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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

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

Proposed rule

Notice Filed with SOS 05/29/2020
Rule ProposedRuleAttach2020-00389.doc
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
Regulatory analysis RegulatoryAnalysisAttachment2020-00389.doc
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
Is this rule adopted in response to recent legislation? No
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

Adopted rule

Adopted Rules AdoptedRules02020-00389.doc
Redline Redline2020-00389.doc
Adopted Date 08/07/2020
AGO requested date 08/10/2020
Attorney General Opinion 08/24/2020
Colorado Register publication date 09/10/2020
Effective Date 09/30/2020
Inserted into CCR 09/21/2020
  
  
  
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