(1) Notwithstanding any provision of this part 1 to the contrary, a neighborhood youth organization that is not otherwise licensed to operate under this part 1 may obtain a neighborhood youth organization license pursuant to this section. A neighborhood youth organization that obtains a license pursuant to this section shall be subject only to the requirements of this section and shall otherwise be exempt from the requirements of this part 1.
The state board shall promulgate rules to establish a neighborhood youth organization license, including but not limited to the fee required to apply for and obtain the license. The rules shall not concern staff-to-youth ratios.
A neighborhood youth organization licensed pursuant to this section and operating inthe state of Colorado shall have the following duties and responsibilities:
(a) To inform a parent or legal guardian of the requirements of this subsection (3) and to post a notice in bold print and in plain view on the premises of the facility in which the neighborhood youth organization operates that lists the following information:
The requirements of this subsection (3); and
The telephone number and address of the appropriate division within the state department for investigating complaints concerning a neighborhood youth organization, with the instruction that any complaint regarding the neighborhood youth organization's compliance with these requirements be directed to that division;
Prior to admitting an interested youth member into the neighborhood youth organization, to require the youth member's parent or legal guardian to sign a statement authorizing the youth member to arrive and depart from the organization without supervision by a parent, legal guardian, or the organization;
To establish a process to receive and resolve complaints from parents or legal guardians;
To establish a process to report known or suspected child abuse or neglect to appropriate authorities pursuant to section 19-3-304, C.R.S.;
To maintain, either at the neighborhood youth organization or at a central administrative facility, records for each youth member admitted into the neighborhood youth organization containing, at a minimum, the following information:
The youth member's full name;
The youth member's date of birth;
The name, address, and telephone number of a parent or legal guardian of the youthmember;
The name and telephone number of at least one emergency contact person for theyouth member; and
A parent's or legal guardian's written authorization for the youth member to attendthe neighborhood youth organization;
To require a youth member's parent or legal guardian to sign a statement authorizingthe neighborhood youth organization to provide transportation prior to field trips or to and from the neighborhood youth organization; and
To follow the requirements specified in subsection (4) of this section for a fingerprint-based or other criminal history record check of each employee and volunteer who works with or will work with youth members five or more days in a calendar month.
(4) A licensed neighborhood youth organization shall require all employees and volunteers who work directly with or will work directly with youth members five or more days in a calendar month to obtain, prior to employment, and every two years thereafter, one of the following:
A fingerprint-based criminal history records check utilizing the Colorado bureau ofinvestigation and request the state department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S. The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
A federal bureau of investigation fingerprint-based criminal history records checkutilizing the Colorado bureau of investigation if the employee, volunteer, or applicant has resided in the state of Colorado less than two years. The neighborhood youth organization shall request the state department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S. The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
A comparison search by the state department on the ICON system of the state judicial department or a comparison search on any other database that is recognized on a statewide basis by using the name, date of birth, and social security number information that the state department determines is appropriate to determine whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S. The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
A separate background check by a private entity regulated as a consumer reportingagency pursuant to 15 U.S.C. sec. 1681 et seq. that shall disclose, at a minimum, sexual offenders and felony convictions and include a social security number trace, a national criminal file check, and a state or county criminal file search. The separate background check shall ascertain whether the person being investigated has been convicted of felony child abuse as specified in section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S. The neighborhood youth organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history.
A person who visits or takes part in the activities of a licensed neighborhood youthorganization but who is not required to obtain a criminal history record check pursuant to subsection (4) of this section shall at all times be under the supervision of an employee or volunteer who has been hired or approved after obtaining a criminal history record check pursuant to subsection (4) of this section.
The governing board of each licensed neighborhood youth organization shall adoptminimum standards for operating the licensed neighborhood youth organization, including but not limited to standards concerning staff, staff training, health and safety, and mechanisms for assessing and enforcing the licensed neighborhood youth organization's compliance with the standards adopted.
The state department shall have the authority to receive, respond to, and investigateany complaint concerning compliance with the requirements set forth in this section for a licensed neighborhood youth organization.
A licensed neighborhood youth organization shall not be required to obtain or keepon file immunization records for youth members participating in the organization's activities.
As used in this section, unless the context otherwise requires:
"Employee" means a paid employee of a neighborhood youth organization who iseighteen years of age or older.
"Volunteer" means a person who volunteers his or her assistance to a neighborhoodyouth organization and who is eighteen years of age or older.
Source: L. 2010: Entire section added, (HB 10-1044), ch. 85, p. 285, § 2, effective April 14. L. 2011: (4) amended, (HB 11-1145), ch. 163, p. 561, § 2, effective August 10. L. 2012: (4) amended, (HB 12-1228), ch. 130, p. 448, § 1, effective April 23.