C.R.S. Section 26.5-5-304
Application of part

  • definition
  • repeal

(1)

This part 3 does not apply to:

(a)

Special schools or classes operated primarily for religious instruction or for a single skill-building purpose, as defined in department rule;

(b)

A child care facility that is approved, certified, or licensed by any other state agency, or by a federal government department or agency, that has standards for operation of the facility and inspects or monitors the facility;

(c)

Facilities operated in connection with a church, shopping center, or business where children 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;

(d)

Occasional care of children that has no apparent pattern and occurs with or without compensation;

(e)

The care of a child by a person in the person’s private residence when the parent, guardian, or other person having legal custody of such child gives consent to such care and when the person giving such care is not regularly engaged in the business of giving such care; or

(f)

Intentionally left blank —Ed.

(I)

An individual who provides less than twenty-four-hour child care in the individual’s permanent place of residence when one of the following conditions is met:

(A)

The children being cared for are related to the caregiver, are children who are related to each other as siblings from a single family that is unrelated to the caregiver, or a combination of such children; or

(B)

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.

(II)

An individual providing child care in a place of residence authorized pursuant to subsection (1)(f)(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.

(III)

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)(f)(I)(B) of this section.

(IV)

This subsection (1)(f) is repealed, effective September 1, 2026.

(2)

As used in this section, “short periods of time” means fewer than three hours in any twenty-four-hour period.

(3)

A licensee or governing body that has had its license suspended pursuant to section 24-4-104 or has received a final agency action resulting in the revocation of a license issued pursuant to this part 3 is prohibited from operating pursuant to subsection (1) of this section, except when the children being cared for are related to the caregiver.

(4)

The department shall provide education and information in an accessible manner on the state licensing website for child care providers who are exempt pursuant to this section but are interested in becoming a licensed child care provider.

(5)

On or before December 31, 2021, and ongoing thereafter, the department shall report on the portion of its state child care provider website that is accessible to families, and in an accessible and prominent manner, the name and location of any child care provider who is operating outside the exemptions described in this section and to whom one or more cease-and-desist orders have been issued. If more than one cease-and-desist order has been issued to the same provider, the website must include the total number of such orders. This requirement for website posting for child care providers who are operating outside the exemptions described in this section must be made public by electronic means, in a consumer-friendly and easily accessible format, organized by provider, and include the date or dates of the cease-and-desist order or orders.

Source: Section 26.5-5-304 — Application of part - definition - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-26.­5.­pdf (accessed Oct. 20, 2023).

26.5‑5‑101
Colorado shines quality rating and improvement system - created
26.5‑5‑102
School-readiness quality improvement program - created - rules
26.5‑5‑103
Quality evaluation and improvement of early childhood care and education programs - use of Colorado works money
26.5‑5‑201
Short title
26.5‑5‑202
Definitions
26.5‑5‑203
Colorado infant and toddler quality and availability grant program - creation
26.5‑5‑204
Eligibility for grants - applications - deadlines
26.5‑5‑205
Reporting requirements
26.5‑5‑301
Short title
26.5‑5‑302
Legislative declaration concerning the protections afforded by regulation
26.5‑5‑303
Definitions
26.5‑5‑304
Application of part - definition - repeal
26.5‑5‑305
Public preschool provider - licensing - rules
26.5‑5‑306
Substitute child care providers - substitute placement agency - licensing - rules
26.5‑5‑307
Application of part - guest child care facilities - public services short-term child care facilities - definition
26.5‑5‑308
Application of part - neighborhood youth organizations - rules - licensing - duties and responsibilities - definitions
26.5‑5‑309
Licenses - rules - definition
26.5‑5‑310
Compliance with local government zoning regulations - notice to local governments - provisional licensure - rules
26.5‑5‑311
Fees - when original applications, reapplications, and renewals for licensure are required - creation of child care licensing cash fund - rules
26.5‑5‑312
Application forms - criminal sanctions for perjury
26.5‑5‑313
Applications - materials waivers - appeals - rules
26.5‑5‑314
Standards for facilities and agencies - rules - definition
26.5‑5‑315
Staffing during emergency circumstances - definitions
26.5‑5‑316
Investigations and inspections - local authority - reports - rules
26.5‑5‑317
Denial of license - suspension - revocation - probation - refusal to renew license - fines
26.5‑5‑318
Notice of negative licensing action - filing of complaints
26.5‑5‑319
Institutes
26.5‑5‑320
Injunctive proceedings
26.5‑5‑321
Penalty - short title
26.5‑5‑322
Periodic review of licensing rules and procedures - legislative declaration
26.5‑5‑323
Civil penalties - fines - child care cash fund - created
26.5‑5‑324
Child care resource and referral system - created
26.5‑5‑325
Family child care homes - administration of routine medications - parental direction - rules
26.5‑5‑326
Exempt family child care home providers - fingerprint-based criminal history record check - child care assistance program money - temporary care - rules - definitions
26.5‑5‑327
Unique student identifying numbers - rules
26.5‑5‑328
Applications for licenses
26.5‑5‑329
Testing for the presence of lead in drinking water in child care centers and family child care homes - compliance with public health requirements - repeal
Green check means up to date. Up to date

Current through Fall 2024

§ 26.5-5-304’s source at colorado​.gov