Notice of negative licensing action - filing of complaints.

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(1) (a) When a child care center facility or family child care home facility licensed pursuant to this part 1 has been notified by the department of a negative licensing action or the imposition of a fine pursuant to section 26-6-108 (2) and (2.7), it shall, within ten days after receipt of the notice, provide the department with the names and mailing addresses of the parents or legal guardians of each child cared for at the child care center facility or family child care home facility. The department shall maintain the confidentiality of the names and mailing addresses provided to it pursuant to this subsection (1).

  1. Within twenty days after receipt of the names and addresses of parents and legalguardians pursuant to paragraph (a) of this subsection (1), the department shall send a written notice to each such parent or legal guardian identifying the negative licensing action or the fine imposed and providing a description of the basis for the action as it relates to the impact on the health, safety, and welfare of the children in the care of the facility. Such notice shall be sent to the parents and legal guardians by first-class mail.

  2. The state board shall promulgate rules concerning the assessment of a fine against alicensee that is equal to the direct and indirect costs associated with the mailing of the notice described in paragraph (b) of this subsection (1) against the facility.

  3. Nothing in this subsection (1) precludes the state department or a county departmentof human or social services from notifying parents of serious violations of any of the standards prescribed and published by the department or any of the provisions of this part 1 that could impact the health, safety, or welfare of a child cared for at the facility or home.

  1. The state board shall promulgate rules requiring child care center facilities and family child care home facilities to provide written notice to the parents and legal guardians of the children cared for in such facilities of the procedures by which to file a complaint against the facility or an employee of the facility with the division of child care in the department. Such rules shall specify what information the notice shall contain, but shall require that the notice include the current mailing address and telephone number of the division of child care in the department.

  2. The department shall track and record complaints made to the department that arebrought against family child care homes and shall identify which complaints were brought against licensed family child care homes, as defined in section 26-6-102 (13), unlicensed family child care homes, or legally exempt family child care homes, as defined in section 26-6-102 (12).

Source: L. 99: Entire section added, p. 1205, § 10, effective June 2. L. 2000: (3) added, p. 40, § 8, effective May 14. L. 2016: (3) amended, (SB 16-189), ch. 210, p. 783, § 78, effective June 6. L. 2017: (3) amended, (SB 17-110), ch. 85, p. 263, § 2, effective August 9. L. 2018:

(1)(d) amended, (SB 18-092), ch. 38, p. 449, § 127, effective August 8.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.


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