Colorado 2024 2024 Regular Session

Colorado House Bill HB1223 Introduced / Bill

Filed 02/07/2024

                    Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 24-0503.01 Michael Dohr x4347
HOUSE BILL 24-1223
House Committees Senate Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE IMPROVEMENT OF PROGRAMS THAT BENEFIT101
WORKING FAMILIES.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
.)
The bill overhauls the Colorado child care assistance program
(CCCAP). The bill simplifies the application process by:
! Creating a universal application;
! Limiting the application information to only what is
necessary to determine eligibility;
! Prohibiting counties from adding additional eligibility
HOUSE SPONSORSHIP
Willford and Garcia,
SENATE SPONSORSHIP
Cutter,
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. requirements; and
! When applying for redetermination, requiring the recipients
to provide only information that has changed.
The bill creates presumptive eligibility for 90 days when basic
federal requirements are met that are verified through self-attestation.
Income qualifications are changed to correspond with universal preschool
program requirements. A county may exclude state and federal assistance
program income eligibility guidelines in eligibility determinations.
An employee of a child care provider may apply to the CCCAP
and be granted full benefits for children from 6 weeks of age to 13 years
of age, regardless of the employee's income.
The bill directs that child care providers be paid based on
enrollment and not on attendance and be paid a weekly rate in advance.
Employers are permitted to cover copayments, and copayments are
limited to 7% of a family's income. The bill authorizes grants and
contracts for underserved populations.
The bill lists the crimes that disqualify a child care provider from
becoming qualified as license-exempt. Family child care home providers
are included as eligible providers.
A CCCAP recipient is required to engage in an eligible activity to
receive benefits. The bill includes substance use disorder treatment
programs, job training, and education activities as eligible activities.
The department of early childhood education (department) is
directed to evaluate the costs and benefits of a statewide reimbursement
process.
The bill directs the department to administer the child and adult
care food program (CACFP). A participant's eligibility for CACFP must
not be based on being qualified as exempt in CCCAP. The department
shall develop, implement, and oversee an alternative eligibility process
for participation in CACFP that is specifically tailored for license-exempt
family, friend, or neighbor providers.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Legislative declaration. (1)  The general assembly2
finds and declares that:3
(a)  Colorado has been committed to reducing the burdens placed4
on families seeking child care assistance and child care providers serving5
children through the Colorado child care assistance program;6
(b)  Currently, there are too many families who need child care and7
HB24-1223-2- do not have access, and this problem is especially acute for families in1
under-resourced neighborhoods;2
(c)  Federal funding from the American Rescue Plan Act infused3
