HOUSE BILL 24-1223
BY REPRESENTATIVE(S) Willford and Garcia, Amabile, Bacon, Bird,
Boesenecker, Brown, Clifford, deGruy Kennedy, Duran, English, Epps,
Froelich, Hamrick, Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder,
Lindsay, Lindstedt, Lukens, Marvin, Mauro, McCormick, Parenti, Rutinel,
Story, Valdez, Vigil, Young, McCluskie;
also SENATOR(S) Cutter and Michaelson Jenet, Bridges, Exum, Fields,
Jaquez Lewis, Marchman, Priola, Rodriguez, Sullivan, Winter F.
C
ONCERNING THE IMPROVEMENT OF PROGRAMS THAT BENEFIT WORKING
FAMILIES
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Colorado has been committed to reducing the burdens placed on
families seeking child care assistance and child care providers serving
children through the Colorado child care assistance program;
(b) Currently, there are too many families who need child care and
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. do not have access, and this problem is especially acute for families in
under-resourced neighborhoods;
(c) Federal funding from the American Rescue Plan Act infused an
unprecedented amount of money into Colorado's child care system and
created additional policy flexibility that provided stability and access for
families across the state; and
(d) Administrative burdens serve as unnecessary hurdles for families
to access the child care they need.
(2) Therefore, the general assembly determines it is necessary to:
(a) Make the recent policy changes made as a result of the American
Rescue Plan Act permanent;
(b) Simplify the application process for applying for child care
assistance;
(c) Authorize presumptive eligibility for child care assistance;
(d) Increase affordability of child care; and
(e) Improve payment practices to increase provider financial
stability.
SECTION 2. In Colorado Revised Statutes, 26.5-1-110, add (3) as
follows:
26.5-1-110. Unified application - child care, services, and
education. (3) A
COUNTY DEPARTMENT SHALL NOT ADD ADDITIONAL
REQUIRED ELIGIBILITY CRITERIA TO THE APPLICATION OR REDETERMINATION
PROCESS
.
SECTION 3. In Colorado Revised Statutes, 26.5-4-103, amend (1);
and add (1.5) and (3.5) as follows:
26.5-4-103. Definitions. As used in this part 1, unless the context
otherwise requires:
PAGE 2-HOUSE BILL 24-1223 (1) "Child care assistance program" or "CCCAP" means the public
assistance program for child care known as the Colorado child care
assistance program established in this part 1 "APPLICANT" MEANS AN
INDIVIDUAL OR A FAMILY WHO SUBMITS AN APPLICATION TO THE
COLORADO
CHILD CARE ASSISTANCE PROGRAM
.
(1.5) "C
HILD CARE ASSISTANCE PROGRAM" OR "CCCAP" MEANS THE
PUBLIC ASSISTANCE PROGRAM FOR CHILD CARE KNOWN AS THE
COLORADO
CHILD CARE ASSISTANCE PROGRAM ESTABLISHED IN THIS PART
1.
(3.5) "C
USTOMER SERVICE" MEANS ACTIVITIES THAT PROVIDE
ONE
-ON-ONE SUPPORT FOR FAMILIES IN SUBMITTING APPLICATIONS AND
NAVIGATING SERVICES
, AND PROVIDING ACCESS TO TRANSPARENT AND
EASY
-TO-UNDERSTAND CONSUMER EDUCATION RESOURCES FOR THE
COLORADO CHILD CARE ASSISTANCE PROGRAM .
SECTION 4. In Colorado Revised Statutes, 26.5-4-106, amend
(1)(b), (1)(c) introductory portion, (1)(c)(II), and (2)(a); and add (1)(d) and
(6) as follows:
26.5-4-106. Applications for child care assistance - applications
for child care employees - verification - award - not assignable -
limitation - rules. (1) (b) O
N OR BEFORE AUGUST 1, 2026, AND SUBJECT TO
AVAILABLE FEDERAL APPROPRIATIONS
, the department rules may
MUST
provide for a simplified application in order that SO child care assistance
may be furnished to eligible persons as soon as possible and shall MUST
provide adequate safeguards and controls to ensure that only eligible persons receive child care assistance under
PURSUANT TO this part 1. THE
DEPARTMENT AND A COUNTY DEPARTMENT SHALL PUBLICLY DISCLOSE OR
PUBLICIZE INCOME ELIGIBILITY LEVELS BY INCOME PERCENTAGE AND BY
MONTHLY INCOME FOR FAMILIES TO USE BEFORE APPLYING
. The unified
application that the department develops pursuant to section 26.5-1-110
must at some point include application for child care assistance through
CCCAP.
