Colorado 2023 Regular Session

Colorado House Bill HB1235 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Approve First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0854.01 Alana Rosen x2606
1	8		HOUSE BILL 23-1235
2		-	BY REPRESENTATIVE(S) Sirota, Bacon, Bird, Boesenecker, Brown,
3		-	Epps, Froelich, Garcia, Hamrick, Jodeh, Lieder, Lindstedt, Marshall,
4		-	Martinez, McLachlan, Michaelson Jenet, Ortiz, Ricks, Snyder, Young;
5		-	also SENATOR(S) Buckner, Bridges, Coleman, Cutter, Exum, Fields,
6		-	Gonzales, Marchman, Priola, Sullivan, Winter F., Zenzinger, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Education Education
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING TECHNICAL MODIFICATIONS TO THE DEPARTMENT OF EARLY
9		-	CHILDHOOD
10		-	.
11		-
12		-	Be it enacted by the General Assembly of the State of Colorado:
13		-	SECTION 1. In Colorado Revised Statutes, 26.5-1-106, amend (7)
14		-	as follows:
15		-	26.5-1-106. Transfer of functions - employees - property -
16		-	contracts. (7) The executive director, or the executive director's designee,
17		-	may
18		-	SEEK, accept, AND EXPEND, on behalf of and in the name of the state,
19		-	gifts, grants, and donations for any purpose connected with the powers,
20		-	duties, and functions of the department. The state treasurer shall hold any
21		-	property so given, but the executive director, or the executive director's
22		-	designee, may direct the disposition of any property so given for any
23		-	purpose consistent with the terms and conditions under which the gift was
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. created.
32		-	SECTION 2. In Colorado Revised Statutes, 26.5-2-209, amend (2)
33		-	as follows:
34		-	26.5-2-209. Early childhood cash fund - creation. (2) The
35		-	department is authorized to seek, and accept, AND EXPEND, gifts, grants, or
36		-	donations from private and public sources for the purposes of this part 2.
37		-	All private and public money received through gifts, grants, or donations
38		-	must be transmitted to the state treasurer, who shall credit the same to the
39		-	fund. The money in the fund is subject to annual appropriation by the
40		-	general assembly to the department for the direct and indirect costs
41		-	associated with the implementation of this part 2.
42		-	SECTION 3. In Colorado Revised Statutes, 26.5-3-103, amend
43		-	(1)(c)(III) as follows:
44		-	26.5-3-103. Program created - repeal. (1) (c) (III) The department
45		-	may
46		-	SEEK, accept, and expend any grants from any public or private source
47		-	for the purpose of making grants to community applicants for the
48		-	establishment or continued operation of family resource centers and for the
49		-	purpose of evaluating the effectiveness of the family resource center
50		-	program. This part 1 does not prohibit a family resource center from
51		-	SEEKING, accepting, and expending funds received through an authorized
52		-	contract, grants, or donations from public or private sources.
53		-	SECTION 4. In Colorado Revised Statutes, 26.5-3-204, amend
54		-	(2)(e); and add (2)(l) as follows:
55		-	26.5-3-204. Colorado child abuse prevention board - creation -
56		-	members - terms - vacancies. (2) The board consists of nineteen
57		-	members, with a consideration for geographic diversity, as follows:
58		-	(e) Three TWO persons appointed by the governor and confirmed by
59		-	the senate who are knowledgeable in the area of child abuse prevention and
60		-	represent some of the following areas: Law enforcement, medicine, law,
61		-	business, public policy, mental health, intimate partner violence, early
62		-	childhood education, elementary and secondary education, reducing poverty
63		-	and helping families gain economic stability, the connection between
64		-	housing instability and trauma, higher education, research and program
65		-	PAGE 2-HOUSE BILL 23-1235 evaluation, and social work. In making appointments to the board, the
66		-	governor is encouraged to include representation by at least one member
67		-	who is a person with a disability, as defined in section 24-34-301 (2.5), a
68		-	family member of a person with a disability, or a member of an advocacy
69		-	group for persons with disabilities, so long as the other requirements of this
70		-	subsection (2)(e) are met.
	13	+	ONCERNING TECHNICAL MODIFICAT IONS TO THE DEPARTMENT OF101
	14	+	EARLY CHILDHOOD .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Title 26.5 of the Colorado Revised Statutes relates primarily to
	23	+	early childhood programs and services. In 2022, the general assembly
	24	+	enacted House Bill 22-1295, which established the duties of the
	25	+	department of early childhood (department), relocated early childhood
	26	+	programs from the departments of human services and education to the
	27	+	department, and created the Colorado universal preschool program in the
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 20, 2023
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	April 19, 2023
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	April 11, 2023
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	April 10, 2023
	40	+	HOUSE SPONSORSHIP
	41	+	Sirota, Bacon, Bird, Boesenecker, Brown, Epps, Froelich, Garcia, Hamrick, Jodeh, Lieder,
	42	+	Lindstedt, Marshall, Martinez, McLachlan, Michaelson Jenet, Ortiz, Ricks, Snyder, Young
	43	+	SENATE SPONSORSHIP
	44	+	Buckner, Bridges, Coleman, Cutter, Exum, Fenberg, Fields, Gonzales, Marchman, Priola,
	45	+	Sullivan, Winter F., Zenzinger
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. department.
	49	+	The bill makes technical changes to title 26.5 and related statutes,
	50	+	including:
	51	+	! Updates language regarding gifts, grants, and donations to
	52	+	achieve uniformity;
	53	+	! Allows the department to enter into sole source contracts
	54	+	for early literacy programming and whole-child services;
	55	+	! Adds the executive director of the department to the health
	56	+	equity commission;
	57	+	! Adds the commissioner of the behavioral health
	58	+	administration to the Colorado child abuse prevention
	59	+	board;
	60	+	! Clarifies reporting dates to ensure the department can
	61	+	complete and report data in a timely manner;
	62	+	! Clarifies the department's responsibilities concerning child
	63	+	abuse or neglect record checks;
	64	+	! Amends background and record check language to align
	65	+	with current federal and state practices and standards;
	66	+	! Clarifies definitions;
	67	+	! Updates references from "ICON" to "Colorado state courts
	68	+	data access system"; and
	69	+	! Eliminates technical language no longer used in child care
	70	+	licensing.
	71	+	The bill makes conforming amendments.
	72	+	Be it enacted by the General Assembly of the State of Colorado:1
	73	+	SECTION 1. In Colorado Revised Statutes, 26.5-1-106, amend2
	74	+	(7) as follows:3
	75	+	26.5-1-106. Transfer of functions - employees - property -4
	76	+	contracts. (7) The executive director, or the executive director's5
	77	+	designee, may
	78	+	SEEK, accept, AND EXPEND, on behalf of and in the name6
	79	+	of the state, gifts, grants, and donations for any purpose connected with7
	80	+	the powers, duties, and functions of the department. The state treasurer8
	81	+	shall hold any property so given, but the executive director, or the9
	82	+	executive director's designee, may direct the disposition of any property10
	83	+	so given for any purpose consistent with the terms and conditions under11
	84	+	1235-2- which the gift was created.1
	85	+	SECTION 2. In Colorado Revised Statutes, 26.5-2-209, amend2
	86	+	(2) as follows:3
	87	+	26.5-2-209. Early childhood cash fund - creation. (2) The4
	88	+	department is authorized to seek, and accept, AND EXPEND, gifts, grants,5
	89	+	or donations from private and public sources for the purposes of this part6
	90	+	2. All private and public money received through gifts, grants, or7
	91	+	donations must be transmitted to the state treasurer, who shall credit the8
	92	+	same to the fund. The money in the fund is subject to annual9
	93	+	appropriation by the general assembly to the department for the direct and10
	94	+	indirect costs associated with the implementation of this part 2.11
	95	+	SECTION 3. In Colorado Revised Statutes, 26.5-3-103, amend12
	96	+	(1)(c)(III) as follows:13
	97	+	26.5-3-103. Program created - repeal. (1) (c) (III) The14
	98	+	department may
	99	+	SEEK, accept, and expend any grants from any public or15
	100	+	private source for the purpose of making grants to community applicants16
	101	+	for the establishment or continued operation of family resource centers17
	102	+	and for the purpose of evaluating the effectiveness of the family resource18
	103	+	center program. This part 1 does not prohibit a family resource center19
	104	+	from
	105	+	SEEKING, accepting, and expending funds received through an20
	106	+	authorized contract, grants, or donations from public or private sources.21
	107	+	SECTION 4. In Colorado Revised Statutes, 26.5-3-204, amend22
	108	+	(2)(e); and add (2)(l) as follows:23
	109	+	26.5-3-204. Colorado child abuse prevention board - creation24
	110	+	- members - terms - vacancies. (2) The board consists of nineteen25
	111	+	members, with a consideration for geographic diversity, as follows:26
	112	+	(e) Three
	113	+	TWO persons appointed by the governor and confirmed27
	114	+	1235
	115	+	-3- by the senate who are knowledgeable in the area of child abuse1
	116	+	prevention and represent some of the following areas: Law enforcement,2
	117	+	medicine, law, business, public policy, mental health, intimate partner3
	118	+	violence, early childhood education, elementary and secondary education,4
	119	+	reducing poverty and helping families gain economic stability, the5
	120	+	connection between housing instability and trauma, higher education,6
	121	+	research and program evaluation, and social work. In making7
	122	+	appointments to the board, the governor is encouraged to include8
	123	+	representation by at least one member who is a person with a disability,9
	124	+	as defined in section 24-34-301 (2.5), a family member of a person with10
	125	+	a disability, or a member of an advocacy group for persons with11
	126	+	disabilities, so long as the other requirements of this subsection (2)(e) are12
	127	+	met.13
71	128		(l) T
72		-	HE COMMISSIONER OF THE BEHAVIORAL HEALTH
73		-	ADMINISTRATION
74		-	, CREATED IN SECTION 27-50-102, OR THE COMMISSIONER'S
75		-	DESIGNEE
76		-	.
