First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0854.01 Alana Rosen x2606
HOUSE BILL 23-1235
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING TECHNICAL MODIFICAT IONS TO THE DEPARTMENT OF101
EARLY CHILDHOOD .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Title 26.5 of the Colorado Revised Statutes relates primarily to
early childhood programs and services. In 2022, the general assembly
enacted House Bill 22-1295, which established the duties of the
department of early childhood (department), relocated early childhood
programs from the departments of human services and education to the
department, and created the Colorado universal preschool program in the
HOUSE SPONSORSHIP
Sirota,
SENATE SPONSORSHIP
Buckner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. department.
The bill makes technical changes to title 26.5 and related statutes,
including:
! Updates language regarding gifts, grants, and donations to
achieve uniformity;
! Allows the department to enter into sole source contracts
for early literacy programming and whole-child services;
! Adds the executive director of the department to the health
equity commission;
! Adds the commissioner of the behavioral health
administration to the Colorado child abuse prevention
board;
! Clarifies reporting dates to ensure the department can
complete and report data in a timely manner;
! Clarifies the department's responsibilities concerning child
abuse or neglect record checks;
! Amends background and record check language to align
with current federal and state practices and standards;
! Clarifies definitions;
! Updates references from "ICON" to "Colorado state courts
data access system"; and
! Eliminates technical language no longer used in child care
licensing.
The bill makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 26.5-1-106, amend2
(7) as follows:3
26.5-1-106. Transfer of functions - employees - property -4
contracts. (7) The executive director, or the executive director's5
designee, may
SEEK, accept, AND EXPEND, on behalf of and in the name6
of the state, gifts, grants, and donations for any purpose connected with7
the powers, duties, and functions of the department. The state treasurer8
shall hold any property so given, but the executive director, or the9
executive director's designee, may direct the disposition of any property10
so given for any purpose consistent with the terms and conditions under11
HB23-1235-2- which the gift was created.1
SECTION 2. In Colorado Revised Statutes, 26.5-2-209, amend2
(2) as follows:3
26.5-2-209. Early childhood cash fund - creation. (2) The4
department is authorized to seek, and accept, AND EXPEND, gifts, grants,5
or donations from private and public sources for the purposes of this part6
2. All private and public money received through gifts, grants, or7
donations must be transmitted to the state treasurer, who shall credit the8
same to the fund. The money in the fund is subject to annual9
appropriation by the general assembly to the department for the direct and10
indirect costs associated with the implementation of this part 2.11
SECTION 3. In Colorado Revised Statutes, 26.5-3-103, amend12
(1)(c)(III) as follows:13
26.5-3-103. Program created - repeal. (1) (c) (III) The14
department may
SEEK, accept, and expend any grants from any public or15
private source for the purpose of making grants to community applicants16
for the establishment or continued operation of family resource centers17
and for the purpose of evaluating the effectiveness of the family resource18
center program. This part 1 does not prohibit a family resource center19
from
SEEKING, accepting, and expending funds received through an20
authorized contract, grants, or donations from public or private sources.21
SECTION 4. In Colorado Revised Statutes, 26.5-3-204, amend22
(2)(e); and add (2)(l) as follows:23
26.5-3-204. Colorado child abuse prevention board - creation24
- members - terms - vacancies. (2) The board consists of nineteen25
members, with a consideration for geographic diversity, as follows:26
(e) Three
TWO persons appointed by the governor and confirmed27
HB23-1235
-3- by the senate who are knowledgeable in the area of child abuse1
prevention and represent some of the following areas: Law enforcement,2
medicine, law, business, public policy, mental health, intimate partner3
violence, early childhood education, elementary and secondary education,4
reducing poverty and helping families gain economic stability, the5
connection between housing instability and trauma, higher education,6
research and program evaluation, and social work. In making7
appointments to the board, the governor is encouraged to include8
