in accordance with

the program requirements established in rule sections 1.406 through 1.408, except as provided in

rule section 1.410, or is operating the program in such a manner that it does not demonstrate

positive results.

B.

An entity shall receive written notification from the state department if the entity's funding is

subject to reduction or elimination.

C.

Any reduction or elimination in funding is subject to the due process requirements outlined in

section 24-4-105, C.R.S.

CODE OF COLORADO REGULATIONS

8 CCR 1401-1

General Early Childhood Administration and Programs

23

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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