77		-	SECTION 5. In Colorado Revised Statutes, 26.5-3-205, amend
78		-	(1)(j) as follows:
79		-	26.5-3-205. Powers and duties of the board. (1) The board has the
80		-	following powers and duties:
81		-	(j) To accept grants from the federal government, as well as to
	129	+	HE COMMISSIONER OF THE BEHAVIORAL HEALTH14
	130	+	ADMINISTRATION, CREATED IN SECTION 27-50-102, OR THE15
	131	+	COMMISSIONER'S DESIGNEE.16
	132	+	SECTION 5. In Colorado Revised Statutes, 26.5-3-205, amend17
	133	+	(1)(j) as follows:18
	134	+	26.5-3-205. Powers and duties of the board. (1) The board has19
	135	+	the following powers and duties:20
	136	+	(j) To accept grants from the federal government, as well as to21
82	137		solicit and
83		-	SEEK, accept, AND EXPEND contributions, grants, gifts, bequests,
84		-	and donations from individuals, private organizations, and foundations; and
85		-	SECTION 6. In Colorado Revised Statutes, 26.5-3-805, amend (4)
86		-	as follows:
87		-	26.5-3-805. Early care and education recruitment and retention
88		-	grant and scholarship program - created - criteria and eligibility -
89		-	grant and scholarship awards - reports - funding - rules - definitions -
90		-	repeal. (4) The executive director shall
91		-	MAY promulgate rules regarding
92		-	criteria, timelines, and the administration of the program pursuant to the
93		-	requirements outlined in this section.
94		-	SECTION 7. In Colorado Revised Statutes, 26.5-4-114, amend
95		-	(1)(f) as follows:
96		-	26.5-4-114. Colorado child care assistance program - reporting
97		-	requirements. (1) On or before November 1, 2022, and on or before
98		-	November 1 each year thereafter, the department shall prepare a report on
99		-	CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the department shall
100		-	provide the report to the joint budget committee of the general assembly, the
101		-	public and behavioral health and human services committee of the house of
102		-	PAGE 3-HOUSE BILL 23-1235 representatives, and the health and human services committee of the senate,
103		-	or any successor committees. The report must include, at a minimum, the
104		-	following information related to benchmarks of success for CCCAP:
105		-	(f) The number of families on each county's wait list as of
106		-	November 1
107		-	OCTOBER 1 of each year, as well as the average length of time
108		-	each family remains on the wait list in each county;
109		-	SECTION 8. In Colorado Revised Statutes, 26.5-4-208, amend
110		-	(4)(a) and (6)(d) as follows:
111		-	26.5-4-208. Preschool provider funding - per-child rates - local
112		-	contribution - distribution and use of money - definitions - repeal.
113		-	(4) (a) Notwithstanding any provision of this section to the contrary, if the
114		-	funding that a preschool provider that is a school district or a charter school
115		-	receives pursuant to this section for eligible children enrolled in the
116		-	preschool program for the 2023-24 fiscal year, calculated as the per-child
117		-	rates for the 2023-24 fiscal year multiplied by the number of eligible
118		-	children the preschool provider enrolls for the 2023-24 fiscal year, is less
119		-	than the amount of funding allotted for the 2022-23 fiscal year for the
120		-	children the preschool provider enrolled through the Colorado preschool
121		-	program, as it exists prior to July 1, 2023, calculated as fifty percent of the
122		-	preschool provider's per pupil funding, as described in section 22-54-104
123		-	(3) or (3.5), whichever is applicable, for the 2022-23 fiscal year multiplied
124		-	by the number of children
125		-	PRESCHOOL POSITIONS the preschool provider
126		-	enrolled through the Colorado preschool program and directly served for the
127		-	2022-23 fiscal year, the department shall distribute to the preschool
128		-	provider for the 2023-24 fiscal year an amount equal to the difference in
129		-	said amounts.
130		-	(6) As used in this section, unless the context otherwise requires:
131		-	(d) "State average per pupil funding amount" means the statewide
132		-	total amount of THE per pupil funding AMOUNTS, as described in section
	138	+	SEEK, accept, AND EXPEND contributions, grants, gifts,22
	139	+	bequests, and donations from individuals, private organizations, and23
	140	+	foundations; and24
	141	+	SECTION 6. In Colorado Revised Statutes, 26.5-3-805, amend25
	142	+	(4) as follows:26
	143	+	26.5-3-805. Early care and education recruitment and27
	144	+	1235
	145	+	-4- retention grant and scholarship program - created - criteria and1
	146	+	eligibility - grant and scholarship awards - reports - funding - rules2
	147	+	- definitions - repeal. (4) The executive director shall MAY promulgate3
	148	+	rules regarding criteria, timelines, and the administration of the program4
	149	+	pursuant to the requirements outlined in this section.5
	150	+	SECTION 7. In Colorado Revised Statutes, 26.5-4-114, amend6
	151	+	(1)(f) as follows:7
	152	+	26.5-4-114. Colorado child care assistance program -8
	153	+	reporting requirements. (1) On or before November 1, 2022, and on or9
	154	+	before November 1 each year thereafter, the department shall prepare a10
	155	+	report on CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the11
	156	+	department shall provide the report to the joint budget committee of the12
	157	+	general assembly, the public and behavioral health and human services13
	158	+	committee of the house of representatives, and the health and human14
	159	+	services committee of the senate, or any successor committees. The report15
	160	+	must include, at a minimum, the following information related to16
	161	+	benchmarks of success for CCCAP:17
	162	+	(f) The number of families on each county's wait list as of18
	163	+	November 1 OCTOBER 1 of each year, as well as the average length of19
	164	+	time each family remains on the wait list in each county;20
	165	+	SECTION 8. In Colorado Revised Statutes, 26.5-4-208, amend21
	166	+	(4)(a) and (6)(d) as follows:22
	167	+	26.5-4-208. Preschool provider funding - per-child rates - local23
	168	+	contribution - distribution and use of money - definitions - repeal.24
	169	+	(4) (a) Notwithstanding any provision of this section to the contrary, if25
	170	+	the funding that a preschool provider that is a school district or a charter26
	171	+	school receives pursuant to this section for eligible children enrolled in27
	172	+	1235
	173	+	-5- the preschool program for the 2023-24 fiscal year, calculated as the1
	174	+	per-child rates for the 2023-24 fiscal year multiplied by the number of2
	175	+	eligible children the preschool provider enrolls for the 2023-24 fiscal3
	176	+	year, is less than the amount of funding allotted for the 2022-23 fiscal4
	177	+	year for the children the preschool provider enrolled through the Colorado5
	178	+	preschool program, as it exists prior to July 1, 2023, calculated as fifty6
	179	+	percent of the preschool provider's per pupil funding, as described in7
	180	+	section 22-54-104 (3) or (3.5), whichever is applicable, for the 2022-238
	181	+	fiscal year multiplied by the number of children PRESCHOOL POSITIONS the9
	182	+	preschool provider enrolled through the Colorado preschool program and10
	183	+	directly served for the 2022-23 fiscal year, the department shall distribute11
	184	+	to the preschool provider for the 2023-24 fiscal year an amount equal to12
	185	+	the difference in said amounts.13
	186	+	(6) As used in this section, unless the context otherwise requires:14
	187	+	(d) "State average per pupil funding amount" means the statewide15
	188	+	total amount of THE per pupil funding AMOUNTS, as described in section16
133	189		22-54-104 (3) or (3.5),
134		-	FOR ALL SCHOOL DISTRICTS IN THE STATE AS
	190	+	FOR ALL SCHOOL DISTRICTS IN THE STATE AS17
135	191		calculated for all school districts for
136		-	the 2022-23 budget year divided by the
137		-	statewide total funded pupil count, minus the statewide total district
138		-	extended high school pupil enrollment and the statewide total online pupil
139		-	enrollment, for the 2022-23 budget year TOTAL NUMBER OF SCHOOL
140		-	DISTRICTS
141		-	, THEN MULTIPLIED BY FIFTY PERCENT.
142		-	PAGE 4-HOUSE BILL 23-1235 SECTION 9. In Colorado Revised Statutes, 26.5-5-102, add (7)(d)
143		-	as follows:
144		-	26.5-5-102. School-readiness quality improvement program -
145		-	created - rules. (7) (d) T
146		-	HE DEPARTMENT IS AUTHORIZED TO ENTER INTO
147		-	A CONTRACT WITH AN ORGANIZATION TO PROVIDE THE FOLLOWING
148		-	:
149		-	(I) E
150		-	ARLY LITERACY PROGRAMMING AND RELATED SUPPORTS ; AND
151		-	(II) WHOLE-CHILD SERVICES.
152		-	SECTION 10. In Colorado Revised Statutes, 26.5-5-303, amend
153		-	(1), (3), (7), (12), (13), and (16)(a); repeal (11); and add (1.5) and (5.5) as
154		-	follows:
155		-	26.5-5-303. Definitions. As used in this part 3, unless the context
156		-	otherwise requires:
157		-	(1) "Affiliate of a licensee" means:
158		-	(a) Any person or entity that owns more than five percent of the
159		-	ownership interest in the business operated by the licensee or the applicant
160		-	for a license; or
161		-	(b) Any person who is directly responsible for the care and welfare
162		-	of children served; or
163		-	(c) Any executive, officer, member of the governing board, or
164		-	employee of a licensee; or
165		-	(d) A relative of a licensee, which relative provides care to children
166		-	at the licensee's facility or is otherwise involved in the management or
167		-	operations of the licensee's facility. "ADVERSE ACTION" HAS THE SAME
168		-	MEANING AS
169		-	"NEGATIVE LICENSING ACTION" AS DEFINED IN SUBSECTION
170		-	(16)(a) OF THIS SECTION.
