Section 26.5-5-306 - Substitute child care providers - substitute placement agency - licensing - rules(1) Substitute placement agencies are subject to the requirements of this part 3. The department shall license substitute placement agencies to place or facilitate or arrange for the placement of short-term and long-term substitute child care providers in licensed facilities providing less than twenty-four-hour care.(2) The executive director shall promulgate rules for substitute placement agencies and substitute child care providers. At a minimum, the rules must require that the substitute child care provider demonstrate that the provider has the training and certification for the child care license type and position in which the substitute child care provider is placed. Pursuant to section 26.5-5-316 (1)(a)(I)(C), each substitute child care provider shall pay for and submit to a fingerprint-based criminal history record check and a review of the records and reports of child abuse or neglect maintained by the state department of human services to determine whether the substitute child care provider has been found to be responsible in a confirmed report of child abuse or neglect. When the results of a fingerprint-based criminal history record check or any other records check performed on a person pursuant to this subsection (2) reveal a record of arrest without a disposition, the department rules shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The substitute placement agency shall not place a substitute child care provider who is convicted of any of the crimes specified in section 26.5-5-309 (4) or 26.5-5-317.Renumbered from C.R.S. §26-6-103.3 and amended by 2022 Ch. 123, §3, eff. 7/1/2022.Amended by 2022 Ch. 114, §46, eff. 4/21/2022.Amended by 2019 Ch. 125, §43, eff. 4/18/2019.Amended by 2018 Ch. 124, §2, eff. 8/8/2018.L. 2008: Entire section added, p. 367, § 2, effective August 5. L. 2018: Entire section R&RE, (SB 18-162), ch. 833, p. 833, § 2, effective August 8. L. 2019: (2) amended, (HB 19-1166), ch. 555, p. 555, § 43, effective April 18.(1) This section is similar to former § 26-6-103.3 as it existed prior to 2022.
(2) Subsection (2) was numbered as § 26-6-103.3 (2) in HB 22-1270 (See L. 2022, p. 530). That provision was harmonized with subsection (2) of this section as it appears in HB 22-1295.