§ 26.5-5-320 — Injunctive proceedings

Colorado § 26.5-5-320

• Jurisdiction: Colorado
• Title 26.5: Early
• Art.: Quality Improvement Initiatives

Text

The department, in the name of the
people of the state of Colorado, through the attorney general of the state, must
apply for an injunction in any court of competent jurisdiction to enjoin any person
from operating any facility without a license that is required to be licensed under
this part 3. If the person does not have a valid license pursuant to this part 3, the
person's license has been revoked pursuant to section 26.5-5-317, or the person
does not meet the licensing exemption criteria set forth in section 26.5-5-304, yet
provides child care, and has a pattern of providing such child care without a valid
license as required by this part 3, and despite having received notification from the
department that the person or facility is in violation of the law, then the person is
providing unlicensed and illegal child care. At the time the department applies for
an injunction, the department shall notify law enforcement of the injunction
proceedings. If it is established that the defendant has been or is so operating the
facility without a valid license, the court shall enter a decree enjoining the
defendant from further operating the facility unless and until the person obtains a
license to operate the facility. In case of violation of any injunction issued pursuant
to this section, the court may summarily try and punish the offender for contempt
of court. Such injunctive proceedings are in addition to and not in lieu of the penalty
provided in section 26.5-5-321.

Legislative History

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 766, � 3, effective July 1.