Colorado 2024 Regular Session

Colorado House Bill HB1223 Compare Versions

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1+Second 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. 24-0503.01 Michael Dohr x4347
18 HOUSE BILL 24-1223
2-BY REPRESENTATIVE(S) Willford and Garcia, Amabile, Bacon, Bird,
3-Boesenecker, Brown, Clifford, deGruy Kennedy, Duran, English, Epps,
4-Froelich, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder,
5-Lindsay, Lindstedt, Lukens, Marvin, Mauro, McCormick, Parenti, Rutinel,
6-Story, Valdez, Vigil, Young, McCluskie;
7-also SENATOR(S) Cutter and Michaelson Jenet, Bridges, Exum, Fields,
8-Jaquez Lewis, Marchman, Priola, Rodriguez, Sullivan, Winter F.
9+House Committees Senate Committees
10+Health & Human Services State, Veterans, & Military Affairs
11+Appropriations Appropriations
12+A BILL FOR AN ACT
913 C
10-ONCERNING THE IMPROVEMENT OF PROGRAMS THAT BENEFIT WORKING
11-FAMILIES
12-, AND, IN CONNECTION THEREWITH , MAKING AN
13-APPROPRIATION
14-.
15-
16-Be it enacted by the General Assembly of the State of Colorado:
17-SECTION 1. Legislative declaration. (1) The general assembly
18-finds and declares that:
19-(a) Colorado has been committed to reducing the burdens placed on
20-families seeking child care assistance and child care providers serving
21-children through the Colorado child care assistance program;
22-(b) Currently, there are too many families who need child care and
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. do not have access, and this problem is especially acute for families in
31-under-resourced neighborhoods;
32-(c) Federal funding from the American Rescue Plan Act infused an
33-unprecedented amount of money into Colorado's child care system and
34-created additional policy flexibility that provided stability and access for
35-families across the state; and
36-(d) Administrative burdens serve as unnecessary hurdles for families
37-to access the child care they need.
38-(2) Therefore, the general assembly determines it is necessary to:
39-(a) Make the recent policy changes made as a result of the American
40-Rescue Plan Act permanent;
41-(b) Simplify the application process for applying for child care
42-assistance;
43-(c) Authorize presumptive eligibility for child care assistance;
44-(d) Increase affordability of child care; and
45-(e) Improve payment practices to increase provider financial
46-stability.
47-SECTION 2. In Colorado Revised Statutes, 26.5-1-110, add (3) as
48-follows:
49-26.5-1-110. Unified application - child care, services, and
50-education. (3) A
51- COUNTY DEPARTMENT SHALL NOT ADD ADDITIONAL
52-REQUIRED ELIGIBILITY CRITERIA TO THE APPLICATION OR REDETERMINATION
53-PROCESS
54-.
55-SECTION 3. In Colorado Revised Statutes, 26.5-4-103, amend (1);
56-and add (1.5) and (3.5) as follows:
57-26.5-4-103. Definitions. As used in this part 1, unless the context
58-otherwise requires:
59-PAGE 2-HOUSE BILL 24-1223 (1) "Child care assistance program" or "CCCAP" means the public
60-assistance program for child care known as the Colorado child care
61-assistance program established in this part 1 "APPLICANT" MEANS AN
62-INDIVIDUAL OR A FAMILY WHO SUBMITS AN APPLICATION TO THE
63-COLORADO
64-CHILD CARE ASSISTANCE PROGRAM
65-.
14+ONCERNING THE IMPROVEMENT OF PROGRAMS THAT BENEFIT101
15+WORKING
16+FAMILIES, AND, IN CONNECTION THEREWITH, MAKING102
17+AN APPROPRIATION.103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill overhauls the Colorado child care assistance program
26+(CCCAP). The bill simplifies the application process by:
27+! Creating a universal application;
28+! Limiting the application information to only what is
29+necessary to determine eligibility;
30+SENATE
31+3rd Reading Unamended
32+May 8, 2024
33+SENATE
34+2nd Reading Unamended
35+May 7, 2024
36+HOUSE
37+3rd Reading Unamended
38+May 3, 2024
39+HOUSE
40+Amended 2nd Reading
41+May 2, 2024
42+HOUSE SPONSORSHIP
43+Willford and Garcia, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, deGruy
44+Kennedy, Duran, English, Epps, Froelich, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp,
45+Lieder, Lindsay, Lindstedt, Lukens, Marvin, Mauro, McCluskie, McCormick, Parenti,
46+Rutinel, Story, Valdez, Vigil, Young
47+SENATE SPONSORSHIP
48+Cutter and Michaelson Jenet, Bridges, Exum, Fields, Jaquez Lewis, Marchman, Priola,
49+Rodriguez, Sullivan, Winter F.
50+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
51+Capital letters or bold & italic numbers indicate new material to be added to existing law.
52+Dashes through the words or numbers indicate deletions from existing law. ! Prohibiting counties from adding additional eligibility
53+requirements; and
54+! When applying for redetermination, requiring the recipients
55+to provide only information that has changed.
56+The bill creates presumptive eligibility for 90 days when basic
57+federal requirements are met that are verified through self-attestation.
58+Income qualifications are changed to correspond with universal preschool
59+program requirements. A county may exclude state and federal assistance
60+program income eligibility guidelines in eligibility determinations.
61+An employee of a child care provider may apply to the CCCAP
62+and be granted full benefits for children from 6 weeks of age to 13 years
63+of age, regardless of the employee's income.
64+The bill directs that child care providers be paid based on
65+enrollment and not on attendance and be paid a weekly rate in advance.
66+Employers are permitted to cover copayments, and copayments are
67+limited to 7% of a family's income. The bill authorizes grants and
68+contracts for underserved populations.
69+The bill lists the crimes that disqualify a child care provider from
70+becoming qualified as license-exempt. Family child care home providers
71+are included as eligible providers.
72+A CCCAP recipient is required to engage in an eligible activity to
73+receive benefits. The bill includes substance use disorder treatment
74+programs, job training, and education activities as eligible activities.
