§ 26-6-912 — Investigations and inspections - local authority - reports - rules

Colorado § 26-6-912

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

Text

(1) (a) (I) (A) The state department shall investigate and pass on each application for
issuance of a license, each application for a permanent or time-limited license
following the issuance of a probationary or provisional license, and each application
for renewal of a license to operate a facility or an agency prior to granting the
license or renewal. As part of the investigation, the state department shall require
each individual, including but not limited to the applicant, an owner, an employee, a
newly hired employee, a licensee, and an adult who is eighteen years of age or older
and resides in the licensed facility, to obtain a fingerprint-based criminal history
record check by reviewing any record that is used to assist the state department in
ascertaining whether the person being investigated has been convicted of any of
the criminal offenses specified in section 26-6-905 (8) or any other felony. The
state board shall promulgate rules that define and identify what the criminal history
record check entails.

(B) Rules promulgated by the state board pursuant to this subsection (1)(a)(I)
must require the fingerprint-based criminal history record check in all
circumstances, other than those identified in subsection (1)(a)(I)(C) of this section, to
include a fingerprint-based criminal history record check using the records of the
Colorado bureau of investigation and the federal bureau of investigation and to
apply to any new owner, new applicant, newly hired employee, new licensee, or
individual who begins residing in the licensed facility. As part of the investigation,
the records and reports of child abuse or neglect maintained by the state
department must be accessed to determine whether the owner, applicant,
employee, newly hired employee, licensee, or individual who resides in the licensed
facility being investigated has been found to be responsible in a confirmed report of
child abuse or neglect. Information is made available pursuant to section 19-1-307
(2)(j) and rules promulgated by the state board pursuant to section 19-3-313.5 (4).
Except as provided in subsection (1)(a)(I)(C) of this section, any change in ownership
of a licensed facility or agency or addition of a new resident adult or newly hired
employee to the licensed facility requires a new investigation as provided in this
section.

(C) When two or more individually licensed facilities are wholly owned,
operated, and controlled by a common ownership group or school district, a
fingerprint-based criminal history record check and a check of the records and
reports of child abuse or neglect maintained by the department, completed for one
of the licensed facilities of the common ownership group or school district pursuant
to this section for an individual for whom the check is required pursuant to this part
9, may satisfy the record check requirement for any other licensed facility under
the same common ownership group or school district. A new fingerprint-based
criminal history record check or new check of the records and reports of child
abuse or neglect maintained by the department is not required of such an individual
if the common ownership group or school district maintains a central records
management system for employees of all its licensed facilities; takes action as
required pursuant to section 26-6-905 when informed of the results of a
fingerprint-based criminal history record check or check of the records and reports
of child abuse or neglect maintained by the department that requires action
pursuant to this part 9; and informs the department whenever an additional
licensed facility comes under or is no longer under its ownership or control.

(D) The state board shall promulgate rules to implement this subsection
(1)(a)(I).

(II) Rules promulgated by the state board pursuant to subsection (1)(a)(I) of
this section must also include:

(A) A comparison search on the ICON system at the state judicial department
with the name and date of birth information and any other available source of
criminal history information that the state department determines is appropriate for
each circumstance in which the Colorado bureau of investigation fingerprint check
either does not confirm a criminal history or confirms a criminal history, in order to
determine the crime or crimes for which the person was arrested or convicted and
the disposition thereof;

(B) Any other recognized database that is accessible on a statewide basis as
set forth by rules promulgated by the state board; and

(C) When the results of an investigation performed pursuant to subsection
(1)(a)(I) of this section or this subsection (1)(a)(II) reveal a record of arrest without a
disposition, a name-based judicial record check, as defined in section 22-2-119.3
(6)(d).

(III) If the operator of a facility or agency refuses to hire an applicant as a
result of information disclosed in the investigation of the applicant pursuant to
subsection (1)(a)(I) of this section, the facility or agency is not subject to civil liability
for the refusal to hire. If a former employer of the applicant releases information
requested by the facility or agency pertaining to the applicant's former
performance, the former employer is not subject to civil liability for the information
given.

