HOUSE BILL 23-1235
BY REPRESENTATIVE(S) Sirota, Bacon, Bird, Boesenecker, Brown,
Epps, Froelich, Garcia, Hamrick, Jodeh, Lieder, Lindstedt, Marshall,
Martinez, McLachlan, Michaelson Jenet, Ortiz, Ricks, Snyder, Young;
also SENATOR(S) Buckner, Bridges, Coleman, Cutter, Exum, Fields,
Gonzales, Marchman, Priola, Sullivan, Winter F., Zenzinger, Fenberg.
C
ONCERNING TECHNICAL MODIFICATIONS TO THE DEPARTMENT OF EARLY
CHILDHOOD
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 26.5-1-106, amend (7)
as follows:
26.5-1-106. Transfer of functions - employees - property -
contracts. (7) The executive director, or the executive director's designee,
may
SEEK, accept, AND EXPEND, on behalf of and in the name of the state,
gifts, grants, and donations for any purpose connected with the powers,
duties, and functions of the department. The state treasurer shall hold any
property so given, but the executive director, or the executive director's
designee, may direct the disposition of any property so given for any
purpose consistent with the terms and conditions under which the gift was
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. created.
SECTION 2. In Colorado Revised Statutes, 26.5-2-209, amend (2)
as follows:
26.5-2-209. Early childhood cash fund - creation. (2) The
department is authorized to seek, and accept, AND EXPEND, gifts, grants, or
donations from private and public sources for the purposes of this part 2.
All private and public money received through gifts, grants, or donations
must be transmitted to the state treasurer, who shall credit the same to the
fund. The money in the fund is subject to annual appropriation by the
general assembly to the department for the direct and indirect costs
associated with the implementation of this part 2.
SECTION 3. In Colorado Revised Statutes, 26.5-3-103, amend
(1)(c)(III) as follows:
26.5-3-103. Program created - repeal. (1) (c) (III) The department
may
SEEK, accept, and expend any grants from any public or private source
for the purpose of making grants to community applicants for the
establishment or continued operation of family resource centers and for the
purpose of evaluating the effectiveness of the family resource center
program. This part 1 does not prohibit a family resource center from
SEEKING, accepting, and expending funds received through an authorized
contract, grants, or donations from public or private sources.
SECTION 4. In Colorado Revised Statutes, 26.5-3-204, amend
(2)(e); and add (2)(l) as follows:
26.5-3-204. Colorado child abuse prevention board - creation -
members - terms - vacancies. (2) The board consists of nineteen
members, with a consideration for geographic diversity, as follows:
(e) Three TWO persons appointed by the governor and confirmed by
the senate who are knowledgeable in the area of child abuse prevention and
represent some of the following areas: Law enforcement, medicine, law,
business, public policy, mental health, intimate partner violence, early
childhood education, elementary and secondary education, reducing poverty
and helping families gain economic stability, the connection between
housing instability and trauma, higher education, research and program
PAGE 2-HOUSE BILL 23-1235 evaluation, and social work. In making appointments to the board, the
governor is encouraged to include representation by at least one member
who is a person with a disability, as defined in section 24-34-301 (2.5), a
family member of a person with a disability, or a member of an advocacy
group for persons with disabilities, so long as the other requirements of this
subsection (2)(e) are met.
(l) T
HE COMMISSIONER OF THE BEHAVIORAL HEALTH
ADMINISTRATION
, CREATED IN SECTION 27-50-102, OR THE COMMISSIONER'S
DESIGNEE
.
SECTION 5. In Colorado Revised Statutes, 26.5-3-205, amend
(1)(j) as follows:
26.5-3-205. Powers and duties of the board. (1) The board has the
following powers and duties:
(j) To accept grants from the federal government, as well as to
solicit and
SEEK, accept, AND EXPEND contributions, grants, gifts, bequests,
and donations from individuals, private organizations, and foundations; and
SECTION 6. In Colorado Revised Statutes, 26.5-3-805, amend (4)
as follows:
26.5-3-805. Early care and education recruitment and retention
grant and scholarship program - created - criteria and eligibility -
grant and scholarship awards - reports - funding - rules - definitions -
repeal. (4) The executive director shall
MAY promulgate rules regarding
criteria, timelines, and the administration of the program pursuant to the
requirements outlined in this section.
