§ 26.5-5-318 — Notice of negative licensing action - filing of complaints

(1) (a)
When a child care center facility or family child care home facility licensed
pursuant to this part 3 has been notified by the department of a negative licensing
action or the imposition of a fine pursuant to section 26.5-5-317 (2) and (7), it shall,
within ten days after receipt of the notice, provide the department with the names
and mailing addresses of the parents or legal guardians of each child cared for at
the child care center facility or family child care home facility. The department shall
maintain the confidentiality of the names and mailing addresses provided to it
pursuant to this subsection (1).

(b) Within twenty days after receipt of the names and addresses of parents
and legal guardians pursuant to subsection (1)(a) of this section, the department
shall send a written notice to each parent or legal guardian identifying the negative
licensing action or the fine imposed and providing a description of the basis for the
action as it relates to the impact on the health, safety, and welfare of the children in
the care of the facility. The department shall send the notice to the parents and
legal guardians by first-class mail.

(c) The executive director shall promulgate rules concerning the assessment
of a fine against a licensee that is equal to the direct and indirect costs associated
with the mailing of the notice described in subsection (1)(b) of this section against
the facility.

(d) This subsection (1) does not preclude the department or a county
department of human or social services from notifying parents of serious violations
of any of the standards prescribed and published by the department or any of the
provisions of this part 3 that could impact the health, safety, or welfare of a child
cared for at the facility or home.

(2) The executive director shall promulgate rules requiring child care center
facilities and family child care home facilities to provide written notice to the
parents and legal guardians of the children cared for in such facilities of the
procedures by which to file a complaint against the facility or an employee of the
facility with the department. The rules must specify the information the notice must
contain, but must require that the notice include the current mailing address and
telephone number of the appropriate division within the department.

(3) The department shall track and record complaints made to the
department that are brought against family child care homes and shall identify
which complaints were brought against licensed family child care homes,
unlicensed family child care homes, or legally exempt family child care homes.

Legislative History

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 765, � 3, effective July 1.