75+The department of early childhood education (department) is
76+directed to evaluate the costs and benefits of a statewide reimbursement
77+process.
78+The bill directs the department to administer the child and adult
79+care food program (CACFP). A participant's eligibility for CACFP must
80+not be based on being qualified as exempt in CCCAP. The department
81+shall develop, implement, and oversee an alternative eligibility process
82+for participation in CACFP that is specifically tailored for license-exempt
83+family, friend, or neighbor providers.
84+Be it enacted by the General Assembly of the State of Colorado:1
85+SECTION 1. Legislative declaration. (1) The general assembly2
86+finds and declares that:3
87+(a) Colorado has been committed to reducing the burdens placed4
88+on families seeking child care assistance and child care providers serving5
89+children through the Colorado child care assistance program;6
90+(b) Currently, there are too many families who need child care and7
91+1223-2- do not have access, and this problem is especially acute for families in1
92+under-resourced neighborhoods;2
93+(c) Federal funding from the American Rescue Plan Act infused3
94+an unprecedented amount of money into Colorado's child care system and4
95+created additional policy flexibility that provided stability and access for5
96+families across the state; and6
97+(d) Administrative burdens serve as unnecessary hurdles for7
98+families to access the child care they need.8
99+(2) Therefore, the general assembly determines it is necessary to:9
100+(a) Make the recent policy changes made as a result of the10
101+American Rescue Plan Act permanent;11
102+(b) Simplify the application process for applying for child care12
103+assistance;13
104+(c) Authorize presumptive eligibility for child care assistance;14
105+(d) Increase affordability of child care; and15
106+(e) Improve payment practices to increase provider financial16
107+stability.17
108+SECTION 2. In Colorado Revised Statutes, 26.5-1-110, add (3)18
109+as follows:19
110+26.5-1-110. Unified application - child care, services, and20
111+education. (3) A COUNTY DEPARTMENT SHALL NOT ADD ADDITIONAL21
112+REQUIRED ELIGIBILITY CRITERIA TO THE APPLICATION OR22
113+REDETERMINATION PROCESS .23
114+SECTION 3. In Colorado Revised Statutes, 26.5-4-103, amend24
115+(1); and add (1.5) and (3.5) as follows:25
116+26.5-4-103. Definitions. As used in this part 1, unless the context26
117+otherwise requires:27
118+1223
119+-3- (1) "Child care assistance program" or "CCCAP" means the public1
120+assistance program for child care known as the Colorado child care2
121+assistance program established in this part 1 "APPLICANT" MEANS AN3
122+INDIVIDUAL OR A FAMILY WHO SUBMITS AN APPLICATION TO THE4
123+C
124+OLORADO CHILD CARE ASSISTANCE PROGRAM .5
66125 (1.5) "C
67-HILD CARE ASSISTANCE PROGRAM" OR "CCCAP" MEANS THE
68-PUBLIC ASSISTANCE PROGRAM FOR CHILD CARE KNOWN AS THE
69-COLORADO
70-CHILD CARE ASSISTANCE PROGRAM ESTABLISHED IN THIS PART
71-1.
72-(3.5) "C
73-USTOMER SERVICE" MEANS ACTIVITIES THAT PROVIDE
74-ONE
75--ON-ONE SUPPORT FOR FAMILIES IN SUBMITTING APPLICATIONS AND
76-NAVIGATING SERVICES
77-, AND PROVIDING ACCESS TO TRANSPARENT AND
78-EASY
79--TO-UNDERSTAND CONSUMER EDUCATION RESOURCES FOR THE
80-COLORADO CHILD CARE ASSISTANCE PROGRAM .
81-SECTION 4. In Colorado Revised Statutes, 26.5-4-106, amend
82-(1)(b), (1)(c) introductory portion, (1)(c)(II), and (2)(a); and add (1)(d) and
83-(6) as follows:
84-26.5-4-106. Applications for child care assistance - applications
85-for child care employees - verification - award - not assignable -
86-limitation - rules. (1) (b) O
87-N OR BEFORE AUGUST 1, 2026, AND SUBJECT TO
88-AVAILABLE FEDERAL APPROPRIATIONS
89-, the department rules may
90- MUST
91-provide for a simplified application in order that SO child care assistance
92-may be furnished to eligible persons as soon as possible and shall MUST
93-provide adequate safeguards and controls to ensure that only eligible persons receive child care assistance under
94- PURSUANT TO this part 1. THE
95-DEPARTMENT AND A COUNTY DEPARTMENT SHALL PUBLICLY DISCLOSE OR
96-PUBLICIZE INCOME ELIGIBILITY LEVELS BY INCOME PERCENTAGE AND BY
97-MONTHLY INCOME FOR FAMILIES TO USE BEFORE APPLYING
98-. The unified
99-application that the department develops pursuant to section 26.5-1-110
100-must at some point include application for child care assistance through
101-CCCAP.
102-(c) A person seeking child care assistance must
103- SHALL submit an
104-application in accordance with department rule, and the department shall
105-ensure that the application is routed to the applicant's county of residence.
106-An application for child care assistance must:
107-PAGE 3-HOUSE BILL 24-1223 (II) Include the name, age, and residence of the applicant and a
108-statement of the amount of property, both real and personal, in which the
109-applicant has an interest and of all income the applicant may have at the
110-time of the filing of the application THE APPLICANT'S CURRENT RESIDENCY
111-AND NAME OF THE APPLICANT
112-; THE AGE AND NAME OF THE CHILD OR
113-CHILDREN FOR WHOM CARE IS REQUESTED
114-; LOW-INCOME ELIGIBLE ACTIVITY;
115-INCOME; INCAPACITATION, IF APPLICABLE; and such other information as
116-may be required by department rule and
117- THAT IS NECESSARY TO DETERMINE
118-ELIGIBILITY
119-. THE DEPARTMENT SHALL NOT REQUEST THAT THE APPLICANT
120-PROVIDE IMMUNIZATION HISTORY
121-, EXCEPT WHEN UTILIZING CHILD CARE
122-THAT IS PROVIDED OUTSIDE OF THE CHILD
123-'S HOME BY A NON-RELATIVE
124-QUALIFIED LICENSE
125--EXEMPT PROVIDER. CUSTODY ARRANGEMENTS SHALL
126-NOT BE INCLUDED ON THE APPLICATION OR OTHERWISE COLLECTED TO
127-DETERMINE ELIGIBILITY FOR
128-CCCAP. THE COUNTY DEPARTMENT MAY
129-REQUEST
130-, BUT SHALL NOT REQUIRE, INFORMATION ON CHILD CARE PROVIDER
131-SELECTION AT THE TIME OF APPLICATION
132-.
