(1) Substitute placement agencies are subject to the requirements of this part 1. The state department shall license substitute placement agencies to place or facilitate or arrange for the placement of short-term and long-term substitute child care providers in licensed facilities providing less than twenty-four-hour care.
(2) The state board shall promulgate rules for substitute placement agencies and substitute child care providers. At a minimum, state board rules must require that the substitute child care provider demonstrate that he or she has the training and certification for the child care license type and position in which the substitute child care provider is placed. Pursuant to section 26-6-107 (1)(a)(I)(C), each substitute child care provider shall pay for and submit to a fingerprint-based criminal history record check and a review of the records and reports of child abuse or neglect maintained by the state department to determine whether the substitute child care provider has been found to be responsible in a confirmed report of child abuse or neglect. When the results of a fingerprint-based criminal history record check or any other records check performed on a person pursuant to this subsection (2) reveal a record of arrest without a disposition, the state board shall require that person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). The substitute placement agency shall not place a substitute child care provider who is convicted of any of the crimes specified in section 26-6-104 (7) or section 26-6-108.
Source: L. 2008: Entire section added, p. 367, § 2, effective August 5. L. 2018: Entire section R&RE, (SB 18-162), ch. 124, p. 833, § 2, effective August 8. L. 2019: (2) amended, (HB 19-1166), ch. 125, p. 555, § 43, effective April 18.