CHILD CARE FACILITY LICENSING RULES AND REGULATIONS

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Code of Colorado Regulations › 1400 Department of Early Childhood › 1402 Division of Early Learning, Licensing, and Administration › 8 CCR 1402-1

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DEPARTMENT OF EARLY CHILDHOOD

Division of Early Learning, Licensing, and Administration

CHILD CARE FACILITY LICENSING RULES AND REGULATIONS

8 CCR 1402-1

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

2.100 GENERAL RULES FOR CHILD CARE FACILITIES

2.101 AUTHORITY

These rules and regulations are adopted pursuant to the rulemaking authority provided

in section 26.5-1-105(1), C.R.S., and are intended to be consistent with the

requirements of the State Administrative Procedures Act, section 24-4-101, et seq. (the

“APA”), C.R.S., the Anna Jo Garcia Haynes Early Childhood Act, section 26.5-1-101, et

seq. (the “Early Childhood Act”), C.R.S., the Child Care Licensing Act, section 26.5-5-

301, et seq., C.R.S.; and the Child Care Development and Block Grant Act of 2014, 42

U.S.C. sec. 9858e, and section 26.5-4-110(3), C.R.S.

2.102 SCOPE AND PURPOSE

These rules and regulations shall govern the processes and procedures to become a

licensed child care facility, and the health and safety requirements of licensed child care

facilities in Colorado. These rules will address the License Types, Application Process,

Fees, Civil Penalties, Appeals And Waivers, Background Checks, Reporting

requirements, Posting requirements, Confidentiality, Civil Rights, Fire, Health Inspection

and Zoning Codes, and Emergency and Disaster Preparedness.

2.103 APPLICABILITY

The provisions of these rules and regulations shall be applicable to Family Child Care

Homes 2.300, Child Care Facilities 2.200, School Age Child Care 2.500, Substitute

Placement Agencies 2.800, Neighborhood Youth Organizations 2.700, and Children’s

Resident Camps 2.400, licensed and regulated by the Colorado Department of Early

Childhood.

2.104 DEFINITIONS

ster Preparedness.

2.103 APPLICABILITY

The provisions of these rules and regulations shall be applicable to Family Child Care

Homes 2.300, Child Care Facilities 2.200, School Age Child Care 2.500, Substitute

Placement Agencies 2.800, Neighborhood Youth Organizations 2.700, and Children’s

Resident Camps 2.400, licensed and regulated by the Colorado Department of Early

Childhood.

2.104 DEFINITIONS

“Affiliate of a licensee” means any person or entity that owns more than five (5)

percent of the ownership interest in the business operated by the licensee or the

applicant for a license; or, any person who is directly responsible for the care and

welfare of children served; or, any executive, officer, member of the governing

board, or employee of a licensee; or, a relative of a licensee, which relative

provides care to children at the licensee’s facility or is otherwise involved in the

management or operations of the licensee’s facility.

Code of Colorado Regulations

Secretary of State

State of Colorado

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8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

“Annually” means the time frame from the initial date of hire, training, licensing, or

certification, and the following twelve months.

“Calendar year” means the time frame from January 1 to December 31.

“Child abuse,” and “child neglect” mean the same as in the definition of “child

abuse or neglect” set forth in section 19-1-103(1), C.R.S., unless otherwise

indicated.

“Child Care Center” has the same meaning as set forth in section 26.5-5-303(3),

C.R.S.

“Children's Resident Camp” has the same meaning as set forth in section 26.5-5-

303(5), C.R.S.

“Consumer Product Safety Commission”, as referred to in rules Regulating Child

Care Facilities, means the National Commission that establishes standards for

the safety of children’s equipment and furnishings and for playground safety. All

facilities licensed under the Child Care Licensing Act are subject to the

Consumer Product Safety Act, 15 U.S.C

as set forth in section 26.5-5-

303(5), C.R.S.

“Consumer Product Safety Commission”, as referred to in rules Regulating Child

Care Facilities, means the National Commission that establishes standards for

the safety of children’s equipment and furnishings and for playground safety. All

facilities licensed under the Child Care Licensing Act are subject to the

Consumer Product Safety Act, 15 U.S.C. §§ 2051−2090, and its implementing

regulations, 16 C.F.R. Parts 1101, 1102, 1105, 1107, 1109,1110, 1112, 1115,

1116, 1117, 1120, 1130, 1145,1199,1200, 1203, 1207, 1213 through 1263, 1272,

1307, 1308, 1309, 1310, 1501, 1510, 1511, 1512, and 1513 (2022), herein

incorporated by reference. No later editions or amendments are incorporated.

These regulations are available at no cost at https://www.ecfr.gov/current/title-

16/chapter-II. These regulations are also available for public inspection and

copying at the Colorado Department of Early Childhood, 710 S. Ash St., Bldg. C,

Denver, CO 80246, during regular business hours.

“Convicted” means a conviction by a jury or by a court and shall also include a

deferred judgment and sentence agreement, a deferred prosecution agreement,

a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo

contendere.

“Critical incident” is a serious incident or concern, or potential incident or

concern, that poses a danger to a child or children at the facility or of a staff

member at the facility.

“Department” means the Colorado Department of Early Childhood.

“Employee” or “applicant for employment,” for the purpose of the child abuse or

neglect records check required in rule section 2.120, is defined as: an individual

(other than an individual who is related to all children for whom child care

services are provided):

Who is employed by a licensed or qualified exempt child care provider for

compensation, including contract employees or self-employed individuals;

“applicant for employment,” for the purpose of the child abuse or

neglect records check required in rule section 2.120, is defined as: an individual

(other than an individual who is related to all children for whom child care

services are provided):

Who is employed by a licensed or qualified exempt child care provider for

compensation, including contract employees or self-employed individuals;

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Division of Early Learning, Licensing, and Administration

Whose activities involve the care or supervision of children for a licensed

or qualified exempt child care provider or unsupervised access to children

who are cared for or supervised by a licensed or qualified exempt child

care provider; or

Any individual residing in a licensed or qualified exempt family child care

home who is age 18 or older.

“Facility” is any business or operation established for the purpose of providing

child care services that are required to be licensed pursuant to the Child Care

Licensing Act, section 26.5-5-301 et seq., C.R.S.

“Family Child Care Home,” has the same meaning as set forth in section 26.5-5-

303(7), C.R.S.

“Final Agency Decision” means the same as a final agency action or order in

compliance with the State Administrative Procedure Act, section 24-4-106(2),

C.R.S., that determines the rights and obligations of the parties and represents

the conclusion of the agency’s decision-making process.

“Guest Child Care Facility” means the same as set forth in 26.5-5-303 (10)

C.R.S.

“Governing Body” means the individual, partnership, corporation, or association

in which the ultimate authority and legal responsibility is vested for the

administration and operation of a child care facility.

“Health Department” is the Colorado Department of Public Health and

Environment (CDPHE) or the local county department of health.

means the same as set forth in 26.5-5-303 (10)

C.R.S.

“Governing Body” means the individual, partnership, corporation, or association

in which the ultimate authority and legal responsibility is vested for the

administration and operation of a child care facility.

“Health Department” is the Colorado Department of Public Health and

Environment (CDPHE) or the local county department of health.

“Licensee” means the entity or individual to which a license is issued and that

has the legal capacity to enter into an agreement or contract, assume

obligations, incur and pay debts, sue and be sued in its own right, and be held

responsible for its actions. A licensee may be a governing body.

“Licensing Specialist” is the authorized representative of the Department who

inspects and audits child care facilities to ensure compliance with licensing

requirements and to investigate possible violations of those requirements.

“Negative licensing action” or “adverse action,” has the same meaning as set

forth in section 26.5-5-303(16), C.R.S.,

“Neighborhood Youth Organization,” means the same as set forth in section

26.5-5-303(17), C.R.S.

“Relative” means the same as set forth in section 26.5-5-303(24), C.R.S.

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Division of Early Learning, Licensing, and Administration

“Trails” means the Colorado Department of Human Services (CDHS) confidential

information system which maintains abuse and neglect referrals, investigations,

and the investigation outcomes.

APPLICATION PROCESS, LICENSE TYPES, AND LICENSING PROVISIONS

2.105 ORIGINAL APPLICATION

A completed original application accompanied by the appropriate fee must be

submitted to the Department a minimum of sixty (60) days prior to the proposed

opening date for the facility.

A licensing evaluation will occur only after the Department has received the

complete application and appropriate fee.

2.106 CHANGES REQUIRING A NEW APPLICATION

NSING PROVISIONS

2.105 ORIGINAL APPLICATION

A completed original application accompanied by the appropriate fee must be

submitted to the Department a minimum of sixty (60) days prior to the proposed

opening date for the facility.

A licensing evaluation will occur only after the Department has received the

complete application and appropriate fee.

2.106 CHANGES REQUIRING A NEW APPLICATION

A license is deemed surrendered and a new application is required in any of the

following circumstances:

Change of licensee, owner, or governing body;

Change in classification of facility or service offered; or

Change in location of the facility.

2.107 PERMANENT LICENSE

A permanent license is granted when the Department is satisfied that the facility

or agency is in compliance with the appropriate Department rules and the Child

Care Licensing Act. The permanent license remains in effect until surrendered or

revoked.

Once a permanent license has been issued, the licensee must annually submit to

the Department a declaration of compliance with the applicable licensing rules

and notice of continuing operation on the form prescribed by the Department,

along with the appropriate annual fee as set forth in rule section 2.111.

Failure to submit the annual Continuation Notice and fee will constitute a

consistent failure to maintain Department standards and may result in fines or the

revocation of the license.

2.108 PROVISIONAL LICENSE

A provisional license or certificate may be issued only for the initial six (6) month

licensing period.

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Division of Early Learning, Licensing, and Administration

the annual Continuation Notice and fee will constitute a

consistent failure to maintain Department standards and may result in fines or the

revocation of the license.

2.108 PROVISIONAL LICENSE

A provisional license or certificate may be issued only for the initial six (6) month

licensing period.

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Division of Early Learning, Licensing, and Administration

This license permits the facility to operate while it is temporarily unable to

conform to all rules upon proof by the applicant that attempts are being made to

comply with the rules.

If an applicant holds a valid provisional license at the time of application for a

permanent license, the provisional license will remain in effect until the

application is acted on by the Department.

2.109 PROBATIONARY LICENSE

The Department may make the license of any facility a probationary license as

provided in section 26.5-5-317(2), C.R.S. Making a license probationary is a

negative licensing action as defined in section 26.5-5-303(16)(a), C.R.S.

If the applicant holds a valid probationary license and submits the renewal

application and appropriate fee for a permanent license, the current license will

remain in effect until the renewal application is acted on by the Department.

2.110 MULTIPLE LICENSES

If a licensee wishes to assume child care responsibility in more than one

classification of care, separate applications, fees, and licensing evaluations are

required for each classification. A family child care home may only be licensed as

one type of classification at any one location address.

If a licensee wishes to operate more than one facility of the same classification

but at different locations, separate applications, fees, and licensing evaluations

are required for each location.

Operating multiple licenses of the same classification at a single location by the

same licensee or governing body is prohibited.

2.111 FEES

ne type of classification at any one location address.

If a licensee wishes to operate more than one facility of the same classification

but at different locations, separate applications, fees, and licensing evaluations

are required for each location.

Operating multiple licenses of the same classification at a single location by the

same licensee or governing body is prohibited.

2.111 FEES

The appropriate application fee, must be submitted to the Department with the

application for a child care, agency or neighborhood youth organization license at

least sixty (60) calendar days prior to the anticipated opening date of the facility

or the expiration date of the provisional or probationary license.

The appropriate annual continuation fee, must be submitted to the Department

annually, at least sixty (60) calendar days prior to the anniversary date of the

license, along with a completed continuation declaration.

Following is a schedule of original and annual continuation fees for all types of

child care facilities and agencies:

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Division of Early Learning, Licensing, and Administration

FAMILY CHILD CARE HOMES (1-6 CHILDREN)

JULY 1, 2020, and beyond*

Original Application

$65.00

Continuation

$65.00

(*One year from licensed anniversary date)

LARGE FAMILY CHILD CARE HOMES (7-12 CHILDREN)

JULY 1, 2020, and beyond*

Original Application

$100.00

Continuation

$100.00

(*One year from licensed anniversary date)

EXPERIENCED FAMILY CHILD CARE PROVIDER (UP TO 9 CHILDREN)

JULY 1, 2020, and beyond*

Original Application

$100.00

Continuation

$100.00

(*One year from licensed anniversary date)

SMALL CHILD CARE CENTERS, PRESCHOOLS, SCHOOL-AGE CHILD CARE,

CHILDREN'S RESIDENT CAMPS AND NEIGHBORHOOD YOUTH

ORGANIZATIONS (5-15 CHILDREN)

JULY 1, 2020, and beyond*

Original Application

$200.00

Continuation

$200.00

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Division of Early Learning, Licensing, and Administration

(*One year from licensed anniversary date)

ear from licensed anniversary date)

SMALL CHILD CARE CENTERS, PRESCHOOLS, SCHOOL-AGE CHILD CARE,

CHILDREN'S RESIDENT CAMPS AND NEIGHBORHOOD YOUTH

ORGANIZATIONS (5-15 CHILDREN)

JULY 1, 2020, and beyond*

Original Application

$200.00

Continuation

$200.00

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Division of Early Learning, Licensing, and Administration

(*One year from licensed anniversary date)

LARGE CHILD CARE CENTERS, PRESCHOOLS, SCHOOL-AGE CHILD CARE,

CHILDREN'S RESIDENT CAMPS AND NEIGHBORHOOD YOUTH

ORGANIZATIONS (16-30 CHILDREN)

Facilities in this category will pay a base fee + a per child in capacity fee not to

exceed $1,800

JULY 1, 2020, and beyond*

Original

Application

Base $175.00+ $3.00 Per Child

Continuation

Base $175.00+ $3.00 Per Child

(*One year from licensed anniversary date)

LARGE CHILD CARE CENTERS, PRESCHOOLS, SCHOOL-AGE CHILD CARE,

CHILDREN'S RESIDENT CAMPS AND NEIGHBORHOOD YOUTH

ORGANIZATIONS (31 OR MORE CHILDREN)

Facilities in this category will pay a base fee + a per child in capacity fee not to

exceed $1,800

JULY 1, 2020, and beyond*

Original

Application

Base $300.00 + $3.00 Per Child

Continuation

Base $300.00 + $3.00 Per Child

(*One year from licensed anniversary date)

Changes Made to All License Types

July 1, 2020, and beyond

Changes to Licensed Capacity

$97.00

Changes to Physical Premises

$97.00

Duplicate Licenses

$40.00

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Division of Early Learning, Licensing, and Administration

The appropriate fee must be submitted for each appeal request submitted within

each calendar year. There will be no charge for waiver requests or emergency

appeals.