(b) An applicant for certification as a foster care home or kinship foster care
home shall provide the child placement agency or the county department from
which the certification is sought with a list of all the prior child placement agencies
and county departments to which the applicant has previously applied, and a
release of information from the child placement agencies and county departments
to which the applicant has previously applied, to obtain information about the
application and any certification given by the child placement agencies and county
departments. A child placement agency or county department from which the
certification is sought shall conduct a reference check of the applicant and any
adult resident of the foster care home or kinship foster care home by contacting all
of the child placement agencies and county departments identified by the applicant
before issuing the certification for that foster care home or kinship foster care
home. Child placement agencies and county departments are held harmless for
information released, in good faith, to other child placement agencies or county
departments.

(c) (I) For all applicants applying to be a foster care home or kinship foster
care home, regardless of reimbursement, the county department or child
placement agency shall require each adult who is eighteen years of age or older
and who resides in the home to obtain a fingerprint-based criminal history record
check through the Colorado bureau of investigation and the federal bureau of
investigation. The applicant must provide the county department or child placement
agency with the addresses where the applicant and any adult residing in the home
have lived in the preceding five years, including addresses from other states. The
county department or the child placement agency shall conduct the following
background checks of the applicant or an adult residing in the home:

(A) A fingerprint-based criminal history record check to determine if the
applicant or adult residing in the home has been convicted of any of the crimes
listed in section 26-6-910 (5)(a);

(B) A check of the ICON system at the state judicial department to determine
the status or disposition of any pending criminal charges brought against the
applicant or adult who resides in the home that were identified by the fingerprint-based criminal history record check through the Colorado bureau of investigation
and the federal bureau of investigation;

(C) A check of the state department's automated database for information to
determine if the applicant or adult who resides in the home has been identified as
having a finding of child abuse or neglect and whether the finding has been
determined to present an unsafe placement for a child;

(D) A check against the state's sex offender registry and against the national
sex offender public registry 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 the applicant or adult who resides in the home
is a registered sex offender; and

(E) When the results of a fingerprint-based criminal history record check
performed pursuant to this subsection (1)(c)(I) reveal a record of arrest without a
disposition, a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).

(II) In addition to the fingerprint-based criminal history record check, the
county department or child placement agency shall contact the appropriate entity
in each state in which the applicant or any adult residing in the home has resided
within the preceding five years to determine whether the individual has been found
to be responsible in a confirmed report of child abuse or neglect.

(III) The screening request in Colorado for criminal history record checks
through the Colorado bureau of investigation and the federal bureau of
investigation must be made pursuant to section 19-1-307 (2)(k.5), rules promulgated
by the state board pursuant to section 19-3-313.5, and 42 U.S.C. sec. 671 (a)(20).

(IV) The department must conduct an investigation pursuant to this
subsection (1)(c) for any new resident adult whenever the adult is added to the
foster care home or kinship care home. The department shall not use information
obtained from state records of abuse or neglect for any purpose other than
conducting the investigation for placement or certification.

(d) (I) When the state department, county department, or child placement
agency is able to certify that the applicant or licensee is competent and will
operate adequate facilities to care for children pursuant to the requirements of this
part 9 and that standards are being met and will be complied with, it shall issue the
license for which the applicant or licensee applied. The state department shall
inspect or cause to be inspected the facilities to be operated by an applicant for an
original license before the license is granted and shall thereafter inspect or cause
to be inspected the facilities of all licensees that, during the period of licensure,
have been found to be the subject of complaints or to be out of compliance with the
standards set forth in section 26-6-909 and the rules of the state department, or
that otherwise appear to be placing children at risk. The state department may
make such other inspections as it deems necessary to ensure that the requirements
of this part 9 are being met and that the health, safety, and welfare of the children
being placed are protected. If, as a result of an inspection of a certified foster care
home or kinship foster care home, the state department determines that a child
residing in the foster care home or kinship foster care home is subject to an
immediate and direct threat to the child's safety and welfare, as defined by rules
promulgated by the state board, or that a substantial violation of a fundamental
standard of care warrants immediate action, the state department may require a
county department to immediately remove the child from the foster care home or
kinship foster care home.