(c) A person seeking child care assistance must
SHALL submit an
application in accordance with department rule, and the department shall
ensure that the application is routed to the applicant's county of residence.
An application for child care assistance must:
PAGE 3-HOUSE BILL 24-1223 (II) Include the name, age, and residence of the applicant and a
statement of the amount of property, both real and personal, in which the
applicant has an interest and of all income the applicant may have at the
time of the filing of the application THE APPLICANT'S CURRENT RESIDENCY
AND NAME OF THE APPLICANT
; THE AGE AND NAME OF THE CHILD OR
CHILDREN FOR WHOM CARE IS REQUESTED
; LOW-INCOME ELIGIBLE ACTIVITY;
INCOME; INCAPACITATION, IF APPLICABLE; and such other information as
may be required by department rule and
THAT IS NECESSARY TO DETERMINE
ELIGIBILITY
. THE DEPARTMENT SHALL NOT REQUEST THAT THE APPLICANT
PROVIDE IMMUNIZATION HISTORY
, EXCEPT WHEN UTILIZING CHILD CARE
THAT IS PROVIDED OUTSIDE OF THE CHILD
'S HOME BY A NON-RELATIVE
QUALIFIED LICENSE
-EXEMPT PROVIDER. CUSTODY ARRANGEMENTS SHALL
NOT BE INCLUDED ON THE APPLICATION OR OTHERWISE COLLECTED TO
DETERMINE ELIGIBILITY FOR
CCCAP. THE COUNTY DEPARTMENT MAY
REQUEST
, BUT SHALL NOT REQUIRE, INFORMATION ON CHILD CARE PROVIDER
SELECTION AT THE TIME OF APPLICATION
.
(d) A
COUNTY DEPARTMENT SHALL NOT ADD ADDITIONAL REQUIRED
ELIGIBILITY CRITERIA TO THE APPLICATION OR REDETERMINATION
PROCESSES
.
(2) (a) When a county department receives an application for child
care assistance, it shall promptly make a record concerning the
circumstances of the applicant to verify the facts supporting the application
and shall examine all pertinent records. and shall make a diligent effort to
examine all records prior to granting assistance. The county department
shall also verify such ANY other information as may be required by
department rule.
(6) T
HE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR THE
IMPLEMENTATION OF THIS SECTION
.
SECTION 5. In Colorado Revised Statutes, 26.5-4-107, amend (1)
as follows:
26.5-4-107. Reconsideration and changes. (1) A county
department shall reconsider child care assistance awarded pursuant to this
part 1 as frequently as and in the manner required by department rules.
After such further verification and record as the county department may
deem DEEMS necessary or department rules may require, the amount of child
PAGE 4-HOUSE BILL 24-1223 care assistance provided may be changed or child care assistance may be OR
terminated, if the department or the county department finds that the
recipient's circumstances have altered sufficiently to warrant such action or
if changes in state or federal law have been made that would warrant such
action. A
COUNTY DEPARTMENT SHALL ONLY REQUIRE AND COLLECT ANY
DOCUMENTATION THAT HAS CHANGED SINCE THE RECIPIENT
'S MOST RECENT
APPLICATION OR REDETERMINATION PROCESS AND THAT IS REQUIRED TO
DETERMINE THE RECIPIENT
'S CONTINUED ELIGIBILITY.
SECTION 6. In Colorado Revised Statutes, 26.5-4-109, add (5) as
follows:
26.5-4-109. Provider rates - provider recruitment - provider.