	192	+	the 2022-23 budget year divided by18
	193	+	the statewide total funded pupil count, minus the statewide total district19
	194	+	extended high school pupil enrollment and the statewide total online pupil20
	195	+	enrollment, for the 2022-23 budget year TOTAL NUMBER OF SCHOOL21
	196	+	DISTRICTS, THEN MULTIPLIED BY FIFTY PERCENT.22
	197	+	SECTION 9. In Colorado Revised Statutes, 26.5-5-102, add23
	198	+	(7)(d) as follows:24
	199	+	26.5-5-102. School-readiness quality improvement program -25
	200	+	created - rules. (7) (d) THE DEPARTMENT IS AUTHORIZED TO ENTER INTO26
	201	+	A CONTRACT WITH AN ORGANIZATION TO PROVIDE THE FOLLOWING :27
	202	+	1235
	203	+	-6- (I) EARLY LITERACY PROGRAMMING AND RELATED SUPPORTS ; AND1
	204	+	(II) WHOLE-CHILD SERVICES.2
	205	+	3
	206	+	SECTION 10. In Colorado Revised Statutes, 26.5-5-303, amend4
	207	+	(1), (3), (7), (12), (13), and (16)(a); repeal (11); and add (1.5) and (5.5)5
	208	+	as follows:6
	209	+	26.5-5-303. Definitions. As used in this part 3, unless the context7
	210	+	otherwise requires:8
	211	+	(1) "Affiliate of a licensee" means:9
	212	+	(a) Any person or entity that owns more than five percent of the10
	213	+	ownership interest in the business operated by the licensee or the11
	214	+	applicant for a license; or12
	215	+	(b) Any person who is directly responsible for the care and13
	216	+	welfare of children served; or14
	217	+	(c) Any executive, officer, member of the governing board, or15
	218	+	employee of a licensee; or16
	219	+	(d) A relative of a licensee, which relative provides care to17
	220	+	children at the licensee's facility or is otherwise involved in the18
	221	+	management or operations of the licensee's facility. "ADVERSE ACTION"19
	222	+	HAS THE SAME MEANING AS "NEGATIVE LICENSING ACTION" AS DEFINED IN20
	223	+	SUBSECTION (16)(a) OF THIS SECTION.21
171	224		(1.5) "A
172		-	FFILIATE OF A LICENSEE" MEANS:
	225	+	FFILIATE OF A LICENSEE" MEANS:22
173	226		(a) A
174		-	NY PERSON OR ENTITY THAT OWNS MORE THAN FIVE ~~PERCENT~~
175		-	OF THE OWNERSHIP INTEREST IN THE BUSINESS OPERATED BY THE ~~LICENSEE~~
176		-	~~PAGE 5-HOUSE BILL 23-1235~~ OR THE APPLICANT FOR A LICENSE; OR
177		-	(b) ~~ANY PERSON WHO IS DIRECTLY RESPONSIBLE FOR THE CARE AND~~
178		-	~~WELFARE OF CHILDREN SERVED~~
179		-	; OR
180		-	~~(c) ANY EXECUTIVE, OFFICER, MEMBER OF THE GOVERNING BOARD ,~~
181		-	~~OR EMPLOYEE~~ OF ~~A LICENSEE;~~ OR
182		-	~~(d) A RELATIVE~~ OF A LICENSEE~~, WHICH RELATIVE PROVIDES CARE TO~~
183		-	~~CHILDREN AT THE LICENSEE~~
184		-	~~'S FACILITY OR IS OTHERWISE INVOLVED IN THE~~
185		-	~~MANAGEMENT OR OPERATIONS OF~~ THE LICENSEE
186		-	'S FACILITY.
	227	+	NY PERSON OR ENTITY THAT OWNS MORE THAN FIVE PERCENT23
	228	+	OF THE OWNERSHIP INTEREST IN THE BUSINESS OPERATED BY THE LICENSEE24
	229	+	OR THE APPLICANT FOR A LICENSE; OR25
	230	+	(b) A
	231	+	NY PERSON WHO IS DIRECTLY RESPONSIBLE FOR THE CARE26
	232	+	AND WELFARE OF CHILDREN SERVED ; OR27
	233	+	1235
	234	+	-7- (c) ANY EXECUTIVE, OFFICER, MEMBER OF THE GOVERNING BOARD ,1
	235	+	OR EMPLOYEE OF A LICENSEE; OR2
	236	+	(d) A
	237	+	RELATIVE OF A LICENSEE, WHICH RELATIVE PROVIDES CARE3
	238	+	TO CHILDREN AT THE LICENSEE'S FACILITY OR IS OTHERWISE INVOLVED IN4
	239	+	THE MANAGEMENT OR OPERATIONS OF THE LICENSEE 'S FACILITY.5
187	240		(3) (a) (I)
188		-	"Child care center" prior to July 1, 2024, means a facility,
189		-	by whatever name known, that is maintained for the whole or part of a day
190		-	for the care of five or more children, unless otherwise specified in this
191		-	subsection (3)(a)(I)
192		-	SUBSECTION (3), who are eighteen years of age or
193		-	younger and who are not related to the owner, operator, or manager thereof,
194		-	whether the facility is operated with or without compensation for such care
195		-	and with or without stated educational purposes. The term includes, but is
196		-	not limited to, facilities commonly known as child care centers, school-age
197		-	child care centers, before- and after-school programs, kindergartens,
198		-	preschools, day camps, and summer camps, and includes those facilities for
199		-	children under six years of age with stated educational purposes operated
200		-	in conjunction with a public, private, or parochial college or a private or
201		-	parochial school; except that the term does not apply to any kindergarten
202		-	maintained in connection with a public, private, or parochial elementary
203		-	school system of at least six grades.
204		-	(II) This subsection (3)(a) is repealed, effective July 1, 2024.
205		-	(b) "Child care center", on and after July 1, 2024, means a facility,
206		-	by whatever name known, that is maintained for the whole or part of a day
207		-	for the care of five or more children, unless otherwise specified in this
208		-	subsection (3)(b), who are eighteen years of age or younger and who are not
209		-	related to the owner, operator, or manager thereof, whether the facility is
210		-	operated with or without compensation for such care and with or without
211		-	stated educational purposes. The term includes, but is not limited to,
212		-	facilities commonly known as child care centers, school-age child care
213		-	centers, before- and after-school programs, kindergartens, preschools, day
214		-	camps, and summer camps, and includes those facilities for children under
215		-	PAGE 6-HOUSE BILL 23-1235 six years of age with stated educational purposes operated in conjunction
216		-	with a public, private, or parochial college or a private or parochial school;
217		-	except that the term does not apply to any kindergarten maintained in
218		-	connection with a public, private, or parochial elementary school system of
219		-	at least six grades.
220		-	(5.5) "COLORADO STATE COURTS DATA ACCESS SYSTEM " MEANS THE
221		-	OFFICIAL PUBLIC ACCESS SITE FOR THE
222		-	COLORADO JUDICIAL BRANCH
223		-	MAINTAINED BY THE
224		-	COLORADO STATE COURT ADMINISTRATOR 'S OFFICE
225		-	CONTAINING READ
226		-	-ONLY ACCESS TO COURT DATA, INCLUDING A NAME INDEX
227		-	AND REGISTER OF ACTIONS
228		-	.
229		-	(7) "Family child care home" means a facility for child care operated
230		-	with or without compensation or educational purposes in a place of
231		-	residence of a family or person for the purpose of providing less than
232		-	twenty-four-hour care for children under the age of eighteen years who are
233		-	not related to the head of such home. "Family child care home" may include
234		-	infant-toddler child care homes, large
235		-	FAMILY child care homes,
	241	+	"Child care center" prior to July 1, 2024, means a6
	242	+	facility, by whatever name known, that is maintained for the whole or part7
	243	+	of a day for the care of five or more children, unless otherwise specified8
	244	+	in this subsection (3)(a)(I) SUBSECTION (3), who are eighteen years of age9
	245	+	or younger and who are not related to the owner, operator, or manager10
	246	+	thereof, whether the facility is operated with or without compensation for11
	247	+	such care and with or without stated educational purposes. The term12
	248	+	includes, but is not limited to, facilities commonly known as child care13
	249	+	centers, school-age child care centers, before- and after-school programs,14
	250	+	kindergartens, preschools, day camps, and summer camps, and includes15
	251	+	those facilities for children under six years of age with stated educational16
	252	+	purposes operated in conjunction with a public, private, or parochial17
	253	+	college or a private or parochial school; except that the term does not18
	254	+	apply to any kindergarten maintained in connection with a public, private,19
	255	+	or parochial elementary school system of at least six grades.20
	256	+	(II) This subsection (3)(a) is repealed, effective July 1, 2024.21
	257	+	(b) "Child care center", on and after July 1, 2024, means a facility,22
	258	+	by whatever name known, that is maintained for the whole or part of a23
	259	+	day for the care of five or more children, unless otherwise specified in24
	260	+	this subsection (3)(b), who are eighteen years of age or younger and who25
	261	+	are not related to the owner, operator, or manager thereof, whether the26
	262	+	facility is operated with or without compensation for such care and with27
	263	+	1235
	264	+	-8- or without stated educational purposes. The term includes, but is not1
	265	+	limited to, facilities commonly known as child care centers, school-age2
	266	+	child care centers, before- and after-school programs, kindergartens,3
	267	+	preschools, day camps, and summer camps, and includes those facilities4
	268	+	for children under six years of age with stated educational purposes5
	269	+	operated in conjunction with a public, private, or parochial college or a6
	270	+	private or parochial school; except that the term does not apply to any7
	271	+	kindergarten maintained in connection with a public, private, or parochial8
	272	+	elementary school system of at least six grades.9
	273	+	(5.5) "C
	274	+	OLORADO STATE COURTS DATA ACCESS SYSTEM " MEANS10
	275	+	THE OFFICIAL PUBLIC ACCESS SITE FOR THE COLORADO JUDICIAL BRANCH11
	276	+	MAINTAINED BY THE COLORADO STATE COURT ADMINISTRATOR 'S OFFICE12
	277	+	CONTAINING READ-ONLY ACCESS TO COURT DATA , INCLUDING A NAME13
	278	+	INDEX AND REGISTER OF ACTIONS.14
	279	+	(7) "Family child care home" means a facility for child care15
	280	+	operated with or without compensation or educational purposes in a place16
	281	+	of residence of a family or person for the purpose of providing less than17
	282	+	twenty-four-hour care for children under the age of eighteen years who18
	283	+	are not related to the head of such home. "Family child care home" may19
	284	+	include infant-toddler child care homes, large
	285	+	FAMILY child care homes,20
236	286		experienced provider
237		-	child care PROVIDER homes, and such other types of
238		-	family child care homes designated by department rules pursuant to section
239		-	26.5-5-314 (2)(n), as the executive director deems necessary and
240		-	appropriate.
