Section 26.5-5-318 - Notice of negative licensing action - filing of complaints(1)(a) When a child care center facility or family child care home facility licensed pursuant to this part 3 has been notified by the department of a negative licensing action or the imposition of a fine pursuant to section 26.5-5-317 (2) and (7), it shall, within ten days after receipt of the notice, provide the department with the names and mailing addresses of the parents or legal guardians of each child cared for at the child care center facility or family child care home facility. The department shall maintain the confidentiality of the names and mailing addresses provided to it pursuant to this subsection (1).(b) Within twenty days after receipt of the names and addresses of parents and legal guardians pursuant to subsection (1)(a) of this section, the department shall send a written notice to each parent or legal guardian identifying the negative licensing action or the fine imposed and providing a description of the basis for the action as it relates to the impact on the health, safety, and welfare of the children in the care of the facility. The department shall send the notice to the parents and legal guardians by first-class mail.(c) The executive director shall promulgate rules concerning the assessment of a fine against a licensee that is equal to the direct and indirect costs associated with the mailing of the notice described in subsection (1)(b) of this section against the facility.(d) This subsection (1) does not preclude the department or a county department of human or social services from notifying parents of serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 3 that could impact the health, safety, or welfare of a child cared for at the facility or home.(2) The executive director shall promulgate rules requiring child care center facilities and family child care home facilities to provide written notice to the parents and legal guardians of the children cared for in such facilities of the procedures by which to file a complaint against the facility or an employee of the facility with the department. The rules must specify the information the notice must contain, but must require that the notice include the current mailing address and telephone number of the appropriate division within the department.(3) The department shall track and record complaints made to the department that are brought against family child care homes and shall identify which complaints were brought against licensed family child care homes, unlicensed family child care homes, or legally exempt family child care homes.Renumbered from C.R.S. §26-6-108.5 and amended by 2022 Ch. 123, §3, eff. 7/1/2022.Amended by 2018 Ch. 38, §127, eff. 8/8/2018.Amended by 2017 Ch. 85, §2, eff. 8/9/2017.Amended by 2016 Ch. 210, §78, eff. 6/6/2016.L. 99: Entire section added, p. 1205, § 10, effective June 2. L. 2000: (3) added, p. 40, § 8, effective May 14. L. 2016: (3) amended, (SB 16-189), ch. 210, p. 783, § 78, effective June 6. L. 2017: (3) amended, (SB 17-110), ch. 85, p. 263, § 2, effective August 9. L. 2018: (1)(d) amended, (SB 18-092), ch. 38, p. 449, § 127, effective August 8.This section is similar to former § 26-6-108.5 as it existed prior to 2022.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.