SECTION 7. In Colorado Revised Statutes, 26.5-4-114, amend
(1)(f) as follows:
26.5-4-114. Colorado child care assistance program - reporting
requirements. (1) On or before November 1, 2022, and on or before
November 1 each year thereafter, the department shall prepare a report on
CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the department shall
provide the report to the joint budget committee of the general assembly, the
public and behavioral health and human services committee of the house of
PAGE 3-HOUSE BILL 23-1235 representatives, and the health and human services committee of the senate,
or any successor committees. The report must include, at a minimum, the
following information related to benchmarks of success for CCCAP:
(f) The number of families on each county's wait list as of
November 1
OCTOBER 1 of each year, as well as the average length of time
each family remains on the wait list in each county;
SECTION 8. In Colorado Revised Statutes, 26.5-4-208, amend
(4)(a) and (6)(d) as follows:
26.5-4-208. Preschool provider funding - per-child rates - local
contribution - distribution and use of money - definitions - repeal.
(4) (a) Notwithstanding any provision of this section to the contrary, if the
funding that a preschool provider that is a school district or a charter school
receives pursuant to this section for eligible children enrolled in the
preschool program for the 2023-24 fiscal year, calculated as the per-child
rates for the 2023-24 fiscal year multiplied by the number of eligible
children the preschool provider enrolls for the 2023-24 fiscal year, is less
than the amount of funding allotted for the 2022-23 fiscal year for the
children the preschool provider enrolled through the Colorado preschool
program, as it exists prior to July 1, 2023, calculated as fifty percent of the
preschool provider's per pupil funding, as described in section 22-54-104
(3) or (3.5), whichever is applicable, for the 2022-23 fiscal year multiplied
by the number of children
PRESCHOOL POSITIONS the preschool provider
enrolled through the Colorado preschool program and directly served for the
2022-23 fiscal year, the department shall distribute to the preschool
provider for the 2023-24 fiscal year an amount equal to the difference in
said amounts.
(6) As used in this section, unless the context otherwise requires:
(d) "State average per pupil funding amount" means the statewide
total amount of THE per pupil funding AMOUNTS, as described in section
22-54-104 (3) or (3.5),
FOR ALL SCHOOL DISTRICTS IN THE STATE AS
calculated for all school districts for
the 2022-23 budget year divided by the
statewide total funded pupil count, minus the statewide total district
extended high school pupil enrollment and the statewide total online pupil
enrollment, for the 2022-23 budget year TOTAL NUMBER OF SCHOOL
DISTRICTS
, THEN MULTIPLIED BY FIFTY PERCENT.
PAGE 4-HOUSE BILL 23-1235 SECTION 9. In Colorado Revised Statutes, 26.5-5-102, add (7)(d)
as follows:
26.5-5-102. School-readiness quality improvement program -
created - rules. (7) (d) T
HE DEPARTMENT IS AUTHORIZED TO ENTER INTO
A CONTRACT WITH AN ORGANIZATION TO PROVIDE THE FOLLOWING
:
(I) E
ARLY LITERACY PROGRAMMING AND RELATED SUPPORTS ; AND
(II) WHOLE-CHILD SERVICES.
SECTION 10. In Colorado Revised Statutes, 26.5-5-303, amend
(1), (3), (7), (12), (13), and (16)(a); repeal (11); and add (1.5) and (5.5) as
follows:
26.5-5-303. Definitions. As used in this part 3, unless the context
otherwise requires:
(1) "Affiliate of a licensee" means:
(a) Any person or entity that owns more than five percent of the
ownership interest in the business operated by the licensee or the applicant
for a license; or
(b) Any person who is directly responsible for the care and welfare
of children served; or
(c) Any executive, officer, member of the governing board, or
employee of a licensee; or
(d) 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. "ADVERSE ACTION" HAS THE SAME
MEANING AS
"NEGATIVE LICENSING ACTION" AS DEFINED IN SUBSECTION
(16)(a) OF THIS SECTION.