241		-	(11) "ICON" means the computerized database of court records
242		-	known as the integrated Colorado online network used by the state judicial
243		-	department.
244		-	(12) "Kindergarten" means any facility providing an educational
245		-	program for children only for the year preceding their entrance to the first
246		-	grade, whether such facility is called a kindergarten, nursery school,
247		-	preschool, or any other name.
248		-	(13) "License" means a legal document issued pursuant to this part
249		-	3 granting permission to operate a child care facility. A license may be in
250		-	the form of a provisional, probationary, permanent, or time-limited license
251		-	OR PERMANENT LICENSE.
	287	+	child care PROVIDER homes, and such other types21
	288	+	of family child care homes designated by department rules pursuant to22
	289	+	section 26.5-5-314 (2)(n), as the executive director deems necessary and23
	290	+	appropriate.24
	291	+	(11) "ICON" means the computerized database of court records25
	292	+	known as the integrated Colorado online network used by the state26
	293	+	judicial department.27
	294	+	1235
	295	+	-9- (12) "Kindergarten" means any facility providing an educational1
	296	+	program for children only for the year preceding their entrance to the first2
	297	+	grade, whether such facility is called a kindergarten, nursery school,3
	298	+	preschool, or any other name.4
	299	+	(13) "License" means a legal document issued pursuant to this5
	300	+	part 3 granting permission to operate a child care facility. A license may6
	301	+	be in the form of a provisional, probationary, permanent, or time-limited7
	302	+	license OR PERMANENT LICENSE.8
252	303		(16) (a) "Negative licensing action",
253		-	OR "ADVERSE ACTION", means
254		-	a final agency action resulting in the denial of an application, the imposition
255		-	of fines, or the suspension or revocation of a license issued pursuant to this
256		-	PAGE 7-HOUSE BILL 23-1235 part 3 or the demotion of such a license to a probationary license.
257		-	SECTION 11. In Colorado Revised Statutes, 26.5-5-304, amend
258		-	(1)(f)(I) introductory portion as follows:
259		-	26.5-5-304. Application of part - definition - repeal. (1) This part
260		-	3 does not apply to:
261		-	(f) (I) An individual who provides less than twenty-four-hour child
262		-	care in a THE INDIVIDUAL'S PERMANENT place of residence when one of the
263		-	following conditions is met:
264		-	SECTION 12. In Colorado Revised Statutes, 26.5-5-307, amend
265		-	(2)(f)(III)(A) and (2)(g)(III)(A) as follows:
266		-	26.5-5-307. Application of part - guest child care facilities -
267		-	public services short-term child care facilities - definition. (2) A person
268		-	or entity shall not operate a guest child care facility or a public services
269		-	short-term child care facility unless the following requirements are met:
270		-	(f) (III) (A) The guest child care facility or public services
271		-	short-term child care facility requests the department to obtain a comparison
272		-	search on the ICON
273		-	COLORADO STATE COURTS DATA ACCESS system at the
274		-	state judicial department with the name and date of birth information and
275		-	any other available source of criminal history information that the
276		-	department determines is appropriate, whether or not the criminal history
277		-	background check confirms a criminal history, in order to determine the
278		-	crime or crimes, if any, for which the supervisory employee or applicant for
279		-	a supervisory employee position was arrested or convicted and the
280		-	disposition thereof; and
281		-	(g) (III) (A) The guest child care facility or public services
282		-	short-term child care facility requests the department to obtain a comparison
283		-	search on the ICON
284		-	COLORADO STATE COURTS DATA ACCESS system at the
285		-	state judicial department with the name and date of birth information and
286		-	any other available source of criminal history information that the
287		-	department determines is appropriate, whether or not the criminal history
288		-	background check confirms a criminal history, in order to determine the
289		-	crime or crimes, if any, for which the employee was arrested or convicted
290		-	and the disposition thereof; and
291		-	PAGE 8-HOUSE BILL 23-1235 SECTION 13. In Colorado Revised Statutes, 26.5-5-308, amend
292		-	(4)(c) as follows:
293		-	26.5-5-308. Application of part - neighborhood youth
294		-	organizations - rules - licensing - duties and responsibilities -
295		-	definitions. (4) A licensed neighborhood youth organization shall require
296		-	all employees and volunteers who work directly with or will work directly
297		-	with youth members five or more days in a calendar month to obtain, prior
298		-	to employment, and every two years thereafter, one of the following:
299		-	(c) A comparison search by the department on the ICON
300		-	COLORADO
301		-	STATE COURTS DATA ACCESS
302		-	system of the state judicial department or a
303		-	comparison search on any other database that is recognized on a statewide
304		-	basis by using the name, date of birth, and social security number
305		-	information that the department determines is appropriate to determine
306		-	whether the person being investigated has been convicted of felony child
307		-	abuse as specified in section 18-6-401 or a felony offense involving
308		-	unlawful sexual behavior as defined in section 16-22-102 (9). The
309		-	neighborhood youth organization shall not hire a person as an employee or
310		-	approve a person as a volunteer after confirmation of such a criminal
311		-	history.
312		-	SECTION 14. In Colorado Revised Statutes, 26.5-5-309, amend
313		-	(4)(a)(I)(E) and (4)(b); and add (4)(a)(I)(E.5) as follows:
314		-	26.5-5-309. Licenses - rules - definition. (4) (a) (I) The department
315		-	shall not issue a license to operate a family child care home or a child care
316		-	center if the applicant for the license, an affiliate of the applicant, a person
317		-	employed by the applicant, or a person who resides with the applicant at the
318		-	facility has been convicted of:
	304	+	OR "ADVERSE ACTION",9
	305	+	means a final agency action resulting in the denial of an application, the10
	306	+	imposition of fines, or the suspension or revocation of a license issued11
	307	+	pursuant to this part 3 or the demotion of such a license to a probationary12
	308	+	license.13
	309	+	SECTION 11. In Colorado Revised Statutes, 26.5-5-304, amend14
	310	+	(1)(f)(I) introductory portion as follows:15
	311	+	26.5-5-304. Application of part - definition - repeal. (1) This16
	312	+	part 3 does not apply to:17
	313	+	(f) (I) An individual who provides less than twenty-four-hour18
	314	+	child care in a
	315	+	THE INDIVIDUAL'S PERMANENT place of residence when19
	316	+	one of the following conditions is met:20
	317	+	SECTION 12. In Colorado Revised Statutes, 26.5-5-307, amend21
	318	+	(2)(f)(III)(A) and (2)(g)(III)(A) as follows:22
	319	+	26.5-5-307. Application of part - guest child care facilities -23
	320	+	public services short-term child care facilities - definition. (2) A24
	321	+	person or entity shall not operate a guest child care facility or a public25
	322	+	services short-term child care facility unless the following requirements26
	323	+	are met:27
	324	+	1235
	325	+	-10- (f) (III) (A) The guest child care facility or public services1
	326	+	short-term child care facility requests the department to obtain a2
	327	+	comparison search on the ICON COLORADO STATE COURTS DATA ACCESS3
	328	+	system at the state judicial department with the name and date of birth4
	329	+	information and any other available source of criminal history5
	330	+	information that the department determines is appropriate, whether or not6
	331	+	the criminal history background check confirms a criminal history, in7
	332	+	order to determine the crime or crimes, if any, for which the supervisory8
	333	+	employee or applicant for a supervisory employee position was arrested9
	334	+	or convicted and the disposition thereof; and10
	335	+	(g) (III) (A) The guest child care facility or public services11
	336	+	short-term child care facility requests the department to obtain a12
	337	+	comparison search on the ICON COLORADO STATE COURTS DATA ACCESS13
	338	+	system at the state judicial department with the name and date of birth14
	339	+	information and any other available source of criminal history15
	340	+	information that the department determines is appropriate, whether or not16
	341	+	the criminal history background check confirms a criminal history, in17
	342	+	order to determine the crime or crimes, if any, for which the employee18
	343	+	was arrested or convicted and the disposition thereof; and19
	344	+	SECTION 13. In Colorado Revised Statutes, 26.5-5-308, amend20
	345	+	(4)(c) as follows:21
	346	+	26.5-5-308. Application of part - neighborhood youth22
	347	+	organizations - rules - licensing - duties and responsibilities -23
	348	+	definitions. (4) A licensed neighborhood youth organization shall24
	349	+	require all employees and volunteers who work directly with or will work25
	350	+	directly with youth members five or more days in a calendar month to26
	351	+	obtain, prior to employment, and every two years thereafter, one of the27
	352	+	1235
	353	+	-11- following:1
	354	+	(c) A comparison search by the department on the ICON2
	355	+	C
	356	+	OLORADO STATE COURTS DATA ACCESS system of the state judicial3
	357	+	department or a comparison search on any other database that is4
	358	+	recognized on a statewide basis by using the name, date of birth, and5
	359	+	social security number information that the department determines is6
	360	+	appropriate to determine whether the person being investigated has been7
	361	+	convicted of felony child abuse as specified in section 18-6-401 or a8
	362	+	felony offense involving unlawful sexual behavior as defined in section9
	363	+	16-22-102 (9). The neighborhood youth organization shall not hire a10
	364	+	person as an employee or approve a person as a volunteer after11
	365	+	confirmation of such a criminal history.12
	366	+	SECTION 14. In Colorado Revised Statutes, 26.5-5-309, amend13
	367	+	(4)(a)(I)(E) and (4)(b); and add (4)(a)(I)(E.5) as follows: 14
	368	+	26.5-5-309. Licenses - rules - definition. (4) (a) (I) The15
	369	+	department shall not issue a license to operate a family child care home16
	370	+	or a child care center if the applicant for the license, an affiliate of the17
	371	+	applicant, a person employed by the applicant, or a person who resides18
	372	+	with the applicant at the facility has been convicted of:19
319	373		(E) Any felony involving physical assault
320	374		OR battery; or a
321		-	drug-related offense within the five years preceding the date of application
322		-	for a license;
323		-	(E.5) ANY FELONY INVOLVING A DRUG -RELATED OFFENSE WITHIN
324		-	THE FIVE YEARS PRECEDING THE DATE OF APPLICATION FOR A LICENSE
325		-	;
326		-	(b) The department shall determine the convictions identified in
327		-	subsection (4)(a) of this section according to the records of the Colorado
328		-	PAGE 9-HOUSE BILL 23-1235 bureau of investigation, the ICON COLORADO STATE COURTS DATA ACCESS
329		-	system at the state judicial department, or any other source, as set forth in
330		-	section 26.5-5-316 (1)(a)(II). A certified copy of the judgment of a court of
331		-	competent jurisdiction of such conviction, deferred judgment and sentence
332		-	agreement, deferred prosecution agreement, or deferred adjudication
333		-	agreement is prima facie evidence of the conviction or agreement. The
334		-	department shall not issue a license to operate a family child care home or
335		-	a child care center if the department has a certified court order from another
336		-	state indicating that the person applying for the license has been convicted
337		-	of child abuse or any unlawful sexual offense against a child under a law of
338		-	any other state or the United States, or the department has a certified court
339		-	order from another state that the person applying for the license has entered
340		-	into a deferred judgment or deferred prosecution agreement in another state
341		-	as to child abuse or any sexual offense against a child.