(5) S
TARTING JULY 1, 2025, THE DEPARTMENT SHALL CREATE A PILOT
PROGRAM FOR UNLICENSED PROVIDERS TO SEEK LICENSE
-EXEMPT STATUS
AND ESTABLISHMENT AS AN ELIGIBLE
CCCAP PROVIDER SEPARATE AND
DISTINCT FROM THE PARENT
-INITIATED PROCESS. THE PILOT PROGRAM MUST
OPERATE IN AT LEAST TWO COUNTIES
, INCLUDING ONE URBAN COUNTY AND
ONE RURAL COUNTY
. BY JUNE 30, 2027, THE DEPARTMENT SHALL EVALUATE
THE OUTCOMES OF THE PILOT PROGRAM ON ENROLLED PROVIDERS AND CHILD
CARE CAPACITY AND SERVICES IN PARTICIPATING COUNTIES
.
SECTION 7. In Colorado Revised Statutes, 26.5-4-111, amend (1),
(2)(a), (4)(a)(I), (4)(b), (4)(c), (7)(d), and (12)(a); and add (15) as follows:
26.5-4-111. Services - eligibility - assistance provided - waiting
lists - rules - exceptions from cooperating with child support
establishment. (1) Subject to available appropriations and pursuant to
department rules promulgated for the implementation of this part 1, a
county shall provide child care assistance to a participant or any person or
family whose income is not more than one hundred eighty-five percent of
the federal poverty level. F
OR PURPOSES OF DETERMINING OR
REDETERMINING ELIGIBILITY FOR CHILD CARE ASSISTANCE
, A COUNTY SHALL
EXCLUDE FROM THE DEFINITION OF INCOME PAYMENTS MADE TO A FAMILY
FROM ANY UNRESTRICTED CASH ASSISTANCE PROGRAM ADMINISTERED BY
A GOVERNMENT
, INTERMEDIARY, NONPROFIT, OR CORPORATE ENTITY .
Subject to available appropriations and as necessary to comply with federal
law or to align eligibility across early care and education programs
specifically to meet the early care and education, income security, and child
welfare needs of similar populations and as allowed by federal regulations,
PAGE 5-HOUSE BILL 24-1223 the executive director by rule may adjust the percentage of the federal
poverty level used to determine child care assistance eligibility and shall
revise income and
verification requirements that promote alignment and
simplification
WITH THE COLORADO UNIVERSAL PRESCHOOL PROGRAM .
(2) (a) A county may provide child care assistance for any family
whose income at initial determination exceeds the requirements of
subsection (1) of this section but does not exceed the maximum federal
level for eligibility for services of eighty-five percent of the state median
income for a family of the same size if it is serving all eligible families who
have applied for CCCAP and whose income level is below that
requirement. A
COUNTY SHALL EXCLUDE STATE AND FEDERAL ASSISTANCE
PROGRAM INCOME IN ELIGIBILITY DETERMINATIONS
.
(4) (a) (I) A recipient of child care assistance through CCCAP is
responsible for paying a portion of the recipient's child care costs based
upon the recipient's income and the formula developed by department rule.
T
HE DEPARTMENT AND COUNTIES SHALL PROVIDE PARENT FEE INFORMATION
IN A VARIETY OF DISSEMINATION METHODS SUCH AS WEBSITES
, INCLUDING
THE
COLORADO SHINES WEBSITE , MASS MEDIA, PAPER FORMS AND
BROCHURES
, AND TARGETED OUTREACH. THE INFORMATION MUST INCLUDE
A CLEAR DEFINITION OF THE PARENT FEE
; HOW PARENT FEES ARE
CALCULATED
; PARENT FEE POLICIES, SUCH AS WHEN THEY MUST BE PAID ;
THE PARENT FEE AND SLIDING FEE SCALE ; HOW PARENTS AND PROVIDERS
WERE ENGAGED IN THE PROCESS FOR DETERMINING THE PARENT FEE AND
SLIDING FEE SCALE
; AND A DESCRIPTION OF HOW PARENT FEES MIGHT DIFFER
BASED ON THE PROVIDER THAT A FAMILY SELECTS
. PARENT FEE SLIDING
SCALES SHOULD BE PRESENTED IN A CLEAR
, ACCESSIBLE FORMAT. THE
INFORMATION MUST ALSO BE ACCESSIBLE IN LANGUAGES IN ADDITION TO
ENGLISH AND SPANISH, BASED ON THE POPULATIONS THE DEPARTMENT AND
COUNTIES SERVE
.