(1.5) "A
FFILIATE OF A LICENSEE" MEANS:
(a) A
NY PERSON OR ENTITY THAT OWNS MORE THAN FIVE PERCENT
OF THE OWNERSHIP INTEREST IN THE BUSINESS OPERATED BY THE LICENSEE
PAGE 5-HOUSE BILL 23-1235 OR THE APPLICANT FOR A LICENSE; OR
(b) ANY PERSON WHO IS DIRECTLY RESPONSIBLE FOR THE CARE AND
WELFARE OF CHILDREN SERVED
; OR
(c) ANY EXECUTIVE, OFFICER, MEMBER OF THE GOVERNING BOARD ,
OR EMPLOYEE OF A LICENSEE; OR
(d) 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.
(3) (a) (I)
"Child care center" prior to July 1, 2024, means a facility,
by whatever name known, that is maintained for the whole or part of a day
for the care of five or more children, unless otherwise specified in this
subsection (3)(a)(I)
SUBSECTION (3), who are eighteen years of age or
younger and who are not related to the owner, operator, or manager thereof,
whether the facility is operated with or without compensation for such care
and with or without stated educational purposes. The term includes, but is
not limited to, facilities commonly known as child care centers, school-age
child care centers, before- and after-school programs, kindergartens,
preschools, day camps, and summer camps, and includes those facilities for
children under six years of age with stated educational purposes operated
in conjunction with a public, private, or parochial college or a private or
parochial school; except that the term does not apply to any kindergarten
maintained in connection with a public, private, or parochial elementary
school system of at least six grades.
(II) This subsection (3)(a) is repealed, effective July 1, 2024.
(b) "Child care center", on and after July 1, 2024, means a facility,
by whatever name known, that is maintained for the whole or part of a day
for the care of five or more children, unless otherwise specified in this
subsection (3)(b), who are eighteen years of age or younger and who are not
related to the owner, operator, or manager thereof, whether the facility is
operated with or without compensation for such care and with or without
stated educational purposes. The term includes, but is not limited to,
facilities commonly known as child care centers, school-age child care
centers, before- and after-school programs, kindergartens, preschools, day
camps, and summer camps, and includes those facilities for children under
PAGE 6-HOUSE BILL 23-1235 six years of age with stated educational purposes operated in conjunction
with a public, private, or parochial college or a private or parochial school;
except that the term does not apply to any kindergarten maintained in
connection with a public, private, or parochial elementary school system of
at least six grades.
(5.5) "COLORADO STATE COURTS DATA ACCESS SYSTEM " MEANS THE
OFFICIAL PUBLIC ACCESS SITE FOR THE
COLORADO JUDICIAL BRANCH
MAINTAINED BY THE
COLORADO STATE COURT ADMINISTRATOR 'S OFFICE
CONTAINING READ
-ONLY ACCESS TO COURT DATA, INCLUDING A NAME INDEX
AND REGISTER OF ACTIONS
.
(7) "Family child care home" means a facility for child care operated
with or without compensation or educational purposes in a place of
residence of a family or person for the purpose of providing less than
twenty-four-hour care for children under the age of eighteen years who are
not related to the head of such home. "Family child care home" may include
infant-toddler child care homes, large
FAMILY child care homes,
experienced provider
child care PROVIDER homes, and such other types of
family child care homes designated by department rules pursuant to section
26.5-5-314 (2)(n), as the executive director deems necessary and
appropriate.
(11) "ICON" means the computerized database of court records
known as the integrated Colorado online network used by the state judicial
department.
(12) "Kindergarten" means any facility providing an educational
program for children only for the year preceding their entrance to the first
grade, whether such facility is called a kindergarten, nursery school,
preschool, or any other name.
(13) "License" means a legal document issued pursuant to this part
3 granting permission to operate a child care facility. A license may be in
the form of a provisional, probationary, permanent, or time-limited license
OR PERMANENT LICENSE.
(16) (a) "Negative licensing action",
OR "ADVERSE ACTION", means
a final agency action resulting in the denial of an application, the imposition
of fines, or the suspension or revocation of a license issued pursuant to this
PAGE 7-HOUSE BILL 23-1235 part 3 or the demotion of such a license to a probationary license.