342		-	SECTION 15. In Colorado Revised Statutes, 26.5-5-311, amend
343		-	(1)(a)(I) and (2)(a) as follows:
344		-	26.5-5-311. Fees - when original applications, reapplications,
345		-	and renewals for licensure are required - creation of child care
346		-	licensing cash fund - rules. (1) (a) The department is authorized to
347		-	establish, pursuant to rules promulgated by the executive director,
348		-	permanent, time-limited, and provisional license fees and fees for
349		-	continuation of a license for the following types of child care arrangements:
350		-	(I) Family child care homes, including any special type of family
351		-	child care home designated by department rules pursuant to section
352		-	26.5-5-314 (2)(n); but excluding homes certified by county departments or
353		-	child placement agencies;
354		-	(2) (a) The fees specified in subsection (1) of this section must be
	375	+	20
	376	+	drug-related offense within the five years preceding the date of21
	377	+	application for a license;22
	378	+	(E.5) A
	379	+	NY FELONY INVOLVING A DRUG-RELATED OFFENSE WITHIN23
	380	+	THE FIVE YEARS PRECEDING THE DATE OF APPLICATION FOR A LICENSE ;24
	381	+	(b) The department shall determine the convictions identified in25
	382	+	subsection (4)(a) of this section according to the records of the Colorado26
	383	+	bureau of investigation, the ICON
	384	+	COLORADO STATE COURTS DATA27
	385	+	1235
	386	+	-12- ACCESS system at the state judicial department, or any other source, as set1
	387	+	forth in section 26.5-5-316 (1)(a)(II). A certified copy of the judgment of2
	388	+	a court of competent jurisdiction of such conviction, deferred judgment3
	389	+	and sentence agreement, deferred prosecution agreement, or deferred4
	390	+	adjudication agreement is prima facie evidence of the conviction or5
	391	+	agreement. The department shall not issue a license to operate a family6
	392	+	child care home or a child care center if the department has a certified7
	393	+	court order from another state indicating that the person applying for the8
	394	+	license has been convicted of child abuse or any unlawful sexual offense9
	395	+	against a child under a law of any other state or the United States, or the10
	396	+	department has a certified court order from another state that the person11
	397	+	applying for the license has entered into a deferred judgment or deferred12
	398	+	prosecution agreement in another state as to child abuse or any sexual13
	399	+	offense against a child.14
	400	+	SECTION 15. In Colorado Revised Statutes, 26.5-5-311, amend15
	401	+	(1)(a)(I) and (2)(a) as follows:16
	402	+	26.5-5-311. Fees - when original applications, reapplications,17
	403	+	and renewals for licensure are required - creation of child care18
	404	+	licensing cash fund - rules. (1) (a) The department is authorized to19
	405	+	establish, pursuant to rules promulgated by the executive director,20
	406	+	permanent, time-limited, and provisional license fees and fees for21
	407	+	continuation of a license for the following types of child care22
	408	+	arrangements:23
	409	+	(I) Family child care homes, including any special type of family24
	410	+	child care home designated by department rules pursuant to section25
	411	+	26.5-5-314 (2)(n); but excluding homes certified by county departments26
	412	+	or child placement agencies;27
	413	+	1235
	414	+	-13- (2) (a) The fees specified in subsection (1) of this section must be1
355	415		paid when
356	416		AN application is made
357		-	SUBMITTED for any license is sought A
358		-	LICENSE OR RENEWAL OF A LICENSE
359		-	and are not subject to refund.
360		-	Applications for licenses are required in the situations that are set forth in
361		-	subsection (2)(b) of this section and must be made on forms prescribed by
362		-	the department. Each completed application must set forth such information
363		-	as required by the department. All licenses continue in force until revoked,
364		-	surrendered, or expired.
365		-	SECTION 16. In Colorado Revised Statutes, 26.5-5-316, amend
366		-	PAGE 10-HOUSE BILL 23-1235 (1)(a)(I)(A) and (1)(a)(II)(A) as follows:
367		-	26.5-5-316. Investigations and inspections - local authority -
368		-	reports - rules. (1) (a) (I) (A) The department shall investigate and pass on
369		-	each original application for a license, each application for a permanent or
370		-	time-limited license following the issuance of a probationary or provisional
371		-	license, and each application for renewal, to operate a facility or an agency
372		-	prior to granting the license or renewal. As part of the investigation, the
373		-	department shall require each individual, including, but not limited to, the
374		-	applicant, any owner, employee, newly hired employee, licensee, and any
375		-	adult who is eighteen years of age and older who resides in the licensed
376		-	facility, to obtain a fingerprint-based criminal history record check by
377		-	reviewing any record that is used to assist the department in ascertaining
378		-	whether the person being investigated has been convicted of any of the
379		-	criminal offenses specified in section 26.5-5-309 (4) or any other felony.
380		-	The executive director shall promulgate rules that define and identify what
381		-	the criminal history record check entails.
382		-	(II) Rules promulgated by the executive director pursuant to
383		-	subsection (1)(a)(I) of this section must also include:
384		-	(A) A comparison search on the ICON
385		-	COLORADO STATE COURTS
386		-	DATA ACCESS
387		-	system at the state judicial department with the name and date
388		-	of birth information and any other available source of criminal history
389		-	information that the department determines is appropriate for each
390		-	circumstance in which the fingerprint check conducted by the Colorado
391		-	bureau of investigation either does not confirm a criminal history or
392		-	confirms a criminal history, in order to determine the crime or crimes for
393		-	which the person was arrested or convicted and the disposition thereof;
394		-	SECTION 17. In Colorado Revised Statutes, 26.5-5-317, amend
395		-	(2) introductory portion, (2)(b), and (8) as follows:
396		-	26.5-5-317. Denial of license - suspension - revocation -
397		-	probation - refusal to renew license - fines. (2) The department may deny
398		-	an application or suspend, revoke, or make probationary the license of any
399		-	facility regulated and licensed under
400		-	PURSUANT TO this part 3 or assess a
401		-	fine against the licensee pursuant to section 26.5-5-323 if the licensee, an
402		-	affiliate of the licensee, a person employed by the licensee, or a person who
403		-	resides with the licensee at the facility:
404		-	PAGE 11-HOUSE BILL 23-1235 (b) Is convicted of third degree assault, as described in section
405		-	18-3-204; any misdemeanor, the underlying factual basis of which has been
406		-	found by the court on the record to include an act of domestic violence, as
407		-	defined in section 18-6-800.3; the violation of a protection order, as
408		-	described in section 18-6-803.5; any misdemeanor offense of child abuse
409		-	as defined in section 18-6-401; or any misdemeanor offense in any other
410		-	state, the elements of which are substantially similar to the elements of any
411		-	one of the offenses described in this subsection (2)(b). As used in this
412		-	subsection (2)(b), "convicted" has the same meaning as set forth in section
413		-	26.5-5-309 (4)(a)(II).
414		-	(8) The department shall determine the existence of convictions
415		-	identified in this section according to the records of the Colorado bureau of
416		-	investigation, the ICON
417		-	COLORADO STATE COURTS DATA ACCESS system at
418		-	the state judicial department, or any other source, as set forth in section
419		-	26.5-5-316 (1)(a)(II).
