(1) This part 1 does not apply to:
Special schools or classes operated primarily for religious instruction or for a singleskill-building purpose;
A child care facility which is approved, certified, or licensed by any other state agency, or by a federal government department or agency, which has standards for operation of the facility and inspects or monitors the facility;
Facilities operated in connection with a church, shopping center, or business wherechildren are cared for during short periods of time while parents, persons in charge of such children, or employees of the church, shopping center, or business whose children are being cared for at such location are attending church services at such location or shopping, patronizing, or working on the premises of any such business;
Occasional care of children that has no apparent pattern and occurs with or withoutcompensation;
The care of a child by a person in his or her private residence when the parent,guardian, or other person having legal custody of such child gives his consent to such care and when the person giving such care is not regularly engaged in the business of giving such care; (f) Juvenile courts; (g) Repealed.
Nursing homes which have children as residents.
(I) An individual who provides less than twenty-four-hour child care in a place ofresidence when one of the following conditions is met:
The children being cared for are related, as defined in section 26-6-102 (31) and(32), to the caregiver, are children who are related to each other as siblings, as defined in section 26-6-102 (35.5), from a single family that is unrelated to the caregiver, or a combination of such children; or
There are no more than four children being cared for, with no more than two children under two years of age from multiple families, regardless of the children's relation to the caregiver.
(I.5) An individual providing child care in a place of residence authorized pursuant to subsection (1)(i)(I) of this section shall notify the parents of the children in the individual's care that the individual is operating under a legal license exemption and that the state has not verified the health and safety of the care setting or performed background checks on the individual or anyone else residing in the residence.
(I.7) On or before July 1, 2021, and every year thereafter, the department shall report the number of complaints filed against child care providers who are claiming an exemption from licensing pursuant to subsection (1)(i)(I)(B) of this section.
(II) This subsection (1)(i) is repealed, effective September 1, 2026.
For purposes of this section, "short periods of time" means fewer than three hours inany twenty-four-hour period.
A licensee or governing body that has received a final agency action resulting in thesuspension or revocation of a license issued pursuant to this part 1 is prohibited from operating pursuant to subsection (1) of this section, except when the children being cared for are related, as defined in section 26-6-102 (31) and (32), to the caregiver.
Repealed.
The department shall provide education and information in an accessible manner onthe state licensing website for child care providers who are exempt pursuant to this section but are interested in becoming a licensed child care provider.
On or before July 1, 2021, and every year thereafter, the department shall report thenumber of cease-and-desist orders issued to child care providers who are operating outside the exemptions described in this section.
Source: L. 67: p. 1040, § 3. C.R.S. 1963: § 119-8-3. L. 69: p. 994, § 3. L. 83: (1)(g) added, p. 1131, § 1, effective May 25. L. 90: (1)(b) amended and (1)(h) added, p. 1388, § 2, effective May 4. L. 94: (1)(b) amended, p. 1045, § 3, effective January 1, 1995. L. 96: IP(1) amended, p. 806, § 4, effective May 23; (1)(g) amended, p. 254, § 4, effective July 1. L. 2001: (1)(c) amended and (2), (3), and (4) added, p. 872, § 1, effective August 8. L. 2006: (1)(g) amended, p. 1080, § 2, effective May 25; (1)(a) and (1)(d) amended, p. 725, § 2, effective August 7. L. 2008: (4) repealed, p. 1911, § 115, effective August 5. L. 2016: (3) amended, (SB 16-189), ch. 210, p. 782, § 75, effective June 6. L. 2017: IP(1) amended, (1)(g) repealed, and (1)(i) added, (SB 17-110), ch. 85, p. 262, § 1, effective August 9. L. 2020: (1)(i) and (3) amended and (5) and (6) added, (HB 20-1347), ch. 251, p. 1224, § 2, effective July 8.
Cross references: For the legislative declaration and report to the general assembly contained in the 1990 act amending this section, see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990.