SECTION 11. In Colorado Revised Statutes, 26.5-5-304, amend
(1)(f)(I) introductory portion as follows:
26.5-5-304. Application of part - definition - repeal. (1) This part
3 does not apply to:
(f) (I) An individual who provides less than twenty-four-hour child
care in a THE INDIVIDUAL'S PERMANENT place of residence when one of the
following conditions is met:
SECTION 12. In Colorado Revised Statutes, 26.5-5-307, amend
(2)(f)(III)(A) and (2)(g)(III)(A) as follows:
26.5-5-307. Application of part - guest child care facilities -
public services short-term child care facilities - definition. (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:
(f) (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 ICON
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
(g) (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 ICON
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
PAGE 8-HOUSE BILL 23-1235 SECTION 13. In Colorado Revised Statutes, 26.5-5-308, amend
(4)(c) as follows:
26.5-5-308. Application of part - neighborhood youth
organizations - rules - licensing - duties and responsibilities -
definitions. (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:
(c) A comparison search by the department on the ICON
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.
SECTION 14. In Colorado Revised Statutes, 26.5-5-309, amend
(4)(a)(I)(E) and (4)(b); and add (4)(a)(I)(E.5) as follows:
26.5-5-309. Licenses - rules - definition. (4) (a) (I) The department
shall not issue a license to operate a family child care home or a child care
center if the applicant for the license, an affiliate of the applicant, a person
employed by the applicant, or a person who resides with the applicant at the
facility has been convicted of:
(E) Any felony involving physical assault
OR battery; or a
drug-related offense within the five years preceding the date of application
for a license;
(E.5) ANY FELONY INVOLVING A DRUG -RELATED OFFENSE WITHIN
THE FIVE YEARS PRECEDING THE DATE OF APPLICATION FOR A LICENSE
;
(b) The department shall determine the convictions identified in
subsection (4)(a) of this section according to the records of the Colorado
PAGE 9-HOUSE BILL 23-1235 bureau of investigation, the ICON COLORADO STATE COURTS DATA ACCESS
system at the state judicial department, or any other source, as set forth in
section 26.5-5-316 (1)(a)(II). A certified copy of the judgment of a court of
competent jurisdiction of such conviction, deferred judgment and sentence
agreement, deferred prosecution agreement, or deferred adjudication
agreement is prima facie evidence of the conviction or agreement. The
department shall not issue a license to operate a family child care home or
a child care center if the department has a certified court order from another
state indicating that the person applying for the license has been convicted
of child abuse or any unlawful sexual offense against a child under a law of
any other state or the United States, or the department has a certified court
order from another state that the person applying for the license has entered
into a deferred judgment or deferred prosecution agreement in another state
as to child abuse or any sexual offense against a child.
SECTION 15. In Colorado Revised Statutes, 26.5-5-311, amend
(1)(a)(I) and (2)(a) as follows:
26.5-5-311. Fees - when original applications, reapplications,
and renewals for licensure are required - creation of child care
licensing cash fund - rules. (1) (a) The department is authorized to
establish, pursuant to rules promulgated by the executive director,
permanent, time-limited, and provisional license fees and fees for
continuation of a license for the following types of child care arrangements:
(I) Family child care homes, including any special type of family
child care home designated by department rules pursuant to section
26.5-5-314 (2)(n); but excluding homes certified by county departments or
child placement agencies;
(2) (a) The fees specified in subsection (1) of this section must be
paid when
AN application is made
SUBMITTED for any license is sought A
LICENSE OR RENEWAL OF A LICENSE
and are not subject to refund.
Applications for licenses are required in the situations that are set forth in
subsection (2)(b) of this section and must be made on forms prescribed by
the department. Each completed application must set forth such information
as required by the department. All licenses continue in force until revoked,
surrendered, or expired.
SECTION 16. In Colorado Revised Statutes, 26.5-5-316, amend
PAGE 10-HOUSE BILL 23-1235 (1)(a)(I)(A) and (1)(a)(II)(A) as follows:
26.5-5-316. Investigations and inspections - local authority -
reports - rules. (1) (a) (I) (A) The department shall investigate and pass on
each original application for a license, each application for a permanent or
time-limited license following the issuance of a probationary or provisional
license, and each application for renewal, to operate a facility or an agency
prior to granting the license or renewal. As part of the investigation, the
department shall require each individual, including, but not limited to, the
applicant, any owner, employee, newly hired employee, licensee, and any
adult who is eighteen years of age and older who resides in the licensed
facility, to obtain a fingerprint-based criminal history record check by
reviewing any record that is used to assist the department in ascertaining
whether the person being investigated has been convicted of any of the
criminal offenses specified in section 26.5-5-309 (4) or any other felony.