an unprecedented amount of money into Colorado's child care system and4
created additional policy flexibility that provided stability and access for5
families across the state; and6
(d)  Administrative burdens serve as unnecessary hurdles for7
families to access the child care they need.8
(2)  Therefore, the general assembly determines it is necessary to:9
(a)  Make the recent policy changes made as a result of the10
American Rescue Plan Act permanent;11
(b)  Simplify the application process for applying for child care12
assistance;13
(c)  Authorize presumptive eligibility for child care assistance;14
(d)  Increase affordability of child care; and15
(e)  Improve payment practices to increase provider financial16
stability.17
SECTION 2. In Colorado Revised Statutes, 26.5-1-110, add (3)18
as follows:19
26.5-1-110.  Unified application - child care, services, and20
education. (3)  A
 COUNTY DEPARTMENT SHALL NOT ADD ADDITIONAL21
ELIGIBILITY OR REDETERMINATION CRITERIA OR PROCESSES , SUCH AS AN22
INTERVIEW OR ORIENTATION, TO THE APPLICATION.23
SECTION 3. In Colorado Revised Statutes, 26.5-4-103, amend24
(1); and add (1.5) as follows:25
26.5-4-103.  Definitions. As used in this part 1, unless the context26
otherwise requires:27
HB24-1223
-3- (1)  "Child care assistance program" or "CCCAP" means the public1
assistance program for child care known as the Colorado child care2
assistance program established in this part 1 "APPLICANT" MEANS AN3
INDIVIDUAL OR A FAMILY WHO SUBMITS AN APPLICATION TO THE4
C
OLORADO CHILD CARE ASSISTANCE PROGRAM .5
(1.5)  "C
HILD CARE ASSISTANCE PROGRAM " OR "CCCAP" MEANS6
THE PUBLIC ASSISTANCE PROGRAM FOR CHILD CARE KNOWN AS THE7
C
OLORADO CHILD CARE ASSISTANCE PROGRAM ESTABLISHED IN THIS PART8
1.9
SECTION 4. In Colorado Revised Statutes, 26.5-4-106, amend10
(1)(b), (1)(c) introductory portion, (1)(c)(II), (2)(a), and (2)(c); and add11
(1)(d), (1.5), and (6) as follows:12
26.5-4-106.  Applications for child care assistance -13
applications for child care employees - verification - award - not14
assignable - limitation - rules. (1) (b)  The department rules may
 MUST15
provide for a simplified 
STATEWIDE UNIVERSAL application in order that
16
SO child care assistance may be furnished to eligible persons as soon as17
possible and shall MUST provide adequate safeguards and controls to18
ensure that only eligible persons receive child care assistance under19
PURSUANT TO this part 1. THE APPLICATION MUST SPECIFY INCOME20
ELIGIBILITY LEVELS BY INCOME PERCENTAGE AND BY MONTHLY INCOME21
FOR FAMILIES TO USE BEFORE APPLYING. The unified application that the22
DEVELOPED BY THE department develops pursuant to section 26.5-1-11023
must at some point include application for child care assistance through24
CCCAP.25
(c)  A person seeking child care assistance must SHALL submit an26
application in accordance with department rule, and the department shall27
HB24-1223
-4- ensure that the application is routed to the applicant's county of residence.1
E
ARLY CARE AND EDUCATION PROVIDERS AND EMPLOYEES OF EARLY CARE2
AND EDUCATION PROVIDERS WHO ARE SEEKING CHILD CARE ASSISTANCE3
SHALL ALSO SUBMIT AN APPLICATION INDICATING THEIR ELIGIBILITY AS A4
PROVIDER IN ACCORDANCE WITH SUBSECTION (1.5) OF THIS SECTION. An5
application for child care assistance must:6
