Start a Daycare in Colorado – Licensing – Regulations – Laws
The demand for day care centers are rapidly increasing due to the unfortunate fact that parents, specifically the mothers of pre-school children are forced to work outside their homes to make ends meet. The current status of the economy makes it more challenging for the parents to earn for their daily needs and despite the effort of both parents, sometimes, it’s still not enough. Child care centers are helping these hardworking parents by making sure that their children are safe and well taken care of. These centers should go through a thorough process to acquire a license to operate and you can learn more about this process on this page.
COLORADO DAYCARE LICENSING
The Division of Child Care in Colorado, through the guidance of child care licensing laws by the state, is responsible for granting licenses and part of this responsibility is to monitor 9,000 different types of child care facilities including child care centers and homes, pre-school and school age child care programs. Child placement programs, summer camps and residential child care facilities are also included. All child care providers and its employees go through a criminal background check that also checks their records against the judicial department’s ICON database for any court dispositions. The Criminal Background Check (CBC) Unit is a special division that works closely with the Division of Child Care and intensively performs fingerprint based criminal background checks to all employees of a licensed child care facility.
The division’s records on granted licenses to each child care facility can be accessed by the public to make sure that the parents will stay involved and updated on the decision making process for license granting. Over 1,900 licensing records are reviewed every year, consumers are authorized to report child care facilities that operate illegally and it’s the divisions responsibility to make sure that this is strictly implemented. Applicants for a director or a substitute director post for a child care center should pass the State Board of Human Services specific educational and experience requirements. Applicants are required to complete and submit an application data form and along with it, required documents like official transcript of records as requested by the Division of Child Care. Candidates with a degree in Child / Individual / Family / Human Development will not qualify right away because verification of the 30 semester hours of coursework and the documentation of the required number of hours of experience will still be done.
Colorado State’s Division of Child Care currently grants licenses to almost 9,000 different facilities, here are some examples:
- Family Child Care Homes
- Child Care Centers
- Residential Child Care Facilities
- Homeless Youth Shelters
- Specialized Group Facilities
- Secure Residential Treatment Centers
- Day Treatment Centers
- Child Placement Agencies
A license to operate is strictly required by the state if a family child care home will provide care to two or more unrelated children while a child care center needs a license if they will provide care to five or more children.
A Child Placement Agency is an organization under the local and national government who is responsible for the arrangement of children under 16 years of age to be placed in private family homes for adoption or foster care.
Children between 3 and 18 years of age are being placed in the care of a Residential Child Care Facility; they provide treatment and residential group care for five or more children. Other types of residential child care facilities are psychiatric residential treatment facilities, shelters and camps. Children prior to their eighteenth birthday to the age of 21 could also be placed in this facility through a court order.
License Application
Licensing policies, procedures and fees vary for each type of child care facility. A license applicant is expected to submit the application package and pay the corresponding fees to the Division of Child Care sixty days before the estimated opening date of the facility. Once the application is acknowledged, a scheduled inspection of the facility will be done by a licensing specialist prior to granting the license or not.
- Records of the Central Registry of Child Protection are reviewed to counter-check if any licensee, staff, applicant, owner or a resident in a licensed facility was involved or reported for child abuse.
- This review should be requested within ten working days starting on the date of hire of the employee. If an employee’s records were reviewed and that employee decided to change employers but in a similar facility, reviewing his records again under the new facility won’t be necessary.
If the Central Registry confirms any involvement or reports of abuse or neglect, details will be forwarded to the facility director.
The Colorado Bureau of Investigation will require fingerprint specimens from residents and owners of licensed facilities including all its employees. Applicants for a license go through the same procedure and everyone goes through the Criminal Background Check as required by the bureau.
- All licensed facilities with the exception of family child care homes are responsible for acquiring an inspection approval from the state’s Department of Health and Environment and the local fire department. These inspection reports should be kept available for review if requested by a licensing specialist.
- Every licensed facility is expected to operate in accordance to the local planning and zoning policies of the city, county or community where the facility is based.
Legal Exemption from a Child Care License
Child Care Licenses Are Not Required For The Following:
- Religious institutions that are providing child care needs a license. The license is not required though if 75% of the children’s activities are spent on religious instructions such as worship, religious celebrations through music and songs, religious learning and cultural activities. The state of Colorado’s regulations does not exempt these institutions by basing it just on traditional, religious values and philosophy. As mentioned, a license is required if the religious institution is operating child care programs.