The executive director shall promulgate rules that define and identify what
the criminal history record check entails.
(II) Rules promulgated by the executive director pursuant to
subsection (1)(a)(I) of this section must also include:
(A) A comparison search on the ICON
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 for each
circumstance in which the fingerprint check conducted by the Colorado
bureau of investigation either does not confirm a criminal history or
confirms a criminal history, in order to determine the crime or crimes for
which the person was arrested or convicted and the disposition thereof;
SECTION 17. In Colorado Revised Statutes, 26.5-5-317, amend
(2) introductory portion, (2)(b), and (8) as follows:
26.5-5-317. Denial of license - suspension - revocation -
probation - refusal to renew license - fines. (2) The department may deny
an application or suspend, revoke, or make probationary the license of any
facility regulated and licensed under
PURSUANT TO this part 3 or assess a
fine against the licensee pursuant to section 26.5-5-323 if the licensee, an
affiliate of the licensee, a person employed by the licensee, or a person who
resides with the licensee at the facility:
PAGE 11-HOUSE BILL 23-1235 (b) Is convicted of third degree assault, as described in section
18-3-204; any misdemeanor, 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; the violation of a protection order, as
described in section 18-6-803.5; any misdemeanor offense of child abuse
as defined in section 18-6-401; or any misdemeanor offense in any other
state, the elements of which are substantially similar to the elements of any
one of the offenses described in this subsection (2)(b). As used in this
subsection (2)(b), "convicted" has the same meaning as set forth in section
26.5-5-309 (4)(a)(II).
(8) The department shall determine the existence of convictions
identified in this section according to the records of the Colorado bureau of
investigation, the ICON
COLORADO STATE COURTS DATA ACCESS system at
the state judicial department, or any other source, as set forth in section
26.5-5-316 (1)(a)(II).
SECTION 18. In Colorado Revised Statutes, 26.5-5-326, amend
(1)(a)(IV); and add (1)(a)(V) as follows:
26.5-5-326. Exempt family child care home providers -
fingerprint-based criminal history record check - child care assistance
program money - temporary care - rules - definitions. (1) (a) (IV) The
C
OLORADO BUREAU OF INVESTIGATION 'S BACKGROUND CHECK PORTION OF
THE
FCC required pursuant to this section is a prerequisite to the issuance
or renewal of a contract for receipt of money under
PURSUANT TO the
Colorado child care assistance program as provided in part 1 of article 4 of
this title 26.5. The department shall not issue or renew a contract for
payment of money under the Colorado child care assistance program to a
qualified provider who fails to submit to
the COLORADO BUREAU OF
INVESTIGATIONS BACKGROUND CHECK PORTION OF THE
FCC or fails to
submit fingerprints for a qualified adult.
(V) T
HE FEDERAL BUREAU OF INVESTIGATION'S PORTION OF THE FCC
REQUIRED PURSUANT TO THIS SECTION IS A PREREQUISITE TO THE ISSUANCE
OF AN INITIAL CONTRACT
, AND MUST BE CONDUCTED EVERY FIVE YEARS
THEREAFTER
, FOR RECEIPT OF MONEY PURSUANT TO THE COLORADO CHILD
CARE ASSISTANCE PROGRAM AS PROVIDED IN PART
1 OF ARTICLE 4 OF THIS
TITLE
26.5. THE DEPARTMENT SHALL NOT ISSUE OR RENEW A CONTRACT FOR
PAYMENT OF MONEY PURSUANT TO THE
COLORADO CHILD CARE ASSISTANCE
PAGE 12-HOUSE BILL 23-1235 PROGRAM TO A QUALIFIED PROVIDER WHO FAILS TO SUBMIT THE FEDERAL
BUREAU OF INVESTIGATION
'S PORTION OF THE FCC OR FAILS TO SUBMIT
FINGERPRINTS FOR A QUALIFIED ADULT AT THE TIME OF INITIAL CONTRACT
OR EVERY FIVE YEARS THEREAFTER
.
