Colorado § 26-6-705 - Approval of temporary caregiver - background check - training.

§ 26-6-705. Approval of temporary caregiver - background check - training.

(1) A child placement agency operating a temporary care assistance program may approve as a temporary caregiver any person who meets the standards prescribed by the temporary care assistance program and who complies with the requirements established pursuant to this section.

(2) (a) A child placement agency operating a temporary care assistance program shall require an applicant to become an approved temporary caregiver and any other person who resides in the applicant's home and is eighteen years of age or older to submit to the following background checks:

(I) A fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation in the same manner as described in section 26-6-912 (1)(a)(I)(B). The Colorado bureau of investigation shall send records obtained as a result of a fingerprint-based criminal history record check only to the state department, and the use and handling of the information must comply with the federal criminal justice information services security policy. Information regarding the result of the fingerprint-based criminal history record check received from the federal bureau of investigation and released to a facility or agency must disclose only whether the applicant is eligible or ineligible or that the investigation is inconclusive, with a further request for the applicant to contact the state department to provide further information to determine final eligibility status.

(II) A child abuse and neglect background check pursuant to section 19-1-307; and

(III) A check against the state's sex offender registry and against the national sex offender public website operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if a person is a registered sex offender.

(b) A child placement agency operating a temporary care assistance program is responsible for the costs arising from any background check performed pursuant to this section. The child placement agency may collect the costs from any person subject to a background check.

(c) The child placement agency operating a temporary care assistance program shall maintain records of a background check performed pursuant to this section, including the full transcripts of the background check, for a period of not less than five years. The child placement agency shall make the records available to a parent or guardian executing a power of attorney, and any local, state, or federal authority conducting an investigation involving the approved temporary caregiver, the parent or guardian, or the minor.

(d) A child placement agency operating a temporary care assistance program shall not approve an applicant as an approved temporary caregiver if a background check conducted pursuant to this section discloses a substantiated allegation of child abuse, neglect, or exploitation, or any crime that would disqualify the applicant or any other person who resides in the applicant's home and is eighteen years of age or older from becoming certified or licensed to operate a foster care home in the state.

(3) A child placement agency operating a temporary care assistance program shall train an approved temporary caregiver in the rights, duties, and limitations associated with providing care for a minor pursuant to this part 7.

Source: L. 2019: Entire part added, (HB 19-1142), ch. 265, p. 2507, § 1, effective August 2. L. 2022: (2)(a)(I) amended, (HB 22-1295), ch. 123, p. 859, § 103, effective July 1. L. 2025: (2)(a)(I) amended, (SB 25-146), ch. 342, p. 1853, § 5, effective June 2.