Tracking #2010-00764
FA/P 10/1/10, eff. 12/1/10

(Former Tracking# 2010-00823; 
em. adoption 9/10/10, eff. 9/10/10)

I:/10070101. rtf
[I:/10070101.doc]

(12 CCR 2509-1)

[Instructions:  insert before line 1585539.] 
Revisions to Section 7.701.33 were final (permanent) adoption following publication at the 10/1/2010 State Board meeting (Rule-making# 10-7-1-1), with an effective date of 12/1/2010. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. 

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(12 CCR 2509-8)

Instructions:  replace lines 2075659 through 2075666. 
7.701.33  Criminal Record Check [Rev. eff. 12/1/10]
A.  Requirements for criminal records checks are: 
1.  Each applicant listed below shall submit to the Colorado Bureau of Investigation (CBI) a complete set of fingerprints taken by a qualified law enforcement agency to obtain any criminal record held by the CBI if they have lived in Colorado more than two (2) years and any criminal record held by the Federal Bureau of Investigation (FBI) if they have lived in Colorado for less than two (2) years. Payment of the fee for the criminal record check is the responsibility of the individual being checked or the home, center, facility, or agency. 
a.  Each applicant for an original license for a center, facility, or agency and any adult eighteen (18) years of age or older who resides in the licensed center, facility or agency; 
b.  Each 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 collectively in this section as a “qualified provider”), if the child’s care is funded in whole or in part with money received on the child’s behalf from the publicly funded Colorado Child Care Assistance Program; and, any adult eighteen (18) years of age or older who resides with a qualified provider where the care is provided. 
2.  Each applicant listed below shall submit to the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI) a complete set of fingerprints taken by a qualified law enforcement agency to obtain any criminal record held by the CBI or FBI. Payment of the fee for the criminal record check is the responsibility of the individual being checked. 
a.  Applicants for an original certificate for a foster care home, and any adult eighteen (18) years of age or older who resides in the certified foster care home. If the certified foster home has not competed a check with the FBI at the time of renewal, each applicant for a foster care home, and any adult eighteen (18) years of age or older who resides in the certified home must submit a complete set of fingerprints for an FBI criminal record check; 
b.  Specialized group home parents and any person working in a twenty-four (24) hour child care facility shall submit to the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI) a complete set of fingerprints taken by a qualified law enforcement agency to obtain any criminal record held by the CBI or FBI. On or before January 1, 2011 and thereafter, programs shall document in employee files that submission for such request has been completed. 

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