(1) (a) The state department is hereby authorized to establish, pursuant to rules promulgated by the state board, permanent, time-limited, and provisional license fees and fees for continuation or renewal, whichever is applicable, of a license for the following types of child care arrangements:
Family child care homes, including any special type of family child care home designated by rules of the state board pursuant to section 26-6-106 (2)(p), but excluding homes certified by county departments or child placement agencies;
Child care centers;
Secure residential treatment centers;
Residential child care facilities;(V) Child placement agencies; (VI) Repealed.
Homeless youth shelters;
Day treatment centers;
Specialized group facilities;(X) Children's resident camps; and (XI) Substitute placement agencies.
(b) The state department may also establish fees pursuant to rules promulgated by the state board of human services for the following situations:
Issuance of a duplicate license;
Change of license due to an increase in licensing capacity or a change in the age ofchildren served;
Obtaining the criminal record of an applicant and any person living with or employed by the applicant, which may include costs associated with the taking of fingerprints;
Checking the records and reports of child abuse or neglect maintained by the statedepartment for an owner, employee, or resident of a facility or agency or an applicant for a license to operate a facility or agency;
Filing of appeals;
Duplication of licensing records for the public;
Duplication of licensing records in electronic format for the public;
Accrediting a child placement agency for purposes of providing adoption servicesfor convention adoptions pursuant to the "Intercountry Adoption Act of 2000", 42 U.S.C. sec.
14901 et seq.;
Insufficient funds payment and collection of overdue fees and fines; and
Collection of fees for scanning of adoption records pursuant to section 19-5-307,C.R.S.
(c) The fees established pursuant to this subsection (1) shall not exceed the direct and indirect costs incurred by the department. The division involved in licensing child care facilities shall develop and implement an objective and systematic approach for setting, monitoring, and revising child care licensing fees by developing and using an ongoing method to track all direct and indirect costs associated with child care inspection licensing, developing a methodology to assess the relationship between licensing costs and fees, and annually reassessing costs and fees and reporting the results to the state board. In developing a fee schedule, the department should consider the licensed capacity of facilities and the time needed to license facilities.
(2) (a) The fees specified in subsection (1) of this section shall be paid when application is made for any license or when renewal of a child placement agency license is sought and shall not be subject to refund. Applications for licenses shall be required in the situations that are set forth in paragraph (b) of this subsection (2) and shall be made on forms prescribed by the state department. Each completed application shall set forth such information as required by the state department. All licenses shall continue in force until revoked, surrendered, or expired.
(b) (I) An original application and fee are required:
When an individual, partnership, corporation, or association plans to open a childcare center, children's resident camp, secure residential treatment center, residential child care facility, homeless youth shelter, day treatment center, specialized group facility, or child placement agency;
When the child care center, children's resident camp, secure residential treatmentcenter, residential child care facility, homeless youth shelter, day treatment center, or specialized group facility plans to move the center or facility to a different building at a different location;
When the management or governing body of a child care center, children's residentcamp, secure residential treatment center, residential child care facility, homeless youth shelter, day treatment center, specialized group facility, or child placement agency is acquired by a different individual, association, partnership, or corporation;
(C.5) When a change occurs in the operating entity of a child care center, children's resident camp, secure residential treatment center, residential child care facility, homeless youth shelter, day treatment center, specialized group facility, or child placement agency resulting in a new federal employee identification number; except that, if the reason for the issuance of a new federal employee identification number is solely due to a change in the corporate structure of the operating entity and either the management or governing body of the entity remains the same as originally licensed and the entity is operating in the same facility or facilities as originally licensed, the state department shall treat the entity's status as a renewal and assess the applicable renewal fee. Only newly hired employees shall be required to undergo criminal background checks as required in section 26-6-107.
(D) When a family or person plans to open a family child care home, including any special type of family child care home designated by rules of the state board pursuant to section
26-6-106 (2)(p), or foster care home;
(E) When a family or person who operates a family child care home, including any special type of family child care home designated by rules of the state board pursuant to section 26-6-106 (2)(p), or foster care home moves to a new residence.
(II) A reapplication and fee shall be required and received by the state department in the manner specified in rules promulgated by the state board. An individual, partnership, corporation, or association seeking to renew a child placement agency license shall submit a reapplication and fee to the state department as specified in rules promulgated by the state board.
Nothing in this section shall prevent any city or city and county from imposing additional fees to those specified under this section.
All fees collected pursuant to this section shall be transmitted to the state treasurer,who shall credit the same to the child care licensing cash fund, which is hereby created. The general assembly shall make annual appropriations from the child care licensing cash fund for expenditures incurred by the department in the performance of its duties under this part 1. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
Source: L. 67: p. 1041, § 3. C.R.S. 1963: § 119-8-5. L. 69: p. 994, § 5. L. 77: (1) and
amended, p. 1360, § 2, effective June 1. L. 83: (2) amended, p. 1131, § 2, effective May 25. L. 89: (1)(d) added, p. 1220, § 2, effective May 26. L. 90: (1) R&RE, (2) and (3) amended, and (4) added, p. 1389, §§ 3, 4, effective May 4; (1)(a), (2)(b)(I)(A), and (2)(b)(I)(B) amended, p. 1397, §§ 9, 10, effective May 24; (1)(a)(VI)(B) added by revision, pp. 1397, 1400, §§ 9, 15. L. 94: IP(1)(a), (2)(a), and (2)(b)(II) amended, p. 1045, § 5, effective January 1, 1995. L. 96: (4) amended, p. 808, § 6, effective May 23; IP(1)(a), (1)(a)(I), (1)(b), (1)(c), and (2)(b) amended, p. 256, § 6, effective July 1. L. 99: (4) amended, p. 1200, § 3, effective June 2. L. 2000: (1)(a)(I), (2)(b)(I)(D), and (2)(b)(I)(E) amended and (1)(a)(VII), (1)(a)(VIII) and (1)(a)(IX) added, p. 38, § 5, effective May 14. L. 2001: IP(1)(a), (2)(a), and (2)(b)(II) amended, p. 746, § 12, effective June 1. L. 2003: IP(1)(b) and (1)(b)(IV) amended, p. 1410, § 18, effective January 1, 2004. L. 2005: (1)(b)(VIII) added, p. 970, § 3, effective June 2. L. 2006: (1)(a), (1)(b), (2)(a), and (2)(b)(I) amended, p. 728, § 5, effective August 7. L. 2013: IP(2)(b)(I) and (2)(b)(I)(C) amended and (2)(b)(I)(C.5) added, (HB 13-1084), ch. 29, p. 71, § 1, effective August 7. L. 2018: (1)(a)(IX) and (1)(a)(X) amended and (1)(a)(XI) added, (SB 18-162), ch. 124, p. 834, § 3, effective August 8.
Editor's note: Subsection (1)(a)(VI)(B) provided for the repeal of subsection (1)(a)(VI), effective July 1, 1995. (See L. 90, pp. 1397, 1400.)
Cross references: For the legislative declaration and report to the general assembly contained in the 1990 act amending subsections (1) to (3) and enacting subsection (4), see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990. For the legislative declaration contained in the 2003 act amending the introductory portion to subsection (1)(b) and amending subsection (1)(b)(IV), see section 1 of chapter 196, Session Laws of Colorado 2003.