Colo. Rev. Stat. § 26.5-5-308

Current through 11/5/2024 election

Section 26.5-5-308 - Application of part - neighborhood youth organizations - rules - licensing - duties and responsibilities - definitions

(1) Notwithstanding any provision of this part 3 to the contrary, a neighborhood youth organization that is not otherwise licensed to operate under this part 3 may obtain a neighborhood youth organization license pursuant to this section. A neighborhood youth organization that obtains a license pursuant to this section is subject only to the requirements of this section and is otherwise exempt from the requirements of this part 3.

(2) The executive director shall promulgate rules to establish a neighborhood youth organization license, including but not limited to the fee required to apply for and obtain the license. The rules shall not concern staff-to-youth ratios.

(2.5) The neighborhood youth organization's programs and services must occur primarily in a facility the neighborhood youth organization leases or owns or has been granted use of or access to.

(3) A neighborhood youth organization licensed pursuant to this section and operating in the state of Colorado has the following duties and responsibilities:

(a) To inform a parent or legal guardian of the requirements of this subsection (3) and to post a notice in bold print and in plain view on the premises of the facility in which the neighborhood youth organization operates that lists the following information:

(I) The requirements of this subsection (3); and

(II) The telephone number and address of the appropriate division within the department for investigating complaints concerning a neighborhood youth organization, with the instruction that any complaint regarding the neighborhood youth organization's compliance with these requirements be directed to that division;

(b) Prior to admitting an interested youth member into the neighborhood youth organization, to require the youth member's parent or legal guardian to sign a statement authorizing the youth member to participate in the programs and services of the neighborhood youth organization;

(c) To establish a process to receive and resolve complaints from parents or legal guardians;

(d) To establish a process to report known or suspected child abuse or neglect to appropriate authorities pursuant to section 19-3-304;

(e) To maintain, either at the neighborhood youth organization or at a central administrative facility, records for each youth member admitted into the neighborhood youth organization containing, at a minimum, the following information:

(I) The youth member's full name;

(II) The youth member's date of birth;

(III) The name, address, and telephone number of a parent or legal guardian of the youth member;

(IV) The name and telephone number of at least one emergency contact person for the youth member; and

(V) A parent's or legal guardian's written authorization for the youth member to attend the neighborhood youth organization;

(f) To require a youth member's parent or legal guardian to sign a statement authorizing the neighborhood youth organization to provide transportation prior to field trips or to and from the neighborhood youth organization;

(g) To follow the requirements specified in subsection (4) of this section for a fingerprint-based or other criminal history record check of each employee and volunteer who works with or will work with youth members five or more days in a calendar month;

(h) To offer programs and services that are evidence- or research-based, age-appropriate, and foster supportive relationships with peers and adults while offering character and leadership development, academic supports, job skills training, behavioral health supports, health and nutrition services, and other critical resources and services that a community identifies as necessary; and

(i) To serve all children, youth, and families, but with a focus on programs and services that ensure affordable access for low-income populations.

(3.4) To protect the safety of youth members, a neighborhood youth organization may create an electronic or written process to record the daily arrival and departure times of youth members in order to:

(a) Track attendance;

(b) Assess the impact of programs and services on youth members; and

(c) Ensure the neighborhood youth organization operates in the best interest and safety of youth members.

(3.5)

(a) To protect the safety of youth members, each neighborhood youth organization shall maintain a complete set of records for youth members and personnel. Each neighborhood youth organization shall maintain the confidentiality of the following records, and such records are not subject to review by the public:

(I) Information identifying a youth member or a youth member's family;

(II) Scholastic, health, and social or psychological records, which are available only to the youth member to whom the records pertain or the youth member's parent or legal guardian;

(III) Personal references for personnel as requested by the state department; and

(IV) Reports and records received from other agencies, including police and child protection investigation reports.

(b) If a central administrative facility retains records in a central file for more than one neighborhood youth organization, duplicate copies of the information described in subsections (3)(e) and (3.5)(a) of this section for youth members and personnel must also be maintained at the neighborhood youth organization location that the youth member attends and to which the staff member is assigned.