- A class or a school that is dedicated to building a single skill.
- Child care programs that are initiated by a church or any private institution such as shopping centers or a private company do not need a license to conduct their child care programs. They can operate no longer than three hours in a twenty four hour time-frame. These programs should be conducted on the premises of the initiating group, if the church holds a child care program, the children of the church activity participants are the only ones who can be cared for. If the child care program is held by a shopping center for example, it should be done only in the shopping center premises and the children of the parents or guardians who attend the program are the ones who could be cared for in the premises. Same procedure applies for a private business or company.
- Irregular care for children does not require a license since it’s only done whenever possible and it’s unscheduled, same rule applies even if compensation is involved.
- Child care that is given to one or more children who are related or siblings that comes from a single household. If care is given for a duration of less than twenty four hours, a license to provide care is not necessary.
- Facilities that are operating under any state department or agency or any federal government department or agency are considered certified or approved to provide child care.
- Nursing homes that provide medical care to children.
- Public Services Short – Term Child Care Facilities and Guest Child Care Facilities as defined in Sections 26-6-102(5) and 26-6-103.5, C.R.S.
Legal Exemption from a Child Care License (Requirements)
CHILD CARE LICENSING ACT (C.R.S. 26-6-103)
A written request should be submitted to this address
The Colorado State Department of Human Services
Division of Child Care
1575 Sherman Street, 1st Floor
Denver, CO 80203-1714
The Request Should Have the Basic Information Such As:
- Facility’s name and address
- The number of children in your care and their ages
- Hours and days of operations
- A basic description of your child care program
- The daily activity schedule of the program (please include times of different activities)
- Philosophy / Mission statement of your program
- Sample of your curriculum
- Qualifications of your staff
- A copy of the material used to promote / advertise your program
The State Department’s decision on an exemption is considered final and cannot be requested to be reviewed by an Administrative Law Judge. The agency’s final decision on the request to exemption will be effective three days from the date on the written notice, whether it’s approved or denied. The decision will not be affected even if the third day fell on a weekend or a holiday. The right to apply for judicial review can be exercised by filing an action in the District Court, in accordance with the provisions of Colorado Revised Statutes 24-4-106(4). All actions must be filed within thirty days after the effectivity of the decision in line with the Rules of Civil Procedure for courts of record in Colorado.
Original Application
- You should submit the complete application and pay the corresponding fees at least sixty days prior to your facility’s opening date.
- The Department will only start the evaluation for the license once the complete application and the fees are received.
Central Registry of Child Protection
A. Records of the Central Registry of Child Protection are reviewed to counter-check if any licensee, staff, applicant, owner or a resident in a licensed facility was involved or reported for child abuse.
B. This review should be requested within ten working days starting on the date of hire of the employee. If an employee’s records were reviewed and that employee decided to change employers but in a similar facility, reviewing his records again under the new facility won’t be necessary.
- A fee for the request should be paid either by check or money order, and then the completed form authorized by the Department should be submitted along with the payment.
- Once the request has been processed by the Central Registry, the Department will send a hard copy of the results to the facility operator or director.
- If an incident or abuse or neglect was confirmed by the Central Registry, the details will be reported to the facility operator or director.
C. The director or operator of the facility may inform the applicant or the employee that their decision involving their employment was based on reports gathered from the Central Registry. All information gathered from the said report should be kept confidential in accordance to 19-3-313(10), C.R.S.
Criminal Record Check
A. All applicants for a certificate or license and any adult who is considered a resident of a certified or licensed facility are required to submit a complete set of fingerprint specimens taken by a certified law enforcement agency to the Colorado Bureau of Investigation for criminal record crosschecking purposes. Any fee that may apply is shouldered by the facility or individual.
B. Exemptions will apply to employees of resident camp programs and school-age facilities who do not operate for more than ninety days within a calendar year, this exemption applies to employees with tenure of less than ninety days and who are under 23 years of age. They are the only ones who are exempted for fingerprint specimens for criminal background check. However, this exemption does not apply to a nurse or a medical professional who’s hired for the program or anyone hired after the initial employment year. Each exempted individual must sign a statement that states that they were not convicted of child abuse, unlawful sex offense and felony charges which grants permission to their employer to request for their criminal records. No one is exempted from the Central Registry search as needed under 7.701.32, also stated above.
C. If a licensed facility already sent their annual declaration of compliance to the Department, all adults who are considered residents of that facility are required to go through a criminal record check if they never had one previously. Applicants and license holders are not required to go through additional criminal background checks.