(II)  Include the name, age, and residence of the applicant and a
7
statement of the amount of property, both real and personal, in which the8
applicant has an interest and of all income the applicant may have at the9
time of the filing of the application THE APPLICANT'S CURRENT10
RESIDENCY; THE AGE AND IDENTITY OF THE CHILD OR CHILDREN FOR11
WHOM CARE IS REQUESTED ; LOW-INCOME ELIGIBLE ACTIVITY; INCOME;12
SCHEDULE, IF NONTRADITIONAL-CARE HOURS ARE REQUESTED AT THE13
TIME OF APPLICATION OR REDETERMINATION ; INCAPACITATION, IF14
APPLICABLE; and such other information as may be required by15
department rule and THAT IS NECESSARY TO DETERMINE ELIGIBILITY. THE16
DEPARTMENT SHALL NOT REQUEST THAT THE APPLICANT PROVIDE17
IMMUNIZATION HISTORY OR CHILD CARE PROVIDER PREFERENCES , EXCEPT18
WHEN UTILIZING A QUALIFIED LICENSE -EXEMPT PROVIDER. CUSTODY19
ARRANGEMENTS SHALL NOT BE INCLUDED ON THE APPLICATION OR20
OTHERWISE COLLECTED TO DETERMINE ELIGIBILITY FOR CCCAP.21
(d)  A
 COUNTY DEPARTMENT SHALL NOT ADD ADDITI ONAL22
ELIGIBILITY OR REDETERMINATION CRITERIA OR PROCESSES , SUCH AS AN23
INTERVIEW OR ORIENTATION, TO THE APPLICATION.24
(1.5) (a)  T
HE DEPARTMENT SHALL INCLUDE A QUESTION ON THE25
APPLICATION FOR SELF-ATTESTATION BY EARLY CARE AND EDUCATION26
PROVIDERS AND EMPLOYEES OF EARLY CARE AND EDUCATION PROVIDERS .27
HB24-1223
-5- (b)  IF THE DEPARTMENT VERIFIES THAT THE APPLICANT IS AN1
EARLY CARE AND EDUCATION PROVIDER OR AN EMPLOYEE OF A EARLY2
CARE AND EDUCATION PROVIDER , THE DEPARTMENT SHALL PROVIDE FULL3
CHILD CARE ASSISTANCE THROUGH CCCAP TO THE APPLICANT FOR ANY4
CHILD FROM SIX WEEKS OF AGE TO THIRTEEN YEARS OF AGE AS LONG AS5
THE APPLICANT REMAINS EMPLOYED WITH A PROVIDER .6
(c)  T
HE DEPARTMENT SHALL DETERMINE WHETHER AN EARLY7
CARE AND EDUCATION PROVIDER OR EMPLOYEES OF EARLY CARE AND8
EDUCATION PROVIDERS ARE ELIGIBLE FOR CCCAP UNDER FEDERAL9
ELIGIBILITY GUIDELINES. FOR EARLY CARE AND EDUCATION PROVIDERS OR10
EMPLOYEES OF EARLY CARE AND EDUCATION PROVIDERS THAT ARE NOT11
ELIGIBLE BASED ON FEDERAL ELIGIBILITY GUIDELINES , ONLY STATE AND12
LOCAL FUNDING MAY BE USED TO PROVIDE FULL CHILD CARE ASSISTANCE13
TO THE APPLICANT FOR ANY CHILD FROM SIX WEEKS TO THIRTEEN YEARS14
OF AGE.15
(2) (a)  When a county department receives an application for child16
care assistance, it shall promptly make a record concerning the17
circumstances of the applicant to verify the facts supporting the18
application and shall examine all pertinent records. and shall make a
19
diligent effort to examine all records prior to granting assistance. The20
county department shall also verify such ANY other information as may21
be required by department rule.22
(c)  If the information is reasonably available, The county23
department shall complete PRESUME ELIGIBILITY FOR ALL APPLICANTS24
THROUGH SELF-ATTESTATION IF APPLICANTS ARE IN AN ELIGIBLE ACTIVITY25
AND INCOME-ELIGIBLE. THE COUNTY SHALL APPROVE OR CONTINUE CHILD26
CARE ASSISTANCE WHILE COMPLETING the verification before approving27
HB24-1223
-6- or continuing child care assistance FOR UP TO NINETY DAYS.1
(6)  T
HE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR THE2
IMPLEMENTATION OF THIS SECTION.3
SECTION 5. In Colorado Revised Statutes, 26.5-4-107, amend4
(1) as follows:5
26.5-4-107.  Reconsideration and changes. (1)  A county6