representation by at least one member who is a person with a disability,9
as defined in section 24-34-301 (2.5), a family member of a person with10
a disability, or a member of an advocacy group for persons with11
disabilities, so long as the other requirements of this subsection (2)(e) are12
met.13
(l) T
HE COMMISSIONER OF THE BEHAVIORAL HEALTH14
ADMINISTRATION, CREATED IN SECTION 27-50-102, OR THE15
COMMISSIONER'S DESIGNEE.16
SECTION 5. In Colorado Revised Statutes, 26.5-3-205, amend17
(1)(j) as follows:18
26.5-3-205. Powers and duties of the board. (1) The board has19
the following powers and duties:20
(j) To accept grants from the federal government, as well as to21
solicit and
SEEK, accept, AND EXPEND contributions, grants, gifts,22
bequests, and donations from individuals, private organizations, and23
foundations; and24
SECTION 6. In Colorado Revised Statutes, 26.5-3-805, amend25
(4) as follows:26
26.5-3-805. Early care and education recruitment and27
HB23-1235
-4- retention grant and scholarship program - created - criteria and1
eligibility - grant and scholarship awards - reports - funding - rules2
- definitions - repeal. (4) The executive director shall MAY promulgate3
rules regarding criteria, timelines, and the administration of the program4
pursuant to the requirements outlined in this section.5
SECTION 7. In Colorado Revised Statutes, 26.5-4-114, amend6
(1)(f) as follows:7
26.5-4-114. Colorado child care assistance program -8
reporting requirements. (1) On or before November 1, 2022, and on or9
before November 1 each year thereafter, the department shall prepare a10
report on CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the11
department shall provide the report to the joint budget committee of the12
general assembly, the public and behavioral health and human services13
committee of the house of representatives, and the health and human14
services committee of the senate, or any successor committees. The report15
must include, at a minimum, the following information related to16
benchmarks of success for CCCAP:17
(f) The number of families on each county's wait list as of18
November 1 OCTOBER 1 of each year, as well as the average length of19
time each family remains on the wait list in each county;20
SECTION 8. In Colorado Revised Statutes, 26.5-4-208, amend21
(4)(a) and (6)(d) as follows:22
26.5-4-208. Preschool provider funding - per-child rates - local23
contribution - distribution and use of money - definitions - repeal.24
(4) (a) Notwithstanding any provision of this section to the contrary, if25
the funding that a preschool provider that is a school district or a charter26
school receives pursuant to this section for eligible children enrolled in27
HB23-1235
-5- the preschool program for the 2023-24 fiscal year, calculated as the1
per-child rates for the 2023-24 fiscal year multiplied by the number of2
eligible children the preschool provider enrolls for the 2023-24 fiscal3
year, is less than the amount of funding allotted for the 2022-23 fiscal4
year for the children the preschool provider enrolled through the Colorado5
preschool program, as it exists prior to July 1, 2023, calculated as fifty6
percent of the preschool provider's per pupil funding, as described in7
section 22-54-104 (3) or (3.5), whichever is applicable, for the 2022-238
fiscal year multiplied by the number of children PRESCHOOL POSITIONS the9
preschool provider enrolled through the Colorado preschool program and10
directly served for the 2022-23 fiscal year, the department shall distribute11
to the preschool provider for the 2023-24 fiscal year an amount equal to12
the difference in said amounts.13
(6) As used in this section, unless the context otherwise requires:14
(d) "State average per pupil funding amount" means the statewide15
total amount of THE per pupil funding AMOUNTS, as described in section16
22-54-104 (3) or (3.5),
FOR ALL SCHOOL DISTRICTS IN THE STATE AS17
calculated for all school districts for
the 2022-23 budget year divided by18
the statewide total funded pupil count, minus the statewide total district19
extended high school pupil enrollment and the statewide total online pupil20
enrollment, for the 2022-23 budget year TOTAL NUMBER OF SCHOOL21
DISTRICTS, THEN MULTIPLIED BY FIFTY PERCENT.22
SECTION 9. In Colorado Revised Statutes, 26.5-5-102, amend23
(7)(c)(IV) and (7)(c)(V); and add (7)(c)(VI) as follows:24
26.5-5-102. School-readiness quality improvement program -25
created - rules. (7) (c) The department is authorized to enter into a26
sole-source contract with an organization to provide the following:27
HB23-1235
-6- (IV) Parent and consumer education on the importance of quality1
early childhood education; and2