(b) The executive director by rule shall establish, and at least every
five years review and revise, as appropriate, a copayment schedule so that
the copayment gradually increases as the family income approaches
self-sufficiency income levels,
BUT MUST BE NO GREATER THAN SEVEN
PERCENT OF THE FAMILY
'S GROSS MONTHLY INCOME ON OR BEFORE AUGUST
1, 2026, REGARDLESS OF THE NUMBER OF CHILDREN IN CARE , AS
DETERMINED BASED ON ONE MONTH OF INCOME
, UNLESS ONE MONTH OF
INCOME DOES NOT PROVIDE AN ACCURATE INDICATION OF ANTICIPATED
PAGE 6-HOUSE BILL 24-1223 INCOME, IN WHICH CASE THE COUNTY MAY USE EVIDENCE OF UP TO THE
MOST RECENT TWELVE MONTHS OF INCOME
; HOWEVER, IF A FEDERAL RULE
LIMITS COPAYMENTS TO LESS THAN SEVEN PERCENT OF THE FAMILY
'S GROSS
MONTHLY INCOME
, THE DEPARTMENT SHALL IMMEDIATELY COMPLY WITH
THE FEDERAL LIMIT
. This revised copayment schedule should allow families
to retain a portion of their increases in income.
(c) A participant who is employed shall pay a portion of the
participant's income for child care assistance under CCCAP. The
participant's required copayment pursuant to the provisions of this
subsection (4)(c) must be IS determined by a formula established by
department rule that takes into consideration the factors set forth in
subsections (4)(a) and (4)(b) of this section. T
HE PARTICIPANT'S EMPLOYER
MAY PAY THE PARTICIPANT
'S COPAYMENT AT THE PARTICIPANT 'S
COPAYMENT RATE
.
(7) (d) Subject to available appropriations and
Pursuant to
department rules promulgated for the implementation of this part 1, a parent
who is enrolled in a postsecondary education program or a workforce
training program is eligible for CCCAP for at least any two years of the
postsecondary education or workforce training program, provided all other
CCCAP eligibility requirements are met during those two years. On and
after July 1, 2023
JULY 1, 2024, a county may only NOT give priority for
services to a working family over a family enrolled in postsecondary
education or workforce training. if the county does not have sufficient
funding and has received approval from the department before
implementing the prioritization.
(12) Each county:
(a) Upon notification to counties by the department that the relevant
case management systems, including the Colorado child care automated
tracking system, are capable of accommodating this subsection (12)(a), and
pursuant to department rules,
ON OR BEFORE AUGUST 1, 2026, AND SUBJECT
TO AVAILABLE FEDERAL APPROPRIATIONS
, in addition to regular provider
reimbursement rates,
THE COUNTY DEPARTMENTS shall pay providers for
care in alignment with common practices in the private market for child
care,
INCLUDING PAYING PROVIDERS WEEKLY FOR EACH CHILD BASED ON
CHILD ENROLLMENT IN ADVANCE OF THE PROVISION OF SERVICES
. The
department rules governing payment policies must allow daily
PAGE 7-HOUSE BILL 24-1223 reimbursement rates only for drop-in child care, back-up child care, and
care that is commonly paid on a daily reimbursement basis in the
PRIVATE
child care market and must incentivize providers to promote regular
program attendance. O
N OR BEFORE AUGUST 1, 2026, AND SUBJECT TO
AVAILABLE FEDERAL APPROPRIATIONS
, THE DEPARTMENT AND COUNTY
DEPARTMENTS SHALL UTILIZE GRANTS AND CONTRACTS FOR UNDERSERVED
POPULATIONS
, INCLUDING CHILDREN IN UNDERSERVED GEOGRAPHIC AREAS ,
INFANTS AND TODDLERS , CHILDREN WITH DISABILITIES, AND FAMILIES
NEEDING NONTRADITIONAL
-HOUR CARE, TO IMPROVE EQUITABLE ACCESS
FOR THESE POPULATIONS
. THE DEPARTMENT SHALL ANNUALLY EVALUATE
DATA REGARDING THE NUMBERS AND PERCENTAGES OF UNDERSERVED
POPULATIONS BEING SERVED BY
CCCAP TO DETERMINE IF EQUITABLE
ACCESS IS IMPROVED OR ACHIEVED
. THE EXECUTIVE DIRECTOR SHALL
PROMULGATE RULES FOR THE IMPLEMENTATION OF THIS SUBSECTION
(12).