department shall reconsider child care assistance awarded pursuant to this7
part 1 as frequently as and in the manner required by department rules.8
After such
 further verification and record as the county department may9
deem DEEMS necessary or department rules may require, the amount of10
child care assistance provided may be changed or child care assistance11
may be OR terminated, if the department or the county department finds12
that the recipient's circumstances have altered sufficiently to warrant such13
action or if changes in state or federal law have been made that would14
warrant such action. A
 COUNTY DEPARTMENT SHALL ONLY REQUIRE AND15
COLLECT, BY UTILIZING A PRE -POPULATED APPLICATION , ANY16
DOCUMENTATION THAT HAS CHANGED SINCE THE RECIPIENT 'S PREVIOUS17
APPLICATION PROCESS AND THAT IS NECESSARY TO DETERMINE THE18
RECIPIENT'S CONTINUED ELIGIBILITY.19
SECTION 6. In Colorado Revised Statutes, 26.5-4-109, add (5)20
as follows:21
26.5-4-109.  Provider rates - provider recruitment - provider22
disqualification. (5)  A
N EARLY CARE AND EDUCATION PROVIDER IS23
INELIGIBLE TO RECEIVE REIMBURSEMENT IF IT EMPLOYS A PERSON24
CONVICTED OF:25
(a)  F
ELONY CHILD ABUSE, AS DESCRIBED IN SECTION 18-6-401;26
(b)  M
URDER IN THE FIRST DEGREE, AS DESCRIBED IN SECTION27
HB24-1223
-7- 18-3-102; MURDER IN THE SECOND DEGREE , AS DESCRIBED IN SECTION1
18-3-103;
 MANSLAUGHTER , AS DESCRIBED IN SECTION 18-3-104;2
CRIMINALLY NEGLIGENT HOMICIDE , AS DESCRIBED IN SECTION 18-3-105;3
OR VEHICULAR HOMICIDE, AS DESCRIBED IN SECTION 18-3-106;4
(c)  K
IDNAPPING IN THE FIRST OR SECOND DEGREE, AS DESCRIBED5
IN SECTIONS 18-3-301 AND 18-3-302; OR FELONY FALSE IMPRISONMENT,6
AS DESCRIBED IN SECTION 18-3-303;7
(d)  A
 FELONY CRIME OF VIOLENCE ENHANCER , AS DEFINED IN8
SECTION 18-1.3-406 (2)(a)(I), EXCLUDING THE CONVICTION OF ESCAPE ;9
(e)  A
N OFFENSE INVOLVING UNLAWFUL SEXUAL BEHAVIOR , AS10
DEFINED IN SECTION 16-22-102 (9), INCLUDING SEXUAL EXPLOITATION OF11
A CHILD, HUMAN TRAFFICKING FOR SEXUAL SERVITUDE , AND HUMAN12
TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE ;13
(f)  A
 FELONY, THE UNDERLYING FACTUAL BASIS OF WHICH HAS14
BEEN FOUND BY A COURT TO INCLUDE AN ACT OF DOMESTIC VIOLENCE , AS15
DEFINED IN SECTION 18-6-800.3 (1), WITHIN THE PRECEDING FIVE YEARS;16
(g)  A
 FELONY INVOLVING PHYSICAL ASSAULT , AS DESCRIBED IN17
SECTION 18-3-202 OR 18-3-203, WITHIN THE PRECEDING FIVE YEARS;18
(h)  A
 PATTERN OF MISDEMEANOR CONVICTIONS RELATED TO19
DOMESTIC VIOLENCE WITHIN THE PRECEDING FIVE YEARS ; OR20
(i)  A
N OFFENSE IN ANY OTHER STATE, THE ELEMENTS OF WHICH21
ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF ANY ONE OF THE22
OFFENSES DESCRIBED IN SUBSECTIONS (5)(a) TO (5)(i) OF THIS SECTION.23
SECTION 7. In Colorado Revised Statutes, 26.5-4-111, amend24
(1), (2)(a), (4)(a)(I), (4)(b), (4)(c), (7)(d), and (12)(a); and add (15) as25
follows:26
26.5-4-111.  Services - eligibility - assistance provided - waiting27
HB24-1223
-8- lists - rules - exceptions from cooperating with child support1
establishment. (1)  Subject to available appropriations and pursuant to2
department rules promulgated for the implementation of this part 1, a3
county shall provide child care assistance to a participant or any person4
or family whose income is not more than one hundred eighty-five percent5