(V) Professional development activities;
AND3
(VI) E
ARLY LITERACY PROGRAMMING , RELATED SUPPORTS, AND4
WHOLE-CHILD SERVICES.5
SECTION 10. In Colorado Revised Statutes, 26.5-5-303, amend6
(1), (3), (7), (12), (13), and (16)(a); repeal (11); and add (1.5) and (5.5)7
as follows:8
26.5-5-303. Definitions. As used in this part 3, unless the context9
otherwise requires:10
(1) "Affiliate of a licensee" means:
11
(a) Any person or entity that owns more than five percent of the12
ownership interest in the business operated by the licensee or the13
applicant for a license; or14
(b) Any person who is directly responsible for the care and15
welfare of children served; or16
(c) Any executive, officer, member of the governing board, or17
employee of a licensee; or18
(d) A relative of a licensee, which relative provides care to19
children at the licensee's facility or is otherwise involved in the20
management or operations of the licensee's facility. "ADVERSE ACTION"21
HAS THE SAME MEANING AS "NEGATIVE LICENSING ACTION" AS DEFINED IN22
SUBSECTION (16)(a) OF THIS SECTION.23
(1.5) "A
FFILIATE OF A LICENSEE" MEANS:24
(a) A
NY PERSON OR ENTITY THAT OWNS MORE THAN FIVE PERCENT25
OF THE OWNERSHIP INTEREST IN THE BUSINESS OPERATED BY THE LICENSEE26
OR THE APPLICANT FOR A LICENSE; OR27
HB23-1235
-7- (b) ANY PERSON WHO IS DIRECTLY RESPONSIBLE FOR THE CARE1
AND WELFARE OF CHILDREN SERVED ; OR2
(c) A
NY EXECUTIVE, OFFICER, MEMBER OF THE GOVERNING BOARD ,3
OR EMPLOYEE OF A LICENSEE; OR4
(d) A
RELATIVE OF A LICENSEE, WHICH RELATIVE PROVIDES CARE5
TO CHILDREN AT THE LICENSEE'S FACILITY OR IS OTHERWISE INVOLVED IN6
THE MANAGEMENT OR OPERATIONS OF THE LICENSEE 'S FACILITY.7
(3) (a) (I)
"Child care center" prior to July 1, 2024, means a8
facility, by whatever name known, that is maintained for the whole or part9
of a day for the care of five or more children, unless otherwise specified10
in this subsection (3)(a)(I) SUBSECTION (3), who are eighteen years of age11
or younger and who are not related to the owner, operator, or manager12
thereof, whether the facility is operated with or without compensation for13
such care and with or without stated educational purposes. The term14
includes, but is not limited to, facilities commonly known as child care15
centers, school-age child care centers, before- and after-school programs,16
kindergartens, preschools, day camps, and summer camps, and includes17
those facilities for children under six years of age with stated educational18
purposes operated in conjunction with a public, private, or parochial19
college or a private or parochial school; except that the term does not20
apply to any kindergarten maintained in connection with a public, private,21
or parochial elementary school system of at least six grades.22
(II) This subsection (3)(a) is repealed, effective July 1, 2024.23
(b) "Child care center", on and after July 1, 2024, means a facility,24
by whatever name known, that is maintained for the whole or part of a25
day for the care of five or more children, unless otherwise specified in26
this subsection (3)(b), who are eighteen years of age or younger and who27
HB23-1235
-8- are not related to the owner, operator, or manager thereof, whether the1
facility is operated with or without compensation for such care and with2
or without stated educational purposes. The term includes, but is not3
limited to, facilities commonly known as child care centers, school-age4
child care centers, before- and after-school programs, kindergartens,5
preschools, day camps, and summer camps, and includes those facilities6
for children under six years of age with stated educational purposes7
operated in conjunction with a public, private, or parochial college or a8
private or parochial school; except that the term does not apply to any9
kindergarten maintained in connection with a public, private, or parochial10
elementary school system of at least six grades.11
(5.5) "C
OLORADO STATE COURTS DATA ACCESS SYSTEM " MEANS12
THE OFFICIAL PUBLIC ACCESS SITE FOR THE COLORADO JUDICIAL BRANCH13
MAINTAINED BY THE COLORADO STATE COURT ADMINISTRATOR 'S OFFICE14
CONTAINING READ-ONLY ACCESS TO COURT DATA , INCLUDING A NAME15
INDEX AND REGISTER OF ACTIONS.16
(7) "Family child care home" means a facility for child care17
operated with or without compensation or educational purposes in a place18
of residence of a family or person for the purpose of providing less than19
twenty-four-hour care for children under the age of eighteen years who20
are not related to the head of such home. "Family child care home" may21
include infant-toddler child care homes, large
FAMILY child care homes,22
experienced provider