126+HILD CARE ASSISTANCE PROGRAM " OR "CCCAP" MEANS6
127+THE PUBLIC ASSISTANCE PROGRAM FOR CHILD CARE KNOWN AS THE7
128+C
129+OLORADO CHILD CARE ASSISTANCE PROGRAM ESTABLISHED IN THIS PART8
130+1.9
131+(3.5) "CUSTOMER SERVICE" MEANS ACTIVITIES THAT PROVIDE10
132+ONE-ON-ONE SUPPORT FOR FAMILIES IN SUBMITTING APPLICATIONS AND11
133+NAVIGATING SERVICES, AND PROVIDING ACCESS TO TRANSPARENT AND12
134+EASY-TO-UNDERSTAND CONSUMER EDUCATION RESOURCES FOR THE13
135+COLORADO CHILD CARE ASSISTANCE PROGRAM .14
136+SECTION 4. In Colorado Revised Statutes, 26.5-4-106, amend15
137+(1)(b), (1)(c) introductory portion, (1)(c)(II) and (2)(a); and add (1)(d)16
138+and (6) as follows:17
139+26.5-4-106. Applications for child care assistance -18
140+applications for child care employees - verification - award - not19
141+assignable - limitation - rules. (1) (b) ON OR BEFORE AUGUST 1, 2026,20
142+AND SUBJECT TO AVAILABLE FEDERAL APPROPRIATIONS, the department21
143+rules may MUST provide for a simplified application in order that SO22
144+child care assistance may be furnished to eligible persons as soon as23
145+possible and shall MUST provide adequate safeguards and controls to24
146+ensure that only eligible persons receive child care assistance under25
147+PURSUANT TO this part 1. THE DEPARTMENT AND A COUNTY DEPARTMENT26
148+SHALL PUBLICLY DISCLOSE OR PUBLICIZE INCOME ELIGIBILITY LEVELS BY27
149+1223
150+-4- INCOME PERCENTAGE AND BY MONTHLY INCOME FOR FAMILIES TO USE1
151+BEFORE APPLYING. The unified application that the department develops2
152+pursuant to section 26.5-1-110 must at some point include application for3
153+child care assistance through CCCAP.4
154+(c) A person seeking child care assistance must SHALL submit an5
155+application in accordance with department rule, and the department shall6
156+ensure that the application is routed to the applicant's county of residence.7
157+An application for child care assistance must:8
158+(II) Include the name, age, and residence of the applicant and a9
159+statement of the amount of property, both real and personal, in which the10
160+applicant has an interest and of all income the applicant may have at the11
161+time of the filing of the application THE APPLICANT'S CURRENT RESIDENCY12
162+AND NAME OF THE APPLICANT; THE AGE AND NAME OF THE CHILD OR13
163+CHILDREN FOR WHOM CARE IS REQUESTED ; LOW-INCOME ELIGIBLE14
164+ACTIVITY; INCOME; INCAPACITATION, IF APPLICABLE; and such other15
165+information as may be required by department rule and THAT IS16
166+NECESSARY TO DETERMINE ELIGIBILITY . THE DEPARTMENT SHALL NOT17
167+REQUEST THAT THE APPLICANT PROVIDE IMMUNIZATION HISTORY, EXCEPT18
168+WHEN UTILIZING CHILD CARE THAT IS PROVIDED OUTSIDE OF THE CHILD'S19
169+HOME BY A NON -RELATIVE QUALIFIED LICENSE -EXEMPT PROVIDER.20
170+C
171+USTODY ARRANGEMENTS SHALL NOT BE INCLUDED ON THE APPLICATION21
172+OR OTHERWISE COLLECTED TO DETERMINE ELIGIBILITY FOR CCCAP.
173+THE22
174+COUNTY DEPARTMENT MAY REQUEST, BUT SHALL NOT REQUIRE ,23
175+INFORMATION ON CHILD CARE PROVIDER SELECTION AT THE TIME OF24
176+APPLICATION.25
133177 (d) A
134- COUNTY DEPARTMENT SHALL NOT ADD ADDITIONAL REQUIRED
135-ELIGIBILITY CRITERIA TO THE APPLICATION OR REDETERMINATION
136-PROCESSES
137-.
138-(2) (a) When a county department receives an application for child
139-care assistance, it shall promptly make a record concerning the
140-circumstances of the applicant to verify the facts supporting the application
141-and shall examine all pertinent records. and shall make a diligent effort to
142-examine all records prior to granting assistance. The county department
143-shall also verify such ANY other information as may be required by
144-department rule.
178+ COUNTY DEPARTMENT SHALL NOT ADD ADDITIONAL26 REQUIRED ELIGIBILITY CRITERIA TO THE APPLICATION OR27
179+1223
180+-5- REDETERMINATION PROCESSES .1
181+ 2
182+(2) (a) When a county department receives an application for child3
183+care assistance, it shall promptly make a record concerning the4
184+circumstances of the applicant to verify the facts supporting the5
185+application and shall examine all pertinent records. and shall make a6
186+diligent effort to examine all records prior to granting assistance. The7
187+county department shall also verify such ANY other information as may8
188+be required by department rule.9
189+ 10
145190 (6) T
146-HE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR THE
147-IMPLEMENTATION OF THIS SECTION
148-.