420		-	SECTION 18. In Colorado Revised Statutes, 26.5-5-326, amend
421		-	(1)(a)(IV); and add (1)(a)(V) as follows:
422		-	26.5-5-326. Exempt family child care home providers -
423		-	fingerprint-based criminal history record check - child care assistance
424		-	program money - temporary care - rules - definitions. (1) (a) (IV) The
	417	+	SUBMITTED for any license is sought2
	418	+	A LICENSE OR RENEWAL OF A LICENSE and are not subject to refund.3
	419	+	Applications for licenses are required in the situations that are set forth4
	420	+	in subsection (2)(b) of this section and must be made on forms prescribed5
	421	+	by the department. Each completed application must set forth such6
	422	+	information as required by the department. All licenses continue in force7
	423	+	until revoked, surrendered, or expired.8
	424	+	SECTION 16. In Colorado Revised Statutes, 26.5-5-316, amend9
	425	+	(1)(a)(I)(A) and (1)(a)(II)(A) as follows:10
	426	+	26.5-5-316. Investigations and inspections - local authority -11
	427	+	reports - rules. (1) (a) (I) (A) The department shall investigate and pass12
	428	+	on each original application for a license, each application for a13
	429	+	permanent or time-limited license following the issuance of a14
	430	+	probationary or provisional license, and each application for renewal, to15
	431	+	operate a facility or an agency prior to granting the license or renewal. As16
	432	+	part of the investigation, the department shall require each individual,17
	433	+	including, but not limited to, the applicant, any owner, employee, newly18
	434	+	hired employee, licensee, and any adult who is eighteen years of age and19
	435	+	older who resides in the licensed facility, to obtain a fingerprint-based20
	436	+	criminal history record check by reviewing any record that is used to21
	437	+	assist the department in ascertaining whether the person being22
	438	+	investigated has been convicted of any of the criminal offenses specified23
	439	+	in section 26.5-5-309 (4) or any other felony. The executive director shall24
	440	+	promulgate rules that define and identify what the criminal history record25
	441	+	check entails.26
	442	+	(II) Rules promulgated by the executive director pursuant to27
	443	+	1235
	444	+	-14- subsection (1)(a)(I) of this section must also include:1
	445	+	(A) A comparison search on the ICON COLORADO STATE COURTS2
	446	+	DATA ACCESS system at the state judicial department with the name and3
	447	+	date of birth information and any other available source of criminal4
	448	+	history information that the department determines is appropriate for each5
	449	+	circumstance in which the fingerprint check conducted by the Colorado6
	450	+	bureau of investigation either does not confirm a criminal history or7
	451	+	confirms a criminal history, in order to determine the crime or crimes for8
	452	+	which the person was arrested or convicted and the disposition thereof;9
	453	+	SECTION 17. In Colorado Revised Statutes, 26.5-5-317, amend10
	454	+	(2) introductory portion, (2)(b), and (8) as follows:11
	455	+	26.5-5-317. Denial of license - suspension - revocation -12
	456	+	probation - refusal to renew license - fines. (2) The department may13
	457	+	deny an application or suspend, revoke, or make probationary the license14
	458	+	of any facility regulated and licensed under PURSUANT TO this part 3 or15
	459	+	assess a fine against the licensee pursuant to section 26.5-5-323 if the16
	460	+	licensee, an affiliate of the licensee, a person employed by the licensee,17
	461	+	or a person who resides with the licensee at the facility:18
	462	+	(b) Is convicted of third degree assault, as described in section19
	463	+	18-3-204; any misdemeanor, the underlying factual basis of which has20
	464	+	been found by the court on the record to include an act of domestic21
	465	+	violence, as defined in section 18-6-800.3; the violation of a protection22
	466	+	order, as described in section 18-6-803.5; any misdemeanor offense of23
	467	+	child abuse as defined in section 18-6-401; or any misdemeanor offense24
	468	+	in any other state, the elements of which are substantially similar to the25
	469	+	elements of any one of the offenses described in this subsection (2)(b).26
	470	+	As used in this subsection (2)(b), "convicted" has the same meaning as27
	471	+	1235
	472	+	-15- set forth in section 26.5-5-309 (4)(a)(II).1
	473	+	(8) The department shall determine the existence of convictions2
	474	+	identified in this section according to the records of the Colorado bureau3
	475	+	of investigation, the ICON COLORADO STATE COURTS DATA ACCESS4
	476	+	system at the state judicial department, or any other source, as set forth5
	477	+	in section 26.5-5-316 (1)(a)(II).6
	478	+	SECTION 18. In Colorado Revised Statutes, 26.5-5-326, amend7
	479	+	(1)(a)(IV); and add (1)(a)(V) as follows:8
	480	+	26.5-5-326. Exempt family child care home providers -9
	481	+	fingerprint-based criminal history record check - child care10
	482	+	assistance program money - temporary care - rules - definitions.11
	483	+	(1) (a) (IV) The C
	484	+	OLORADO BUREAU OF INVESTIGATION 'S BACKGROUND12
	485	+	CHECK PORTION OF THE FCC required pursuant to this section is a13
	486	+	prerequisite to the issuance or renewal of a contract for receipt of money14
	487	+	under
	488	+	PURSUANT TO the Colorado child care assistance program as15
	489	+	provided in part 1 of article 4 of this title 26.5. The department shall not16
	490	+	issue or renew a contract for payment of money under the Colorado child17
	491	+	care assistance program to a qualified provider who fails to submit to the18
425	492		C
426		-	OLORADO BUREAU OF INVESTIGATION 'S BACKGROUND CHECK PORTION OF
427		-	THE
428		-	FCC required pursuant to this section is a prerequisite to the issuance
429		-	or renewal of a contract for receipt of money under
430		-	PURSUANT TO the
431		-	Colorado child care assistance program as provided in part 1 of article 4 of
432		-	this title 26.5. The department shall not issue or renew a contract for
433		-	payment of money under the Colorado child care assistance program to a
434		-	qualified provider who fails to submit to
435		-	the COLORADO BUREAU OF
436		-	INVESTIGATIONS BACKGROUND CHECK PORTION OF THE
437		-	FCC or fails to
438		-	submit fingerprints for a qualified adult.
	493	+	OLORADO BUREAU OF INVESTIGATIONS BACKGROUND CHECK PORTION19
	494	+	OF THE FCC or fails to submit fingerprints for a qualified adult.20
439	495		(V) T
440		-	HE FEDERAL BUREAU OF INVESTIGATION'S PORTION OF ~~THE FCC~~
441		-	~~REQUIRED PURSUANT TO THIS SECTION IS A PREREQUISITE TO THE ISSUANCE~~
442		-	~~OF AN INITIAL CONTRACT~~
443		-	, AND MUST BE CONDUCTED ~~EVERY FIVE YEARS~~
444		-	THEREAFTER
445		-	~~, FOR RECEIPT OF MONEY PURSUANT TO THE COLORADO CHILD~~
446		-	CARE ASSISTANCE PROGRAM AS PROVIDED IN PART
447		-	~~1 OF~~ ARTICLE 4 OF THIS
448		-	~~TITLE~~
449		-	~~26.5. THE DEPARTMENT SHALL NOT ISSUE OR RENEW A CONTRACT FOR~~
450		-	~~PAYMENT OF MONEY PURSUANT~~ TO ~~THE~~
451		-	~~COLORADO CHILD CARE ASSISTANCE~~
452		-	~~PAGE 12-HOUSE~~ ~~BILL 23-1235 PROGRAM TO A QUALIFIED PROVIDER WHO~~ FAILS TO SUBMIT ~~THE FEDERAL~~
453		-	~~BUREAU~~ OF ~~INVESTIGATION~~
454		-	~~'S PORTION OF THE FCC OR FAILS TO SUBMIT~~
455		-	~~FINGERPRINTS FOR A QUALIFIED ADULT AT THE TIME OF INITIAL CONTRACT~~
456		-	OR ~~EVERY FIVE YEARS THEREAFTER~~
457		-	.
458		-	SECTION ~~19. In Colorado Revised Statutes~~, ~~26.5-5-328, repeal~~
459		-	~~(2)~~, ~~(3), and (4) as follows:~~
460		-	~~26.5-5-328. Applications for licenses. (2) The department or anyauthorized agent of the department shall~~ deny, suspend, or revoke ~~a license~~
461		-	~~pursuant to~~ the ~~provisions of section 26-13-126, and any rules promulgated~~
462		-	~~to implement said section, if the department~~ or ~~agent receives a notice to~~
463		-	~~deny~~, ~~suspend~~, ~~or revoke from the state~~ child support ~~enforcement agency~~
464		-	because the ~~licensee or applicant is out of compliance with a court or~~
465		-	~~administrative order for current child support,~~ ~~child support debt,~~ ~~retroactive~~
466		-	~~child support,~~ ~~child support arrearages,~~ or child support ~~when combined~~
467		-	~~with maintenance~~ or ~~because the licensee or applicant has failed to comply~~
468		-	~~with a properly issued subpoena or warrant relating to a paternity or child~~
469		-	~~support proceeding.~~ ~~Any such denial,~~ ~~suspension, or revocation must be in~~
470		-	~~accordance with the procedures specified by rule~~ of ~~the department of~~
471		-	~~human services and rules promulgated by~~ the ~~state board of human services~~
472		-	~~for~~ the ~~implementation of section 26-13-126.~~
473		-	~~(3) (a)~~ The ~~department shall enter into a memorandum~~ of
474		-	~~understanding with~~ the state child support enforcement agency~~, which~~
475		-	~~memorandum must identify the relative responsibilities~~ of ~~the department~~
476		-	~~and~~ the ~~state child support enforcement agency with respect~~ to ~~the~~
477		-	~~implementation of this section and section 26-13-126.~~
478		-	~~(b) The executive director may promulgate rules to implement the~~
479		-	~~provisions of~~ this section.
480		-	~~(4) As used in this section~~, ~~"license" means~~ any ~~recognition,~~
481		-	~~authority, or permission that~~ the department ~~or any~~ authorized ~~agent of the~~
482		-	~~department is authorized by law to issue for an individual to practice a~~
483		-	~~profession or occupation or recreational activity. "License" includes,~~ but is
484		-	~~not limited to, a license, certificate, certification, letter of~~ authorization, or
485		-	~~registration issued~~ for an individual to ~~practice a profession or occupation~~
486		-	~~or for an individual to participate in a~~ recreational activity.