D. All hired individuals of the facility should furnish a complete set of fingerprint specimens to the Colorado Bureau of Investigation for them to compare it with their database. The fee that may apply will be paid for by the facility or the individual. The results of the record check should be kept in the facility and should be made available whenever requested by a licensing specialist.
1. Any volunteer or employee who decides to change employers in the same area of child care, is not required to go through a new criminal record check if the following requirements will be met:
A. Upon request of the new employer, the previous employer should produce and send hardcopies of all the employee’s criminal records.
B. The previous employer should keep the written request of the new employer on file along with the employee’s records.
2. Licensed facilities are required to send a copy of a former employee’s criminal check records to the new employer once a written request is received.
3. If the facility hired any volunteers to meet their staff-child ratio or any staff requirement who works for more than fourteen days in a calendar year, that worker is required to submit a complete fingerprint specimen set taken by a certified law enforcement agency to process a criminal record check. The results should be kept at the facility and should be made available if requested by a licensing specialist.
4. Criminal record check requests for new hires should be submitted to the Colorado Bureau of Investigation within five days from the employee’s date of hire.
5. In any case that a facility was able to hire someone who was charged with child abuse or unlawful sexual behavior involving a child, the facility should report this information to the Department within fifteen days from the day they have confirmed these charges.
E. Anyone who’s been a resident of Colorado for less than twenty four months can request for a criminal record check through CBI but it’s a requirement to have it done through the FBI. Fees for this request will be shouldered by the requesting facility or individual.
Fire, Health Inspections and Zoning Codes
A. With the exemption of family child care homes, all other facilities should go through an inspection at least every two years as required by the local or state department of health and environment, and the local fire department. This is separate from the pre-license inspection and the reports from these inspections should be kept at the facility and should be made available to a licensing specialist if requested.
B. Every licensed facility is expected to operate in accordance to the local planning and zoning policies of the city, county or community where the facility is based.
Changes Requiring a New Application
A. A license is automatically surrendered and a new application should be processed given the following circumstances:
1. Change of licensee, owner, or governing body.
2. Changes in facility classification or services being offered.
3. Change of facility location.
Permanent License
A. The Department has the power to grant a permanent license to a facility or agency that is compliant to the Child Care Act and has met all its requirements and abides by its policies. If the Department is satisfied, a facility’s license will be valid unless revoked or surrendered.
B. If a permanent license is issued, the license holder is required to submit a declaration of compliance in accordance to licensing rules. This is submitted to the Department along with a prescribed form showing notification of continuous operation and payment for the annual fee as stated on 7.701.4.
C. If the license holder fails to submit the said declaration and the fee payment, the Department will consider this as failure to meet its standards which will result to license revocation.
D. A completed self-evaluation form should also be submitted along with the annual declaration of compliance, these are Department authorized forms that should be kept at the facility and should be made available to a licensing specialist if needed.
Provisional License
A. The provisional license may only be issued within the initial six month licensing period.
B. While the facility is in the process of complying with the license requirements, the provisional license grants them temporary rights to operate.
C. If a facility is in the process of acquiring a permanent license while they are in possession of a provisional license, the provisional license remains valid until the Department confirms the result of the application.
Probationary License
A. A probationary license could be granted to a licensed facility as provided in 26-6-108(2), C.R.S.
B. If a facility is in the process of acquiring a permanent license while they are in possession of a probationary license, the probationary license remains valid until the Department confirms the result of the application.
Multiple Licenses
A. If a facility decides to expand its child care responsibility in multiple child care classifications, application processes and fees may vary for each classification.
B. If a facility decides to expand its child care responsibility in the same child care classification in different locations, separate application processes and fees will apply for each location.
Reporting of Child Abuse
A. All employees of a facility should be required to sign an agreement statement between the facility and themselves clearly stating that it is everybody’s responsibility to report child abuse and neglect of any kind in accordance to state law.
B. Any employee of a child care facility who believes that a child is possibly a victim of abuse or neglect or who is suspecting that a child is being forced to be in a situation which will eventually result in abuse or neglect, should immediately report it to the local authorities and social services.
C. If by any chance that a case of abuse or neglect happened in the child care facility itself, this should immediately be reported to the local social services, police department or any law enforcement agency where the facility’s located.
D. If the possible child abuse or neglect case happened outside the child care facility, it should immediately be reported to the county social services, the police or any law enforcement agency where the child lives or where the incident happened.