149-SECTION 5. In Colorado Revised Statutes, 26.5-4-107, amend (1)
150-as follows:
151-26.5-4-107. Reconsideration and changes. (1) A county
152-department shall reconsider child care assistance awarded pursuant to this
153-part 1 as frequently as and in the manner required by department rules.
154-After such further verification and record as the county department may
155-deem DEEMS necessary or department rules may require, the amount of child
156-PAGE 4-HOUSE BILL 24-1223 care assistance provided may be changed or child care assistance may be OR
157-terminated, if the department or the county department finds that the
158-recipient's circumstances have altered sufficiently to warrant such action or
159-if changes in state or federal law have been made that would warrant such
160-action. A
161- COUNTY DEPARTMENT SHALL ONLY REQUIRE AND COLLECT ANY
162-DOCUMENTATION THAT HAS CHANGED SINCE THE RECIPIENT
163-'S MOST RECENT
164-APPLICATION OR REDETERMINATION PROCESS AND THAT IS REQUIRED TO
165-DETERMINE THE RECIPIENT
166-'S CONTINUED ELIGIBILITY.
167-SECTION 6. In Colorado Revised Statutes, 26.5-4-109, add (5) as
168-follows:
169-26.5-4-109. Provider rates - provider recruitment - provider.
170-(5) S
171-TARTING JULY 1, 2025, THE DEPARTMENT SHALL CREATE A PILOT
172-PROGRAM FOR UNLICENSED PROVIDERS TO SEEK LICENSE
173--EXEMPT STATUS
174-AND ESTABLISHMENT AS AN ELIGIBLE
175-CCCAP PROVIDER SEPARATE AND
176-DISTINCT FROM THE PARENT
177--INITIATED PROCESS. THE PILOT PROGRAM MUST
178-OPERATE IN AT LEAST TWO COUNTIES
179-, INCLUDING ONE URBAN COUNTY AND
180-ONE RURAL COUNTY
181-. BY JUNE 30, 2027, THE DEPARTMENT SHALL EVALUATE
182-THE OUTCOMES OF THE PILOT PROGRAM ON ENROLLED PROVIDERS AND CHILD
183-CARE CAPACITY AND SERVICES IN PARTICIPATING COUNTIES
184-.
185-SECTION 7. In Colorado Revised Statutes, 26.5-4-111, amend (1),
186-(2)(a), (4)(a)(I), (4)(b), (4)(c), (7)(d), and (12)(a); and add (15) as follows:
187-26.5-4-111. Services - eligibility - assistance provided - waiting
188-lists - rules - exceptions from cooperating with child support
189-establishment. (1) Subject to available appropriations and pursuant to
190-department rules promulgated for the implementation of this part 1, a
191-county shall provide child care assistance to a participant or any person or
192-family whose income is not more than one hundred eighty-five percent of
193-the federal poverty level. F
194-OR PURPOSES OF DETERMINING OR
195-REDETERMINING ELIGIBILITY FOR CHILD CARE ASSISTANCE
196-, A COUNTY SHALL
197-EXCLUDE FROM THE DEFINITION OF INCOME PAYMENTS MADE TO A FAMILY
198-FROM ANY UNRESTRICTED CASH ASSISTANCE PROGRAM ADMINISTERED BY
199-A GOVERNMENT
200-, INTERMEDIARY, NONPROFIT, OR CORPORATE ENTITY .
201-Subject to available appropriations and as necessary to comply with federal
202-law or to align eligibility across early care and education programs
203-specifically to meet the early care and education, income security, and child
204-welfare needs of similar populations and as allowed by federal regulations,
205-PAGE 5-HOUSE BILL 24-1223 the executive director by rule may adjust the percentage of the federal
206-poverty level used to determine child care assistance eligibility and shall
207-revise income and
208- verification requirements that promote alignment and
209-simplification
210-WITH THE COLORADO UNIVERSAL PRESCHOOL PROGRAM .
211-(2) (a) A county may provide child care assistance for any family
212-whose income at initial determination exceeds the requirements of
213-subsection (1) of this section but does not exceed the maximum federal
214-level for eligibility for services of eighty-five percent of the state median
215-income for a family of the same size if it is serving all eligible families who
216-have applied for CCCAP and whose income level is below that
191+HE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR THE11
192+IMPLEMENTATION OF THIS SECTION.12
193+SECTION 5. In Colorado Revised Statutes, 26.5-4-107, amend13
194+(1) as follows:14
195+26.5-4-107. Reconsideration and changes. (1) A county15
196+department shall reconsider child care assistance awarded pursuant to this16
197+part 1 as frequently as and in the manner required by department rules.17
198+After such
199+ further verification and record as the county department may18
200+deem DEEMS necessary or department rules may require, the amount of19
201+child care assistance provided may be changed or child care assistance20
202+may be OR terminated, if the department or the county department finds21
203+that the recipient's circumstances have altered sufficiently to warrant such22
204+action or if changes in state or federal law have been made that would23
205+warrant such action. A
206+ COUNTY DEPARTMENT SHALL ONLY REQUIRE AND24
207+COLLECT ANY DOCUMENTATION THAT HAS CHANGED SINCE THE25
208+RECIPIENT'S MOST RECENT APPLICATION OR REDETERMINATION PROCESS26
209+AND THAT IS REQUIRED TO DETERMINE THE RECIPIENT 'S CONTINUED27
210+1223
211+-6- ELIGIBILITY.1
212+SECTION 6. In Colorado Revised Statutes, 26.5-4-109, add (5)2