Types

July 1, 2020, and beyond

Changes to Licensed Capacity

$97.00

Changes to Physical Premises

$97.00

Duplicate Licenses

$40.00

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Division of Early Learning, Licensing, and Administration

The appropriate fee must be submitted for each appeal request submitted within

each calendar year. There will be no charge for waiver requests or emergency

appeals.

LESS THAN 24-HOUR APPEAL AND FEES (PER CALENDAR YEAR)

Initial appeal request

Free

Second appeal request

$10.00

Three or more requests

$25.00

Emergency Appeals

Free

Any eligible child care facility providing less than 24-hour care that holds a

Colorado Shines level 3-5 and an average annual enrollment of at least fifty (50)

percent of total children enrolled receiving assistance from the Colorado Child

Care Assistance Program (CCCAP) or enroll on average at least fifty (50)

percent of the county’s total CCCAP population may receive a discounted

continuation fee of up to fifty (50) percent of their respective license type. The

Colorado Shines rating and CCCAP enrollment must be verified by the

Department.

2.112 LICENSING EXEMPTIONS

A license must be obtained before care begins unless such care is exempt as set

forth below.

A license is not required for:

A special school or class in religious instruction. Religious instruction is

defined as instruction in religion as a subject of general education, or

instruction in the principles of a particular religious faith. Faith or

spiritually-based programs which offer religious instruction combined with

early childhood education, child care or child development activities as a

part of the daily routine must obtain a child care license.

A special school or class operated for a single skill-building purpose.

Single skill building includes activities or instruction in one subject area

a particular religious faith. Faith or

spiritually-based programs which offer religious instruction combined with

early childhood education, child care or child development activities as a

part of the daily routine must obtain a child care license.

A special school or class operated for a single skill-building purpose.

Single skill building includes activities or instruction in one subject area. A

single skill program includes the development of an individual skill which

does not include naptime periods or overnight care, or any other time

children are not engaged in that specific activity. Any time activities other

than the identified single skill are provided, the program is no longer

considered a single skill program and must obtain the appropriate license.

Meals and snacks may be incorporated into the single skill request.

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Division of Early Learning, Licensing, and Administration

A child care center operated in connection with a church, shopping center,

or business where children are cared for during short periods of time, not

to exceed three hours in any twenty-four (24) hour period of time, while

parents or persons in charge of such children, or employees of the church,

shopping center, or business whose children are being cared for at such

location are attending church services at such location, shopping,

patronizing or working on the premises of the business. This facility must

be operated on the premises of the church, business, or shopping center.

Only children of parents or guardians who are attending a church activity;

patronizing the business or shopping center or working at the church,

shopping center or business can be cared for in the center.

Occasional care of children with or without compensation, which means

the offering of child care infrequently and irregularly that has no apparent

pattern.

A family care home that provides less than 24-hour care. Care must only

be provided using one (1) of the options below at any one time:

hopping center or working at the church,

shopping center or business can be cared for in the center.

Occasional care of children with or without compensation, which means

the offering of child care infrequently and irregularly that has no apparent

pattern.

A family care home that provides less than 24-hour care. Care must only

be provided using one (1) of the options below at any one time:

Care of children who are directly related to the caregiver by blood,

marriage or adoption. The relationship between the caregiver and

child includes biological child(ren), step-child(ren), grandchild(ren),

niece, nephew, sibling, or first cousin and provide care for children

who are siblings from the same family household which is unrelated

to the provider; or

Care of up to four (4) children, related or unrelated to the caregiver.

No more than two (2) children under the age of two years may be

cared for at any one time.

A child care facility that is approved, certified, or licensed by any other

department or agency, or by a federal government department or agency,

which has standards for operation of the facility and inspects or monitors

the facility.

The medical care of children in nursing homes.

Guest child care facility as defined in section 26.5-5-303(10), C.R.S.

Neighborhood Youth Organizations as defined in section 26.5-5-303(17),

C.R.S.

10.

Public services short-term child care facility as defined in section 26.5-5-

303(22), C.R.S.

2.113 CIVIL PENALTIES AND INJUNCTIONS

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Division of Early Learning, Licensing, and Administration

ng homes.

Guest child care facility as defined in section 26.5-5-303(10), C.R.S.

Neighborhood Youth Organizations as defined in section 26.5-5-303(17),

C.R.S.

10.

Public services short-term child care facility as defined in section 26.5-5-

303(22), C.R.S.

2.113 CIVIL PENALTIES AND INJUNCTIONS

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Division of Early Learning, Licensing, and Administration

Violation of any provision of the Child Care Licensing Act or intentional false

statements or reports made to the Department or to any agency lawfully

delegated by the Department to make an investigation or inspection may result in

fines assessed of not more than $250 a day the first day, $500 for the second

day, and $1,000 a day for the third and subsequent days, to a maximum of

$10,000:

A civil penalty will be assessed by the Department only in conformity with

the provisions and procedures specified in Article 4 of Title 24,, C.R.S. No

civil penalty will be assessed without a hearing conducted pursuant to the

Child Care Licensing Act and Article 4 of Title 24,, C.R.S., before an

Administrative Law Judge acting on behalf of the Department.

Prior to receipt of a cease and desist order from the Department or from

any agency delegated by the Department to make an investigation or

inspection under the provision of the Child Care Licensing Act, any

unlicensed child care facility may be fined up to $250 a day for the first

day, $500 for the second day, and $1,000 a day for the third and

subsequent days, to a maximum of $10,000 for each violation of the Child

Care Licensing Act or for any statutory grounds as listed in section 26.5-5-

317(2) C.R.S.

For providing child care for which a license is required after receipt of a

cease and desist order, an unlicensed facility shall be fined up to $500, a

sentence of up to 10 days in jail, or both.

Assessment of any civil penalty under this rule section will not preclude

the Department from initiating injunctive proceedings pursuant to section

26.5-5-320, C.R.S

in section 26.5-5-

317(2) C.R.S.

For providing child care for which a license is required after receipt of a

cease and desist order, an unlicensed facility shall be fined up to $500, a

sentence of up to 10 days in jail, or both.

Assessment of any civil penalty under this rule section will not preclude

the Department from initiating injunctive proceedings pursuant to section

26.5-5-320, C.R.S.

A licensed child care facility may be fined up to $250 a day for the first

day, $500 for the second day, and $1,000 a day for the third and

subsequent days, to a maximum of $10,000 for each violation of the Child

Care Licensing Act or for any statutory grounds as listed at section 26.5-5-

317(2), C.R.S.

Assessment of any civil penalty does not preclude the Department from

also taking action to deny, suspend, revoke, make probationary, or refuse

to renew that license.

Any person intentionally making a false statement or report to the

Department or to any agency delegated by the Department to make an

investigation or inspection under the provisions of the Child Care

Licensing Act may be fined up to $250 a day for the first day, $500 for the

second day, $1,000 a day for the third and subsequent days to a

maximum of $10,000.

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Civil penalties assessed by the Department must be made payable to the

Colorado Department of Early Childhood.

In addition to civil penalties that may be assessed under rule section 2.113(A),

when an individual operates a facility after a license has been denied,

suspended, revoked, or not renewed, or before an original license has been

issued, injunctive proceedings may be initiated to enjoin the individual from

operating a child care facility without a license.

olorado Department of Early Childhood.

In addition to civil penalties that may be assessed under rule section 2.113(A),

when an individual operates a facility after a license has been denied,

suspended, revoked, or not renewed, or before an original license has been

issued, injunctive proceedings may be initiated to enjoin the individual from

operating a child care facility without a license.

Within ten (10) working days after receipt of a notice of final agency action with

regard to a negative licensing action or the imposition of a fine, or when the

Department identifies and documents in a report of inspection serious violations

of any of the standards that could impact the health, safety or welfare of a child

cared for at the facility, , each, facility, must provide the Department with the

names and mailing addresses of the parents or legal guardians of each child

cared for at the facility, so that the Department can notify the parents or legal

guardians of the negative licensing action taken or the serious violation impacting

the health, safety or welfare of a child. The facility will be responsible for paying a

fine to the Department that is equal to the direct and indirect costs associated

with the mailing of the notice.

APPEALS AND WAIVERS

2.114 OVERVIEW OF APPEALS AND WAIVERS

The Department is authorized to hear and decide three kinds of appeal or waiver

requests by applicants or licensees: hardship appeals in this rule set, also referred to as

hardship waivers, stringency appeals, and materials waiver requests, according to the

procedures set forth in this rule section.

2.115 HARDSHIP WAIVERS

Any applicant or licensee who has applied for or been issued a license to operate

a child care facility has a right to appeal, pursuant to section 26.5-5-314(5),

C.R.S., any rule or standard which, in their opinion, poses an undue hardship on

the person, facility, or community.

, and materials waiver requests, according to the

procedures set forth in this rule section.

2.115 HARDSHIP WAIVERS

Any applicant or licensee who has applied for or been issued a license to operate

a child care facility has a right to appeal, pursuant to section 26.5-5-314(5),

C.R.S., any rule or standard which, in their opinion, poses an undue hardship on

the person, facility, or community.

Undue hardship is a situation where compliance with the rule creates a

substantial, unnecessary burden on the applicant or licensee’s business

operation or the families or community it serves, which reasonable means

cannot remedy. An undue hardship does not include the normal cost of

operating the business.

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Emergency hardship appeals are requests by applicants or licensees to

excuse noncompliance with a specific child care licensing rule due to

urgent, significant, and unexpected situations outside the applicant’s or

licensee’s control. Specific situations that may be considered

“emergencies” under this paragraph include, but are not limited to:

Natural disasters;

Infectious disease outbreaks;

Mold outbreaks; or

Acts of nature or an accident resulting in structural damage to the

child care facility.

Such appeal must be submitted to the Department in writing within sixty (60)

calendar days from the date on which the rule, standard, or emergency situation

allegedly created the hardship. The applicant or licensee or their designated

representative must send an appeal on the state-prescribed form to the

appropriate division. Each rule appealed requires an individual appeal and

applicable fee. If the appeal is an emergency hardship appeal, the applicant or

licensee must mark it as such on the state-prescribed form.

, standard, or emergency situation

allegedly created the hardship. The applicant or licensee or their designated

representative must send an appeal on the state-prescribed form to the

appropriate division. Each rule appealed requires an individual appeal and

applicable fee. If the appeal is an emergency hardship appeal, the applicant or

licensee must mark it as such on the state-prescribed form.

When submitting an appeal, the applicant or licensee must consider the impact

on the health, safety, and wellbeing of any children in care and include a

proposed alternate compliance plan.

The Department must consider the impact of an appeal on the health, safety, and

wellbeing of the children in care, which must take priority over any undue

hardship alleged, when determining whether an appeal should be granted.

If the Department grants an appeal for undue hardship, it will issue the applicant

or licensee an official decision notification letter temporarily excusing the

applicant or licensee from compliance with the appealed rule or standard and

accepting the alternate compliance plan.

2.116 STRINGENCY APPEALS

Any applicant or licensee who has applied for or been issued a license to operate

a child care facility has a right to appeal, pursuant to section 26.5-5-314(5),

C.R.S., any violation of a child care licensing rule cited in a report of inspection,

on the basis that the rule has been too stringently applied by a representative of

the Department. “Stringency,” as used in this rule section 2.116, means the child

care licensing representative applied rules too strictly, improperly, or unfairly.

Disputes over the factual accuracy of a cited violation are not reviewable under

this provision and must be resolved with the licensing representative’s

supervisor.

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as used in this rule section 2.116, means the child

care licensing representative applied rules too strictly, improperly, or unfairly.

Disputes over the factual accuracy of a cited violation are not reviewable under

this provision and must be resolved with the licensing representative’s

supervisor.

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Such appeal must be submitted to the Department in writing within sixty (60)

calendar days from the date of the report of inspection at issue. The applicant or

licensee or their designated representative must send an appeal on the state-

prescribed form to the appropriate division. Each rule citation requires an

individual appeal and applicable fee.

When submitting an appeal, the applicant or licensee must provide all evidence

that it believes shows the rule was applied too stringently.

The Department must consider the impact of an appeal on the health, safety, and

wellbeing of the children in care.

If the Department finds a licensing rule was too stringently applied in the

appealed citation, it will issue the applicant or licensee a new report of inspection

with that citation removed, which shall for all purposes supersede the original

report of inspection.

2.117 MATERIALS WAIVER REQUESTS

A child care center that is applied for or has been issued a license may request a

waiver, pursuant to section 26.5-5-313, C.R.S., to use certain hazardous

materials in its program or curriculum that would otherwise violate child care

licensing rules.

The child care center must submit a materials waiver request in writing on the

state-prescribed form to the appropriate division. Each rule for which waiver is

requested requires an individual request and applicable fee. If the request also

seeks to remove a citation on a report of inspection involving the materials, it

must be submitted within sixty (60) calendar days from the date of the report of

inspection; otherwise, it may be submitted at any time.

in writing on the

state-prescribed form to the appropriate division. Each rule for which waiver is

requested requires an individual request and applicable fee. If the request also

seeks to remove a citation on a report of inspection involving the materials, it

must be submitted within sixty (60) calendar days from the date of the report of

inspection; otherwise, it may be submitted at any time.

A child care center requesting a materials waiver must adopt a safety policy,

included with the waiver request, that provides that:

Early childhood teachers are trained in the use of the specific material(s)

in a way that provides reasonable, developmental and age-appropriate

safety provisions for children;

Current training certificates are provided for each staff/classroom where

the materials waiver is being sought. Training must be completed through

nationally recognized programs related to the curriculum or philosophy, or

through other Department-approved training, curriculum, or program

validation; and,

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Parents are notified in writing regarding the use of the hazardous

materials in the child care center. The notice must include all of the

potential safety risks associated with the materials. The child care center

must obtain signed parental consent forms acknowledging awareness of

the risks in using the materials in the child care center prior to

implementing use of the identified materials and prior to any newly

enrolled children attending the center after the waiver is implemented.

The Department must consider the impact of a materials waiver request on the

health, safety, and wellbeing of the children in care.

If the Department grants a materials waiver request, it will issue the child care

center an official decision notification letter allowing the use of the requested

materials according to the provided safety policy

ding the center after the waiver is implemented.

The Department must consider the impact of a materials waiver request on the

health, safety, and wellbeing of the children in care.

If the Department grants a materials waiver request, it will issue the child care

center an official decision notification letter allowing the use of the requested

materials according to the provided safety policy. The applicant or licensee must

post the decision letter next to the child care license until the letter’s expiration

date. If there is no expiration date, the decision letter expires three (3) years from

the date of the letter. If programs want to continue the waiver after the expiration

date of three (3) years they must submit a new waiver request. The approved

waiver must be in place before using materials that pose a risk to children.