of the federal poverty level. Subject to available appropriations and as6
necessary to comply with federal law or to align eligibility across early7
care and education programs specifically to meet the early care and8
education, income security, and child welfare needs of similar populations9
and as allowed by federal regulations, the executive director by rule may10
adjust the percentage of the federal poverty level used to determine child11
care assistance eligibility and shall revise income and verification12
requirements that promote alignment and simplification 
WITH THE13
C
OLORADO UNIVERSAL PRESCHOOL PROGRAM .14
(2) (a)  A county may provide child care assistance for any family15
whose income at initial determination exceeds the requirements of16
subsection (1) of this section but does not exceed the maximum federal17
level for eligibility for services of eighty-five percent of the state median18
income for a family of the same size if it is serving all eligible families19
who have applied for CCCAP and whose income level is below that20
requirement. A
 COUNTY SHALL EXCLUDE STATE AND FEDERAL ASSISTANCE21
PROGRAM INCOME IN ELIGIBILITY DETERMINATIONS .22
(4) (a) (I)  A recipient of child care assistance through CCCAP is23
responsible for paying a portion of the recipient's child care costs based24
upon the recipient's income and the formula developed by department25
rule. T
HE DEPARTMENT AND COUNTIES SHALL PROVIDE PARENT FEE26
INFORMATION IN A VARIETY OF DISSEMINATION METHODS SUCH AS27
HB24-1223
-9- WEBSITES, MASS MEDIA, PAPER FORMS AND BROCHURES , AND TARGETED1
OUTREACH. THE INFORMATION MUST INCLUDE A CLEAR DEFINITION OF THE2
PARENT FEE; HOW PARENT FEES ARE CALCULATED ; PARENT FEE POLICIES,3
SUCH AS WHEN THEY MUST BE PAID ; THE PARENT FEE AND SLIDING FEE4
SCALE; HOW PARENTS AND PROVIDERS WERE ENGAGED IN THE PROCESS5
FOR DETERMINING THE PARENT FEE AND SLIDING FEE SCALE ; AND A6
DESCRIPTION OF HOW PARENT FEES MIGHT DIFFER BASED ON THE PROVIDER7
THAT A FAMILY SELECTS . PARENT FEE SLIDING SCALES SHOULD BE8
PRESENTED IN A CLEAR, ACCESSIBLE FORMAT. THE INFORMATION MUST9
ALSO BE ACCESSIBLE IN LANGUAGES OTHER THAN ENGLISH AND SPANISH,10
BASED ON THE POPULATIONS THE DEPARTMENT AND COUNTIES SERVE .11
(b)  The executive director by rule shall establish, and at least12
every five years review and revise, as appropriate, a copayment schedule13
so that the copayment gradually increases as the family income14
approaches self-sufficiency income levels, 
BUT MUST BE NO GREATER15
THAN SEVEN PERCENT OF THE FAMILY 'S GROSS MONTHLY INCOME AS16
DETERMINED BASED ON ONE MONTH OF INCOME ; HOWEVER, IF A FEDERAL17
RULE LIMITS COPAYMENTS TO LESS THAN SEVEN PERCENT OF THE FAMILY 'S18
GROSS MONTHLY INCOME, THE DEPARTMENT SHALL IMMEDIATELY COMPLY19
WITH THE FEDERAL LIMIT. This revised copayment schedule should allow20
families to retain a portion of their increases in income.21
(c)  A participant who is employed shall pay a portion of the22
participant's income for child care assistance under CCCAP. The23
participant's required copayment pursuant to the provisions of this24
subsection (4)(c) must be
 IS determined by a formula established by25
department rule that takes into consideration the factors set forth in26
subsections (4)(a) and (4)(b) of this section. T