(15) A
N APPLICANT CAN SATISFY THE ELIGIBLE ACTIVITY CRITERIA
FOR UP TO ONE YEAR BY PARTICIPATING IN A SUBSTANCE USE DISORDER
TREATMENT
. PARTICIPATION IN A NATIONALLY RECOGNIZED ,
EVIDENCE-BASED SUBSTANCE USE DISORDER TREATMENT PROGRAM AT AN
INTENSIVE OUTPATIENT SERVICE LEVEL OF CARE OR HIGHER MUST BE
RECOGNIZED AS AN ELIGIBLE ACTIVITY FOR A WORKFORCE TRAINING
PROGRAM
.
SECTION 8. In Colorado Revised Statutes, 26.5-4-115, amend
(1)(a) as follows:
26.5-4-115. Performance contracts. (1) (a) Each county, either
acting singly or with a group of counties, shall enter into an annual
performance contract with the department that identifies the county's or
group of counties' and the department's duties and responsibilities in
implementing the child care assistance program,
INCLUDING QUALITY
CUSTOMER SERVICE TO CLIENTS
. The performance contract must include, but
need not be limited to, requirements and provisions that address each party's
duties and responsibilities to work in a collaborative manner to administer,
financially support, and implement the child care assistance program using
fair and objective criteria.
SECTION 9. In Colorado Revised Statutes, add 26.5-4-121 as
follows:
PAGE 8-HOUSE BILL 24-1223 26.5-4-121. Child and adult care food program feasibility study.
(1) T
HE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT
, SHALL CONDUCT OR CONTRACT FOR A STUDY
TO DETERMINE THE FEASIBILITY OF DE
-LINKING ELIGIBILITY FOR THE
FEDERAL CHILD AND ADULT CARE FOOD PROGRAM FROM THE
COLORADO
CHILD CARE ASSISTANCE PROGRAM
. THE STUDY MUST INCLUDE:
(a) R
ESEARCH ON ALTERNATIVE ELIGIBILITY PROCESSES FOR
PARTICIPATION IN THE FEDERAL CHILD AND ADULT CARE FOOD PROGRAM
THAT IS SPECIFICALLY TAILORED FOR LICENSE
-EXEMPT FAMILY, FRIEND, AND
NEIGHBOR PROVIDERS
, AS DESCRIBED IN SECTION 26.5-3-808; AND
(b) GUIDELINES AND BEST PRACTICES FOR THE IMPLEMENTATION OF
ALTERNATIVE ELIGIBILITY PROCESSES TO ENSURE ADEQUATE OVERSIGHT
WITHOUT CREATING UNDUE ADMINISTRATIVE BURDENS FOR THE
DEPARTMENT OR LICENSE
-EXEMPT FAMILY, FRIEND, AND NEIGHBOR
PROVIDERS
, WHILE ENSURING THE NUTRITIONAL WELL -BEING OF CHILDREN
IN THE PROVIDER
'S CARE.
SECTION 10. Appropriation. For the 2024-25 state fiscal year,
$100,000 is appropriated to the department of early childhood for use by the
community and family support division. This appropriation is from the
general fund. To implement this act, the division may use this appropriation
for the child and adult care food program study.
SECTION 11. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 9-HOUSE BILL 24-1223 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 10-HOUSE BILL 24-1223