2.118 ADMINISTRATIVE REVIEW AND APPEAL PANEL PROCEDURES

The applicant or licensee must comply with all child care licensing rules and

standards, including the rule(s) subject to an appeal or materials waiver request,

until the applicant or licensee has received a written decision granting the appeal

or waiver.

The Department will receive, review, and schedule all appeals and materials

waiver requests for review by the appeals review panel constituted under section

26.5-5-314(5), C.R.S.

For hardship appeals, the Department may propose that the appeals

review panel grant one or more appeals as part of a consent agenda,

which the appeals review panel may approve with a single vote; except if

any panel member objects to the consent agenda, the appeals on such

agenda must be decided individually. The appeals review panel may not

deny appeals by consent agenda.

For emergency hardship appeals, the Department may administratively

grant the appeal if it meets the definition of an emergency situation and

the proposed alternate compliance plan adequately protects the health,

safety, and wellbeing of children in care

the consent agenda, the appeals on such

agenda must be decided individually. The appeals review panel may not

deny appeals by consent agenda.

For emergency hardship appeals, the Department may administratively

grant the appeal if it meets the definition of an emergency situation and

the proposed alternate compliance plan adequately protects the health,

safety, and wellbeing of children in care. If the Department does not

administratively grant the emergency hardship appeal, it must schedule

the appeal for review by the appeals review panel.

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For materials waiver requests, the Department will administratively grant

or deny the waiver request within sixty (60) days after receipt of the

request. If it denies a waiver, the Department must provide notice in its

decision of the child care center’s right to appeal the denial within forty-five

(45) days and the center’s right to meet with Department personnel as part

of that appeal.

If a child care center appeals the denial of a materials waiver request

within forty-five (45) days of the denial, the Department will schedule the

appeal for review by the appeals review panel within forty-five (45) days of

the appeal. The entire appeal process must not last longer than one

hundred (100) days from the date of the notice of denial.

The appeals review panel will adopt a written decision recommending that the

Department grant, deny, or grant with modifications an appeal or materials

waiver request. The Department must send an official decision letter, including

the written decision of the appeals review panel, to the applicant or licensee,

within ten (10) days from the date of the appeals review panel meeting.

For hardship appeals and materials waiver requests, the official decision

letter must be posted next to the child care license until its expiration date.

If there is no expiration date, the letter expires three (3) years from its

date.

cluding

the written decision of the appeals review panel, to the applicant or licensee,

within ten (10) days from the date of the appeals review panel meeting.

For hardship appeals and materials waiver requests, the official decision

letter must be posted next to the child care license until its expiration date.

If there is no expiration date, the letter expires three (3) years from its

date.

If the Department approves a hardship appeal or materials waiver request

and the applicant or licensee wishes to make changes to the alternate

compliance plan or safety policy submitted with the original appeal or

request, the applicant or licensee must submit a new hardship appeal or

materials waiver request.

If, after the Department approves a hardship appeal or materials waiver

request, the applicant or licensee violates the terms and conditions

described in the approved alternate compliance plan, approved safety

policy, or official decision letter, the Department’s approval will

immediately be rescinded and considered null and void. For purposes of

this provision, any injuries, accidents, or founded complaints or

investigations related to the appealed or waived licensing rule constitute a

violation.

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Hearing requests

For hardship or stringency appeals, if an applicant or licensee is aggrieved

by the decision of the Department, the applicant or licensee may request

an administrative hearing pursuant to section 24-4-105, C.R.S. Written

requests for an administrative hearing must be received in writing within

thirty (30) calendar days from the date the applicant or licensee received

the Department’s decision. In all such administrative hearings, the

applicant or licensee will bear the burden of proof by a preponderance of

the evidence.

r licensee may request

an administrative hearing pursuant to section 24-4-105, C.R.S. Written

requests for an administrative hearing must be received in writing within

thirty (30) calendar days from the date the applicant or licensee received

the Department’s decision. In all such administrative hearings, the

applicant or licensee will bear the burden of proof by a preponderance of

the evidence.

For appeals from denials of materials waiver requests, the Department’s

decision is a final agency decision subject to judicial review pursuant to

section 24-4-106, C.R.S.

CIVIL RIGHTS

2.119 CIVIL RIGHTS

All facilities licensed under the Child Care Licensing Act are subject to the following

federal laws and regulations: the non-discrimination provisions of Title VI of the Civil

Rights Act of 1964, 42 U.S.C. section 2000d et seq. (2022), and its implementing

regulation, 45 C.F.R. Part 80 (2022); Title VII of the Civil Rights Act of 1964, 42 U.S.C.

section 2000e et seq. (2022), and its implementing regulation, 29 C.F.R. Part 1606

(2022); the Age Discrimination Act of 1975, 42 U.S.C. sections 6101-6017 (2022) and

its implementing regulation, 45 C.F.R. Part 91 (2022); Section 504 of the Rehabilitation

Act of 1973, 29 U.S.C. section 794 (2022), and its implementing regulation, 45 C.F.R.

Part 84 (2022), all of which are hereby incorporated by reference. No later editions or

amendments are incorporated. These regulations are available for public inspection and

copying at the Colorado Department of Early Childhood at 710 S. Ash St., Bldg. C,

Denver, CO 80246, during regular business hours. These regulations are also available

at no cost at http://www.ecfr.gov.

All facilities licensed under the Child Care Licensing Act are also subject to Titles I

through V of the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq.

e for public inspection and

copying at the Colorado Department of Early Childhood at 710 S. Ash St., Bldg. C,

Denver, CO 80246, during regular business hours. These regulations are also available

at no cost at http://www.ecfr.gov.

All facilities licensed under the Child Care Licensing Act are also subject to Titles I

through V of the Americans with Disabilities Act, 42 U.S.C. section 12101 et seq.

(2022), and its implementing regulation, 29 C.F.R. Part 1630 (2022), which is hereby

incorporated by reference. No later editions or amendments are incorporated. These

regulations are available for public inspection and copying at The Colorado Department

of Early Childhood at 710 S. Ash St., Bldg. C, Denver, CO 80246, during regular

business hours. These regulations are also available at no cost at http://www.ecfr.gov.

Decisions related to the enrollment or dismissal of a child with a disability or chronic

condition must be in compliance with the Americans with Disabilities Act. The facility

must provide reasonable accommodations for the child with a disability who has special

needs.

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A lack of independent ambulation or the need for assistance in feeding, toileting, or

dressing or in other areas of self-care cannot be used as sole criteria for enrollment or

placement or denial of enrollment. Efforts must be made to accommodate the child's

needs and to integrate the child with their peers who do not have disabilities.

BACKGROUND CHECKS

2.120 CHILD ABUSE OR NEGLECT FOR BACKGROUND AND EMPLOYMENT

INQUIRIES

An operator of a licensed facility, guest child care facility as defined in section

26.5-5-303(10), C.R.S., or an exempt family child care home provider must

submit a request to determine if an operator, applicant for employment or current

employee has been found responsible for a confirmed report of child abuse or

neglect in the Department's automated system (Trails).

ND EMPLOYMENT

INQUIRIES

An operator of a licensed facility, guest child care facility as defined in section

26.5-5-303(10), C.R.S., or an exempt family child care home provider must

submit a request to determine if an operator, applicant for employment or current

employee has been found responsible for a confirmed report of child abuse or

neglect in the Department's automated system (Trails).

A child abuse or neglect records check is not necessary regarding out-of-state

employees of a children’s resident camp or school-age child care center for a

camp or center that is in operation for fewer than ninety (90) calendar days; out-

of-state employees operating under this exemption must be supervised at all

times by a staff member who has successfully completed all background checks.

The Trails child abuse or neglect records request must be made on the state-

prescribed form, accompanied by the required fee within the following required

time frames:

Child care centers (less than 24-hour care), school-age child care

facilities, family child care homes, and qualified exempt providers must

meet the following:

For all individuals whose activities involve the care or supervision of

children or who have unsupervised access to children, requests

must be submitted and successfully completed prior to caring for

children or allowing unsupervised access to children.

Individuals who have obtained a successfully completed CBI

or FBI record check may care for children, for no longer than

ninety (90) calendar days, while waiting for all other required

background checks to be completed. The individual must be

supervised at all times by an individual who has successfully

completed all required background checks.

For each adult eighteen (18) years of age or older, residing in a

licensed family child care home or a qualified exempt provider

home, requests must be submitted at time of application.

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Division of Early Learning, Licensing, and Administration

ust be

supervised at all times by an individual who has successfully

completed all required background checks.

For each adult eighteen (18) years of age or older, residing in a

licensed family child care home or a qualified exempt provider

home, requests must be submitted at time of application.

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Division of Early Learning, Licensing, and Administration

For each adult eighteen (18) years of age or older, who begin

residing in the home after care begins, requests must be submitted

within five (5) calendar days of when he or she begins residing in

the home, and these adults must not be allowed unsupervised

access to children in care until all background checks have been

successfully completed.

All other requests except those specified in rule section 2.120(C)(1) must

be submitted within ten (10) calendar days of the first day of employment

for each employee or facility.

The Trails child abuse and neglect records request must be made within ten (10)

calendar days of the first day of employment for each employee or facility on the

state-prescribed form, accompanied by the required fee.

The Trails child abuse and neglect records request must be accompanied by the

individual’s written authorization to obtain such information from the State

automated system, if applicable.

The Department will inform the requesting party in writing of whether the

individual has been confirmed to be a person responsible for an incident of child

abuse or neglect.

If the result of the inquiry is that the individual has been confirmed as

responsible for an incident of child abuse or neglect, the Department must

provide the requesting party with information regarding the date of the

reported incident, the type of abuse or neglect with the severity level, and

the county department that confirmed the report.

sible for an incident of child

abuse or neglect.

If the result of the inquiry is that the individual has been confirmed as

responsible for an incident of child abuse or neglect, the Department must

provide the requesting party with information regarding the date of the

reported incident, the type of abuse or neglect with the severity level, and

the county department that confirmed the report.

If the result of the inquiry is that the individual has not been confirmed to

be responsible for an incident of child abuse or neglect, the Department

must notify the requesting party of this fact.

The information provided by the Department must serve only as the basis for

further investigation. The director or operator may inform an applicant or

employee that the report from the Department’s automated system was a factor

in the director or operator's decision with regard to the applicant or employee's

employment.

Any person who willfully permits or who encourages the release of data or

information related to child abuse or neglect contained in the Department’s

automated system to persons not permitted access to such information commits

a Class 1 misdemeanor and may be punished as provided in section 18-1.3-

501(1), C.R.S.

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Division of Early Learning, Licensing, and Administration

Every five (5) years, all child abuse and neglect inquiry background checks must

be renewed by resubmitting an inquiry form and current fee to the Department for

processing. An updated clearance letter or verification of the submission of the

inquiry form must be obtained before five (5) years from the date reflected on the

current clearance letter.

The results of the abuse and neglect inquiry must be maintained at the center,

facility, or agency and must be available for review upon request by a Licensing

Specialist.

2.121 CRIMINAL RECORD CHECK

Criminal records checks are required under the following circumstances:

sion of the

inquiry form must be obtained before five (5) years from the date reflected on the

current clearance letter.

The results of the abuse and neglect inquiry must be maintained at the center,

facility, or agency and must be available for review upon request by a Licensing

Specialist.

2.121 CRIMINAL RECORD CHECK

Criminal records checks are required under the following circumstances:

In order to obtain any Colorado Bureau of Investigation (CBI) and/or

Federal Bureau of Investigation (FBI) fingerprint criminal history records,

each applicant listed below must have their fingerprints taken and

processed at a vendor approved by CBI. Approved vendors may be

located using the CBI website at Colorado.gov/cbi. Payment of the fee for

the criminal record check is the responsibility of the individual being

checked, identified as follows:

Each applicant for an original license for a center, facility, or agency

and any adult eighteen (18) years of age or older who resides in the

licensed center, facility or agency.

Each exempt family child care home provider who provides care for

a child and each individual who provides care for a child who is

related to the individual (referred collectively in this rule section as a

“qualified provider”), if the child's care is funded in whole or in part

with money received on the child's behalf from the publicly funded

Colorado Child Care Assistance Program; and, any adult eighteen

pt family child care home provider who provides care for

a child and each individual who provides care for a child who is

related to the individual (referred collectively in this rule section as a

“qualified provider”), if the child's care is funded in whole or in part

with money received on the child's behalf from the publicly funded

Colorado Child Care Assistance Program; and, any adult eighteen

(18) years of age or older who resides with a qualified provider

where the care is provided.

Each applicant for an original license for a Neighborhood Youth

Organization must comply with the criminal background check

requirements found at section 26.5-5-308, C.R.S.

The applicant must ascertain whether the person being investigated

has been convicted of felony child abuse as defined in section 18-

6-401, C.R.S., or a felony offense involving unlawful sexual

behavior as defined in section 16-22-102(9), C.R.S. The

Neighborhood Youth Organization must not hire a person as an

employee or approve a person as a volunteer after confirmation of

such a criminal history.

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Division of Early Learning, Licensing, and Administration

Only in the case of a children's resident camp or school-age child care center,

out-of-state persons employed in a temporary capacity for less than ninety (90)

days are not required to be fingerprinted to obtain a criminal record check. Each

person exempted from fingerprinting and being checked with the Department's

automated system must sign a statement which affirmatively states that she/he

has not been convicted of any charge of child abuse or neglect, unlawful sexual

offense, or any felony. Out-of-state employees operating under this exemption

must be supervised at all times by a staff member who has successfully

completed all background checks.

rom fingerprinting and being checked with the Department's

automated system must sign a statement which affirmatively states that she/he

has not been convicted of any charge of child abuse or neglect, unlawful sexual

offense, or any felony. Out-of-state employees operating under this exemption

must be supervised at all times by a staff member who has successfully

completed all background checks.

Prospective employers of such exempted persons must conduct reference

checks of the prospective employees in order to verify previous work

history and must conduct personal interviews with each such prospective

employee.

At the time the annual declaration of compliance (see rule section 2.107(B) is

submitted to the Department, except as required per this rule section 2.121(C), a

criminal record check is required only for adults living at the licensed facility who

have not previously obtained one. Because the Colorado Bureau of Investigation

(CBI) provides the Department with ongoing notification of arrests, owners,

applicants, licensees, and persons who live in the licensed facility who have

previously obtained a criminal record check, they are not required to obtain

additional criminal record checks.

Any resident of the family child care home or qualified exempt provider

home turning eighteen (18) years of age shall complete the fingerprint

process at an approved vendor fourteen (14) calendar days prior to their

18th birthday.

The fingerprint process shall be completed at an approved vendor within

five (5) calendar days of when any new resident, eighteen (18) years of

age or older, begins residing in a family child care home or qualified

exempt provider home. Adults must not be allowed unsupervised access

to children in care until all background checks have been successfully

completed.

