Section 26.5-5-307 - Application of part - guest child care facilities - public services short-term child care facilities - definition(1) Guest child care facilities and public services short-term child care facilities are subject only to the requirements of this section and are otherwise excluded from the requirements of this part 3. Each guest child care facility and each public services short-term child care facility shall post a notice in bold print and in plain view on the premises of the child care facility. The notice must specify the telephone number and address of the appropriate division within the department for investigating child care facility complaints and must state that any complaint about the guest child care facility's or the public services short-term child care facility's compliance with these requirements should be directed to such division.(2) A person or entity shall not operate a guest child care facility or a public services short-term child care facility unless the following requirements are met: (a) The guest child care facility or public services short-term child care facility is inspected not less frequently than one time per year by the department of public health and environment, and it conforms to the sanitary standards prescribed by such department under the provisions of section 25-1.5-101 (1)(h);(b) The guest child care facility or public services short-term child care facility is inspected not less frequently than one time per year by the local fire department, and it conforms to the fire prevention and protection requirements of the local fire department in the locality of the facility, or in lieu thereof, the division of labor standards and statistics;(c) The guest child care facility or public services short-term child care facility retains, on the premises at all times, the records of the inspections required by subsections (2)(a) and (2)(b) of this section for the current calendar year and the immediately preceding calendar year;(d) The guest child care facility or public services short-term child care facility retains, on the premises at all times, a record of children cared for over the course of the current calendar year and the immediately preceding calendar year;(e) At least one supervisory employee is on duty at the guest child care facility or public services short-term child care facility at all times when the facility is operating;(f)(I) The guest child care facility or public services short-term child care facility requires all supervisory employees of the guest child care facility or public services short-term child care facility and applicants for supervisory employee positions at the guest child care facility or public services short-term child care facility to obtain a fingerprint-based criminal history check utilizing the Colorado bureau of investigation and, for supervisory employees hired on or after August 10, 2011, the federal bureau of investigation and requests the department to ascertain whether the person being investigated has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4)(a)(I) or whether the person has been determined to have a pattern of misdemeanor convictions as described in section 26.5-5-309 (4)(a)(I)(F) and the guest child care facility or public services short-term child care facility prohibits the hiring of any such person as a supervisory employee or terminates the employment of any such person as a supervisory employee upon confirmation of such a criminal history;(II) The guest child care facility or public services short-term child care facility requests the department to access records and reports of child abuse or neglect to determine whether the supervisory employee or applicant for a supervisory employee position has been found to be responsible in a confirmed report of child abuse or neglect and the guest child care facility or public services short-term child care facility prohibits the hiring of any such person as a supervisory employee or terminates the employment of any such person as a supervisory employee. Information shall be made available pursuant to section 19-1-307 (2)(r) and rules promulgated by the state board of human services pursuant to section 19-3-313.5 (4).(III)(A) The guest child care facility or public services short-term child care facility requests the department to obtain a comparison search on the Colorado state courts data access system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the department determines is appropriate, whether or not the criminal history background check confirms a criminal history, in order to determine the crime or crimes, if any, for which the supervisory employee or applicant for a supervisory employee position was arrested or convicted and the disposition thereof; and(B) The guest child care facility or public services short-term child care facility requests the department to obtain such information concerning the supervisory employee or applicant for a supervisory employee position from any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the executive director;(IV) When the results of a fingerprint-based criminal history record check or any other records check performed pursuant to this subsection (2)(f) reveal a record of arrest without a disposition, the guest child care facility or public services short-term child care facility shall require the supervisory employee or applicant for a supervisory employee position to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d);(g)(I) The guest child care facility or public services short-term child care facility requires all other employees of the guest child care facility or public services short-term child care facility to obtain a fingerprint-based criminal history check utilizing the Colorado bureau of investigation and, for employees hired on or after August 10, 2011, the federal bureau of investigation and requests the department to ascertain whether the person being investigated has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4)(a)(I) or whether the person has been determined to have a pattern of misdemeanor convictions as described in section 26.5-5-309 (4)(a)(I)(F) and the guest child care facility or public services short-term child care facility terminates the employment of any such person as an employee upon confirmation of such a criminal history;(II) The guest child care facility or public services short-term child care facility requests the department to access records and reports of child abuse or neglect to determine whether the employee has been found to be responsible in a confirmed report of child abuse or neglect and the guest child care facility or public services short-term child care facility terminates the employment of any such person. Information shall be made available pursuant to section 19-1-307 (2)(r) and rules promulgated by the state board of human services pursuant to section 19-3-313.5 (4).