213+as follows:3
214+26.5-4-109. Provider rates - provider recruitment - provider.4
215+ (5) STARTING JULY 1, 2025, THE DEPARTMENT SHALL CREATE A PILOT5
216+PROGRAM FOR UNLICENSED PROVIDERS TO SEEK LICENSE-EXEMPT STATUS6
217+AND ESTABLISHMENT AS AN ELIGIBLE CCCAP PROVIDER SEPARATE AND7
218+DISTINCT FROM THE PARENT-INITIATED PROCESS. THE PILOT PROGRAM8
219+MUST OPERATE IN AT LEAST TWO COUNTIES, INCLUDING ONE URBAN9
220+COUNTY AND ONE RURAL COUNTY . BY JUNE 30, 2027, THE DEPARTMENT10
221+SHALL EVALUATE THE OUTCOMES OF THE PILOT PROGRAM ON ENROLLED11
222+PROVIDERS AND CHILD CARE CAPACITY AND SERVICES IN PARTICIPATING12
223+COUNTIES.13
224+SECTION 7. In Colorado Revised Statutes, 26.5-4-111, amend14
225+(1), (2)(a), (4)(a)(I), (4)(b), (4)(c), (7)(d), and (12)(a); and add (15) as15
226+follows:16
227+26.5-4-111. Services - eligibility - assistance provided - waiting17
228+lists - rules - exceptions from cooperating with child support18
229+establishment. (1) Subject to available appropriations and pursuant to19
230+department rules promulgated for the implementation of this part 1, a20
231+county shall provide child care assistance to a participant or any person21
232+or family whose income is not more than one hundred eighty-five percent22
233+of the federal poverty level. FOR PURPOSES OF DETERMINING OR23
234+REDETERMINING ELIGIBILITY FOR CHILD CARE ASSISTANCE, A COUNTY24
235+SHALL EXCLUDE FROM THE DEFINITION OF INCOME PAYMENTS MADE TO A25
236+FAMILY FROM ANY UNRESTRICTED CASH ASSISTANCE PROGRAM26
237+ADMINISTERED BY A GOVERNMENT, INTERMEDIARY, NONPROFIT, OR27
238+1223
239+-7- CORPORATE ENTITY. Subject to available appropriations and as necessary1
240+to comply with federal law or to align eligibility across early care and2
241+education programs specifically to meet the early care and education,3
242+income security, and child welfare needs of similar populations and as4
243+allowed by federal regulations, the executive director by rule may adjust5
244+the percentage of the federal poverty level used to determine child care6
245+assistance eligibility and shall revise income and verification7
246+requirements that promote alignment and simplification
247+WITH THE8
248+C
249+OLORADO UNIVERSAL PRESCHOOL PROGRAM .9
250+(2) (a) A county may provide child care assistance for any family10
251+whose income at initial determination exceeds the requirements of11
252+subsection (1) of this section but does not exceed the maximum federal12
253+level for eligibility for services of eighty-five percent of the state median13
254+income for a family of the same size if it is serving all eligible families14
255+who have applied for CCCAP and whose income level is below that15
217256 requirement. A
218- COUNTY SHALL EXCLUDE STATE AND FEDERAL ASSISTANCE
219-PROGRAM INCOME IN ELIGIBILITY DETERMINATIONS
220-.
221-(4) (a) (I) A recipient of child care assistance through CCCAP is
222-responsible for paying a portion of the recipient's child care costs based
223-upon the recipient's income and the formula developed by department rule.
224-T
225-HE DEPARTMENT AND COUNTIES SHALL PROVIDE PARENT FEE INFORMATION
226-IN A VARIETY OF DISSEMINATION METHODS SUCH AS WEBSITES
227-, INCLUDING
228-THE
229-COLORADO SHINES WEBSITE , MASS MEDIA, PAPER FORMS AND
230-BROCHURES
231-, AND TARGETED OUTREACH. THE INFORMATION MUST INCLUDE
232-A CLEAR DEFINITION OF THE PARENT FEE
233-; HOW PARENT FEES ARE
234-CALCULATED
235-; PARENT FEE POLICIES, SUCH AS WHEN THEY MUST BE PAID ;
236-THE PARENT FEE AND SLIDING FEE SCALE ; HOW PARENTS AND PROVIDERS
237-WERE ENGAGED IN THE PROCESS FOR DETERMINING THE PARENT FEE AND
238-SLIDING FEE SCALE
239-; AND A DESCRIPTION OF HOW PARENT FEES MIGHT DIFFER
240-BASED ON THE PROVIDER THAT A FAMILY SELECTS
241-. PARENT FEE SLIDING
242-SCALES SHOULD BE PRESENTED IN A CLEAR
243-, ACCESSIBLE FORMAT. THE
244-INFORMATION MUST ALSO BE ACCESSIBLE IN LANGUAGES IN ADDITION TO
245-ENGLISH AND SPANISH, BASED ON THE POPULATIONS THE DEPARTMENT AND
246-COUNTIES SERVE
247-.
248-(b) The executive director by rule shall establish, and at least every
249-five years review and revise, as appropriate, a copayment schedule so that
250-the copayment gradually increases as the family income approaches
251-self-sufficiency income levels,
252-BUT MUST BE NO GREATER THAN SEVEN
253-PERCENT OF THE FAMILY
254-'S GROSS MONTHLY INCOME ON OR BEFORE AUGUST
255-1, 2026, REGARDLESS OF THE NUMBER OF CHILDREN IN CARE , AS
256-DETERMINED BASED ON ONE MONTH OF INCOME
257-, UNLESS ONE MONTH OF
258-INCOME DOES NOT PROVIDE AN ACCURATE INDICATION OF ANTICIPATED
259-PAGE 6-HOUSE BILL 24-1223 INCOME, IN WHICH CASE THE COUNTY MAY USE EVIDENCE OF UP TO THE
260-MOST RECENT TWELVE MONTHS OF INCOME
261-; HOWEVER, IF A FEDERAL RULE
262-LIMITS COPAYMENTS TO LESS THAN SEVEN PERCENT OF THE FAMILY
263-'S GROSS
264-MONTHLY INCOME
265-, THE DEPARTMENT SHALL IMMEDIATELY COMPLY WITH
266-THE FEDERAL LIMIT
267-. This revised copayment schedule should allow families
268-to retain a portion of their increases in income.