Each owner and employee sixteen (16) years of age or older of a facility or

agency shall complete the fingerprint process at an approved vendor

esident, eighteen (18) years of

age or older, begins residing in a family child care home or qualified

exempt provider home. Adults must not be allowed unsupervised access

to children in care until all background checks have been successfully

completed.

Each owner and employee sixteen (16) years of age or older of a facility or

agency shall complete the fingerprint process at an approved vendor. Payment of

the fee for the criminal record check is the responsibility of the individual being

checked or the facility or agency. The results of the criminal record check, the

CBI and/or Federal Bureau of Investigation (FBI) response letters, must be

maintained at the home, center, facility, or agency and must be available for

review upon request by a Licensing Specialist.

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Division of Early Learning, Licensing, and Administration

When an individual leaves employment, the facility must submit to the

Department a completed Notification of Name Removal form to request

the removal of the individual's name from their facility license number in

the CBI database.

Except as required per rule section 2.121(D)(3), any adult volunteer,

working as a staff member to meet the required staff-child ratio or staff

qualifications, who works fourteen (14) days (112 hours) or more in a

calendar year shall complete the fingerprint process at an approved

vendor. The results of the criminal record check must be maintained at the

facility or agency and must be available for inspection by a Licensing

Specialist. An employee operating as a volunteer to meet required staff-

child ratio that does not have a completed background check on file must

be supervised at all times by a qualified staff member who has

successfully completed all background checks.

ndor. The results of the criminal record check must be maintained at the

facility or agency and must be available for inspection by a Licensing

Specialist. An employee operating as a volunteer to meet required staff-

child ratio that does not have a completed background check on file must

be supervised at all times by a qualified staff member who has

successfully completed all background checks.

Criminal background check requests for volunteers, whose activities

involve the care and supervision of children; or who have unsupervised

access to children, must be submitted and successfully completed prior to

caring for children or allowing the individual unsupervised access to

children in child care centers (less than 24-hour care), school-age child

care facilities, family child care homes, and qualified exempt provider

homes.

Requests for a criminal record check, other than those required per this

rule section 2.121(D)(4) must be completed at an approved vendor within

five (5) working days of the day that the individual begins to work at the

facility or agency.

Criminal background check requests must be successfully

completed prior to an individual caring for children or allowing the

individual unsupervised access to children in child care centers

(less than 24-hour care), school-age child care facilities, family child

care homes, and qualified exempt provider homes.

A National Sex Offender Registry check request must be submitted

and successfully completed prior to an individual caring for children

or allowing the individual unsupervised access to children in child

care centers (less than 24-hour care), school-age child care

facilities, family child care homes, and qualified exempt provider

homes.

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Division of Early Learning, Licensing, and Administration

request must be submitted

and successfully completed prior to an individual caring for children

or allowing the individual unsupervised access to children in child

care centers (less than 24-hour care), school-age child care

facilities, family child care homes, and qualified exempt provider

homes.

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Every five (5) years, requests for FBI criminal record checks must be

renewed by completing the fingerprint process at an approved vendor. An

updated clearance letter or verification of the submission of the request

must be obtained prior to five (5) years from the date reflected on the

current clearance letter.

Facilities and agencies that hire individuals who have been convicted of

any felony, except those listed in rule section 2.121(D)(7) below, unlawful

sexual behavior, or any misdemeanor, the underlying factual basis of

which has been found by the court on record to include an act of domestic

violence must inform the Department of that hiring within fifteen (15)

calendar days of receiving knowledge of the conviction.

A child care facility shall not employ or certify an individual who has been

convicted of:

Child abuse, as defined in section 18-6-401, C.R.S.

A crime of violence, as defined in section 18-1.3-406(2), C.R.S.

An offense involving unlawful sexual behavior, as defined in section

16-22-102(9), C.R.S.

A felony, the underlying factual basis of which has been found by

the court on the record to include an act of domestic violence, as

defined in section 18-6-800.3, C.R.S.

A felony involving physical assault, battery, or a drug-related

offense within the five years preceding the date of application for a

license or certificate.

A pattern of felony or misdemeanor convictions within the ten (10)

years immediately preceding submission of the application

und by

the court on the record to include an act of domestic violence, as

defined in section 18-6-800.3, C.R.S.

A felony involving physical assault, battery, or a drug-related

offense within the five years preceding the date of application for a

license or certificate.

A pattern of felony or misdemeanor convictions within the ten (10)

years immediately preceding submission of the application. “Pattern

of felony or misdemeanor” shall include consideration of sections

26.5-5-317 and 26.5-5-309(4), C.R.S., regarding suspension,

revocation and denial of a license, and shall be defined as:

Three (3) or more convictions of third (3rd) degree assault as

described in section 18-3-204, C.R.S., and/or any

misdemeanor, the underlying factual basis of which has

been found by any court on the record to include an act of

domestic violence as defined in section 18-6-800.3, C.R.S.;

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Five (5) misdemeanor convictions of any type, with at least

two (2) convictions of third (3rd) degree assault as described

in section 18-3-204, C.R.S., and/or any misdemeanor, the

underlying factual basis of which has been found by any

court on the record to include an act of domestic violence as

defined in section 18-6-800.3, C.R.S.; or

Seven (7) misdemeanor convictions of any type.

Any offense in any other state, the elements of which are

substantially similar to the elements listed in this rule section

2.121(D)(7).

Payment of the fee for the FBI check is the responsibility of the individual who is

obtaining the check or the facility or agency.

The Department may deny, revoke, suspend, change to probationary or fine a

child care facility if the applicant(s), an affiliate of the applicant, or any person

living with or employed by the applicant has been found to violate any of the

provisions set forth in section 26.5-5-317(2), C.R.S.

BI check is the responsibility of the individual who is

obtaining the check or the facility or agency.

The Department may deny, revoke, suspend, change to probationary or fine a

child care facility if the applicant(s), an affiliate of the applicant, or any person

living with or employed by the applicant has been found to violate any of the

provisions set forth in section 26.5-5-317(2), C.R.S.

The Department may deny an application for a child care facility license if the

applicant is a relative affiliate of a licensee, as described in section 26.5-5-

303(1.5)(d), C.R.S., of a child care facility, which is the subject of a previous

negative licensing action or is the subject of a pending investigation by the

Department that may result in a negative licensing action.

For all CBI fingerprint-based criminal history record information checks required

in this rule section 2.121, including those confirming a criminal history as well as

those confirming no criminal history, the Department will conduct a comparison

search on the State Judicial Department’s court case management system and

the sex offender registry of the Colorado Department of Public Safety. The court

case management search must be based on name, date of birth, and address, in

addition to any other available criminal history data that the Department deems

appropriate, is used to determine the type of crime(s) for which a person was

arrested or convicted and the disposition thereof. The sex offender registry

search is used to determine whether the address of a licensee or prospective

licensee is listed as belonging to a registered sex offender.

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deems

appropriate, is used to determine the type of crime(s) for which a person was

arrested or convicted and the disposition thereof. The sex offender registry

search is used to determine whether the address of a licensee or prospective

licensee is listed as belonging to a registered sex offender.

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Portability of Background Checks

Where two or more individually licensed facilities are wholly owned,

operated, and controlled by a common ownership group or school district,

a fingerprint-based criminal history records check and a check of the

records and reports of child abuse or neglect maintained by the Colorado

Department of Human Services, completed for one of the licensed

facilities of the common ownership group or school district pursuant to this

rule section for whom a criminal records check is required under section

26.5-5-316, C.R.S., may satisfy the records check requirement for any

other licensed facility under the same common ownership group or school

district. A new fingerprint-based criminal history records check or new

check of the records and reports of child abuse or neglect maintained by

the Colorado Department of Human Services is not required of such an

individual if the common ownership group or school district maintains a

central records management system for employees of all its licensed

facilities; takes action as required pursuant to section 26.5-5-309, C.R.S.,

when informed of the results of a fingerprint-based criminal history record

check or check of the records and reports of child abuse or neglect

maintained by the Colorado Department of Human Services that requires

action pursuant to the Child Care Licensing Act; and informs the

Department whenever an additional licensed facility comes under or is no

longer under its ownership or control.

C.R.S.,

when informed of the results of a fingerprint-based criminal history record

check or check of the records and reports of child abuse or neglect

maintained by the Colorado Department of Human Services that requires

action pursuant to the Child Care Licensing Act; and informs the

Department whenever an additional licensed facility comes under or is no

longer under its ownership or control.

When a licensee is inspected pursuant to the Child Care Licensing Act

and records regarding Colorado Bureau of Investigation (CBI) and/or

Federal Bureau of Investigation (FBI) fingerprint-based criminal

background checks, as well as records and reports of child abuse and

neglect maintained by the Department, and the comparison search on the

State Judicial Department’s court case management system are held at a

central records management system, the licensee must be afforded

fourteen (14) calendar days to provide to the Department documentation

necessary to verify that employees at the licensed facility have the

required records related to fingerprint-based criminal background checks.

State-based background checks

The following background check requests must be submitted and

successfully completed for each state an individual has resided in, in the

past five years, prior to an individual caring for children or allowing the

individual unsupervised access to children in child care centers (less than

24-hour care), school-age child care facilities, family child care homes,

and qualified exempt provider homes:

State criminal history check

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the

past five years, prior to an individual caring for children or allowing the

individual unsupervised access to children in child care centers (less than

24-hour care), school-age child care facilities, family child care homes,

and qualified exempt provider homes:

State criminal history check

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State sex offender registry check

State abuse and neglect registry check

ADMINISTRATION

2.122 FIRE INSPECTIONS, HEALTH INSPECTIONS, AND ZONING CODES

Prior to the original license being issued, following the renovation of the facility

that would affect the licensing of the facility and at least every two (2) years

thereafter, all child care facilities except family child care homes and

Neighborhood Youth Organizations must be inspected and obtain an approving

inspection report from the local department of health or the Colorado Department

of Public Health and Environment (CDPHE) and from the local fire department.

These reports must be maintained at the facility and be available for review upon

request by a Licensing Specialist.

Prior to the original license being issued, all child care facilities, must submit to

the Department written approval from the local zoning department approving

operation of the facility. The approval must include the address of the child care

facility and the ages and number of children to be served. The facility must also

submit written zoning department approval to the Department any time there is a

change to the license, including moving the facility to another location, increasing

the capacity, or adding different ages of children.

All child care facilities must operate in compliance with local planning and zoning

requirements of the municipality, city and county, or county where the facility is

located.

2.123 GOVERNING BODY

The governing body must be identified by its legal name on the original

application and annual continuation notice

o another location, increasing

the capacity, or adding different ages of children.

All child care facilities must operate in compliance with local planning and zoning

requirements of the municipality, city and county, or county where the facility is

located.

2.123 GOVERNING BODY

The governing body must be identified by its legal name on the original

application and annual continuation notice. The names and addresses of

individuals who hold primary financial control and officers of the governing body

must be fully disclosed to the Department.

The governing body must demonstrate to the Department, upon request, that

there is sufficient financial support to operate and maintain the facility in

accordance with all general licensing rules defined in rule section 2.104, the rules

regulating the specific type of facility, and the goals and objectives of the facility.

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2.124 REPORTS

Reporting for family child care homes, child care center, preschools, school-age

child care, children’s resident camps and Neighborhood Youth Organizations.

Within twenty-four (24) hours, excluding weekends and holidays, of the

occurrence of a critical incident at the facility or within twenty-four (24)

hours of a child’s return to the facility the licensee must report in writing to

the Colorado Department of Early Childhood, Division of Early Learning,

Licensing, and Administration the following critical incidents involving a

child in the care of the facility or a staff member on duty:

Any fatality including the death of a child, staff member or volunteer

as a result of an accident, suicide, assault, Sudden Unexpected

Infant Death or any natural cause while at the facility, or while on

authorized or unauthorized leave from the facility. This report must

be completed in the online injury system within twenty-four (24)

hours of an incident

he facility or a staff member on duty:

Any fatality including the death of a child, staff member or volunteer

as a result of an accident, suicide, assault, Sudden Unexpected

Infant Death or any natural cause while at the facility, or while on

authorized or unauthorized leave from the facility. This report must

be completed in the online injury system within twenty-four (24)

hours of an incident. If a provider is unable to access the online

system, you must use the paper form, and submit the form to the

Department within twenty-four (24) hours of the incident.

An injury to a child that requires medical attention by a health care

professional or admission to a hospital, whether or not treatment

was given. This report must be completed in the online injury

system within 24 hours of an incident. If a provider is unable to

access the online system, you must use the paper form, and submit

the form to the Department within twenty-four (24) hours of the

incident.

A child or staff member with a reportable disease, as defined by the

Colorado Department of Public Health and Environment at 6 CCR

1009-1, Appendix A (June 14, 2023), which is hereby incorporated

by reference. No later editions or amendments are incorporated.

These regulations are available for public inspection and copying at

the Colorado Department of Early Childhood at 710 S. Ash St.,

Bldg. C, Denver, CO 80246, during regular business hours. These

regulations are also available at no cost from the Colorado

Department of Public Health and Environment at 4300 Cherry

Creek Drive South, Denver, Colorado 80246 or at

https://www.coloradosos.gov/CCR/Welcome.do. This report must

be completed in the online injury system within twenty-four (24)

hours of an incident. If a provider is unable to access the online

system, you must use the paper form, and submit the form to the

Department within twenty-four (24) hours of the incident.

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oradosos.gov/CCR/Welcome.do. This report must

be completed in the online injury system within twenty-four (24)

hours of an incident. If a provider is unable to access the online

system, you must use the paper form, and submit the form to the

Department within twenty-four (24) hours of the incident.

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Any allegation of physical, sexual, or emotional abuse or neglect to

a child that results in a mandatory report to law enforcement or a

county department of human or social services agency, or the child

abuse reporting hotline as described in section 19-3-304, C.R.S.

Any fire that is responded to by a local fire department.

Any major threat to the security of a facility including, but not limited

to, a threat to kidnap a child, riots, bomb threats, hostage

situations, use of a weapon, drive by shootings, active shooter

situations, lock downs, or lock out situations.

A drug or alcohol related incident involving a staff member or a

child that requires outside medical or emergency response.

An assault which results in a report to law enforcement, as defined

by sections 18-3-201 through 18-3-204, C.R.S., by a child upon a

child; a child upon a staff member, volunteer or other adult; a staff

member, volunteer, or other adult upon a child, other staff member

or other adult.

A suicide attempt by a child at the facility which requires emergency

intervention.

Felony theft or destruction of property by a child at the facility for

which law enforcement is notified.

Any police or sheriff contact with the facility.

Any damage to the facility as a result of severe weather, fire, flood,

mold or other natural disaster, or damage to the facility by any

means that prevents the facility from normal operation.

Reports Made to the Department within Ten (10) Working Days.

struction of property by a child at the facility for

which law enforcement is notified.

Any police or sheriff contact with the facility.