(II) The state board shall adopt rules concerning the on-site public
availability of the most recent inspection report results of facilities, when
requested. The state board shall also adopt rules concerning a requirement that all
facilities licensed pursuant to this part 9 post their licenses and information
regarding the procedures for filing a complaint pursuant to this part 9 directly with
the state department, which rules must require that each facility display its license
and complaint procedures in a prominent and conspicuous location at all times
during operational hours of the facility; except that the rules must not require
foster care homes to post their licenses and the rules must not require foster care
homes and child placement agencies to post information regarding the procedures
for filing a complaint pursuant to this part 9 directly with the state department. The
state board shall adopt rules requiring foster care homes to make their licenses
available to their patrons for inspection, upon request, and requiring foster care
homes and child placement agencies to make the information concerning the filing
of complaints available to their patrons for inspection, upon request.

(e) Notwithstanding any provision of this part 9 to the contrary, the state
department may enter into an interagency agreement or a memorandum of
understanding, or both, as necessary to complete the criminal history record checks
and other background checks required in this section.

(2) (a) (I) Except as otherwise provided in subsection (2)(a)(II) of this section,
the state department may authorize or contract with a county department, the
county department of health, or another publicly or privately operated organization
that has a declared interest in children and experience working with children or on
behalf of children to investigate and inspect the facilities applying for an original or
renewal license or applying for a permanent license following the issuance of a
probationary or provisional license pursuant to this part 9 and may accept reports
on the investigations and inspections from the agencies or organizations as a basis
for licensing. When contracting for investigations and inspections, the state
department shall ensure that the contractor is qualified by training and experience
and has no conflict of interest with respect to the facilities to be inspected.

(II) The state department shall not authorize or contract with a county
department, the county department of health, or another publicly or privately
operated organization that has a declared interest in children and experience
working with children or on behalf of children for investigations and inspections
described in subsection (2)(a)(I) of this section of any facilities that provide twenty-four-hour care and are licensed pursuant to this part 9.

(b) A city, county, or city and county may impose and enforce higher
standards and requirements for facilities licensed pursuant to this part 9 than the
standards and requirements specified pursuant to this part 9.

(3) Every facility and agency licensed pursuant to this part 9 shall keep and
maintain such records as the department may prescribe pertaining to the
admission, progress, health, and discharge of children under the care of the facility
or agency and shall report relative thereto to the department whenever called for,
upon forms prescribed by the department. Both the facility or agency and the
department shall keep confidential all records regarding children and all facts
learned about children and their relatives.

(4) Within available appropriations, the state department shall monitor, on at
least a quarterly basis, the county department certification of foster care homes
and kinship foster care homes.

(5) As described in section 19-3.3-103, the state department and the office of
the child protection ombudsman shall coordinate site visits to investigate and
review residential child care facilities that house unaccompanied immigrant
children who are in the custody of the office of refugee resettlement in the federal
department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq.
The state department and the office of the child protection ombudsman may share
final reports based on their site visits.

(6) When the state department receives a serious complaint about a facility
or agency licensed pursuant to this part 9 alleging the immediate risk to the health
or safety of the children cared for in the facility, the state department shall respond
to the complaint and conduct an on-site investigation concerning the complaint
within forty-eight hours after its receipt.

Legislative History

Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 811, � 17, effective July 1. L. 2024: (1)(b), (1)(d)(I), and (4) amended, (SB 24-008), ch. 289, p. 1940, � 14, effective September 1.