child care PROVIDER homes, and such other types23
of family child care homes designated by department rules pursuant to24
section 26.5-5-314 (2)(n), as the executive director deems necessary and25
appropriate.26
(11) "ICON" means the computerized database of court records27
HB23-1235
-9- known as the integrated Colorado online network used by the state1
judicial department.2
(12) "Kindergarten" means any facility providing an educational3
program for children only for the year preceding their entrance to the first4
grade, whether such facility is called a kindergarten, nursery school,5
preschool, or any other name.6
(13) "License" means a legal document issued pursuant to this7
part 3 granting permission to operate a child care facility. A license may8
be in the form of a provisional, probationary, permanent, or time-limited9
license OR PERMANENT LICENSE.10
(16) (a) "Negative licensing action",
OR "ADVERSE ACTION",11
means a final agency action resulting in the denial of an application, the12
imposition of fines, or the suspension or revocation of a license issued13
pursuant to this part 3 or the demotion of such a license to a probationary14
license.15
SECTION 11. In Colorado Revised Statutes, 26.5-5-304, amend16
(1)(f)(I) introductory portion as follows:17
26.5-5-304. Application of part - definition - repeal. (1) This18
part 3 does not apply to:19
(f) (I) An individual who provides less than twenty-four-hour20
child care in a
THE INDIVIDUAL'S PERMANENT place of residence when21
one of the following conditions is met:22
SECTION 12. In Colorado Revised Statutes, 26.5-5-307, amend23
(2)(f)(III)(A) and (2)(g)(III)(A) as follows:24
26.5-5-307. Application of part - guest child care facilities -25
public services short-term child care facilities - definition. (2) A26
person or entity shall not operate a guest child care facility or a public27
HB23-1235
-10- services short-term child care facility unless the following requirements1
are met:2
(f) (III) (A) The guest child care facility or public services3
short-term child care facility requests the department to obtain a4
comparison search on the ICON COLORADO STATE COURTS DATA ACCESS5
system at the state judicial department with the name and date of birth6
information and any other available source of criminal history7
information that the department determines is appropriate, whether or not8
the criminal history background check confirms a criminal history, in9
order to determine the crime or crimes, if any, for which the supervisory10
employee or applicant for a supervisory employee position was arrested11
or convicted and the disposition thereof; and12
(g) (III) (A) The guest child care facility or public services13
short-term child care facility requests the department to obtain a14
comparison search on the ICON COLORADO STATE COURTS DATA ACCESS15
system at the state judicial department with the name and date of birth16
information and any other available source of criminal history17
information that the department determines is appropriate, whether or not18
the criminal history background check confirms a criminal history, in19
order to determine the crime or crimes, if any, for which the employee20
was arrested or convicted and the disposition thereof; and21
SECTION 13. In Colorado Revised Statutes, 26.5-5-308, amend22
(4)(c) as follows:23
26.5-5-308. Application of part - neighborhood youth24
organizations - rules - licensing - duties and responsibilities -25
definitions. (4) A licensed neighborhood youth organization shall26
require all employees and volunteers who work directly with or will work27
HB23-1235
-11- directly with youth members five or more days in a calendar month to1
obtain, prior to employment, and every two years thereafter, one of the2
following:3
(c) A comparison search by the department on the ICON4
C
OLORADO STATE COURTS DATA ACCESS system of the state judicial5
department or a comparison search on any other database that is6
recognized on a statewide basis by using the name, date of birth, and7
social security number information that the department determines is8
appropriate to determine whether the person being investigated has been9
convicted of felony child abuse as specified in section 18-6-401 or a10
felony offense involving unlawful sexual behavior as defined in section11
16-22-102 (9). The neighborhood youth organization shall not hire a12
person as an employee or approve a person as a volunteer after13
confirmation of such a criminal history.14
SECTION 14. In Colorado Revised Statutes, 26.5-5-309, amend15
(4)(a)(I)(E) and (4)(b); and add (4)(a)(I)(E.5) as follows: 16
26.5-5-309. Licenses - rules - definition. (4) (a) (I) The17