SECTION 19. In Colorado Revised Statutes, 26.5-5-328, repeal
(2), (3), and (4) as follows:
26.5-5-328. Applications for licenses. (2) The department or anyauthorized agent of the department shall deny, suspend, or revoke a license
pursuant to the provisions of section 26-13-126, and any rules promulgated
to implement said section, if the department or agent receives a notice to
deny, suspend, or revoke from the state child support enforcement agency
because the licensee or applicant is out of compliance with a court or
administrative order for current child support, child support debt, retroactive
child support, child support arrearages, or child support when combined
with maintenance or because the licensee or applicant has failed to comply
with a properly issued subpoena or warrant relating to a paternity or child
support proceeding. Any such denial, suspension, or revocation must be in
accordance with the procedures specified by rule of the department of
human services and rules promulgated by the state board of human services
for the implementation of section 26-13-126.
(3) (a) The department shall enter into a memorandum of
understanding with the state child support enforcement agency, which
memorandum must identify the relative responsibilities of the department
and the state child support enforcement agency with respect to the
implementation of this section and section 26-13-126.
(b) The executive director may promulgate rules to implement the
provisions of this section.
(4) As used in this section, "license" means any recognition,
authority, or permission that the department or any authorized agent of the
department is authorized by law to issue for an individual to practice a
profession or occupation or recreational activity. "License" includes, but is
not limited to, a license, certificate, certification, letter of authorization, or
registration issued for an individual to practice a profession or occupation
or for an individual to participate in a recreational activity.
PAGE 13-HOUSE BILL 23-1235 SECTION 20. In Colorado Revised Statutes, 19-1-307, amend
(2)(j.7), (2)(k), (2)(k.5), (2)(l), (2)(r), and (2)(y) as follows:
19-1-307. Dependency and neglect records and information -
access - fee - records and reports fund - misuse of information - penalty
- adult protective services data system check - rules. (2) Records and
reports - access to certain persons - agencies. Except as set forth in
section 19-1-303, only the following persons or agencies have access to
child abuse or neglect records and reports:
(j.7) The department of early childhood,
WHEN REQUESTED IN
WRITING BY ANY OPERATOR OF A FACILITY THAT IS
investigating an
applicant for an employee or volunteer position with, or an employee or
volunteer of, a licensed neighborhood youth organization pursuant to
section 26.5-5-308, when the applicant, employee, or volunteer has given
written authorization to the department of early childhood to check records
or reports of child abuse or neglect. A
NY OPERATOR WHO REQUESTS
INFORMATION CONCERNING AN INDIVIDUAL WHO IS NOT A CURRENT
EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS A CLASS
2
MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION 18-1.3-501.
W
ITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE DEPARTMENT
OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE REPORT OF THE
INCIDENT
, THE LOCATION OF INVESTIGATION , THE TYPE OF ABUSE AND
NEGLECT
, AND THE COUNTY THAT INVESTIGATED THE INCIDENT CONTAINED
IN THE CONFIRMED REPORTS OF CHILD ABUSE OR NEGLECT
.
(k) The state department of human services or department of early
childhood, when requested in writing by any operator of a facility or agency
that is licensed by the state department of human services pursuant to
section 26-6-912 or department of early childhood pursuant to section
26.5-5-316, to check records or reports of child abuse or neglect for the
purpose of screening an applicant for employment or a current employee.
Any operator who requests information concerning an individual who is
neither
NOT a current employee nor OR an applicant for employment
commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501. Within ten
TWENTY days after the operator's request, the state
department of human services or department of early childhood shall
provide the date of the report of the incident, the location of investigation,
the type of abuse and neglect, and the county that investigated the incident
contained in the confirmed reports of child abuse and neglect. Any operator
PAGE 14-HOUSE BILL 23-1235 who releases any information obtained under PURSUANT TO this subsection
(2)(k) to any other person violates the provisions of subsection (4) of this
section and is subject to the penalty therefor COMMITS A CLASS 2
MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION 18-1.3-501.