269-(c) A participant who is employed shall pay a portion of the
270-participant's income for child care assistance under CCCAP. The
271-participant's required copayment pursuant to the provisions of this
272-subsection (4)(c) must be IS determined by a formula established by
273-department rule that takes into consideration the factors set forth in
257+ COUNTY SHALL EXCLUDE STATE AND FEDERAL ASSISTANCE16
258+PROGRAM INCOME IN ELIGIBILITY DETERMINATIONS .17
259+(4) (a) (I) A recipient of child care assistance through CCCAP is18
260+responsible for paying a portion of the recipient's child care costs based19
261+upon the recipient's income and the formula developed by department20
262+rule. T
263+HE DEPARTMENT AND COUNTIES SHALL PROVIDE PARENT FEE21
264+INFORMATION IN A VARIETY OF DISSEMINATION METHODS SUCH AS22
265+WEBSITES,
266+INCLUDING THE COLORADO SHINES WEBSITE, MASS MEDIA,23
267+PAPER FORMS AND BROCHURES , AND TARGETED OUTREACH . THE24
268+INFORMATION MUST INCLUDE A CLEAR DEFINITION OF THE PARENT FEE ;25
269+HOW PARENT FEES ARE CALCULATED ; PARENT FEE POLICIES, SUCH AS26
270+WHEN THEY MUST BE PAID; THE PARENT FEE AND SLIDING FEE SCALE; HOW27
271+1223
272+-8- PARENTS AND PROVIDERS WERE EN GAGED IN THE PROCESS FOR1
273+DETERMINING THE PARENT FEE AND SLIDING FEE SCALE ; AND A2
274+DESCRIPTION OF HOW PARENT FEES MIGHT DIFFER BASED ON THE PROVIDER3
275+THAT A FAMILY SELECTS . PARENT FEE SLIDING SCALES SHOULD BE4
276+PRESENTED IN A CLEAR, ACCESSIBLE FORMAT. THE INFORMATION MUST5
277+ALSO BE ACCESSIBLE IN LANGUAGES IN ADDITION TO ENGLISH AND6
278+S
279+PANISH, BASED ON THE POPULATIONS THE DEPARTMENT AND COUNTIES7
280+SERVE.8
281+(b) The executive director by rule shall establish, and at least9
282+every five years review and revise, as appropriate, a copayment schedule10
283+so that the copayment gradually increases as the family income11
284+approaches self-sufficiency income levels,
285+BUT MUST BE NO GREATER12
286+THAN SEVEN PERCENT OF THE FAMILY 'S GROSS MONTHLY INCOME
287+ON OR13
288+BEFORE AUGUST 1, 2026, REGARDLESS OF THE NUMBER OF CHILDREN IN14
289+CARE, AS DETERMINED BASED ON ONE MONTH OF INCOME, UNLESS ONE15
290+MONTH OF INCOME DOES NOT PROVIDE AN ACCURATE INDICATION OF16
291+ANTICIPATED INCOME, IN WHICH CASE THE COUNTY MAY USE EVIDENCE OF17
292+UP TO THE MOST RECENT TWELVE MONTHS OF INCOME; HOWEVER, IF A18
293+FEDERAL RULE LIMITS COPAYMENTS TO LESS THAN SEVEN PERCENT OF THE19
294+FAMILY'S GROSS MONTHLY INCOME , THE DEPARTMENT SHALL20
295+IMMEDIATELY COMPLY WITH THE FEDERAL LIMIT . This revised copayment21
296+schedule should allow families to retain a portion of their increases in22
297+income.23
298+(c) A participant who is employed shall pay a portion of the24
299+participant's income for child care assistance under CCCAP. The25
300+participant's required copayment pursuant to the provisions of this26
301+subsection (4)(c) must be IS determined by a formula established by27
302+1223
303+-9- department rule that takes into consideration the factors set forth in1
274304 subsections (4)(a) and (4)(b) of this section. T
275-HE PARTICIPANT'S EMPLOYER
276-MAY PAY THE PARTICIPANT
277-'S COPAYMENT AT THE PARTICIPANT 'S
278-COPAYMENT RATE
279-.
305+HE PARTICIPANT'S2
306+EMPLOYER MAY PAY THE PARTICIPANT 'S COPAYMENT AT THE3
307+PARTICIPANT'S COPAYMENT RATE.4
280308 (7) (d) Subject to available appropriations and
281- Pursuant to
282-department rules promulgated for the implementation of this part 1, a parent
283-who is enrolled in a postsecondary education program or a workforce
284-training program is eligible for CCCAP for at least any two years of the
285-postsecondary education or workforce training program, provided all other
286-CCCAP eligibility requirements are met during those two years. On and
287-after July 1, 2023
288- JULY 1, 2024, a county may only NOT give priority for
289-services to a working family over a family enrolled in postsecondary
290-education or workforce training. if the county does not have sufficient
291-funding and has received approval from the department before
292-implementing the prioritization.
293-(12) Each county:
294-(a) Upon notification to counties by the department that the relevant
295-case management systems, including the Colorado child care automated
296-tracking system, are capable of accommodating this subsection (12)(a), and
297-pursuant to department rules,
298-ON OR BEFORE AUGUST 1, 2026, AND SUBJECT
299-TO AVAILABLE FEDERAL APPROPRIATIONS
300-, in addition to regular provider
301-reimbursement rates,
302-THE COUNTY DEPARTMENTS shall pay providers for
303-care in alignment with common practices in the private market for child
304-care,
305-INCLUDING PAYING PROVIDERS WEEKLY FOR EACH CHILD BASED ON
306-CHILD ENROLLMENT IN ADVANCE OF THE PROVISION OF SERVICES
307-. The
308-department rules governing payment policies must allow daily
309-PAGE 7-HOUSE BILL 24-1223 reimbursement rates only for drop-in child care, back-up child care, and
310-care that is commonly paid on a daily reimbursement basis in the
311-PRIVATE
312-child care market and must incentivize providers to promote regular
313-program attendance. O
314-N OR BEFORE AUGUST 1, 2026, AND SUBJECT TO
315-AVAILABLE FEDERAL APPROPRIATIONS
316-, THE DEPARTMENT AND COUNTY
317-DEPARTMENTS SHALL UTILIZE GRANTS AND CONTRACTS FOR UNDERSERVED
318-POPULATIONS
319-, INCLUDING CHILDREN IN UNDERSERVED GEOGRAPHIC AREAS ,
320-INFANTS AND TODDLERS , CHILDREN WITH DISABILITIES, AND FAMILIES
321-NEEDING NONTRADITIONAL
322--HOUR CARE, TO IMPROVE EQUITABLE ACCESS
323-FOR THESE POPULATIONS
324-. THE DEPARTMENT SHALL ANNUALLY EVALUATE
325-DATA REGARDING THE NUMBERS AND PERCENTAGES OF UNDERSERVED
326-POPULATIONS BEING SERVED BY
327-CCCAP TO DETERMINE IF EQUITABLE
328-ACCESS IS IMPROVED OR ACHIEVED
329-. THE EXECUTIVE DIRECTOR SHALL
330-PROMULGATE RULES FOR THE IMPLEMENTATION OF THIS SUBSECTION
331-(12).