department shall not issue a license to operate a family child care home18
or a child care center if the applicant for the license, an affiliate of the19
applicant, a person employed by the applicant, or a person who resides20
with the applicant at the facility has been convicted of:21
(E) Any felony involving physical assault
OR battery; or a
22
drug-related offense within the five years preceding the date of23
application for a license;24
(E.5) A
NY FELONY INVOLVING A DRUG-RELATED OFFENSE WITHIN25
THE FIVE YEARS PRECEDING THE DATE OF APPLICATION FOR A LICENSE ;26
(b) The department shall determine the convictions identified in27
HB23-1235
-12- subsection (4)(a) of this section according to the records of the Colorado1
bureau of investigation, the ICON COLORADO STATE COURTS DATA2
ACCESS system at the state judicial department, or any other source, as set3
forth in section 26.5-5-316 (1)(a)(II). A certified copy of the judgment of4
a court of competent jurisdiction of such conviction, deferred judgment5
and sentence agreement, deferred prosecution agreement, or deferred6
adjudication agreement is prima facie evidence of the conviction or7
agreement. The department shall not issue a license to operate a family8
child care home or a child care center if the department has a certified9
court order from another state indicating that the person applying for the10
license has been convicted of child abuse or any unlawful sexual offense11
against a child under a law of any other state or the United States, or the12
department has a certified court order from another state that the person13
applying for the license has entered into a deferred judgment or deferred14
prosecution agreement in another state as to child abuse or any sexual15
offense against a child.16
SECTION 15. In Colorado Revised Statutes, 26.5-5-311, amend17
(1)(a)(I) and (2)(a) as follows:18
26.5-5-311. Fees - when original applications, reapplications,19
and renewals for licensure are required - creation of child care20
licensing cash fund - rules. (1) (a) The department is authorized to21
establish, pursuant to rules promulgated by the executive director,22
permanent, time-limited, and provisional license fees and fees for23
continuation of a license for the following types of child care24
arrangements:25
(I) Family child care homes, including any special type of family26
child care home designated by department rules pursuant to section27
HB23-1235
-13- 26.5-5-314 (2)(n); but excluding homes certified by county departments1
or child placement agencies;2
(2) (a) The fees specified in subsection (1) of this section must be3
paid when
AN application is made
SUBMITTED for any license is sought4
A LICENSE OR RENEWAL OF A LICENSE and are not subject to refund.5
Applications for licenses are required in the situations that are set forth6
in subsection (2)(b) of this section and must be made on forms prescribed7
by the department. Each completed application must set forth such8
information as required by the department. All licenses continue in force9
until revoked, surrendered, or expired.10
SECTION 16. In Colorado Revised Statutes, 26.5-5-316, amend11
(1)(a)(I)(A) and (1)(a)(II)(A) as follows:12
26.5-5-316. Investigations and inspections - local authority -13
reports - rules. (1) (a) (I) (A) The department shall investigate and pass14
on each original application for a license, each application for a15
permanent or time-limited license following the issuance of a16
probationary or provisional license, and each application for renewal, to17
operate a facility or an agency prior to granting the license or renewal. As18
part of the investigation, the department shall require each individual,19
including, but not limited to, the applicant, any owner, employee, newly20
hired employee, licensee, and any adult who is eighteen years of age and21
older who resides in the licensed facility, to obtain a fingerprint-based22
criminal history record check by reviewing any record that is used to23
assist the department in ascertaining whether the person being24
investigated has been convicted of any of the criminal offenses specified25
in section 26.5-5-309 (4) or any other felony. The executive director shall26
promulgate rules that define and identify what the criminal history record27
HB23-1235
-14- check entails.1
(II) Rules promulgated by the executive director pursuant to2
subsection (1)(a)(I) of this section must also include:3
(A) A comparison search on the ICON COLORADO STATE COURTS4
DATA ACCESS system at the state judicial department with the name and5
date of birth information and any other available source of criminal6
history information that the department determines is appropriate for each7