(III)(A) The guest child care facility or public services short-term child care facility requests the department to obtain a comparison search on the Colorado state courts data access system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the department determines is appropriate, whether or not the criminal history background check confirms a criminal history, in order to determine the crime or crimes, if any, for which the employee was arrested or convicted and the disposition thereof; and(B) The guest child care facility or public services short-term child care facility requests the department to obtain such information concerning the employee from any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the executive director; and(h) The guest child care facility or public services short-term child care facility maintains the following employee-to-child ratios at all times when the facility is operating: (I) One child care facility employee for every five children ages six weeks to eighteen months;(II) One child care facility employee for every five children ages twelve months to thirty-six months;(III) One child care facility employee for every seven children ages twenty-four months to thirty-six months;(IV) One child care facility employee for every eight children ages two and one-half years to three years;(V) One child care facility employee for every ten children ages three years to four years;(VI) One child care facility employee for every twelve children ages four years to five years;(VII) One child care facility employee for every fifteen children ages five years of age and older; and(VIII) One child care facility employee for every ten children in a mixed age group, ages two and one-half years to six years.(3) In addition to the requirements specified in subsection (2) of this section, a public services short-term child care facility shall ensure that at least one employee is on duty at the facility at all times when the facility is operating who holds a current department-approved first aid and safety certificate that includes certification in cardiopulmonary resuscitation training for all ages of children.(4)(a) If the guest child care facility or public services short-term child care facility refuses to hire a supervisory employee or terminates the employment of a supervisory employee as a result of information disclosed in an investigation of the supervisory employee or applicant for a supervisory position pursuant to subsection (2)(f) of this section, the guest child care facility or public services short-term child care facility shall not be subject to civil liability for such refusal to hire.(b) If the guest child care facility or public services short-term child care facility terminates the employment of an employee as a result of the information disclosed in an investigation of the employee pursuant to subsection (2)(g) of this section, the guest child care facility or public services short-term child care facility shall not be subject to civil liability for such termination of employment.(5) A guest child care facility employee or supervisory employee applicant who has obtained a fingerprint-based criminal history check pursuant to subsection (2)(f) or (2)(g) of this section, or pursuant to subsection (6) of this section, is not required to obtain a new fingerprint-based criminal history check if the employee or applicant returns to a guest child care facility to work in subsequent seasons. The department shall maintain the results of the initial background check and receive subsequent notification of activity on the record for the purpose of redetermining, if necessary, whether the employee or supervisory employee applicant has been convicted of any of the criminal offenses specified in section 26.5-5-309 (4)(a)(I), or whether the employee or supervisory employee applicant has a pattern of misdemeanor convictions as described in section 26.5-5-309 (4)(a)(I)(F), and the guest child care facility shall contact the department for information concerning subsequent convictions, if any, prior to rehiring such employee.(6) The requirements of subsections (2)(f) and (2)(g) of this section do not apply to those employees of guest child care facilities concerning whom criminal history background checks were conducted on or after July 1, 2001, and before July 1, 2002, for purposes of state child care licensure requirements.(7) As used in this section, a "guest child care facility" does not include a ski school. As used in this section, "ski school" means a school located at the ski area in which the guest child care facility is located for purposes of teaching children how to ski or snowboard.(8) The department is authorized to receive, respond to, and investigate any complaint concerning compliance with the requirements set forth in this part 3 for a guest child care facility or a public services short-term child care facility.Amended by 2023 Ch. 434,§ 12, eff. 6/9/2023.Renumbered from C.R.S. §26-6-103.5 and amended by 2022 Ch. 123, §3, eff. 7/1/2022.Amended by 2022 Ch. 114, §47, eff. 4/21/2022.Amended by 2019 Ch. 125, §44, eff. 4/18/2019.Amended by 2016 Ch. 131, §19, eff. 8/10/2016.Amended by 2016 Ch. 210, §76, eff. 6/6/2016.L. 2002: Entire section added, p. 407, § 2, effective July 1. L. 2003: (2)(f)(III) and (2)(g)(III) amended, p. 1409, § 17, effective 1/1/2004. L. 2006: (2)(f)(I), (2)(f)(II), (2)(g)(I), and (2)(g)(II) amended, p. 731, § 9, effective August 7. L. 2007: Entire section amended, p. 862, § 2, effective May 14. L. 2011: (2)(f)(I), (2)(f)(II), (2)(g)(I), and (2)(g)(II) amended, (HB 11-1145), ch. 560, p. 560, § 1, effective August 10. L. 2016: (2)(e) amended, (SB 16-189), ch. 782, p. 782, § 76, effective June 6; IP(2) and (2)(b) amended, (HB 16 -1323), ch. 381, p. 381, § 19, effective August 10. L. 2019: (2)(f)(V) added, (HB 19-1166), ch. 555, p. 555, § 44, effective April 18.(1) This section is similar to former § 26-6-103.5 as it existed prior to 2022.
(2) Subsection (2)(f)(IV) was numbered as § 26-6-103.5 (2)(f)(V) in HB 22-1270 (See L. 2022, p. 530). That provision was harmonized with subsection (2)(f)(IV) of this section as it appears in HB 22-1295.
For the legislative declaration contained in the 2003 act amending subsections (2)(f)(III) and (2)(g)(III), see section 1 of chapter 196, Session Laws of Colorado 2003.