309+ Pursuant to5
310+department rules promulgated for the implementation of this part 1, a6
311+parent who is enrolled in a postsecondary education program or a7
312+workforce training program is eligible for CCCAP for at least any two8
313+years of the postsecondary education or workforce training program,9
314+provided all other CCCAP eligibility requirements are met during those10
315+two years. On and after July 1, 2023 JULY 1, 2024, a county may only NOT11
316+give priority for services to a working family over a family enrolled in12
317+postsecondary education or workforce training. if the county does not13
318+have sufficient funding and has received approval from the department14
319+before implementing the prioritization.15
320+(12) Each county:16
321+(a) Upon notification to counties by the department that the17
322+relevant case management systems, including the Colorado child care18
323+automated tracking system, are capable of accommodating this subsection19
324+(12)(a), and pursuant to department rules, ON OR BEFORE AUGUST 1, 2026,20
325+AND SUBJECT TO AVAILABLE FEDERAL APPROPRIATIONS, in addition to21
326+regular provider reimbursement rates, THE COUNTY DEPARTMENTS shall22
327+pay providers for care in alignment with common practices in the private23
328+market for child care,
329+INCLUDING PAYING PROVIDERS
330+WEEKLY FOR EACH24
331+CHILD BASED ON CHILD ENROLLMENT IN ADVANCE OF THE PROVISION OF25
332+SERVICES. The department rules governing payment policies must allow26
333+daily reimbursement rates only for drop-in child care, back-up child care,27
334+1223
335+-10- and care that is commonly paid on a daily reimbursement basis in the1
336+PRIVATE child care market and must incentivize providers to promote2
337+regular program attendance. ON OR BEFORE AUGUST 1, 2026, AND3
338+SUBJECT TO AVAILABLE FEDERAL APPROPRIATIONS , THE DEPARTMENT AND4
339+COUNTY DEPARTMENTS SHALL UTILIZE GRANTS AND CONTRACTS FOR5
340+UNDERSERVED POPULATIONS , INCLUDING CHILDREN IN UNDERSERVED6
341+GEOGRAPHIC AREAS, INFANTS AND TODDLERS , CHILDREN WITH7
342+DISABILITIES, AND FAMILIES NEEDING NONTRADITIONAL -HOUR CARE, TO8
343+IMPROVE EQUITABLE ACCESS FOR THESE POPULATIONS . THE DEPARTMENT9
344+SHALL ANNUALLY EVALUATE DATA REGARDING THE NUMBERS AND10
345+PERCENTAGES OF UNDERSERVED POPULATIONS BEING SERVED BY CCCAP11
346+TO DETERMINE IF EQUITABLE ACCESS IS IMPROVED OR ACHIEVED . THE12
347+EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR THE13
348+IMPLEMENTATION OF THIS SUBSECTION (12).14
332349 (15) A
333-N APPLICANT CAN SATISFY THE ELIGIBLE ACTIVITY CRITERIA
334-FOR UP TO ONE YEAR BY PARTICIPATING IN A SUBSTANCE USE DISORDER
335-TREATMENT
336-. PARTICIPATION IN A NATIONALLY RECOGNIZED ,
337-EVIDENCE-BASED SUBSTANCE USE DISORDER TREATMENT PROGRAM AT AN
338-INTENSIVE OUTPATIENT SERVICE LEVEL OF CARE OR HIGHER MUST BE
339-RECOGNIZED AS AN ELIGIBLE ACTIVITY FOR A WORKFORCE TRAINING
340-PROGRAM
341-.
342-SECTION 8. In Colorado Revised Statutes, 26.5-4-115, amend
343-(1)(a) as follows:
344-26.5-4-115. Performance contracts. (1) (a) Each county, either
345-acting singly or with a group of counties, shall enter into an annual
346-performance contract with the department that identifies the county's or
347-group of counties' and the department's duties and responsibilities in
348-implementing the child care assistance program,
349-INCLUDING QUALITY
350-CUSTOMER SERVICE TO CLIENTS
351-. The performance contract must include, but
352-need not be limited to, requirements and provisions that address each party's
353-duties and responsibilities to work in a collaborative manner to administer,
354-financially support, and implement the child care assistance program using
355-fair and objective criteria.
356-SECTION 9. In Colorado Revised Statutes, add 26.5-4-121 as
357-follows:
358-PAGE 8-HOUSE BILL 24-1223 26.5-4-121. Child and adult care food program feasibility study.