circumstance in which the fingerprint check conducted by the Colorado8
bureau of investigation either does not confirm a criminal history or9
confirms a criminal history, in order to determine the crime or crimes for10
which the person was arrested or convicted and the disposition thereof;11
SECTION 17. In Colorado Revised Statutes, 26.5-5-317, amend12
(2) introductory portion, (2)(b), and (8) as follows:13
26.5-5-317. Denial of license - suspension - revocation -14
probation - refusal to renew license - fines. (2) The department may15
deny an application or suspend, revoke, or make probationary the license16
of any facility regulated and licensed under PURSUANT TO this part 3 or17
assess a fine against the licensee pursuant to section 26.5-5-323 if the18
licensee, an affiliate of the licensee, a person employed by the licensee,19
or a person who resides with the licensee at the facility:20
(b) Is convicted of third degree assault, as described in section21
18-3-204; any misdemeanor, the underlying factual basis of which has22
been found by the court on the record to include an act of domestic23
violence, as defined in section 18-6-800.3; the violation of a protection24
order, as described in section 18-6-803.5; any misdemeanor offense of25
child abuse as defined in section 18-6-401; or any misdemeanor offense26
in any other state, the elements of which are substantially similar to the27
HB23-1235
-15- elements of any one of the offenses described in this subsection (2)(b).1
As used in this subsection (2)(b), "convicted" has the same meaning as2
set forth in section 26.5-5-309 (4)(a)(II).3
(8) The department shall determine the existence of convictions4
identified in this section according to the records of the Colorado bureau5
of investigation, the ICON COLORADO STATE COURTS DATA ACCESS6
system at the state judicial department, or any other source, as set forth7
in section 26.5-5-316 (1)(a)(II).8
SECTION 18. In Colorado Revised Statutes, 26.5-5-326, amend9
(1)(a)(IV); and add (1)(a)(V) as follows:10
26.5-5-326. Exempt family child care home providers -11
fingerprint-based criminal history record check - child care12
assistance program money - temporary care - rules - definitions.13
(1) (a) (IV) The C
OLORADO BUREAU OF INVESTIGATION 'S BACKGROUND14
CHECK PORTION OF THE FCC required pursuant to this section is a15
prerequisite to the issuance or renewal of a contract for receipt of money16
under
PURSUANT TO the Colorado child care assistance program as17
provided in part 1 of article 4 of this title 26.5. The department shall not18
issue or renew a contract for payment of money under the Colorado child19
care assistance program to a qualified provider who fails to submit to the20
C
OLORADO BUREAU OF INVESTIGATIONS BACKGROUND CHECK PORTION21
OF THE FCC or fails to submit fingerprints for a qualified adult.22
(V) T
HE FEDERAL BUREAU OF INVESTIGATION 'S PORTION OF THE23
FCC
REQUIRED PURSUANT TO THIS SECTION IS A PREREQUISITE TO THE24
ISSUANCE OF AN INITIAL CONTRACT, AND MUST BE CONDUCTED EVERY25
FIVE YEARS THEREAFTER, FOR RECEIPT OF MONEY PURSUANT TO THE26
C
OLORADO CHILD CARE ASSISTANCE PROGRAM AS PROVIDED IN PART 1 OF27
HB23-1235
-16- ARTICLE 4 OF THIS TITLE 26.5. THE DEPARTMENT SHALL NOT ISSUE OR1
RENEW A CONTRACT FOR PAYMENT OF MONEY PURSUANT TO THE2
C
OLORADO CHILD CARE ASSISTANCE PROGRAM TO A QUALIFIED PROVIDER3
WHO FAILS TO SUBMIT THE FEDERAL BUREAU OF INVESTIGATION 'S PORTION4
OF THE FCC OR FAILS TO SUBMIT FINGERPRINTS FOR A QUALIFIED ADULT5
AT THE TIME OF INITIAL CONTRACT OR EVERY FIVE YEARS THEREAFTER .6
SECTION 19. In Colorado Revised Statutes, 26.5-5-328, repeal7
(2), (3), and (4) as follows:8
26.5-5-328. Applications for licenses. (2) The department or any
9
authorized agent of the department shall deny, suspend, or revoke a10
license pursuant to the provisions of section 26-13-126, and any rules11
promulgated to implement said section, if the department or agent12
receives a notice to deny, suspend, or revoke from the state child support13
enforcement agency because the licensee or applicant is out of14
compliance with a court or administrative order for current child support,15
child support debt, retroactive child support, child support arrearages, or16
child support when combined with maintenance or because the licensee17
or applicant has failed to comply with a properly issued subpoena or18
warrant relating to a paternity or child support proceeding. Any such19
denial, suspension, or revocation must be in accordance with the20
procedures specified by rule of the department of human services and21
rules promulgated by the state board of human services for the22
