§ 26-6-705 — Approval of temporary caregiver - background check - training

Colorado § 26-6-705

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Child Care Centers

Text

(1) A child placement agency operating a temporary care assistance program may
approve as a temporary caregiver any person who meets the standards prescribed
by the temporary care assistance program and who complies with the requirements
established pursuant to this section.

(2) (a) A child placement agency operating a temporary care assistance
program shall require an applicant to become an approved temporary caregiver and
any other person who resides in the applicant's home and is eighteen years of age
or older to submit to the following background checks:

(I) A fingerprint-based criminal history record check through the Colorado
bureau of investigation and the federal bureau of investigation in the same manner
as described in section 26-6-912 (1)(a)(I)(B). The Colorado bureau of investigation
shall send records obtained as a result of a fingerprint-based criminal history
record check only to the state department, and the use and handling of the
information must comply with the federal criminal justice information services
security policy. Information regarding the result of the fingerprint-based criminal
history record check received from the federal bureau of investigation and released
to a facility or agency must disclose only whether the applicant is eligible or
ineligible or that the investigation is inconclusive, with a further request for the
applicant to contact the state department to provide further information to
determine final eligibility status.

(II) A child abuse and neglect background check pursuant to section 19-1-307; and

(III) A check against the state's sex offender registry and against the
national sex offender public website operated by the United States department of
justice that checks names and addresses in the registries and the interactive
database system for Colorado to determine if a person is a registered sex offender.

(b) A child placement agency operating a temporary care assistance
program is responsible for the costs arising from any background check performed
pursuant to this section. The child placement agency may collect the costs from
any person subject to a background check.

(c) The child placement agency operating a temporary care assistance
program shall maintain records of a background check performed pursuant to this
section, including the full transcripts of the background check, for a period of not
less than five years. The child placement agency shall make the records available
to a parent or guardian executing a power of attorney, and any local, state, or
federal authority conducting an investigation involving the approved temporary
caregiver, the parent or guardian, or the minor.

(d) A child placement agency operating a temporary care assistance
program shall not approve an applicant as an approved temporary caregiver if a
background check conducted pursuant to this section discloses a substantiated
allegation of child abuse, neglect, or exploitation, or any crime that would
disqualify the applicant or any other person who resides in the applicant's home
and is eighteen years of age or older from becoming certified or licensed to operate
a foster care home in the state.

(3) A child placement agency operating a temporary care assistance
program shall train an approved temporary caregiver in the rights, duties, and
limitations associated with providing care for a minor pursuant to this part 7.

Legislative History

Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2507, � 1, effective August 2. L. 2022: (2)(a)(I) amended, (HB 22-1295), ch. 123, p. 859, � 103, effective July 1. L. 2025: (2)(a)(I) amended, (SB 25-146), ch. 342, p. 1853, � 5, effective June 2.