Any damage to the facility as a result of severe weather, fire, flood,

mold or other natural disaster, or damage to the facility by any

means that prevents the facility from normal operation.

Reports Made to the Department within Ten (10) Working Days.

Any legal action against a facility, agency, owner, operator, or

governing body that relates to or may impact the care or placement

of children.

Change of director of facility or agency; and

Closure of the facility or agency.

Changes to a License Requiring Written Notification to the Department

and Prior Department Approval.

Proposed change in the number or age of children for whom the

facility is licensed that differs from that authorized by the license.

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Changes in the physical facility or use of rooms for child care at a

facility.

Change of name of the facility or agency.

Change of residents in the facility, not to include those residents

placed in the facility by a county department.

2.125 REPORTING OF LICENSING COMPLAINTS

Child care facilities must provide written information to parents or legal guardians

at the time of admission and staff members at the time of employment on how to

file a complaint concerning suspected licensing violations. For family child care

homes, child care centers, preschools, school age child care, children’s resident

camps, and neighborhood youth organizations, the information must include the

complete name, mailing address, and telephone number of the Colorado

Department of Early Childhood.

2.126 REPORTING AND INVESTIGATING CHILD ABUSE

on how to

file a complaint concerning suspected licensing violations. For family child care

homes, child care centers, preschools, school age child care, children’s resident

camps, and neighborhood youth organizations, the information must include the

complete name, mailing address, and telephone number of the Colorado

Department of Early Childhood.

2.126 REPORTING AND INVESTIGATING CHILD ABUSE

A child care facility must require each staff member of the facility to read and sign

a statement clearly defining child abuse and neglect pursuant to state law and

outlining the staff member’s personal responsibility to report all incidents of child

abuse or neglect according to state law.

Pursuant to section 19-3-304, C.R.S., any caregiver or staff member in a child

care facility who has reasonable cause to know or suspect that a child has been

subjected to abuse or neglect or who has observed the child being subjected to

circumstances or conditions that would reasonably result in abuse or neglect

shall immediately upon receiving such information report or cause a report to be

made of such fact to the county department of human or social services, the local

law enforcement agency, or through the child abuse hotline reporting system as

set forth in section 26-5-111, C.R.S.

At the time of admission the facility must give the child’s parent or guardian

information that explains how to report suspected child abuse or child neglect.

Investigation of Child Abuse

Staff members of the county department of human or social services or a

law enforcement agency that investigates an allegation of child abuse

must be given the right to interview staff and children in care, and to obtain

names, addresses, and telephone numbers of parents or legal guardians

of children enrolled at the child care facility.

An agency or facility must not interfere or refuse to cooperate with a child

protection investigation.

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be given the right to interview staff and children in care, and to obtain

names, addresses, and telephone numbers of parents or legal guardians

of children enrolled at the child care facility.

An agency or facility must not interfere or refuse to cooperate with a child

protection investigation.

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An agency or facility must not interview staff or children regarding the

specific allegation(s) of child abuse or child neglect until the county

department of human or social services and/or local law enforcement

agency has had the opportunity to interview all appropriate individuals and

completed their investigation.

Any report made to the law enforcement authorities or a county

department of human or social services of an allegation of abuse of any

child at the child care facility will result in the temporary suspension or

reassignment of duties of the alleged perpetrator to remove the risk of

harm to the child/children if there is reasonable cause to believe that the

life or health of the victim or other children at the facility is in imminent

danger due to continued contact between the alleged perpetrator and the

child/children at the facility. Such suspension or reassignment of duties

will remain in effect pending the outcome of the investigation by the

appropriate authorities.

2.127 POSTING LICENSING INFORMATION

At all times during the operating hours of the facility, the facility/agency must post

the current child care license in a prominent and conspicuous location easily

observable by those entering the child care facility.

At all times during the operating hours of a family child care home, child care

center, school-age child care center, or children’s resident camp, the facility must

post its most recent licensing inspection report or a notice as to where the report

may be reviewed at the facility by the parent or legal guardian of a child or their

designee.

bservable by those entering the child care facility.

At all times during the operating hours of a family child care home, child care

center, school-age child care center, or children’s resident camp, the facility must

post its most recent licensing inspection report or a notice as to where the report

may be reviewed at the facility by the parent or legal guardian of a child or their

designee.

At all times during the operating hours of a family child care home, child care

center, preschool, school-age child care center, children’s resident camp and

Neighborhood Youth Organization, the facility must post in a prominent and

conspicuous location information regarding the procedures for filing a complaint

with the Colorado Department of Early Childhood, including the telephone

number and mailing address.

All facilities, except family child care homes must post in every room of the child

care facility, excluding bedrooms and living areas, the license capacity of the

room and the staff-to-child ratio required by regulation to be maintained for the

age of children cared for in the room.

RECORDS

2.128 CONFIDENTIALITY OF RECORDS

The records concerning the licensing of facilities and agencies are open to the

public except as provided below.

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Anyone wishing to review a record must make a written request to the

Department.

The following documents are confidential and not available for review:

Information identifying children or their families;

Scholastic records, health reports, social or psychological reports. These

are available only to the person to whom the records pertain or his or her

legal guardian;

Personal references requested by the State Department; and

Reports and records received from other agencies, including police and

child protection investigation reports.

2.129 MAINTENANCE AND CONFIDENTIALITY OF CHILD RECORDS

Scholastic records, health reports, social or psychological reports. These

are available only to the person to whom the records pertain or his or her

legal guardian;

Personal references requested by the State Department; and

Reports and records received from other agencies, including police and

child protection investigation reports.

2.129 MAINTENANCE AND CONFIDENTIALITY OF CHILD RECORDS

Each licensed child care facility shall maintain records as required by the

Department pertaining to the admission, progress, health, and discharge of

children in care at the facility.

These records shall be made available to the state department upon

request.

These records shall be maintained and stored in a confidential format.

All information regarding children and their families shall be kept

confidential.

2.130 ACCESSIBILITY OF RECORDS

During hours of operation, a facility must allow access to parents and guardians

having legal custody of a child in care to those areas of the facility that are

licensed for child care.

During the hours of operation, the facility’s most recent licensing, fire department,

and health department inspection reports must be accessible to parents and

legal guardians of children in care or their designee and to parents and legal

guardians considering placing their children in care at the facility.

A facility does not violate this rule section when it restricts access by a parent,

guardian or their designee to a child during an emergency as instructed by local

authorities.

2.131 PERJURY

Application Forms for Employment with a Child Care Provider

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g their children in care at the facility.

A facility does not violate this rule section when it restricts access by a parent,

guardian or their designee to a child during an emergency as instructed by local

authorities.

2.131 PERJURY

Application Forms for Employment with a Child Care Provider

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Every application used in the State of Colorado for employment with a

child care provider or facility, must include the following notice to the

applicant: “Any applicant who knowingly or willfully makes a false

statement of any material fact or thing in the application is guilty of perjury

in the second degree as defined in section 18-8-503, C.R.S., and upon

conviction thereof, shall be punished accordingly.”

GENERAL HEALTH RULES

2.132 SMOKING AND TOBACCO PRODUCTS

Pursuant to sections 26.5-5-314(2)(e), 25-14-103.5, and 18-13-121, C.R.S., tobacco

and nicotine products are prohibited by law from use in and around licensed child care

facilities.

Smoking and tobacco product use is prohibited at all times while transporting

children on field trips and excursions.

Smoking and tobacco product use is not prohibited in family child care homes

during non-business hours.

EMERGENCY AND DISASTER PREPAREDNESS FOR CHILD CARE CENTERS,

FAMILY CHILD CARE HOMES, SCHOOL-AGE PROGRAMS, AND

CHILDREN’S RESIDENT CAMP

2.133 STAFF TRAINING

Prior to caring for children, all staff must complete a Department-approved

training in emergency and disaster preparedness: Evacuation, Shelter in Place,

Lockdown, and Active Shooter on Premises Plans for Children in Care. For

seasonal children’s resident camp programs, operating no more than 90 days per

calendar year, at least one on site director must be trained in the Department

approved training.

Each staff member of the facility must be trained in fire safety and the use of

available fire extinguishers and fire alarms

ion, Shelter in Place,

Lockdown, and Active Shooter on Premises Plans for Children in Care. For

seasonal children’s resident camp programs, operating no more than 90 days per

calendar year, at least one on site director must be trained in the Department

approved training.

Each staff member of the facility must be trained in fire safety and the use of

available fire extinguishers and fire alarms.

2.134 EVACUATION, SHELTER IN PLACE, LOCKDOWN, AND ACTIVE SHOOTER

ON PREMISES PLANS FOR CHILDREN IN CARE

All child care providers must have a written plan for: evacuating and safely

moving children to an alternate site; lockdown; shelter in place; and an active

shooter on premises. The plan must include provisions for multiple types of

hazards, such as floods, fires, tornadoes, and active shooter situations. The plan

must be updated as changes occur and reviewed annually. All employees of a

child care provider must also be annually trained on the provider’s written plan

prior to caring for children, and retrained as changes occur.

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“Lockdown drill” means a drill in which the occupants of a building are

restricted to the interior of the building and the building is secured.

“Shelter-in-place drill” means a drill in which the occupants of a building

seek shelter in the building from an external threat.

“Active shooter on premises drill” means a drill to address an individual

actively engaged in killing or attempting to kill people in a confined space

or other populated area.

2.135 REUNITING FAMILIES AFTER AN EMERGENCY OR DISASTER.

All child care providers must have a written plan for emergency notification of

parents and reunification of families following an emergency or disaster.

2.136 CHILDREN WITH DISABILITIES AND THOSE WITH ACCESS AND

FUNCTIONAL NEEDS

All child care providers must have a written plan that accounts for children with

disabilities as defined in 42 U.S.C

ITING FAMILIES AFTER AN EMERGENCY OR DISASTER.

All child care providers must have a written plan for emergency notification of

parents and reunification of families following an emergency or disaster.

2.136 CHILDREN WITH DISABILITIES AND THOSE WITH ACCESS AND

FUNCTIONAL NEEDS

All child care providers must have a written plan that accounts for children with

disabilities as defined in 42 U.S.C. Section 12102 and those with access and

functional needs as defined in the State Emergency Operations Plan (2019)

(SEOP). The State Emergency Operations Plan (SEOP) is hereby incorporated

by reference. No later editions or amendments are incorporated. The State

Emergency Operations Plan (SEOP) is available for public inspection and

copying at the Colorado Department of Early Childhood at 710 S. Ash St., Bldg.

C, Denver, CO 80246 during regular business hours. The State Emergency

Operations Plan (SEOP) is also available for no cost from the Colorado Division

of Homeland Security & Emergency Management at

https://www.colorado.gov/pacific/dhsem/state-eop. The plan must include a

specific requirement indicating how all children with special needs will be

included in the emergency plan.

2.137 CONTINUITY OF OPERATIONS AFTER A DISASTER.

All child care providers must have a written plan for continuity of operations in the

aftermath of an emergency or disaster. Components of the plan must include:

Responsibility for essential staffing needs and predetermined roles during

and after the emergency or disaster;

Procedure for backing up or retrieving staff and children’s files; and

Procedure for protecting confidential and financial records.

During an emergency or other significant, unexpected event, a child care facility

may request an emergency waiver to move to a temporary location or exceed

capacity, on a temporary basis, to accept children and families from affected

areas.

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dure for protecting confidential and financial records.

During an emergency or other significant, unexpected event, a child care facility

may request an emergency waiver to move to a temporary location or exceed

capacity, on a temporary basis, to accept children and families from affected

areas.

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2.138 FIRE, NATURAL DISASTER, AND EMERGENCY DRILLS.

Emergency drills, lockdown and active shooter on premises drills must be held at

least quarterly but often enough so that all occupants are familiar with the drill

procedure and their conduct during a drill is a matter of established routine. Fire

drills must be held monthly and be consistent with local fire department

procedures. Tornado drills must be held monthly from March to October. A

record of all emergency drills held over the past twelve (12) months must be

maintained by the facility or center, including date and time of drill, number of

adults and children participating, and the amount of time taken to evacuate.

Drills must be held at unexpected times and under varying conditions to simulate

the conditions of an actual fire or other emergency event.

Drills must emphasize orderly evacuation under proper discipline rather than

speed. No running should be permitted.

Drills must include suitable procedures for ensuring that all persons in the

building, or all persons subject to the drill, participate.

Fire alarm equipment must be used regularly in the conduct of fire exit drills.

Hand bells or other alarm emanating devices may be used in lieu of fire alarm

equipment if use of fire alarm equipment is not feasible including, but not limited

to, facilities operating in buildings where multiple unrelated tenants share a

common fire alarm system.

r all persons subject to the drill, participate.

Fire alarm equipment must be used regularly in the conduct of fire exit drills.

Hand bells or other alarm emanating devices may be used in lieu of fire alarm

equipment if use of fire alarm equipment is not feasible including, but not limited

to, facilities operating in buildings where multiple unrelated tenants share a

common fire alarm system.

If appropriate to the location of the facility, forest fire, and/or flood drills must be

held often enough that all occupants are familiar with the drill procedure and their

conduct during a drill is a matter of established routine. A record of drills held

over the past twelve (12) months must be maintained by the facility.

For children’s resident camps and school-age day camps, at least one fire drill

must be held within twenty-four (24) hours of the commencement of each camp

session. The dates of the fire drills must be recorded in the camp office.

There must be a carbon monoxide detector installed in the area of the child care

facility as recommended by the manufacturer and in the area where children

sleep.

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2.200 RULES REGULATING CHILD CARE CENTERS THAT PROVIDE LESS THAN

24-HOUR CARE

2.201 AUTHORITY

These rules and regulations are adopted pursuant to the rulemaking authority provided

in section 26.5-1-105(1), C.R.S., and are intended to be consistent with the

requirements of the State Administrative Procedures Act, sections 24-4-101 through 24-

4-204 (the “APA”), C.R.S., the Anna Jo Garcia Haynes Early Childhood Act, sections

26.5-1-101 through 26.5-1-103 (the “Early Childhood Act”), C.R.S., the Child Care

Licensing Act, sections 26.5-5-301 through 26.5-5-329, C.R.S.; and the Child Care

Development and Block Grant Act of 2014, and 42 U.S.C. sec. 9858e,.

The specific rulemaking authorities granted for child care centers include sections 26.5-

5-303(3), 26.5-5-313, and 26.5-5-314(1) and (2), C.R.S

Childhood Act, sections

26.5-1-101 through 26.5-1-103 (the “Early Childhood Act”), C.R.S., the Child Care

Licensing Act, sections 26.5-5-301 through 26.5-5-329, C.R.S.; and the Child Care

Development and Block Grant Act of 2014, and 42 U.S.C. sec. 9858e,.

The specific rulemaking authorities granted for child care centers include sections 26.5-

5-303(3), 26.5-5-313, and 26.5-5-314(1) and (2), C.R.S.