487		-	~~PAGE 13-HOUSE BILL 23-1235~~ SECTION 20. In Colorado Revised Statutes, 19-1-307, ~~amend~~
488		-	(2)(j.7), (2)(k), (2)(k.5), (2)(l), (2)(r), and (2)(y) as follows:
489		-	19-1-307. Dependency and neglect records and information -
490		-	access - fee - records and reports fund - misuse of information - ~~penalty~~
491		-	- adult protective services data system check - rules. ~~(2) Records and~~
492		-	reports - access to certain persons - agencies. ~~Except as set forth in~~
493		-	section 19-1-303, only the following persons or ~~agencies have access to~~
494		-	child abuse or neglect records and reports:
	496	+	HE FEDERAL BUREAU OF INVESTIGATION 'S PORTION OF THE21
	497	+	FCC
	498	+	REQUIRED PURSUANT TO THIS SECTION IS A PREREQUISITE TO THE22
	499	+	ISSUANCE OF AN INITIAL CONTRACT , AND MUST BE CONDUCTED EVERY23
	500	+	FIVE YEARS THEREAFTER, FOR RECEIPT OF MONEY PURSUANT TO THE24
	501	+	C
	502	+	OLORADO CHILD CARE ASSISTANCE PROGRAM AS PROVIDED IN PART 1 OF25
	503	+	ARTICLE 4 OF THIS TITLE 26.5. THE DEPARTMENT SHALL NOT ISSUE OR26
	504	+	RENEW A CONTRACT FOR PAYMENT OF MONEY PURSUANT TO THE27
	505	+	1235
	506	+	-16- COLORADO CHILD CARE ASSISTANCE PROGRAM TO A QUALIFIED PROVIDER1
	507	+	WHO FAILS TO SUBMIT THE FEDERAL BUREAU OF INVESTIGATION 'S PORTION2
	508	+	OF THE FCC OR FAILS TO SUBMIT FINGERPRINTS FOR A QUALIFIED ADULT3
	509	+	AT THE TIME OF INITIAL CONTRACT OR EVERY FIVE YEARS THEREAFTER .4
	510	+	SECTION 19. In Colorado Revised Statutes, 26.5-5-328, repeal5
	511	+	(2), (3), and (4) as follows:6
	512	+	26.5-5-328. Applications for licenses. (2) The department or any7
	513	+	authorized agent of the department shall deny, suspend, or revoke a8
	514	+	license pursuant to the provisions of section 26-13-126, and any rules9
	515	+	promulgated to implement said section, if the department or agent10
	516	+	receives a notice to deny, suspend, or revoke from the state child support11
	517	+	enforcement agency because the licensee or applicant is out of12
	518	+	compliance with a court or administrative order for current child support,13
	519	+	child support debt, retroactive child support, child support arrearages, or14
	520	+	child support when combined with maintenance or because the licensee15
	521	+	or applicant has failed to comply with a properly issued subpoena or16
	522	+	warrant relating to a paternity or child support proceeding. Any such17
	523	+	denial, suspension, or revocation must be in accordance with the18
	524	+	procedures specified by rule of the department of human services and19
	525	+	rules promulgated by the state board of human services for the20
	526	+	implementation of section 26-13-126.21
	527	+	(3) (a) The department shall enter into a memorandum of22
	528	+	understanding with the state child support enforcement agency, which23
	529	+	memorandum must identify the relative responsibilities of the department24
	530	+	and the state child support enforcement agency with respect to the25
	531	+	implementation of this section and section 26-13-126.26
	532	+	(b) The executive director may promulgate rules to implement the27
	533	+	1235
	534	+	-17- provisions of this section.1
	535	+	(4) As used in this section, "license" means any recognition,2
	536	+	authority, or permission that the department or any authorized agent of3
	537	+	the department is authorized by law to issue for an individual to practice4
	538	+	a profession or occupation or recreational activity. "License" includes,5
	539	+	but is not limited to, a license, certificate, certification, letter of6
	540	+	authorization, or registration issued for an individual to practice a7
	541	+	profession or occupation or for an individual to participate in a8
	542	+	recreational activity.9
	543	+	SECTION 20. In Colorado Revised Statutes, 19-1-307, amend10
	544	+	(2)(j.7), (2)(k), (2)(k.5), (2)(l), (2)(r), and (2)(y) as follows:11
	545	+	19-1-307. Dependency and neglect records and information -12
	546	+	access - fee - records and reports fund - misuse of information -13
	547	+	penalty - adult protective services data system check - rules.14
	548	+	(2) Records and reports - access to certain persons - agencies. Except15
	549	+	as set forth in section 19-1-303, only the following persons or agencies16
	550	+	have access to child abuse or neglect records and reports:17
495	551		(j.7) The department of early childhood,
496		-	WHEN REQUESTED IN
497		-	WRITING BY ANY OPERATOR OF A FACILITY THAT IS
498		-	investigating an
499		-	applicant for an employee or volunteer position with, or an employee or
500		-	volunteer of, a licensed neighborhood youth organization pursuant to
501		-	section 26.5-5-308, when the applicant, employee, or volunteer has given
502		-	written authorization to the department of early childhood to check records
503		-	or reports of child abuse or neglect. A
504		-	NY OPERATOR WHO REQUESTS
505		-	INFORMATION CONCERNING AN INDIVIDUAL WHO IS NOT A CURRENT
506		-	EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS A CLASS
	552	+	WHEN REQUESTED IN18
	553	+	WRITING BY ANY OPERATOR OF A FACILITY THAT IS investigating an19
	554	+	applicant for an employee or volunteer position with, or an employee or20
	555	+	volunteer of, a licensed neighborhood youth organization pursuant to21
	556	+	section 26.5-5-308, when the applicant, employee, or volunteer has given22
	557	+	written authorization to the department of early childhood to check23
	558	+	records or reports of child abuse or neglect. A
	559	+	NY OPERATOR WHO24
	560	+	REQUESTS INFORMATION CONCERNING AN INDIVIDUAL WHO IS NOT A25
	561	+	CURRENT EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS A26
	562	+	CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION27
	563	+	1235
	564	+	-18- 18-1.3-501. WITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE1
	565	+	DEPARTMENT OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE2
	566	+	REPORT OF THE INCIDENT, THE LOCATION OF INVESTIGATION, THE TYPE OF3
	567	+	ABUSE AND NEGLECT , AND THE COUNTY THAT INVESTIGATED THE4
	568	+	INCIDENT CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE OR5
	569	+	NEGLECT.6
	570	+	(k) The state department of human services or department of early7
	571	+	childhood, when requested in writing by any operator of a facility or8
	572	+	agency that is licensed by the state department of human services9
	573	+	pursuant to section 26-6-912 or department of early childhood pursuant10
	574	+	to section 26.5-5-316, to check records or reports of child abuse or11
	575	+	neglect for the purpose of screening an applicant for employment or a12
	576	+	current employee. Any operator who requests information concerning an13
	577	+	individual who is neither NOT a current employee nor OR an applicant for14
	578	+	employment commits a class 2 misdemeanor and shall be punished as15
	579	+	provided in section 18-1.3-501. Within ten TWENTY days after the16
	580	+	operator's request, the state department of human services or department17
	581	+	of early childhood shall provide the date of the report of the incident, the18
	582	+	location of investigation, the type of abuse and neglect, and the county19
	583	+	that investigated the incident contained in the confirmed reports of child20
	584	+	abuse and neglect. Any operator who releases any information obtained21
	585	+	under PURSUANT TO this subsection (2)(k) to any other person violates the22
	586	+	provisions of subsection (4) of this section and is subject to the penalty23
	587	+	therefor COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED24
	588	+	PURSUANT TO SECTION 18-1.3-501.25
	589	+	(k.5) The state department of human services or department of26
	590	+	early childhood, when requested in writing by a qualified county27
	591	+	1235
	592	+	-19- department, individual, or child placement agency approved to conduct1
	593	+	home study investigations and reports pursuant to section 19-5-207.52
	594	+	(2)(b)(I) for purposes of screening a prospective adoptive parent or any3
	595	+	adult residing in the home under PURSUANT TO section 19-5-207 (2.5)(c),4
	596	+	or investigating a prospective foster care parent, kinship care parent, or5
	597	+	an adult residing in the home under PURSUANT TO section 26-6-9126
	598	+	(1)(c). Within ten TWENTY days after the request, the state department of7
	599	+	human services or department of early childhood shall provide the date8
	600	+	of the report of the incident, the location of investigation, the type of9
	601	+	abuse and neglect, and the county that investigated the incident contained10
	602	+	in the confirmed reports of child abuse or neglect. The county11
	603	+	department, individual, or child placement agency is subject to the fee12
	604	+	assessment established in subsection (2.5) of this section. With respect13
	605	+	to screening a prospective adoptive parent, any employee of the county14
	606	+	department or the child placement agency or any individual who releases15
	607	+	any information obtained pursuant to this subsection (2)(k.5) to any16
	608	+	person other than the adoption court violates the provisions of subsection17
	609	+	(4) of this section and is subject to the penalty therefor COMMITS A CLASS18
507	610		2
508		-	MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION 18-1.3-501.
509		-	W
510		-	ITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE DEPARTMENT
511		-	OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE REPORT OF THE
512		-	INCIDENT
513		-	, THE LOCATION OF INVESTIGATION , THE TYPE OF ABUSE AND
514		-	NEGLECT
515		-	, AND THE COUNTY THAT INVESTIGATED THE INCIDENT CONTAINED
516		-	IN THE CONFIRMED REPORTS OF CHILD ABUSE OR NEGLECT
517		-	.
518		-	(k) The state department of human services or department of early
519		-	childhood, when requested in writing by any operator of a facility or agency
520		-	that is licensed by the state department of human services pursuant to
521		-	section 26-6-912 or department of early childhood pursuant to section
522		-	26.5-5-316, to check records or reports of child abuse or neglect for the
523		-	purpose of screening an applicant for employment or a current employee.
524		-	Any operator who requests information concerning an individual who is
525		-	neither
526		-	NOT a current employee nor OR an applicant for employment
527		-	commits a class 2 misdemeanor and shall be punished as provided in section
528		-	18-1.3-501. Within ten
529		-	TWENTY days after the operator's request, the state
530		-	department of human services or department of early childhood shall
531		-	provide the date of the report of the incident, the location of investigation,
532		-	the type of abuse and neglect, and the county that investigated the incident
533		-	contained in the confirmed reports of child abuse and neglect. Any operator
534		-	PAGE 14-HOUSE BILL 23-1235 who releases any information obtained under PURSUANT TO this subsection
535		-	(2)(k) to any other person violates the provisions of subsection (4) of this
536		-	section and is subject to the penalty therefor COMMITS A CLASS 2
537		-	MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION 18-1.3-501.