E. If admission is necessary; the child care facility is required to inform that child’s parents or guardians about the importance of reporting the possibility of child abuse or neglect.
Investigation of Child Abuse
A. Anyone from the county’s social services or law enforcement agency who’s in charge of investigating a possible case of child abuse or neglect should be given rights to conduct interviews to all employees and children to get vital information such as names, phone numbers and addresses of all the parents of the children who are in the same child care facility.
B. A suspect of a child abuse or neglect allegation will be on temporary suspension or will be on reassigned duties to avoid the risk of causing harm to the child or children. If there’s enough evidence to prove that the suspect’s presence may put the children’s health or life at risk, the suspect will remain on that status until the end of investigation.
Reporting of Licensing Complaints
Licensing violations can be reported by parents of children who are admitted to a child care facility and employees of a child care facility. It’s the facility’s responsibility to educate both parties through a written document explaining how to file a complaint. Information like contact person, the mailing address and the phone number for the Department should be stated on the document.
Posting the License
A. The original application should be sent to the Department along with the fee payment sixty days prior to the estimated facility opening date.
B. The evaluation for the license will only begin once the Department receives the application and fee payment.
First Aid and CPR Training Requirements
Prior to hiring an employee to provide child care, that individual should meet the First Aid for Infants and Adults Training requirement and these are among the First Aid topics that should be covered:
Accident Management and Prevention / Drowning / Poisoning
Allergic Reactions for the Ears, Eyes, Mouth / Nose Injuries
Respiratory Problems
Burns
Choking
Head Trauma
Stings and Bites
Neck and Spine Injuries
Temperature Extremes
CPR Training For Infants, Children And Adults Must Meet The Following:
v The candidate’s training should meet the most recent Cardiopulmonary Resuscitation (CPR) and Emergency Cardiovascular Care (ECC) Guidelines. These guidelines are updated every 5 years and most recently in 2005.
v The candidate’s skills demonstration should be performed with a life-size/age-appropriate mannequin using a recommended ratio of 1:3 or less.
v The Universal Precautions Training is an advantage but not a requirement. This can be provided by your facility trainers and they can acquire a copy of the instructional manual, Universal Precautions for Child Care Providers, from the Colorado Department of Public Health and Environment (CDPHE).
Contact Information
Debbie Ledsome
Colorado Department of Human Services
Division of Child Care
1575 Sherman Street, 1st Floor
Denver, CO 80203
Contact Information
Child Care Licensing Agency
Colorado Department of Human Services
Division of Child Care
1575 Sherman Street, First Floor
Denver, CO 80203-1714
Phone: (303) 866-5958
Toll Free: (800) 799-5876
Fax: (303) 866-4453
Child Care Subsidy Agency
Colorado Department of Human Services
Office of Children, Youth and Families
1575 Sherman Street, 1st Floor
Denver, CO 80203-1714
Phone: (303) 866-4426
Toll Free: (800) 799-5876
Fax: (303) 866-4214
Head Start – State Collaboration Office
Office of the Lieutenant Governor
130 State Capitol
Denver, CO, 80203
Phone: (303) 866-6361
Fax: (303) 866-5469
Child Care Food Program Agency
Child Nutrition/Transportation Unit
Colorado Department of Education
201 East Colfax Avenue, Room 209
Denver, Colorado 80203-1799
Phone: (303) 866-6661
Fax: (303) 866-6663 Child Care Resource & Referral Contact
Qualistar Early Learning
3607 Martin Luther King Boulevard
Denver, CO 80205
Phone: (303) 339-6800
Toll Free: (877) 338-CARE (877-338-2273)
Fax: (303) 339-6833 Office of Child Support Enforcement
Division of Child Support Enforcement
Department of Human Services
1575 Sherman St. 5th floor
Denver, Colorado 80203-1714
Phone: (303) 866-4300
Fax: (303) 866-4360
Child Abuse Reporting
To report suspected child abuse in Colorado, call Local (toll): (303) 866-5932.
For national child abuse information, call Childhelp?, 800-4-A-CHILD (800-422-4453), or your local CPS agency.
Starting a Daycare in Colorado
Department of Human Services
Division of Child Care
1575 Sherman Street, First Floor
Denver, CO 80203-1714
Phone: 303-866-5958 or 800-799-5876
Fax: 303-866-4453
Web site: http://www.state.co.us/oed/industry-license/IndDetail.cfm?id=27
Requirements: http://www.denvergov.org/Business_Licensing/template14846.asp