implementation of section 26-13-126.23
(3) (a) The department shall enter into a memorandum of24
understanding with the state child support enforcement agency, which25
memorandum must identify the relative responsibilities of the department26
and the state child support enforcement agency with respect to the27
HB23-1235
-17- implementation of this section and section 26-13-126.1
(b) The executive director may promulgate rules to implement the2
provisions of this section.3
(4) As used in this section, "license" means any recognition,4
authority, or permission that the department or any authorized agent of5
the department is authorized by law to issue for an individual to practice6
a profession or occupation or recreational activity. "License" includes,7
but is not limited to, a license, certificate, certification, letter of8
authorization, or registration issued for an individual to practice a9
profession or occupation or for an individual to participate in a10
recreational activity.11
SECTION 20. In Colorado Revised Statutes, 19-1-307, amend12
(2)(j.7), (2)(k), (2)(k.5), (2)(l), (2)(r), and (2)(y) as follows:13
19-1-307. Dependency and neglect records and information -14
access - fee - records and reports fund - misuse of information -15
penalty - adult protective services data system check - rules.16
(2) Records and reports - access to certain persons - agencies. Except17
as set forth in section 19-1-303, only the following persons or agencies18
have access to child abuse or neglect records and reports:19
(j.7) The department of early childhood,
WHEN REQUESTED IN20
WRITING BY ANY OPERATOR OF A FACILITY THAT IS investigating an21
applicant for an employee or volunteer position with, or an employee or22
volunteer of, a licensed neighborhood youth organization pursuant to23
section 26.5-5-308, when the applicant, employee, or volunteer has given24
written authorization to the department of early childhood to check25
records or reports of child abuse or neglect. A
NY OPERATOR WHO26
REQUESTS INFORMATION CONCERNING AN INDIVIDUAL WHO IS NOT A27
HB23-1235
-18- CURRENT EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS A1
CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION2
18-1.3-501.
WITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE3
DEPARTMENT OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE4
REPORT OF THE INCIDENT, THE LOCATION OF INVESTIGATION, THE TYPE OF5
ABUSE AND NEGLECT , AND THE COUNTY THAT INVESTIGATED THE6
INCIDENT CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE OR7
NEGLECT.8
(k) The state department of human services or department of early9
childhood, when requested in writing by any operator of a facility or10
agency that is licensed by the state department of human services11
pursuant to section 26-6-912 or department of early childhood pursuant12
to section 26.5-5-316, to check records or reports of child abuse or13
neglect for the purpose of screening an applicant for employment or a14
current employee. Any operator who requests information concerning an15
individual who is neither
NOT a current employee nor OR an applicant for16
employment commits a class 2 misdemeanor and shall be punished as17
provided in section 18-1.3-501. Within ten TWENTY days after the18
operator's request, the state department of human services or department19
of early childhood shall provide the date of the report of the incident, the20
location of investigation, the type of abuse and neglect, and the county21
that investigated the incident contained in the confirmed reports of child22
abuse and neglect. Any operator who releases any information obtained23
under PURSUANT TO this subsection (2)(k) to any other person violates the24
provisions of subsection (4) of this section and is subject to the penalty25
therefor COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED26
PURSUANT TO SECTION 18-1.3-501.27
HB23-1235
-19- (k.5) The state department of human services or department of1
early childhood, when requested in writing by a qualified county2
department, individual, or child placement agency approved to conduct3
home study investigations and reports pursuant to section 19-5-207.54
(2)(b)(I) for purposes of screening a prospective adoptive parent or any5
adult residing in the home under PURSUANT TO section 19-5-207 (2.5)(c),6
or investigating a prospective foster care parent, kinship care parent, or7
an adult residing in the home under PURSUANT TO section 26-6-9128
(1)(c). Within ten TWENTY days after the request, the state department of9
human services or department of early childhood shall provide the date10
of the report of the incident, the location of investigation, the type of11