2.202 SCOPE AND PURPOSE

The Colorado Department of Early Childhood, Division of Early Learning, Licensing, and

Administration is responsible for the administration of health and safety rules and

requirements for licensed child care facilities caring for five (5) or more children with or

without compensation. These rules and regulations shall govern the processes and

procedures to become a licensed child care center program in Colorado. All child care

centers must comply with the “General Rules for Child Care Facilities” in rule section

2.100; “Rules Regulating Child Care Centers that Provide Less than 24-hour Care” in

rule section 2.200; and “Rules Regulating Special Activities” in rule section 2.600.

Drop-in, part day, mobile preschool, teen parent, and child care programs and

preschools operated by public school districts must be in compliance with all rules found

in this rule section. Additional rules or substitutions to rules can be found under rule

sections 2.239, 2.240, 2.241, 2.242, and 2.243.

2.203 APPLICABILITY

The provisions of these rules and regulations shall be applicable to licensed child care

centers caring for five (5) or more children with or without compensation.

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Additional rules or substitutions to rules can be found under rule

sections 2.239, 2.240, 2.241, 2.242, and 2.243.

2.203 APPLICABILITY

The provisions of these rules and regulations shall be applicable to licensed child care

centers caring for five (5) or more children with or without compensation.

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HARDSHIP WAIVERS

Any applicant or licensee who has applied for or been issued a license to operate a

childcare facility has a right to appeal, pursuant to section 26.5-5-314(5), C.R.S., any

rule or standard which, in their opinion, poses an undue hardship on the person, facility,

or community. An “undue hardship” is defined as a situation where compliance with the

rule creates a substantial, unnecessary burden on the applicant or licensee’s business

operation or the families or community it serves, which reasonable means cannot

remedy. An undue hardship does not include the normal cost of operating the business.

2.204 DEFINITIONS

“Air Quality Index Advisory Unhealthy for Sensitive Groups” means an Air Quality

Index value of 101 to 150. People with asthma, children, and older adults are the

groups most at risk as defined and explained by the Environmental Protection

Agency (EPA) at: https://www.airnow.gov/sites/default/files/2018-

04/aqi_brochure_02_14_0.pdf (Feb. 2014), herein incorporated by reference. No

later editions or amendments are incorporated. These resources are available at

no cost from the Environmental Protection Agency (EPA) at:

https://www.airnow.gov/aqi/aqi-basics/. These resources are also available for

public inspection and copying at the Colorado Department of Early Childhood,

710 S. Ash St., Denver, CO 80246, during regular business hours.

Child care centers that provide less than twenty-four (24)-hour care (referred to

as “centers”) provide comprehensive care for children when the parents or

guardians are employed or otherwise unavailable to care for the children

ces are also available for

public inspection and copying at the Colorado Department of Early Childhood,

710 S. Ash St., Denver, CO 80246, during regular business hours.

Child care centers that provide less than twenty-four (24)-hour care (referred to

as “centers”) provide comprehensive care for children when the parents or

guardians are employed or otherwise unavailable to care for the children. Child

care centers may operate twenty-four (24) hours a day, but the children are

cared for at the center fewer than twenty-four (24) hours a day.

Centers that provide less than twenty-four (24)-hour programs of care include the

following types of facilities:

A “large child care center” provides care for sixteen (16) or more children

between the ages six (6) weeks and eighteen (18) years.

A “small child care center” provides care for up to fifteen (15) children

between the ages of six (6) weeks and eighteen (18) years.

An “infant program” provides care for children between the ages of six (6)

weeks and eighteen (18) months.

A “toddler program” provides care for children between the ages of twelve

(12) months (when walking independently or with a health care provider’s

statement indicating developmental appropriateness of placement in a

toddler program) and thirty-six (36) months.

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A “preschool” is a child care program for five (5) or more children between

the ages of two and one-half (2 1/2) and seven (7) years.

A “mobile part-day preschool program” is an early childhood education

program with a mobile classroom that uses no permanent building on a

regular basis, for children three (3) to seven (7) years of age, with no more

than (8) eight children at any given time. Each class session must not

exceed five (5) hours, and children may not attend more than one session

in a single twenty-four (24)-hour day

A “mobile part-day preschool program” is an early childhood education

program with a mobile classroom that uses no permanent building on a

regular basis, for children three (3) to seven (7) years of age, with no more

than (8) eight children at any given time. Each class session must not

exceed five (5) hours, and children may not attend more than one session

in a single twenty-four (24)-hour day. A mobile preschool may operate in

multiple locations and may not be used as a building-based program. A

mobile preschool may be, but is not limited to, a bus, RV, or trailer. A

mobile preschool is converted into child-friendly learning spaces with age-

appropriate furniture and educational materials.

Outdoor Nature-Based Preschool Programs as described in rule

subsection 2.204(I) of these rules.

A “kindergarten program” provides a program for children the year before

they enter the first grade. Only private kindergarten programs not

regulated by the Colorado Department of Education are required to be

licensed.

A “full day program” enrolls children for five (5) or more hours per twenty-

four (24)-hour day.

10.

A “part-day program” enrolls children for a maximum of up to five (5) hours

per twenty-four (24)-hour day. Individual children shall not attend more

than one (1), five (5) hour sessions per twenty-four (24)-hour day.

11.

A “drop-in child care center” provides occasional care for forty (40) or

fewer children between the ages of twelve (12) months and thirteen (13)

years of age for short periods of time not to exceed six (6) hours in any

twenty-four (24) hour period of time or fifteen (15) hours in any seven (7)

day period of time.

12.

A “teen parent program” provides care for children fourteen (14) days old

to thirty-six (36) months and is operated by an accredited public school

system on school premises. Infants between seven (7) and thirteen (13)

days old may be accepted for care with written approval from a health

care provider.

ty-four (24) hour period of time or fifteen (15) hours in any seven (7)

day period of time.

12.

A “teen parent program” provides care for children fourteen (14) days old

to thirty-six (36) months and is operated by an accredited public school

system on school premises. Infants between seven (7) and thirteen (13)

days old may be accepted for care with written approval from a health

care provider.

“Easily accessible” means something is simple to reach, obtain, or use without

significant difficulty, effort or barriers.

“Emergency” means a sudden, urgent, serious, unexpected, or dangerous

situation requiring immediate action.

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Field trip’ means a trip for children to gain firsthand knowledge away from the

classroom and offered to enhance or supplement the educational experience of

children. Field trips include events or activities where children leave the center for

the purposes of curriculum-related study (part of the classroom experience), or

outdoor education. These trips range from a few hours during the day to a full

day periodically throughout the year. Field trips are not intended to replace a

regular classroom experience.

“Hazard” means a source of harm that is not obvious to the child, such that the

potential for injury is hidden; or a source of harm that is greater than a child can

manage to avoid.

“Inclined infant sleeping surface and devices” means a device or product that

elevates the upper body of the infant during sleeping.

“Outdoor Nature-Based Preschool Program” or “ONB” has the same meaning as

set forth in section 26.5-5-303(18.5), C.R.S.

Full-day outdoor nature-based preschool programs operate outdoors in an

area that is allocated to the ONB for regular daily use from sunrise to

sunset. Programs may also offer up to two (2) part-day sessions per day,

but a child may only attend one (1) part-day session per day

“Outdoor Nature-Based Preschool Program” or “ONB” has the same meaning as

set forth in section 26.5-5-303(18.5), C.R.S.

Full-day outdoor nature-based preschool programs operate outdoors in an

area that is allocated to the ONB for regular daily use from sunrise to

sunset. Programs may also offer up to two (2) part-day sessions per day,

but a child may only attend one (1) part-day session per day. A child may

be enrolled in either a part-day or a full-day session. No permanent indoor

building or classroom is required. If permanent indoor space is

unavailable, the program must have access to an approved alternative

shelter and emergency place of refuge for use during emergencies.

Hybrid outdoor nature-based preschool programs operate in an outdoor

area that is allocated to the hybrid ONB for regular use in a building that

meets all of the child care center building-based requirements (permanent

outdoor building space) and is within a half mile (1/2 mile) but no more

than a twenty (20) minute walk from the licensed outdoor space.

Hybrid ONBs may use a mobile unit described in rule section 2.241

for its permanent indoor building space.

Hybrid ONBs may partner with a licensed child care center located

within a half mile (1/2 mile) but no more than a twenty (20) minute

walk from the approved outdoor space for its permanent indoor

building space if there is enough square footage in the licensed

child care center to allow for the independent operation of the ONB.

The two (2) programs must remain separate without mixing children

at any time. The space utilized by each program must meet all

indoor child care center requirements.

“Restraint” means any method or device used to involuntarily limit freedom of

movement including, but not limited to, bodily physical force, mechanical devices,

or chemicals.

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hout mixing children

at any time. The space utilized by each program must meet all

indoor child care center requirements.

“Restraint” means any method or device used to involuntarily limit freedom of

movement including, but not limited to, bodily physical force, mechanical devices,

or chemicals.

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“Staff” and all references to staff or staff positions include paid staff, equally

qualified volunteers, and substitutes under rule sections 2.212-2.245.

“Verified experience” means a written letter that must contain the center’s

address, phone number, and license number; the employee’s start date and end

date; and the total number of hours worked with children. Hours worked with

infants and toddlers must be documented separately from hours worked with

other age groups. Applicable experience includes being a licensee of a Colorado

family child care home, or a teacher’s aide or teacher in a child care center,

preschool, or elementary school The letter must be signed by a director, owner,

or human resources agent of the center or governing body.

2.205 ADMINISTRATION

Child care centers shall adhere to the requirements of this rule section and the

“Administration” sections in rule sections 2.122-2.127, of the “General Rules for Child

Care Facilities.”

The governing body must appoint a director who will be responsible to the

governing body and who will be delegated the authority and responsibility for the

operation of the center according to its defined purpose and policies.

The governing body must formulate the purpose and policies to be followed by

the center. It must have a regular planned review of such purpose and policies to

determine that the center is in compliance with licensing rules.

responsible to the

governing body and who will be delegated the authority and responsibility for the

operation of the center according to its defined purpose and policies.

The governing body must formulate the purpose and policies to be followed by

the center. It must have a regular planned review of such purpose and policies to

determine that the center is in compliance with licensing rules.

The governing body is responsible for providing necessary facilities, adequate

financing, qualified personnel, services, and program functions for the safety and

well-being of children in accordance with these rules.

Any center having a director assigned to a classroom must have qualified and

adequate staff, allowing the director or qualified staff the ability to attend to the

duties of a director as they arise.

The director of the center is responsible for administering the center in

accordance with licensing rules. The director must plan and supervise the child

development program, plan for or participate in selection of staff, plan for

orientation and staff development, supervise and coordinate staff activities,

evaluate staff performance, and participate in the program activities.

Licensed child care centers enrolling children five (5) years of age or younger are

required to participate in Colorado Shines, the state quality rating and

improvement system.

POLICIES AND PROCEDURES

2.206 STATEMENT OF POLICIES AND PROCEDURES

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formance, and participate in the program activities.

Licensed child care centers enrolling children five (5) years of age or younger are

required to participate in Colorado Shines, the state quality rating and

improvement system.

POLICIES AND PROCEDURES

2.206 STATEMENT OF POLICIES AND PROCEDURES

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At the time of enrollment, and upon amendments to policies and procedures, the

center must give the parent(s)/guardian(s) the center’s policies and procedures

and provide the opportunity to ask questions. Written copies must be available

either electronically or in hard copy. The center must obtain a signed document

stating that the parent(s)/guardian(s) have received the policies and procedures,

and by signing the policies and procedures document, the parent(s)/guardian(s)

agree to follow, accept the conditions of, and give authorization and approval for

the activities described in the policies and procedures.

The written policies and procedures must be developed, implemented, and

followed, and must include at a minimum the following information:

The center's purpose and its philosophy on child care;

The ages of children accepted;

The hours the center is open, specific hours during which special

programs are offered, and holidays when the center is closed;

The procedure regarding inclement and excessively hot weather;

The procedure concerning admission and registration of children including

whether non-immunized or under immunized children are enrolled in the

program;

An itemized fee schedule;

The procedure for identifying where children are at all times including

times of transition;

The center’s procedure on positive guidance, behavior expectations,

positive instruction, supporting positive behaviors, as well as strategies

and techniques for supporting children with challenging behaviors,

including how the center will:

are enrolled in the

program;

An itemized fee schedule;

The procedure for identifying where children are at all times including

times of transition;

The center’s procedure on positive guidance, behavior expectations,

positive instruction, supporting positive behaviors, as well as strategies

and techniques for supporting children with challenging behaviors,

including how the center will:

Promote responsive and positive child, staff, and family

relationships and interactions;

Create and maintain a program-wide culture that promotes

children’s mental health, social, and emotional well-being;

Implement teaching strategies supporting positive behavior, pro-

social peer interaction, and overall social and emotional

competence in young children;

Provide individualized social and emotional intervention supports

for children who need them, including methods for understanding

child behavior; and developing, adopting, and implementing a

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team-based positive behavior support plan with the intent to reduce

challenging behavior and prevent suspensions and expulsions; and

Identify and consult with an early childhood mental health

consultant, as defined in section 26.5-3-701, C.R.S., or other

specialist as needed.

How decisions are made and what steps are taken prior to the

suspension, expulsion, or request to parents or guardians to withdraw a

child from care due to concerns about the child’s behavioral issues. These

procedures must be consistent with the center’s policy on guidance and

positive instruction, and include documentation of the steps taken to

understand and respond to challenging behavior including:

10.

The procedure, including notification of parent(s)/guardian(s), for handling

children's illnesses, accidents, and injuries;

d from care due to concerns about the child’s behavioral issues. These

procedures must be consistent with the center’s policy on guidance and

positive instruction, and include documentation of the steps taken to

understand and respond to challenging behavior including:

10.

The procedure, including notification of parent(s)/guardian(s), for handling

children's illnesses, accidents, and injuries;

11.

The procedures for emergencies and disaster preparedness such as but

not limited to tornadoes, fires, shelter in place, lockdown, active shooter

on premises, reunification with families after emergency or disaster, and

evacuating children with disabilities as specified in rule section 2.136, of

the “General Rules for Child Care Facilities”;

12.

The procedure for transporting children, if applicable, including

transportation arrangements and parental permission for excursions and

related activities;

13.

The procedure for governing field trips, television and video viewing, and

special activities, including staff responsibility for the supervision of

children;

14.

Media and internet usage policy outlining screen and media use related to

the program’s curriculum. The media plan must have information on

ongoing communication with children over the age of five (5) about online

safe practices for children;

15.

The procedure on children's safety related to riding in a vehicle, seating,

supervision, and emergency procedures on the road;

16.

The procedure for releasing children from the center only to persons for

whom the center has written authorization and the procedure for picking-

up the child during an emergency;

17.

