(1) (a) (I) An exempt family child care home provider who provides care for a child and an individual who provides care for a child who is related to the individual, referred to collectively in this section as a "qualified provider", shall be subject to a fingerprint-based criminal history record check, referred to in this section as an "FCC", as provided in this section and the rules authorized in section 26-6-107 (1)(a)(I) and (1)(a)(I.5), if the child's care is funded in whole or in part with moneys received on the child's behalf from the publicly funded Colorado child care assistance program. The provisions of this section shall apply to exempt family child care home providers or individuals who provide care to a related child who receive moneys from the publicly funded Colorado child care assistance program pursuant to contracts or other payment agreements entered into or renewed on or after May 25, 2006.
Each adult eighteen years of age or older who resides with a qualified provider where the care is provided, referred to in this section as a "qualified adult", shall be subject to the FCC required pursuant to this section.
The FCC required for a qualified provider or qualified adult pursuant to this sectionshall include a fingerprint-based criminal history records check utilizing the records of the Colorado bureau of investigation and, for qualified providers or qualified adults applying for child care assistance program moneys on or after August 10, 2011, the federal bureau of investigation. As part of the FCC, the state department shall access the records and reports of child abuse or neglect maintained by the state department to determine whether the subject of the FCC has been found to be responsible in a confirmed report of child abuse or neglect. Information shall be made available pursuant to section 19-1-307 (2)(j), C.R.S., and rules promulgated by the state board pursuant to section 19-3-313.5 (4), C.R.S.
The FCC required pursuant to this section shall be a prerequisite to the issuance orrenewal of a contract for receipt of moneys under the Colorado child care assistance program as provided in part 8 of article 2 of this title. The state department shall not issue or renew a contract for payment of moneys under the Colorado child care assistance program to a qualified provider who fails to submit to the FCC or fails to submit fingerprints for a qualified adult.
A qualified provider shall notify the county with whom he or she has contractedpursuant to the Colorado child care assistance program upon any change of circumstances that results in the presence of a new qualified adult. A new qualified adult is required to undergo an FCC as provided in this section, even if the Colorado child care assistance program contract is not subject to renewal when the qualified adult moves into the residence where the care is provided.
A qualified provider or qualified adult who undergoes an FCC shall, with submittalof his or her fingerprints, pay to the state department a fee established by rule of the state board pursuant to subsection (5) of this section to offset the costs associated with processing the FCC through the Colorado bureau of investigation and the federal bureau of investigation.
(1.5) (a) When the results of an FCC performed pursuant to subsection (1) of this section reveal a record of arrest without a disposition, the state department shall require that person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).
(b) A person who undergoes a name-based criminal history record check shall pay to the state department a fee established by rule of the state board pursuant to subsection (5) of this section to offset the costs associated with performing the name-based criminal history record check.
(2) A contract to provide moneys under the Colorado child care assistance program pursuant to part 8 of article 2 of this title shall not be issued or renewed by the state department or a county department to a qualified provider if the qualified provider or a qualified adult has been convicted of:
Child abuse, as described in section 18-6-401, C.R.S.;
A crime of violence, as defined in section 18-1.3-406, C.R.S.;
Any felony offense involving unlawful sexual behavior, as defined in section 16-22102 (9), C.R.S.;
Any felony, the underlying factual basis of which has been found by the court on therecord to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;
Any felony involving physical assault, battery, or a drug-related offense within thefive years preceding the date of the FCC; or
Any offense in any other state, the elements of which are substantially similar to theelements of any one of the offenses described in paragraphs (a) to (e) of this subsection (2).
(3) A contract to provide moneys under the Colorado child care assistance program pursuant to part 8 of article 2 of this title shall not be issued or renewed by the state department or a county department to a qualified provider if the qualified provider or a qualified adult:
Has a pattern of misdemeanor convictions occurring within the ten years precedingsubmission of the application. A pattern of misdemeanor convictions shall be defined by rule of the state board; or
Has been determined to be insane or mentally incompetent by a court of competentjurisdiction and a court has entered, pursuant to part 3 or 4 of article 14 of title 15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental incompetency or insanity is of such a degree that the qualified provider cannot safely operate a child care home. The record of such determination and entry of such order shall be conclusive evidence thereof. A qualified provider shall sign an attestation affirming the lack of such a finding prior to entering into or renewing a contract for moneys under the Colorado child care assistance program, pursuant to section 26-2-805.5 (2).
A qualified provider who has submitted to an FCC by the Colorado bureau of investigation and the federal bureau of investigation may, pending the receipt of the results of the FCC, continue to receive moneys from the Colorado child care assistance program.
The state board shall promulgate rules to establish the amount of the fee to collectfrom a qualified provider or qualified adult who is subject to an FCC pursuant to subsection (1) of this section or a name-based criminal history record check pursuant to subsection (1.5) of this section. The state department is authorized to collect the fee at the time of the FCC or namebased criminal history record check.
Source: L. 2006: Entire section added, p. 1081, § 3, effective May 25. L. 2007: (1)(a)(I) and (4) amended, p. 317, § 1, effective April 2. L. 2010: (1), IP(2), IP(3), (3)(b), (4), and (5) amended, (SB 10-118), ch. 102, p. 345, § 1, effective April 15; (3)(b) amended, (SB 10-175), ch. 188, p. 805, § 78, effective April 29. L. 2011: (1)(a)(III) amended, (HB 11-1145), ch. 163, p. 563, § 4, effective August 10. L. 2019: (1.5) added and (5) amended, (HB 19-1166), ch. 125, p. 557, § 48, effective April 18.
Editor's note: Amendments to subsection (3)(b) by Senate Bill 10-175 and Senate Bill 10-118 were harmonized.