(k.5) The state department of human services or department of early
childhood, when requested in writing by a qualified county department,
individual, or child placement agency approved to conduct home study
investigations and reports pursuant to section 19-5-207.5 (2)(b)(I) for
purposes of screening a prospective adoptive parent or any adult residing
in the home under
PURSUANT TO section 19-5-207 (2.5)(c), or investigating
a prospective foster care parent, kinship care parent, or an adult residing in
the home under
PURSUANT TO section 26-6-912 (1)(c). Within ten TWENTY
days after the request, the state department of human services or department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse or neglect. The county department, individual, or child placement agency is subject to the fee assessment established in subsection (2.5) of this section. With respect to screening a prospective adoptive parent, any employee of the county department or the child placement agency or any individual who releases any information obtained pursuant to this subsection (2)(k.5) to any person other than the adoption court violates the
provisions of subsection (4) of this section and is subject to the penalty
therefor COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED
PURSUANT TO SECTION
18-1.3-501.
(l) The state department of human services or department of early
childhood, when requested in writing by the department of education to
check records or reports of child abuse or neglect for the purpose of aiding
the department of education in its investigation of an allegation of abuse by
an employee of a school district in this state. Within ten
TWENTY days of
AFTER the department of education's request, the state department of human
services or department of early childhood shall provide the date of the
report of the incident, the location of investigation, the type of abuse or
neglect, and the county that investigated the incident contained in the
confirmed reports of child abuse or neglect. The department of education
is subject to the fee assessment established in subsection (2.5) of this
section. Any employee of the department of education who releases any
information obtained under this subsection (2)(l) to any person not
PAGE 15-HOUSE BILL 23-1235 authorized to receive the information pursuant to the provisions of section
22-32-109.7 or any member of the board of education of a school district
who releases the information obtained pursuant to said section violates the
provisions of subsection (4) of this section and is subject to the penalty for
the violation SECTION 22-32-109.7 COMMITS A CLASS 2 MISDEMEANOR AND
SHALL BE PUNISHED PURSUANT TO SECTION
18-1.3-501.
(r) The department of early childhood,
WHEN REQUESTED IN WRITING
BY ANY OPERATOR OF A GUEST CHILD CARE FACILITY OR PUBLIC SERVICE
SHORT
-TERM CHILD CARE FACILITY THAT IS investigating an applicant for a
supervisory employee position or an employee of a guest child care facility
or a public services short-term child care facility pursuant to section
26.5-5-307, when the applicant or employee, as a requirement of application
for employment, has given written authorization to the department of early
childhood to check records or reports of child abuse or neglect. A
NY
OPERATOR WHO REQUESTS INFORMATION CONCERNING AN INDIVIDUAL WHO
IS NOT A CURRENT EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS
A CLASS
2 MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION
18-1.3-501. WITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE
DEPARTMENT OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE
REPORT OF THE INCIDENT
, THE LOCATION OF INVESTIGATION, THE TYPE OF
ABUSE AND NEGLECT
, AND THE COUNTY THAT INVESTIGATED THE INCIDENT
CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE AND NEGLECT
.
(y) The state department of human services, or
department of early
childhood,
OR A REQUESTING INDIVIDUAL, OR THE INDIVIDUAL'S DESIGNEE,
AFTER PROOF OF IDENTIFICATION , when requested in writing by anindividual to check records or reports of child abuse or neglect OF THE
REQUESTING INDIVIDUAL
for the purpose of screening that
THE REQUESTING
individual when that THE REQUESTING individual's responsibilities include
care of children, treatment of children, supervision of children, or
unsupervised contact with children.
SECTION 21. In Colorado Revised Statutes, 25-4-2206, amend
(2)(a) introductory portion, (2)(a)(XII), and (2)(a)(XIII); and add
(2)(a)(XIV) as follows:
25-4-2206. Health equity commission - creation - repeal.
(2) (a) The commission consists of the following twenty-two
TWENTY-THREE members, who are as follows:
PAGE 16-HOUSE BILL 23-1235 (XII) The executive director of the department of corrections, or the
executive director's designee; and
(XIII) The executive director of the department of higher education,
or the executive director's designee;
AND
(XIV) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY
CHILDHOOD
, OR THE EXECUTIVE DIRECTOR'S DESIGNEE.
SECTION 22. Safety clause. The general assembly hereby finds,
PAGE 17-HOUSE BILL 23-1235 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 18-HOUSE BILL 23-1235