abuse and neglect, and the county that investigated the incident contained12
in the confirmed reports of child abuse or neglect. The county13
department, individual, or child placement agency is subject to the fee14
assessment established in subsection (2.5) of this section. With respect15
to screening a prospective adoptive parent, any employee of the county16
department or the child placement agency or any individual who releases17
any information obtained pursuant to this subsection (2)(k.5) to any18
person other than the adoption court violates the provisions of subsection19
(4) of this section and is subject to the penalty therefor COMMITS A CLASS20
2
MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION21
18-1.3-501.22
(l) The state department of human services or department of early23
childhood, when requested in writing by the department of education to24
check records or reports of child abuse or neglect for the purpose of25
aiding the department of education in its investigation of an allegation of26
abuse by an employee of a school district in this state. Within ten
27
HB23-1235
-20- TWENTY days of AFTER the department of education's request, the state1
department of human services or department of early childhood shall2
provide the date of the report of the incident, the location of3
investigation, the type of abuse or neglect, and the county that4
investigated the incident contained in the confirmed reports of child5
abuse or neglect. The department of education is subject to the fee6
assessment established in subsection (2.5) of this section. Any employee7
of the department of education who releases any information obtained8
under this subsection (2)(l) to any person not authorized to receive the9
information pursuant to the provisions of section 22-32-109.7 or any10
member of the board of education of a school district who releases the11
information obtained pursuant to said section violates the provisions of12
subsection (4) of this section and is subject to the penalty for the violation13
SECTION 22-32-109.7 COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE14
PUNISHED PURSUANT TO SECTION 18-1.3-501.15
(r) The department of early childhood,
WHEN REQUESTED IN16
WRITING BY ANY OPERATOR OF A GUEST CHILD CARE FACILITY OR PUBLIC17
SERVICE SHORT-TERM CHILD CARE FACILITY THAT IS investigating an18
applicant for a supervisory employee position or an employee of a guest19
child care facility or a public services short-term child care facility20
pursuant to section 26.5-5-307, when the applicant or employee, as a21
requirement of application for employment, has given written22
authorization to the department of early childhood to check records or23
reports of child abuse or neglect. A
NY OPERATOR WHO REQUESTS24
INFORMATION CONCERNING AN INDIVIDUAL WHO IS NOT A CURRENT25
EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS A CLASS 226
MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION27
HB23-1235
-21- 18-1.3-501. WITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE1
DEPARTMENT OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE2
REPORT OF THE INCIDENT, THE LOCATION OF INVESTIGATION, THE TYPE OF3
ABUSE AND NEGLECT , AND THE COUNTY THAT INVESTIGATED THE4
INCIDENT CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE AND5
NEGLECT.6
(y) The state department of human services, or department of7
early childhood,
OR A REQUESTING INDIVIDUAL, OR THE INDIVIDUAL'S8
DESIGNEE, AFTER PROOF OF IDENTIFICATION, when requested in writing9
by an individual
to check records or reports of child abuse or neglect OF10
THE REQUESTING INDIVIDUAL for the purpose of screening that THE11
REQUESTING individual when that THE REQUESTING individual's12
responsibilities include care of children, treatment of children,13
supervision of children, or unsupervised contact with children.14
SECTION 21. In Colorado Revised Statutes, 25-4-2206, amend15
(2)(a) introductory portion, (2)(a)(XII), and (2)(a)(XIII); and add16
(2)(a)(XIV) as follows:17
25-4-2206. Health equity commission - creation - repeal.18
(2) (a) The commission consists of the following twenty-two19
TWENTY-THREE members, who are as follows:20
(XII) The executive director of the department of corrections, or21
the executive director's designee; and22
(XIII) The executive director of the department of higher23
education, or the executive director's designee;
AND24
(XIV) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY25
CHILDHOOD, OR THE EXECUTIVE DIRECTOR'S DESIGNEE.26
SECTION 22. Safety clause. The general assembly hereby finds,27
HB23-1235
-22- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
HB23-1235
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