HE PARTICIPANT'S27
HB24-1223
-10- EMPLOYER MAY PAY THE PARTICIPANT 'S COPAYMENT AT THE1
PARTICIPANT'S COPAYMENT RATE.2
(7) (d)  Subject to available appropriations and Pursuant to3
department rules promulgated for the implementation of this part 1, a4
parent who is enrolled in a postsecondary education program or a5
workforce training program is eligible for CCCAP for at least any two6
years of the postsecondary education or workforce training program,7
provided all other CCCAP eligibility requirements are met during those8
two years. On and after July 1, 2023 JULY 1, 2024, a county may only NOT9
give priority for services to a working family over a family enrolled in10
postsecondary education or workforce training. if the county does not11
have sufficient funding and has received approval from the department12
before implementing the prioritization.13
(12)  Each county:14
(a)  Upon notification to counties by the department that the15
relevant case management systems, including the Colorado child care16
automated tracking system, are capable of accommodating this subsection17
(12)(a), and pursuant to department rules, in addition to regular provider18
reimbursement rates, shall pay providers for care in alignment with19
common practices in the private market for child care, 
INCLUDING PAYING20
PROVIDERS A WEEKLY RATE FOR EACH CHILD BASED ON CHILD21
ENROLLMENT IN ADVANCE OF THE PROVISION OF SERVICES . The22
department rules governing payment policies must allow daily23
reimbursement rates only for drop-in child care, back-up child care, and24
care that is commonly paid on a daily reimbursement basis in the child25
care market and must incentivize providers to promote regular program26
attendance. T
HE DEPARTMENT AND COUNTY DEPARTMENTS SHALL UTILIZE27
HB24-1223
-11- GRANTS AND CONTRACTS FOR UNDERSERVED POPULATIONS , INCLUDING1
INFANTS AND TODDLERS, CHILDREN WITH DISABILITIES, AND FAMILIES2
NEEDING NONTRADITIONAL -HOUR CARE, TO IMPROVE EQUITABLE ACCESS3
FOR THESE POPULATIONS. THE DEPARTMENT SHALL ANNUALLY EVALUATE4
DATA REGARDING THE NUMBERS AND PERCENTAGES OF UNDERSERVED5
POPULATIONS BEING SERVED BY CCCAP TO DETERMINE IF EQUITABLE6
ACCESS IS IMPROVED OR ACHIEVED. A PROVIDER MAY CHARGE A COUNTY7
DEPARTMENT MORE THAN THE PROVIDER 'S ESTABLISHED PRIVATE PAY8
RATES. THE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR THE9
IMPLEMENTATION OF THIS SUBSECTION (12).10
(15)  A
N APPLICANT CAN SATISFY THE ELIGIBLE ACTIVITY CRITERIA11
FOR UP TO ONE YEAR BY PARTICIPATING IN A SUBSTANCE USE DISORDER12
PROGRAM THROUGH JOB TRAINING . AN APPLICANT CAN SATISFY THE13
ELIGIBLE ACTIVITY CRITERIA THROUGH PARTICIPATING IN A JOB TRAINING14
PROGRAM OR EDUCATIONAL TRAINING .15
SECTION 8. In Colorado Revised Statutes, 26.5-4-112, amend16
(1) as follows:17
26.5-4-112.  Exemptions - requirements. (1)  Notwithstanding
18
any provision of section 26.5-4-111 to the contrary, an exempt family19
child care home provider, as defined in section 26.5-5-303, is not eligible20
to receive child care assistance money through CCCAP if the provider21
fails to meet the criteria established in section 26.5-5-326 THE22
DEPARTMENT SHALL CREATE A PROCESS FOR AN UNLICENSED PROVIDER TO23
SEEK LICENSE-EXEMPT STATUS AND ESTABLISHMENT AS AN ELIGIBLE24
CCCAP