538		-	(k.5) The state department of human services or department of early
539		-	childhood, when requested in writing by a qualified county department,
540		-	individual, or child placement agency approved to conduct home study
541		-	investigations and reports pursuant to section 19-5-207.5 (2)(b)(I) for
542		-	purposes of screening a prospective adoptive parent or any adult residing
543		-	in the home under
544		-	PURSUANT TO section 19-5-207 (2.5)(c), or investigating
545		-	a prospective foster care parent, kinship care parent, or an adult residing in
546		-	the home under
547		-	PURSUANT TO section 26-6-912 (1)(c). Within ten TWENTY
548		-	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
549		-	provisions of subsection (4) of this section and is subject to the penalty
550		-	therefor COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED
551		-	PURSUANT TO SECTION
	611	+	MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION19
	612	+	18-1.3-501.20
	613	+	(l) The state department of human services or department of early21
	614	+	childhood, when requested in writing by the department of education to22
	615	+	check records or reports of child abuse or neglect for the purpose of23
	616	+	aiding the department of education in its investigation of an allegation of24
	617	+	abuse by an employee of a school district in this state. Within ten
	618	+	25
	619	+	TWENTY days of AFTER the department of education's request, the state26
	620	+	department of human services or department of early childhood shall27
	621	+	1235
	622	+	-20- provide the date of the report of the incident, the location of1
	623	+	investigation, the type of abuse or neglect, and the county that2
	624	+	investigated the incident contained in the confirmed reports of child3
	625	+	abuse or neglect. The department of education is subject to the fee4
	626	+	assessment established in subsection (2.5) of this section. Any employee5
	627	+	of the department of education who releases any information obtained6
	628	+	under this subsection (2)(l) to any person not authorized to receive the7
	629	+	information pursuant to the provisions of section 22-32-109.7 or any8
	630	+	member of the board of education of a school district who releases the9
	631	+	information obtained pursuant to said section violates the provisions of10
	632	+	subsection (4) of this section and is subject to the penalty for the violation11
	633	+	SECTION 22-32-109.7 COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE12
	634	+	PUNISHED PURSUANT TO SECTION 18-1.3-501.13
	635	+	(r) The department of early childhood,
	636	+	WHEN REQUESTED IN14
	637	+	WRITING BY ANY OPERATOR OF A GUEST CHILD CARE FACILITY OR PUBLIC15
	638	+	SERVICE SHORT-TERM CHILD CARE FACILITY THAT IS investigating an16
	639	+	applicant for a supervisory employee position or an employee of a guest17
	640	+	child care facility or a public services short-term child care facility18
	641	+	pursuant to section 26.5-5-307, when the applicant or employee, as a19
	642	+	requirement of application for employment, has given written20
	643	+	authorization to the department of early childhood to check records or21
	644	+	reports of child abuse or neglect. A
	645	+	NY OPERATOR WHO REQUESTS22
	646	+	INFORMATION CONCERNING AN INDIVIDUAL WHO IS NOT A CURRENT23
	647	+	EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS A CLASS 224
	648	+	MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION25
552	649		18-1.3-501.
553		-	(l) The state department of human services or department of early
554		-	childhood, when requested in writing by the department of education to
555		-	check records or reports of child abuse or neglect for the purpose of aiding
556		-	the department of education in its investigation of an allegation of abuse by
557		-	an employee of a school district in this state. Within ten
558		-	TWENTY days of
559		-	AFTER the department of education's request, the state department of human
560		-	services or department of early childhood shall provide the date of the
561		-	report of the incident, the location of investigation, the type of abuse or
562		-	neglect, and the county that investigated the incident contained in the
563		-	confirmed reports of child abuse or neglect. The department of education
564		-	is subject to the fee assessment established in subsection (2.5) of this
565		-	section. Any employee of the department of education who releases any
566		-	information obtained under this subsection (2)(l) to any person not
567		-	PAGE 15-HOUSE BILL 23-1235 authorized to receive the information pursuant to the provisions of section
568		-	22-32-109.7 or any member of the board of education of a school district
569		-	who releases the information obtained pursuant to said section violates the
570		-	provisions of subsection (4) of this section and is subject to the penalty for
571		-	the violation SECTION 22-32-109.7 COMMITS A CLASS 2 MISDEMEANOR AND
572		-	SHALL BE PUNISHED PURSUANT TO SECTION
573		-	18-1.3-501.
574		-	(r) The department of early childhood,
575		-	WHEN REQUESTED IN WRITING
576		-	BY ANY OPERATOR OF A GUEST CHILD CARE FACILITY OR PUBLIC SERVICE
577		-	SHORT
578		-	-TERM CHILD CARE FACILITY THAT IS investigating an applicant for a
579		-	supervisory employee position or an employee of a guest child care facility
580		-	or a public services short-term child care facility pursuant to section
581		-	26.5-5-307, when the applicant or employee, as a requirement of application
582		-	for employment, has given written authorization to the department of early
583		-	childhood to check records or reports of child abuse or neglect. A
584		-	NY
585		-	OPERATOR WHO REQUESTS INFORMATION CONCERNING AN INDIVIDUAL WHO
586		-	IS NOT A CURRENT EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS
587		-	A CLASS
588		-	2 MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION
589		-	18-1.3-501. WITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE
590		-	DEPARTMENT OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE
591		-	REPORT OF THE INCIDENT
592		-	, THE LOCATION OF INVESTIGATION, THE TYPE OF
593		-	ABUSE AND NEGLECT
594		-	, AND THE COUNTY THAT INVESTIGATED THE INCIDENT
595		-	CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE AND NEGLECT
596		-	.
597		-	(y) The state department of human services, or
598		-	department of early
599		-	childhood,
600		-	OR A REQUESTING INDIVIDUAL, OR THE INDIVIDUAL'S DESIGNEE,
601		-	AFTER PROOF OF IDENTIFICATION , when requested in writing by anindividual to check records or reports of child abuse or neglect OF THE
602		-	REQUESTING INDIVIDUAL
603		-	for the purpose of screening that
604		-	THE REQUESTING
605		-	individual when that THE REQUESTING individual's responsibilities include
606		-	care of children, treatment of children, supervision of children, or
607		-	unsupervised contact with children.
608		-	SECTION 21. In Colorado Revised Statutes, 25-4-2206, amend
609		-	(2)(a) introductory portion, (2)(a)(XII), and (2)(a)(XIII); and add
610		-	(2)(a)(XIV) as follows:
611		-	25-4-2206. Health equity commission - creation - repeal.
612		-	(2) (a) The commission consists of the following twenty-two
613		-	TWENTY-THREE members, who are as follows:
614		-	PAGE 16-HOUSE BILL 23-1235 (XII) The executive director of the department of corrections, or the
615		-	executive director's designee; and
616		-	(XIII) The executive director of the department of higher education,
617		-	or the executive director's designee;
618		-	AND
619		-	(XIV) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY
620		-	CHILDHOOD
621		-	, OR THE EXECUTIVE DIRECTOR'S DESIGNEE.
622		-	SECTION 22. Safety clause. The general assembly hereby finds,
623		-	PAGE 17-HOUSE BILL 23-1235 determines, and declares that this act is necessary for the immediate
624		-	preservation of the public peace, health, or safety.
625		-	____________________________ ____________________________
626		-	Julie McCluskie Steve Fenberg
627		-	SPEAKER OF THE HOUSE PRESIDENT OF
628		-	OF REPRESENTATIVES THE SENATE
629		-	____________________________ ____________________________
630		-	Robin Jones Cindi L. Markwell
631		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
632		-	OF REPRESENTATIVES THE SENATE
633		-	APPROVED________________________________________
634		-	(Date and Time)
635		-	_________________________________________
636		-	Jared S. Polis
637		-	GOVERNOR OF THE STATE OF COLORADO
638		-	PAGE 18-HOUSE BILL 23-1235
	650	+	WITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE26
	651	+	DEPARTMENT OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE27
	652	+	1235
	653	+	-21- REPORT OF THE INCIDENT, THE LOCATION OF INVESTIGATION, THE TYPE OF1
	654	+	ABUSE AND NEGLECT , AND THE COUNTY THAT INVESTIGATED THE2
	655	+	INCIDENT CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE AND3
	656	+	NEGLECT.4
	657	+	(y) The state department of human services, or department of5
	658	+	early childhood,
	659	+	OR A REQUESTING INDIVIDUAL , OR THE INDIVIDUAL'S6
	660	+	DESIGNEE, AFTER PROOF OF IDENTIFICATION, when requested in writing7
	661	+	by an individual
	662	+	to check records or reports of child abuse or neglect OF8
	663	+	THE REQUESTING INDIVIDUAL for the purpose of screening that THE9
	664	+	REQUESTING individual when that THE REQUESTING individual's10
	665	+	responsibilities include care of children, treatment of children,11
	666	+	supervision of children, or unsupervised contact with children.12
	667	+	SECTION 21. In Colorado Revised Statutes, 25-4-2206, amend13
	668	+	(2)(a) introductory portion, (2)(a)(XII), and (2)(a)(XIII); and add14
	669	+	(2)(a)(XIV) as follows:15
	670	+	25-4-2206. Health equity commission - creation - repeal.16
	671	+	(2) (a) The commission consists of the following twenty-two17
	672	+	TWENTY-THREE members, who are as follows:18
	673	+	(XII) The executive director of the department of corrections, or19
	674	+	the executive director's designee; and20
	675	+	(XIII) The executive director of the department of higher21
	676	+	education, or the executive director's designee;
	677	+	AND22
	678	+	(XIV) T
	679	+	HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY23
	680	+	CHILDHOOD, OR THE EXECUTIVE DIRECTOR'S DESIGNEE.24
	681	+	SECTION 22. Safety clause. The general assembly hereby finds,25
	682	+	determines, and declares that this act is necessary for the immediate26
	683	+	preservation of the public peace, health, or safety.27
	684	+	1235
	685	+	-22-