(c) Each neighborhood youth organization or central administrative facility shall maintain all required records for at least three years, including confidential records.

(d) Notwithstanding subsection (3.5)(a) of this section to the contrary, each neighborhood youth organization or central administrative facility shall make the records of personnel or youth members available upon request to authorized personnel of the state department pursuant to section 19-1-307 (2) (j.7).

(e) Neighborhood youth organizations shall cooperate with all state and local investigations regarding incidents, including but not limited to licensing violations, child abuse, and incidents affecting the health, safety, and welfare of youth members.

(f) Records concerning the licensing of neighborhood youth organization facilities and agencies are open to the public. A person who wishes to review a record must submit a written request to the state department.

(4) A licensed neighborhood youth organization shall require all employees and volunteers who work directly with or will work directly with youth members five or more days in a calendar month to obtain, prior to employment, and every two years thereafter, one of the following:

(a) A fingerprint-based criminal history records check utilizing the Colorado bureau of investigation and request the department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.

(b) A federal bureau of investigation fingerprint-based criminal history records check utilizing the Colorado bureau of investigation if the employee, volunteer, or applicant has resided in the state of Colorado less than two years. The neighborhood youth organization shall request the department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.

(c) A comparison search by the department on the Colorado state courts data access system of the state judicial department or a comparison search on any other database that is recognized on a statewide basis by using the name, date of birth, and social security number information that the department determines is appropriate to determine whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.

(d) A separate background check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. sec. 1681 et seq., that must disclose, at a minimum, sexual offenders and felony convictions and include a social security number trace, a national criminal file check, and a state or county criminal file search. The separate background check must ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401 or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9). The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.

(5) A person who visits or takes part in the activities of a licensed neighborhood youth organization but who is not required to obtain a criminal history record check pursuant to subsection (4) of this section must at all times be under the supervision of an employee or volunteer who has been hired or approved after obtaining a criminal history record check pursuant to subsection (4) of this section.

(6) The governing board of each licensed neighborhood youth organization shall adopt minimum standards for operating the licensed neighborhood youth organization, including but not limited to standards regarding operations, health and safety, financial responsibilities, and personnel. The personnel standards must address employee and volunteer screening practices, training practices, insurance coverage, and regular assessment practices for the health and safety of youth, facilities, and child abuse prevention, which may include mandated reporting requirements, audits, and fees.

(7) The department is authorized to receive, respond to, and investigate any complaint concerning compliance with the requirements set forth in this section for a licensed neighborhood youth organization.

(8) A licensed neighborhood youth organization is not required to obtain or keep on file immunization records for youth members participating in the organization's activities.

(9) As used in this section, unless the context otherwise requires:

(a) "Employee" means a paid employee of a neighborhood youth organization who is eighteen years of age or older.

(b) "Volunteer" means a person who volunteers assistance to a neighborhood youth organization and who is eighteen years of age or older.

C.R.S. § 26.5-5-308

Amended by 2023 Ch. 434,§ 13, eff. 6/9/2023.

Renumbered from C.R.S. §26-6-103.7 and amended by 2022 Ch. 123, §3, eff. 7/1/2022.

Amended by 2022 Ch. 22, §2, eff. 3/17/2022.

L. 2010: Entire section added, (HB 10 - 10 44), ch. 85, p. 285, §2, effective April 14. L. 2011: (4) amended, (HB 11 - 11 45), ch. 163, p. 561, §2, effective August 10. L. 2012: (4) amended, (HB 12-1228), ch. 130, p. 448, § 1, effective April 23.

(1) This section is similar to former § 26-6-103.7 as it existed prior to 2022.

(2) Subsections (2.5), (3)(b), (3)(f), (3)(h), (3)(i), (3.4), (3.5), and (6) were numbered as § 26-6-103.7 (2.5), (3)(b), (3)(f), (3)(h), (3)(i), (3.4), (3.5), and (6), respectively, in SB 22-064 (See L. 2022, p. 145). Those provisions were harmonized with subsections (2.5), (3)(b), (3)(f), (3)(h), (3)(i), (3.4), (3.5), and (6) of this section as they appear in HB 22-1295.