 PROVIDER SEPARATE AND DISTINCT FROM THE PARENT -INITIATED25
PROCESS.26
SECTION 9. In Colorado Revised Statutes, 26.5-4-115, amend27
HB24-1223
-12- (1)(a) as follows:1
26.5-4-115.  Performance contracts. (1) (a)  Each county, either2
acting singly or with a group of counties, shall enter into an annual3
performance contract with the department that identifies the county's or4
group of counties' and the department's duties and responsibilities in5
implementing the child care assistance program, 
INCLUDING QUALITY6
CUSTOMER SERVICE TO CLIENTS. The performance contract must include,7
but need not be limited to, requirements and provisions that address each8
party's duties and responsibilities to work in a collaborative manner to9
administer, financially support, and implement the child care assistance10
program using fair and objective criteria.11
SECTION 10. In Colorado Revised Statutes, add 26.5-4-120 as12
follows:13
26.5-4-120.  Statewide reimbursement evaluation. T
HE14
DEPARTMENT SHALL CONDUCT OR CONTRACT FOR AN EVALUATION15
DETAILING THE COSTS AND BENEFITS OF IMPLEMENTING A STATE LEVEL16
REIMBURSEMENT PROCESS . THE EVALUATION MUST BE COMPLETED AND17
REPORTED TO THE HOUSE OF REPR ESENTATIVES EDUCATION COMMITTEE18
AND THE SENATE EDUCATION COMMITTEE , OR THEIR SUCCESSOR19
COMMITTEES, ON OR BEFORE DECEMBER 1, 2024.20
SECTION 11. In Colorado Revised Statutes, add part 4 to article21
4 of title 26.5 as follows:22
PART 423
CHILD AND ADULT CARE FOOD PROGRAM24
26.5-4-401.  Child and adult care food program - eligibility for25
family, friend, and neighbor providers. (1)  T
HE DEPARTMENT SHALL26
ADMINISTER THE CHILD AND ADULT CARE FOOD PROGRAM .27
HB24-1223
-13- (2)  A PARTICIPANT'S ELIGIBILITY IN THE CHILD AND ADULT CARE1
FOOD PROGRAM MUST NOT BE BASED ON BEING QUALIFIED AS EXEMPT IN2
THE COLORADO CHILD CARE ASSISTANCE PROGRAM .3
(3)  T
HE DEPARTMENT SHALL DEVELOP , IMPLEMENT, AND OVERSEE4
AN ALTERNATIVE ELIGIBILITY PROCESS FOR PARTICIPATION IN THE CHILD5
AND ADULT CARE FOOD PROGRAM THAT IS SPECIFICALLY TAILORED FOR6
LICENSE-EXEMPT FAMILY, FRIEND, OR NEIGHBOR PROVIDERS , AS7
DESCRIBED IN SECTION 26.5-3-808. THE DEPARTMENT SHALL WORK WITH8
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO DEVELOP9
GUIDELINES AND PROTOCOLS FOR THE IMPLEMENTATION OF THE10
ALTERNATIVE ELIGIBILITY PROCESS TO ENSURE ADEQUATE OVERSIGHT11
WITHOUT CREATING UNDUE ADMINISTRATIVE BURDENS FOR12
LICENSE-EXEMPT FAMILY, FRIEND, OR NEIGHBOR PROVIDERS.13
(4)  T
HE DEPARTMENT SHALL DEFINE A SIMPLIFIED SET OF14
ELIGIBILITY CRITERIA FOR LICENSE-EXEMPT FAMILY, FRIEND, OR NEIGHBOR15
PROVIDERS TO ACCESS CHILD AND ADULT CARE FOOD PROGRAM BENEFITS ,16
FOCUSING ON ENSURING THE NUTRITIONAL WELL -BEING OF CHILDREN IN17
THE PROVIDER'S CARE WHILE MINIMIZING ADMINISTRATIVE BARRIERS . THE18
CRITERIA MAY INCLUDE:19
(a)  C
OMPLIANCE WITH BASIC HEALTH AND SAFETY STANDARDS ;20
(b)  V
ERIFICATION OF BACKGROUND CHECKS FOR ADULTS IN THE21
HOUSEHOLD INTERACTING WITH CHILDREN ; AND22
(c)  A
TTENDANCE AT A BRIEF ORIENTATION OR TRAINING ON23
NUTRITION STANDARDS AND PROGRAM GUIDELINES .24
SECTION 12. Safety clause. The general assembly finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety or for appropriations for27
HB24-1223
-14- the support and maintenance of the departments of the state and state1
institutions.2
HB24-1223
-15-