As used in this part 3, unless the context otherwise
requires:
(1) Adverse action has the same meaning as negative licensing action as
defined in subsection (16)(a) of this section.
(1.5) Affiliate of a licensee means:
(a) Any person or entity that owns more than five percent of the ownership
interest in the business operated by the licensee or the applicant for a license; or
(b) Any person who is directly responsible for the care and welfare of
children served; or
(c) Any executive, officer, member of the governing board, or employee of a
licensee; or
(d) A relative of a licensee, which relative provides care to children at the
licensee's facility or is otherwise involved in the management or operations of the
licensee's facility.
(2) Application means a declaration of intent to obtain or continue a license
for a child care facility.
(3) (a) Child care center means a facility, by whatever name known, that is
maintained for the whole or part of a day for the care of five or more children,
unless otherwise specified in this subsection (3), who are eighteen years of age or
younger and who are not related to the owner, operator, or manager thereof,
whether the facility is operated with or without compensation for such care and
with or without stated educational purposes. The term includes, but is not limited
to, facilities commonly known as child care centers, school-age child care centers,
before- and after-school programs, kindergartens, preschools, outdoor nature-based preschool programs, day camps, and summer camps, and includes those
facilities for children under six years of age with stated educational purposes
operated in conjunction with a public, private, or parochial college or a private or
parochial school; except that the term does not apply to any kindergarten
maintained in connection with a public, private, or parochial elementary school
system of at least six grades.
(b) Notwithstanding the provisions of subsection (3)(a) of this section, a child
care center that operates as an outdoor nature-based preschool program serves
children who are at least three years of age but under eight years of age.
(4) Child care provider, as used in section 26.5-5-325, means a licensee, or
an affiliate of a licensee, when the licensee holds a license to operate a family child
care home pursuant to this part 3.
(5) (a) Children's resident camp means a facility operating for three or
more consecutive twenty-four-hour days during one or more seasons of the year
that offers group living experiences or seasonal outdoor adventure day camp
programs for five or more children. The purpose of the facility is to offer an outdoor
experience for youth development through multiple educational and recreational
activities in an outdoor, nature-based environment. The recreational activities occur
at a permanent facility or on trips off the premises.
(b) (I) A children's resident camp serves children who have completed
kindergarten or are six years of age or older through children younger than
nineteen years of age; except that a person nineteen years of age or twenty years
of age may attend a children's resident camp if, within six months prior to attending
the children's resident camp, the person has attended or has graduated from high
school.
(II) Notwithstanding the provisions of subsection (5)(b)(I) of this section, a
children's resident camp that offers seasonal outdoor adventure day camp
programs serves children who are five years of age or older.
(5.5) Colorado state courts data access system means the official public
access site for the Colorado judicial branch maintained by the Colorado state court
administrator's office containing read-only access to court data, including a name
index and register of actions.
(6) Exempt family child care home provider means a family child care home
provider who is exempt from certain provisions of this part 3 pursuant to section
26.5-5-304 (1)(f).
(7) Family child care home means a facility for child care operated with or
without compensation or educational purposes in a place of residence of a family or
person for the purpose of providing less than twenty-four-hour care for children
under the age of eighteen years who are not related to the head of such home.
Family child care home may include infant-toddler child care homes, large family
child care homes, experienced child care provider homes, and such other types of
family child care homes designated by department rules pursuant to section 26.5-5-314 (2)(n), as the executive director deems necessary and appropriate.
(8) Governing body means the individual, partnership, corporation, or
association in which the ultimate authority and legal responsibility is vested for the
administration and operation of a child care facility.
(9) Guardian means a person who is entrusted by law with the care of a
child under eighteen years of age.
(10) Guest child care facility means a facility operated by a ski area, as that
term is defined in section 33-44-103 (6), where children are cared for:
(a) While parents or persons in charge of such child are patronizing the ski
area;
(b) Fewer than ten total hours per day;
(c) Fewer than ten consecutive days per year; and
(d) Fewer than forty-five days in a calendar year, with thirty or fewer of such
forty-five days occurring in either the winter or summer months.
(11) Repealed.
(12) Kindergarten means any facility providing an educational program for
children only for the year preceding their entrance to the first grade, whether such
facility is called a kindergarten, preschool, or any other name.
(13) License means a legal document issued pursuant to this part 3
granting permission to operate a child care facility. A license may be in the form of
a provisional, probationary, or permanent license.