The procedures followed when a child is picked up from the center after

the center closes for the day or not picked up at all, and to ensure that all

children are picked up before the staff leave for the day;

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written authorization and the procedure for picking-

up the child during an emergency;

17.

The procedures followed when a child is picked up from the center after

the center closes for the day or not picked up at all, and to ensure that all

children are picked up before the staff leave for the day;

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18.

The procedure for caring for children who arrive late to the center and their

class/group is away from the center on a field trip or excursion;

19.

The procedure for storing and administering children's medication and

delegation of medication administration in compliance with sections 12-

255-101 through 12-255-136, C.R.S., of the “Nurse and Nurse Aide

Practice Act”;

20.

The procedure concerning children's personal belongings and money;

21.

The procedure regarding meals, snacks, and parental notification of

menus, and how children with food allergies or special diets are

accommodated;

22.

The procedure for diapering, toilet training, and toileting;

23.

The procedure for allowing visitors to the center;

24.

The procedure for conducting parent and staff conferences to partner with

the parents(s)/guardian(s) to discuss the child's progress, social,

emotional, and physical needs;

25.

The procedure for filing a complaint about child care, including the name,

address and telephone number of the Colorado Department of Early

Childhood (see rule section 2.125 of the General Rules for Child Care

Facilities);

26.

The procedure for reporting of child abuse, including the name of the

county department of social/ human services and phone number of where

a child abuse report should be made (see rule section 2.126, of the

General Rules for Child Care Facilities);

27.

The procedure of the protection of infants from secondhand and thirdhand

smoke;

28.

The procedure for establishing safe sleep environments for infants

including how staff will supervise and physically check on infants who are

sleeping;

ocial/ human services and phone number of where

a child abuse report should be made (see rule section 2.126, of the

General Rules for Child Care Facilities);

27.

The procedure of the protection of infants from secondhand and thirdhand

smoke;

28.

The procedure for establishing safe sleep environments for infants

including how staff will supervise and physically check on infants who are

sleeping;

29.

The procedure for dressing children appropriately for the weather;

30.

Notification when child care service is withdrawn and when

parent(s)/guardian(s) withdraw their children from the center;

31.

The procedure for any child who has been separated from the group

outside of the supervision of their assigned staff member or for whom the

local authorities have been contacted;

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32.

The procedure for regularly identifying on a routine basis recalled toys,

equipment, furnishings, and food; and developing a plan to remove the

recalled items.

Policies and procedures must be reviewed and updated annually. Any updated

changes must be communicated to the parent(s)/guardian(s).

2.207 COMMUNICATION, EMERGENCY, AND SECURITY PROCEDURES

For security purposes, a sign-in/sign-out sheet or other mechanism for

parents/guardians, or staff if children are being transported, must be maintained

daily by the center. It must include, for each child in care, the date, the child's

name, the time when the child arrived at and left the center, and the parent

/guardian or staff member's signature or other unique identifier. For children who

are transported, parent(s)/guardian(s) must verify the accuracy of the sign-

in/sign-out sheet at least weekly.

The center must have a working, unblocked telephone that has the capacity to

receive all incoming and reverse 911 calls, and record messages during child

care hours.

The telephone must be on the premises and must be available to staff at

all times that the center is in operation.

are transported, parent(s)/guardian(s) must verify the accuracy of the sign-

in/sign-out sheet at least weekly.

The center must have a working, unblocked telephone that has the capacity to

receive all incoming and reverse 911 calls, and record messages during child

care hours.

The telephone must be on the premises and must be available to staff at

all times that the center is in operation.

The telephone number must be made available to each parent and the

Department.

The telephone and alternative emergency telephone numbers for

parent(s) or guardian(s) and other authorized emergency contacts of each

child in care must be accessible in one (1) designated place.

The following emergency telephone numbers must be posted in a

prominent and conspicuous location easily observable to those caring for

children: near the telephone in the designated place:

911 or the alternate emergency number for local fire or police;

Name and phone number of at least one (1) designated emergency

substitute for the provider;

Name and physical address of the child care center;

Nearest hospital or emergency medical clinic;

Local health department;

Rocky Mountain Poison Center number at 1-800-222-1222; and

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Location of children’s personal emergency numbers.

If 911 is not available, the center must have a plan for accessing

emergency transportation at all times.

The center must notify parent(s) or guardian(s) when emergencies, minor

accidents, injuries, or illnesses occur.

The center must be able to provide emergency transportation to a health care

facility at all times.

The director of the center, or the director's delegated substitute, must have a

means for determining at all times who is present at the center.

cy transportation at all times.

The center must notify parent(s) or guardian(s) when emergencies, minor

accidents, injuries, or illnesses occur.

The center must be able to provide emergency transportation to a health care

facility at all times.

The director of the center, or the director's delegated substitute, must have a

means for determining at all times who is present at the center.

A written policy regarding visitors to the center must be posted and a record

maintained daily by the center that includes at a minimum the date, time, visitor's

name, and the purpose of the visit. At least one (1) piece of identification must be

inspected for individuals who are unknown to personnel at the center.

The center must release a child only to an individual over the age of sixteen (16)

for whom written authorization has been given by the parent(s)/guardian(s) and is

maintained in the child's record (see rule section 2.208). In an emergency, the

child may be released to an individual twelve (12) years of age or older for whom

the child's parent/guardian has given verbal authorization. If the staff member

who releases the child does not know the individual, a picture identification must

be required to ensure that the individual is authorized to pick up the child.

The center must have a procedure for dealing with individuals not authorized by

the parent or guardian of a child who attempts to have the child released to them.

The center must have a written procedure for closing the center at the end of the

day to ensure that all children are picked up.

RECORDS AND REPORTS

2.208 ADMINISTRATIVE RECORDS AND REPORTS

The following records must be on file at the center:

Records of enrollment, daily attendance for each child, and daily record of

the time the child arrives at and departs from the center;

A list of current staff members, substitutes, and staffing patterns;

Copies of menus; and

A record of visitors to the center.

picked up.

RECORDS AND REPORTS

2.208 ADMINISTRATIVE RECORDS AND REPORTS

The following records must be on file at the center:

Records of enrollment, daily attendance for each child, and daily record of

the time the child arrives at and departs from the center;

A list of current staff members, substitutes, and staffing patterns;

Copies of menus; and

A record of visitors to the center.

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The center must submit to the Department as soon as possible, but not longer

than twenty-four (24) hours, a written report about any child who has been

separated from the group outside of the supervision of their assigned staff

member or for whom the local authorities have been contacted. Such report must

indicate:

The name, birth date, address, and telephone number of the child;

The names of the parent(s)/guardian(s) and their address and telephone

number if different from those of the child;

The date when the child was lost;

The location, time, and circumstances when the child was separated from

the group outside of their assigned staff member;

All actions taken to locate the child, including whether local authorities

were notified; and

The name of the staff person supervising the child.

All programs must register their operational status information in the

Department’s provider status portal every calendar year in the months of April

and October.

All programs must update their information any time their operational

status changes during a declared state emergency.

All prospective and current staff members in the following roles must register with

the Colorado Shines Professional Development Information System (PDIS):

Large Center Director;

Large Center Assistant Director;

Small Center Director;

Early Childhood Teacher;

Infant Program Supervisor;

Infant Early Childhood Teacher;

Toddler Early Childhood Teacher;

Kindergarten Teacher;

All prospective and current staff members in the following roles must register with

the Colorado Shines Professional Development Information System (PDIS):

Large Center Director;

Large Center Assistant Director;

Small Center Director;

Early Childhood Teacher;

Infant Program Supervisor;

Infant Early Childhood Teacher;

Toddler Early Childhood Teacher;

Kindergarten Teacher;

Assistant Early Childhood Teacher; and

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10.

Staff Aide.

2.209 CHILDREN’S RECORDS

An admission record must be completed for each child prior to or at the time of

the child's admission. This record must be updated annually and when changes

occur. The admission record must include:

The child's full name, birth date, current address, and date of enrollment;

Parent(s)/guardian(s) names; home and e-mail addresses; telephone

numbers, including home, work, and cell numbers; employer name and

work address; and, any special instructions as to how the

parent(s)/guardian(s) may be reached during the hours that the child is in

care at the center;

Names, addresses, and telephone numbers of persons authorized to pick

up the child from the center;

Names, addresses, and telephone numbers of persons who can assume

responsibility for the child in the event of an emergency if the

parent(s)/guardian(s) cannot be reached immediately;

Name, address, and telephone numbers of the child's health care

provider, dentist, and if applicable, their hospital of choice;

A health history, including any health care plans, which indicates

communicable diseases and chronic illnesses or injuries the individual has

had, any known drug reactions and allergies, medications being taken,

any necessary health procedures or special diets, and immunization

record;

A dated, written authorization for emergency medical care signed and

updated annually by the parent(s)/guardian(s)

alth history, including any health care plans, which indicates

communicable diseases and chronic illnesses or injuries the individual has

had, any known drug reactions and allergies, medications being taken,

any necessary health procedures or special diets, and immunization

record;

A dated, written authorization for emergency medical care signed and

updated annually by the parent(s)/guardian(s). The authorization must be

notarized if required by the local hospital, clinic, or emergency health care

facility;

Written authorization, obtained in advance of the event from a

parent/guardian, for a child to participate in field trips or special activities,

whether scheduled or unscheduled, whether walking or riding in an

approved vehicle; and

Written authorization from a parent/guardian for media release.

The center must maintain and update annually and upon changes, a record on

each child that includes:

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A written record of any accident, illness, or injury requiring medical

attention occurring during care must be retained in each child's record,

with a copy provided to the parent(s)/guardian(s).

Observations of the child’s development to document the child’s progress

and challenges to be discussed at parent conferences;

A record of parent conferences, including dates of conferences, and

names of center staff and parent(s)/guardian(s) involved; and

A copy of the child’s health statement completed by a health care

provider.

2.210 STAFF RECORDS

A record must be maintained, either written or electronic, for each staff member

that includes the following:

Name, address, telephone number, and birth date of the individual;

Verification of qualifications and training;

Immunization record or statement, and health history;

Dates of hire and employment history;

Names, addresses, and telephone numbers of persons to be notified in

the event of an emergency; and,

ther written or electronic, for each staff member

that includes the following:

Name, address, telephone number, and birth date of the individual;

Verification of qualifications and training;

Immunization record or statement, and health history;

Dates of hire and employment history;

Names, addresses, and telephone numbers of persons to be notified in

the event of an emergency; and,

All information from background checks as required in the “General Rules

for Child Care Facilities” rule sections 2.120 and 2.121.

2.211 CONFIDENTIALITY AND RETENTION

The confidentiality of all staff and children's records must be maintained. See rule

section 2.128, of the “General Rules for Child Care Facilities.”

Staff and children's records must be available, upon request, to authorized

personnel of the Department.

If records for organizations having more than one (1) center are kept in a central

file, duplicate identifying and emergency information for both staff and children

must also be kept on file at the center attended by the child and where the staff

member is assigned.

The records of children and staff must be maintained by the center for at least

three (3) years after the last date of attendance or employment with the program.

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The health and mental health consultation records must be maintained by the

center for at least three (3) years from the date of consultation.

Records of enrollment, daily attendance for each child and daily records of the

time the child arrives at and departs from the center for the past twelve (12)

months must be on file at the center. The previous two (2) years must be on file

at either the center or a central location or storage.

Posting of any personal information or photos of children on social media or

advertisement without written parental consent is prohibited.

STAFF

2.212 GENERAL REQUIREMENTS FOR ALL STAFF

the child arrives at and departs from the center for the past twelve (12)

months must be on file at the center. The previous two (2) years must be on file

at either the center or a central location or storage.

Posting of any personal information or photos of children on social media or

advertisement without written parental consent is prohibited.

STAFF

2.212 GENERAL REQUIREMENTS FOR ALL STAFF

All staff at the center must demonstrate knowledgeable decision-making,

judgment, and concern for the proper care and well-being of children.

Staff must not consume or be under the influence of any substance that impairs

their ability to care for children.

Illegal drugs and drug paraphernalia, must never be present on the premises of

the center.

Staff must not use cannabis and cannabis infused products, tobacco products of

any kind, or alcohol in the presence of children. To prevent exposure to

secondhand smoke, child care centers must prohibit the use of tobacco and

cannabis products on all center property, both indoors and outdoors. All cannabis

and cannabis infused products, vaping and tobacco products, and alcohol must

be kept inaccessible to children at all times.

When caring for children, staff must refrain from the personal use of electronics

including, but not limited to, cell phones and portable electronic devices.

Staff members must be current for all immunizations required by their employer,

unless the staff member has a medical condition preventing immunizations.

All staff members must submit to the center a medical statement, signed and

dated by a physician or other health care provider, verifying that they are in good

mental, physical, and emotional health appropriate for the position for which they

have been hired. This statement must be dated no more than six (6) months prior

to employment or within thirty (30) calendar days after the first date of

employment. Subsequent self-reported health histories must be submitted

annually.

d by a physician or other health care provider, verifying that they are in good

mental, physical, and emotional health appropriate for the position for which they

have been hired. This statement must be dated no more than six (6) months prior

to employment or within thirty (30) calendar days after the first date of

employment. Subsequent self-reported health histories must be submitted

annually.

The duties and responsibilities of each staff position and the lines of authority

and responsibility within the center must be in writing.

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Division of Early Learning, Licensing, and Administration

At the time of employment, staff members must be informed of their duties and

assigned a supervisor.

Prior to working with children, each staff member must read and be instructed

about all policies and procedures of the center. Staff members must sign a

statement indicating that they have read and understand the center's policies and

procedures.

Within thirty (30) calendar days of employment at the center, each staff member

must read and be trained, and have the opportunity to ask questions about all

licensing rules governing child care centers. Staff members must sign a

statement indicating that they have read and understand the licensing rules.

If volunteers are used by the center, there must be a clearly established policy

regarding their function, orientation, and supervision. Also see rule section 2.216.

Within thirty (30) calendar days of the last day of employment, staff members

must be provided a letter verifying their experience at the center. The letter must

contain the center’s address, phone number, and license number; the

employee’s start date and end date; and the total number of hours worked with

children. Hours worked with infants and toddlers must be documented separately

from hours worked with other age groups. The letter must be signed by a

director, owner, or human resources agent of the center or governing body.

he center. The letter must

contain the center’s address, phone number, and license number; the

employee’s start date and end date; and the total number of hours worked with

children. Hours worked with infants and toddlers must be documented separately

from hours worked with other age groups. The letter must be signed by a

director, owner, or human resources agent of the center or governing body.

Prior to working with children, each staff member must read and be trained on

the center’s policies and procedures for the administration of medications. Staff

members must sign a statement indicating that they have read and have been

trained on the center's administration of medications policies and procedures.

