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Code of Colorado Regulations eDocket
Details of Tracking Number
2020-00389
CCR details
| Tracking Number |
2020-00389 |
| Type of Filing |
Permanent Rule |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
2509 Social Services Rules (Volume 7; Child Welfare, Child Care Facilities) |
| CCR Number |
12 CCR 2509-8 |
| CCR Title |
CHILD CARE FACILITY LICENSING |
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Proposed rule
| Notice Filed with SOS |
05/29/2020 |
| Rule |
ProposedRuleAttach2020-00389.doc
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| Statutory Authority |
26-1-107, C.R.S. (2019); 26-1-109, C.R.S. (2019); 26-1-111, C.R.S. (2019); 26-6-106(1)(a), C.R.S. (2019); 26-6-113, C.R.S. (2019) |
| Description of Subjects/Issues |
The Child Care and Development Block Grant (CCDBG) Act statutorily requires that States which receive funds implement the requirements of the CCDBG Act Sec. 658H Criminal Background Checks. The Department is statutorily mandated to have in effect requirements, policies, and procedures to require and conduct criminal background checks for child care staff members, as well as, licensing, regulation, and registration requirements that prohibit the employment of child care staff members with disqualifying crimes. This package adds requirements of national sex offender registry (NSOR) and inter-state checks as required by the CCDBG Act that must be effective by September 30, 2020.
NOTE: Due to the ongoing COVID-19 situation, this meeting may take place
entirely online. Please check here for any updates on location:
https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services |
| Purpose/Objective of Rule |
This rule packet includes proposed changes to child care facility rules relating to background checks and sex offender registry checks. The Department is statutorily mandated to have requirements, policies, and procedures in place to require and conduct criminal background checks for child care staff members. These requirements, policies, and procedures also prohibit the employment of child care staff members with disqualifying crimes. These rules would require the search of state criminal registries in the state that the child care staff member resides in as well as each state the staff member has resided during the last five years and a search of the National Sex Offender Registry. The modification is necessary in order to be compliant with the Child Care and Developmental Block Grant (CCDBG) Act of 2014. The CCDBG Act statutorily requires that States which receive funds under this program implement the requirements of the CCDBG Act Sec. 658H (42 U.S.C. § 9858f) Criminal Background Checks by September 30, 2020. |
| Basis And Purpose |
BasisAndPurposeAttachment2020-00389.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2020-00389.doc
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| Comments |
CDHS holds two public hearings, an initial and final, for each proposed rule packet. The initial hearing allows the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Please visit CDHS State Board website for meeting information.
NOTE: Due to the ongoing COVID-19 situation, this meeting may take place
entirely online. Please check here for any updates on location:
https://www.colorado.gov/pacific/cdhs-boards-committees-collaboration/state-board-human-services |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
07/10/2020 |
| Hearing Time |
08:30 AM |
| Hearing Location |
1575 Sherman Street, Denver, CO 80203 - NOTE: Location Pending State's response to COVID-19. May be held entirely online. |
| Contact Name |
Carin Rosa |
| Contact Title |
Licensing Director |
| Contact Telephone |
303-866-6246 |
| Contact email |
carin.rosa@state.co.us |
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Adopted rule
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