(14) Licensee means the entity or individual to which a license is issued and
that has the legal capacity to enter into an agreement or contract, assume
obligations, incur and pay debts, sue and be sued in its own right, and be held
responsible for its actions. A licensee may be a governing body.
(15) Licensing means the process by which the department approves a
facility for the purpose of conducting business as a child care facility.
(16) (a) Negative licensing action, or adverse action, means a final agency
action resulting in the denial of an application, the imposition of fines, or the
suspension or revocation of a license issued pursuant to this part 3 or the demotion
of such a license to a probationary license.
(b) As used in this subsection (16), final agency action means the
determination made by the department, after an opportunity for a hearing, to deny,
suspend, revoke, or demote to probationary status a license issued pursuant to this
part 3 or an agreement between the department and the licensee concerning the
demotion of such a license to a probationary license.
(17) (a) Neighborhood youth organization means a nonprofit organization
that provides programs and services, as described in section 26.5-5-308, to
children, youth, and families through comprehensive wraparound supports to
ensure positive growth and development during childhood and adolescence, and is
designed to serve youth as young as five years of age who are enrolled in
kindergarten and as old as eighteen years of age.
(b) A neighborhood youth organization does not include faith-based centers,
organizations or programs operated by state or city parks or special districts, or
departments or facilities that are currently licensed as child care centers.
(17.5) Nonprofit organization means an organization that is exempt from
taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code of
1986, 26 U.S.C. sec. 501, as amended.
(18) Occasional care means care of children, with or without compensation,
that is provided on an infrequent and irregular basis with no apparent pattern.
(18.5) Outdoor nature-based preschool program or outdoor program
means a full-day or partial-day outdoor nature-based preschool program for
children who are at least three years of age but under eight years of age that
operates at least fifty percent of the outdoor program's operating hours outdoors in
a department-approved outdoor natural space.
(19) Person means any corporation, partnership, association, firm, agency,
institution, or individual.
(20) Place of residence means the place or abode where a person actually
lives and provides child care.
(20.3) Plain language means writing that is clear, concise, well-organized,
and that follows other best practices appropriate to the subject or field and
intended audience, as defined by the federal Plain Writing Act of 2010, Pub.L. 111-274.
(20.5) Prevalent languages means the two most prevalent languages
spoken in the state of Colorado, as identified in the latest American community
survey published by the federal census bureau.
(21) Public preschool provider means a school district, or a charter school
authorized pursuant to article 30.5 of title 22, that provides a preschool program.
(22) Public services short-term child care facility means a facility that is
operated by or for a county department of human or social services or a court and
that provides care for a child:
(a) While the child's parent or the person in charge of the child is conducting
business with the county department of human or social services or participating in
court proceedings;
(b) Fewer than ten total hours per day;
(c) Fewer than fifteen consecutive days per year; and
(d) Fewer than forty-five days in a calendar year.
(23) Related means any of the following relationships by blood, marriage,
or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother,
stepsister, uncle, aunt, niece, nephew, or cousin.
(24) Relative means any of the following relationships by blood, marriage,
or adoption: Parent, grandparent, son, daughter, grandson, granddaughter, brother,
sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt,
niece, nephew, or cousin.
(25) Routine medications, as used in section 26.5-5-325, means any
prescribed oral, topical, or inhaled medication, or unit dose epinephrine, that is
administered pursuant to section 26.5-5-325.
(25.5) Seasonal outdoor adventure day camp program means a program
that operates for at least six hours a day, on a seasonal basis, primarily during the
summer and winter months, for a number of days specific to the approved
registration of seasonal outdoor adventure day camp participants. Seasonal
outdoor adventure day camp programs serve children who are five years of age or
older.
(26) Sibling means one or more individuals having one or both parents in
common.
(27) Substitute child care provider means a person who provides
temporary care for a child or children in a licensed child care facility, including a
child care center and a family child care home.
(28) Substitute placement agency means any corporation, partnership,
association, firm, agency, or institution that places or that facilitates or arranges
placement of short-term or long-term substitute child care providers in licensed
child care facilities providing less than twenty-four-hour care.
(29) Supervisory employee means, as used in section 26.5-5-307:
(a) A person directly responsible for managing a guest child care facility and
the employees of the facility; or
(b) A person directly responsible for managing a public services short-term
child care facility and the employees of the facility.
(30) Youth member means a youth who is five years of age and enrolled in
kindergarten or who is older than five years of age and up to eighteen years of age
whose parent or legal guardian has provided written consent for the youth to
participate in the activities of a neighborhood youth organization.