359-(1) T
360-HE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC
361-HEALTH AND ENVIRONMENT
362-, SHALL CONDUCT OR CONTRACT FOR A STUDY
363-TO DETERMINE THE FEASIBILITY OF DE
364--LINKING ELIGIBILITY FOR THE
365-FEDERAL CHILD AND ADULT CARE FOOD PROGRAM FROM THE
366-COLORADO
367-CHILD CARE ASSISTANCE PROGRAM
368-. THE STUDY MUST INCLUDE:
369-(a) R
370-ESEARCH ON ALTERNATIVE ELIGIBILITY PROCESSES FOR
371-PARTICIPATION IN THE FEDERAL CHILD AND ADULT CARE FOOD PROGRAM
372-THAT IS SPECIFICALLY TAILORED FOR LICENSE
373--EXEMPT FAMILY, FRIEND, AND
374-NEIGHBOR PROVIDERS
375-, AS DESCRIBED IN SECTION 26.5-3-808; AND
376-(b) GUIDELINES AND BEST PRACTICES FOR THE IMPLEMENTATION OF
377-ALTERNATIVE ELIGIBILITY PROCESSES TO ENSURE ADEQUATE OVERSIGHT
378-WITHOUT CREATING UNDUE ADMINISTRATIVE BURDENS FOR THE
379-DEPARTMENT OR LICENSE
380--EXEMPT FAMILY, FRIEND, AND NEIGHBOR
381-PROVIDERS
382-, WHILE ENSURING THE NUTRITIONAL WELL -BEING OF CHILDREN
383-IN THE PROVIDER
384-'S CARE.
385-SECTION 10. Appropriation. For the 2024-25 state fiscal year,
386-$100,000 is appropriated to the department of early childhood for use by the
387-community and family support division. This appropriation is from the
388-general fund. To implement this act, the division may use this appropriation
389-for the child and adult care food program study.
390-SECTION 11. Safety clause. The general assembly finds,
391-determines, and declares that this act is necessary for the immediate
392-preservation of the public peace, health, or safety or for appropriations for
393-PAGE 9-HOUSE BILL 24-1223 the support and maintenance of the departments of the state and state
394-institutions.
395-____________________________ ____________________________
396-Julie McCluskie Steve Fenberg
397-SPEAKER OF THE HOUSE PRESIDENT OF
398-OF REPRESENTATIVES THE SENATE
399-____________________________ ____________________________
400-Robin Jones Cindi L. Markwell
401-CHIEF CLERK OF THE HOUSE SECRETARY OF
402-OF REPRESENTATIVES THE SENATE
403- APPROVED________________________________________
404- (Date and Time)
405- _________________________________________
406- Jared S. Polis
407- GOVERNOR OF THE STATE OF COLORADO
408-PAGE 10-HOUSE BILL 24-1223
350+N APPLICANT CAN SATISFY THE ELIGIBLE ACTIVITY CRITERIA15
351+FOR UP TO ONE YEAR BY PARTICIPATING IN A SUBSTANCE USE DISORDER16 TREATMENT. PARTICIPATION IN A NATIONALLY RECOGNIZED ,17
352+EVIDENCE-BASED SUBSTANCE USE DISORDER TREATMENT PROGRAM AT AN18
353+INTENSIVE OUTPATIENT SERVICE LEVEL OF CARE OR HIGHER MUST BE19
354+RECOGNIZED AS AN ELIGIBLE ACTIVITY FOR A WORKFORCE TRAINING20
355+PROGRAM.21
356+SECTION 8. In Colorado Revised Statutes, 26.5-4-115, amend22
357+(1)(a) as follows:23
358+26.5-4-115. Performance contracts. (1) (a) Each county, either24
359+acting singly or with a group of counties, shall enter into an annual25
360+performance contract with the department that identifies the county's or26
361+group of counties' and the department's duties and responsibilities in27
362+1223
363+-11- implementing the child care assistance program, INCLUDING QUALITY1
364+CUSTOMER SERVICE TO CLIENTS. The performance contract must include,2
365+but need not be limited to, requirements and provisions that address each3
366+party's duties and responsibilities to work in a collaborative manner to4
367+administer, financially support, and implement the child care assistance5
368+program using fair and objective criteria.6
369+ 7
370+SECTION 9. In Colorado Revised Statutes, add 26.5-4-121 as8
371+follows:9
372+26.5-4-121. Child and adult care food program feasibility10
373+study. (1) THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT11
374+OF PUBLIC HEALTH AND ENVIRONMENT, SHALL CONDUCT OR CONTRACT12
375+FOR A STUDY TO DETERMINE THE FEASIBILITY OF DE-LINKING ELIGIBILITY13
376+FOR THE FEDERAL CHILD AND ADULT CARE FOOD PROGRAM FROM THE14
377+COLORADO CHILD CARE ASSISTANCE PROGRAM. THE STUDY MUST15
378+INCLUDE:16
379+(a) RESEARCH ON ALTERNATIVE ELIGIBILITY PROCESSES FOR17
380+PARTICIPATION IN THE FEDERAL CHILD AND ADULT CARE FOOD PROGRAM18
381+THAT IS SPECIFICALLY TAILORED FOR LICENSE-EXEMPT FAMILY, FRIEND,19
382+AND NEIGHBOR PROVIDERS, AS DESCRIBED IN SECTION 26.5-3-808; AND20
383+(b) GUIDELINES AND BEST PRACTICES FOR THE IMPLEMENTATION21
384+OF ALTERNATIVE ELIGIBILITY PROCESSES TO ENSURE ADEQUATE22
385+OVERSIGHT WITHOUT CREATING UNDUE ADMINISTRATIVE BURDENS FOR23
386+THE DEPARTMENT OR LICENSE-EXEMPT FAMILY, FRIEND, AND NEIGHBOR24
387+PROVIDERS, WHILE ENSURING THE NUTRITIONAL WELL-BEING OF CHILDREN25
388+IN THE PROVIDER'S CARE.26
389+SECTION 10. Appropriation. (1) For the 2024-25 state fiscal27
390+1223
391+-12- year, $100,000 is appropriated to the department of early childhood for1
392+use by the community and family support division. This appropriation is2
393+from the general fund. To implement this act, the division may use this3
394+appropriation for the child and adult care food program study.4
395+SECTION 11. Safety clause. The general assembly finds,5
396+determines, and declares that this act is necessary for the immediate6
397+preservation of the public peace, health, or safety or for appropriations for7
398+the support and maintenance of the departments of the state and state8
399+institutions.9
400+1223
401+-13-