2.213 TRAINING

All staff must complete a Pre-Service Building and Physical Premises Safety

training prior to working with children. The training must include identification of

and protection from hazards that can cause bodily injury such as electrical

hazards, bodies of water, vehicular traffic handling and storage of hazardous

materials and the appropriate disposal of biological contaminants.

This training is developed and facilitated by the program for staff to identify

program specific environmental hazards. Staff must be retrained if there

are changes to the building and physical premises.

All staff must complete a Department-approved Standard Precautions training

prior to working with children. This training must be renewed annually and will be

counted towards ongoing professional development.

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8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

ds. Staff must be retrained if there

are changes to the building and physical premises.

All staff must complete a Department-approved Standard Precautions training

prior to working with children. This training must be renewed annually and will be

counted towards ongoing professional development.

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

Staff working with infants less than twelve (12) months old must complete a

Department-approved Safe Sleep training prior to working with infants less than

twelve (12) months old. This training must be renewed annually and will be

counted towards ongoing professional development.

Staff working with children less than three (3) years of age must complete a

Department-approved Prevention of Shaken Baby/Abusive Head Trauma training

prior to working with children less than three (3) years of age. This training must

be renewed every two (2) years and will be counted towards ongoing

professional development.

For every thirty (30) or fewer children in attendance, there must be at least one

(1) staff member on duty who holds a current Department-approved First Aid and

Safety certificate, including cardiopulmonary resuscitation (CPR) for all ages of

children, and is responsible for administering First Aid and CPR to children. Such

individuals must be with the children at all times when the center is in operation.

If children are at different locations, there must be a First Aid and CPR qualified

staff member at each location.

Within thirty (30) calendar days of employment, all employees caring for children,

not required by rule to be certified in First Aid and CPR, must complete the

Department-approved Introduction to First Aid and CPR module. The module

must be renewed every two (2) years.

operation.

If children are at different locations, there must be a First Aid and CPR qualified

staff member at each location.

Within thirty (30) calendar days of employment, all employees caring for children,

not required by rule to be certified in First Aid and CPR, must complete the

Department-approved Introduction to First Aid and CPR module. The module

must be renewed every two (2) years.

All employees and regular volunteers must be trained using a Department-

approved training about Child Abuse Prevention prior to working with children,

which includes common symptoms and signs of child abuse, how to report,

where to report, and when to report suspected or known child abuse or neglect.

This training must be renewed annually.

Within ninety (90) calendar days of employment, all staff required to register with

the Colorado Shines Professional Development Information System (listed in rule

section 2.208(D)) must complete the Department-approved training course:

Introduction to the Early Intervention and Preschool Special Education Programs.

This course is required once and will be counted towards ongoing professional

development.

Within ninety (90) calendar days of employment, all staff required to register with

the Colorado Shines Professional Development Information System (listed in rule

section 2.208(D)) must complete the Department-approved Recognizing the

Impact of Bias on Early Childhood Professionals training or other Department-

approved training on implicit bias. This course is required once and will be

counted towards ongoing professional development.

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8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

System (listed in rule

section 2.208(D)) must complete the Department-approved Recognizing the

Impact of Bias on Early Childhood Professionals training or other Department-

approved training on implicit bias. This course is required once and will be

counted towards ongoing professional development.

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

Within ninety (90) calendar days of employment, all directors and assistant

directors must complete the Department-approved training: Working with an

Early Childhood Mental Health Consultant. This course is required once and will

be counted towards ongoing professional development.

Within ninety (90) calendar days of employment, all directors and assistant

directors must complete the Department-approved training: Introduction to Child

Care Health Consultation. This course is required once and will be counted

towards ongoing professional development.

All staff must have at least one (1) hour of Child Development training within

ninety (90) days of employment. This training must include the major domains

(cognitive, social, emotional, physical development and approaches to learning).

This training is required once and will count toward ongoing training requirements

if taken after the date of hire.

All staff who work with children must complete a minimum of fifteen (15) clock

hours of ongoing professional development each year, beginning with the start

date of the employee. At least three (3) clock hours per year must be in the focus

of social-emotional development.

Ongoing professional development courses must demonstrate a direct

connection to one (1) or more of the following competency areas:

Child growth and development, and learning;

Child observation and assessment;

Family and community partnerships;

Social-emotional health and development promotion;

Health, safety and nutrition;

Professional practice; or

Teaching practices.

Ongoing professional development courses must demonstrate a direct

connection to one (1) or more of the following competency areas:

Child growth and development, and learning;

Child observation and assessment;

Family and community partnerships;

Social-emotional health and development promotion;

Health, safety and nutrition;

Professional practice; or

Teaching practices.

Each one (1) semester credit hour course with a direct connection to the

competency area listed in rule section 2.213(M), taken at an accredited

college or university shall count as fifteen (15) clock hours of ongoing

professional development.

Training hours completed can only be counted during the year taken and

cannot be carried over.

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

To be counted for ongoing professional development, the training

certificate must have documentation that includes:

The title of the training;

The competency domain or from a nationally approved vendor list;

The date and clock hours of the training;

The name or signature of the trainer, or other approved method of

verifying the identity of trainer or entity;

Expiration of training, if applicable; and

Connection to social emotional focus, if applicable.

The trainer must have documentation of the qualifications for each topic of

training conducted, which must be available for review by the Department.

Within thirty (30) calendar days of employment and annually, all staff responsible

for the collection, review, and maintenance of the child immunizations records

must complete the Colorado Department of Public Health and Environment

immunization course.

2.214 DIRECTOR QUALIFICATIONS - LARGE CHILD CARE CENTER

ch topic of

training conducted, which must be available for review by the Department.

Within thirty (30) calendar days of employment and annually, all staff responsible

for the collection, review, and maintenance of the child immunizations records

must complete the Colorado Department of Public Health and Environment

immunization course.

2.214 DIRECTOR QUALIFICATIONS - LARGE CHILD CARE CENTER

Large center directors must have a current director qualifications letter issued by

the Department or a current early childhood professional credential level III or

higher in the Department’s Professional Developmental Information System

(PDIS) as determined by the Department prior to working as the director of a

large center.

If the director is qualified by a current early childhood professional

credential level III or higher, the individual must submit the level III or

higher credential to the Department’s PDIS to obtain a large center

director qualification letter.

The educational requirements for the director of a large center must be met by

verified completion of one (1) of the following. (All course hours are given in

semester credit hours, but equivalent quarter credit hours are acceptable.)

Official college transcripts must be submitted to the Department for evaluation of

qualifications.

A Bachelor’s, Master’s, or Doctorate degree from an accredited college or

university in one (1) of the following:

Child Development;

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

t hours, but equivalent quarter credit hours are acceptable.)

Official college transcripts must be submitted to the Department for evaluation of

qualifications.

A Bachelor’s, Master’s, or Doctorate degree from an accredited college or

university in one (1) of the following:

Child Development;

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

Child Psychology;

Early Childhood Education;

Early Childhood Special Education;

Educational Leadership and Administration;

Elementary Education;

Family and Human Development;

Family Studies; or

Special Education.

Completion of all of the following three (3) semester credit hour courses

from an accredited college or university in each of the following subject or

content areas:

Introduction to Early Childhood Education;

Introduction to Early Childhood Techniques;

Guidance Strategies for Young Children or has been issued the

Colorado Pyramid Model Training certificate of completion;

ECE Health, Nutrition, and Safety;

Administration of Early Childhood Care and Education Programs;

Administration: Human Relations for Early Childhood Professions

or Introduction to Business;

Curriculum Development: Methods and Techniques;

ECE Child Growth and Development;

The Exceptional Child; and

Infant/Toddler Theory and Practice or have been issued the

Expanding Quality Infant/Toddler Training certificate of completion;

Completion of a course of training approved by the Department that

includes course content listed at rule section 2.214(B)(2), and experience

listed at rule section 2.214(C).

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

ddler Theory and Practice or have been issued the

Expanding Quality Infant/Toddler Training certificate of completion;

Completion of a course of training approved by the Department that

includes course content listed at rule section 2.214(B)(2), and experience

listed at rule section 2.214(C).

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

The experience requirements for the director of a large center must include direct

work with young children within an early care and education setting and is based

on the completion of the following amount of verified experience in the care and

supervision of four (4) or more children less than eight (8) years of age who are

not related to the individual:

Persons with a Bachelor’s, Master’s, or Doctorate degree with a major

emphasis as listed in rule section 2.214(B)(1), or individuals with an early

childhood professional credential level III in PDIS version 3.0 as

determined by the Department; no additional experience is required.

Persons with an Associate’s degree in early childhood education or child

development must have three (3) months (455 hours) of verified

experience.

Persons with a Bachelor's degree and have completed the thirty (30)

semester credit hours specified in rule section 2.214(B)(2), must have

three (3) months (455 hours) of verified experience.

Persons who have no degree but have completed the thirty (30) semester

credit hours specified in rule section 2.214(B)(2), must have six (6) months

(910 hours) of verified experience.

Additional requirements for verified experience include:

Verified experience acquired in a school-age child care center may

count for up to half of the required experience for director

qualifications. The other half of the required experience must be

working directly with children in a child development program; and

For family child care home experience to be considered, the

applicant must be, or have been, the licensee in the state of

Colorado.

Verified experience acquired in a school-age child care center may

count for up to half of the required experience for director

qualifications. The other half of the required experience must be

working directly with children in a child development program; and

For family child care home experience to be considered, the

applicant must be, or have been, the licensee in the state of

Colorado.

Renewal of Large Center Director Qualifications Letter

All individuals who were previously qualified as a large center director by

the Department, who have not completed the required courses in each of

the following subject or content areas, must take one (1) course every two

(2) years from an accredited college or university, or be in compliance with

a current transitory director qualification letter. Official transcripts listing

completion of one (1) or more of the five (5) courses shall be submitted to

the Department within thirty (30) calendar days of completing each course

until all five (5) courses have been completed in:

Guidance Strategies for Young Children or has been issued a

Colorado Pyramid Model Training certificate of completion;

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

ECE Health, Nutrition and Safety or Child Nutrition;

The Exceptional Child;

Infant/Toddler Theory and Practice or have been issued the

Expanding Quality in Infant and Toddler Care Training certificate of

completion; and

Administration: Human Relations for Early Childhood Professions

or Introduction to Business.

CCR 1402-1

Division of Early Learning, Licensing, and Administration

ECE Health, Nutrition and Safety or Child Nutrition;

The Exceptional Child;

Infant/Toddler Theory and Practice or have been issued the

Expanding Quality in Infant and Toddler Care Training certificate of

completion; and

Administration: Human Relations for Early Childhood Professions

or Introduction to Business.

Except for individuals holding an early childhood professional credential

level III in PDIS version 3.0 as determined by the Department, directors

meeting all large center director requirements in rule section 2.214(B), in

centers operating more than six (6) hours a day must complete a three (3)

semester credit hour course from an accredited college or university every

five (5) years in a subject related to the operation of a center and must be

able to demonstrate the relationship of the course taken to the operation

of the center.

The renewal application and the official transcripts must be submitted to

the Department. The renewed director letter shall expire five (5) years

from approval of the renewal application.

Director letters must be renewed prior to the expiration date or the letter

becomes invalid and the individual no longer qualifies as a director of a

large center.

Revocation of Large Center Director Letter

Persons may be denied an original or renewal of a director letter; a

director letter may be revoked if substantial evidence has been found that

the applicant or director is responsible for one or more of the following at

any child care facility, including, but not limited to:

Committing fraud;

Responsible for egregious or repetitive grounds for negative

licensing actions;

Providing false information;

Providing false transcripts for self or staff; or

Providing false letters of experience for self or staff.

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

hild care facility, including, but not limited to:

Committing fraud;

Responsible for egregious or repetitive grounds for negative

licensing actions;

Providing false information;

Providing false transcripts for self or staff; or

Providing false letters of experience for self or staff.

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

Persons who have had a director Letter revoked or denied for the reasons

listed in rule section 2.214(E)(1), may submit a new application for

consideration after a period of two (2) years from the date of denial or

revocation.

A person issued a new director letter after a denial or revocation shall

receive a provisional letter for no less than nine (9) months. After the

provisional period has been completed, a new application may be

submitted for consideration of a five (5) year time limited letter.

Persons whose director letter has been denied or revoked for the reasons

listed in rule section 2.214(E)(1), may file an appeal in the same manner

as a request for waiver, as specified in rule sections 2.114 through 2.118

of the “General Rules for Child Care Facilities.”

Assistant Director Requirements

An assistant director working under the supervision of a director must be

at least eighteen (18) years of age, have at least nine (9) months (1,365

hours) of experience as an early childhood teacher, and must meet one

(1) of the following qualifications:

A Bachelor’s, Master’s, or Doctorate degree from an accredited

college or university; or,

Completion of at least half of the required coursework for director

qualifications in rule section 2.214(B)(2), including the following two

(2) administration courses:

(1)

Administration of Early Childhood Care and Education

Programs; and

d teacher, and must meet one

(1) of the following qualifications:

A Bachelor’s, Master’s, or Doctorate degree from an accredited

college or university; or,

Completion of at least half of the required coursework for director

qualifications in rule section 2.214(B)(2), including the following two

(2) administration courses:

(1)

Administration of Early Childhood Care and Education

Programs; and

(2)

Administration: Human Relations for Early Childhood

Professions, or Introduction to Business.

All course grades used for the large center director or assistant director

requirements must be a “C” or better.

2.215 DIRECTOR QUALIFICATIONS - SMALL CHILD CARE CENTER

The director or substitute director of a small center must either: meet large center

director qualifications in rule section 2.214, or meet at least one (1) of the

following qualifications:

CODE OF COLORADO REGULATIONS

8 CCR 1402-1

Division of Early Learning, Licensing, and Administration

Possess a current teaching license issued by the Colorado Department of

Education with an endorsement in the area of Elementary Education,

Early Childhood Education, Early Childhood Special Education, Early

Childhood Special Education Specialist, Elementary Education Special

Education or principal licensure;

Possess a current early childhood professional credential level II or higher

in PDIS version 3.0 as determined by the Department;

Current certification as a child development associate (CDA) credential in:

center-based, preschool; center-based, infant-toddler; family child care; or

other Department-approved credential;

Two (2) years and nine (9) months (5,005 hours) of verified experience in

the care and supervision of four (4) or more children less than eight (8)

years of age who are not related to the individual, and at least two (2)

three (3)-semester credit hour courses from an accredited college or

university in early childhood education, and one (1) of the courses must be

either:

Introduction to Early Childhood Education; or

9) months (5,005 hours) of verified experience in

the care and supervision of four (4) or more children less than eight (8)

years of age who are not related to the individual, and at least two (2)

three (3)-semester credit hour courses from an accredited college or

university in early childhood education, and one (1) of the courses must be

either:

Introduction to Early Childhood Education; or

Guidance Strategies for Young Children or has been issued

Colorado Pyramid Model Trai

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