Colorado § 26.5-5-311 - Fees - when original applications, reapplications, and renewals for licensure are required - creation of child care licensing cash fund - rules.

§ 26.5-5-311. Fees - when original applications, reapplications, and renewals for licensure are required - creation of child care licensing cash fund - rules.

(1) (a) The department is authorized to establish, pursuant to rules promulgated by the executive director, permanent, time-limited, and provisional license fees and fees for continuation of a license for the following types of child care arrangements:

(I) Family child care homes, including any special type of family child care home designated by department rules pursuant to section 26.5-5-314 (2)(n);

(II) Child care centers;

(III) Children's resident camps; and

(IV) Substitute placement agencies.

(b) The department may also establish fees pursuant to rules promulgated by the executive director for the following situations:

(I) Issuance of a duplicate license;

(II) Change of license due to an increase in licensing capacity or a change in the age of children served;

(III) Obtaining the criminal record of an applicant and any person living with or employed by the applicant, which may include costs associated with the taking of fingerprints;

(IV) Checking the records and reports of child abuse or neglect maintained by the state department of human services for an owner, employee, or resident of a facility or agency or an applicant for a license to operate a facility or agency;

(V) Filing of appeals;

(VI) Duplication of licensing records for the public;

(VII) Duplication of licensing records in electronic format for the public; and

(VIII) Insufficient funds payment and collection of overdue fees and fines.

(c) The fees established pursuant to this subsection (1) must not exceed the direct and indirect costs incurred by the department. The department shall develop and implement an objective and systematic approach for setting, monitoring, and revising child care licensing fees by developing and using an ongoing method to track all direct and indirect costs associated with child care inspection licensing, developing a methodology to assess the relationship between licensing costs and fees, and annually reassessing costs and fees and reporting the results to the executive director. In developing a fee schedule, the department should consider the licensed capacity of facilities and the time needed to license facilities.

(2) (a) The fees specified in subsection (1) of this section must be paid when an application is submitted for a license or renewal of a license and are not subject to refund. Applications for licenses are required in the situations that are set forth in subsection (2)(b) of this section and must be made on forms prescribed by the department. Each completed application must set forth such information as required by the department. All licenses continue in force until revoked, surrendered, or expired.

(b) (I) An original application and fee are required:

(A) When an individual, partnership, corporation, or association plans to open a child care center or children's resident camp;

(B) When the child care center or children's resident camp plans to move the center or facility to a different building at a different location;

(C) When the management or governing body of a child care center or children's resident camp is acquired by a different individual, association, partnership, or corporation;

(D) When a change occurs in the operating entity of a child care center or children's resident camp resulting in a new federal employee identification number; except that, if the reason for the issuance of a new federal employee identification number is solely due to a change in the corporate structure of the operating entity and either the management or governing body of the entity remains the same as originally licensed and the entity is operating in the same facility or facilities as originally licensed, the department shall treat the entity's status as a renewal and assess the applicable renewal fee. Only newly hired employees are required to undergo criminal background checks as required in section 26.5-5-316.

(E) When a family or person plans to open a family child care home, including any special type of family child care home designated by department rules pursuant to section 26.5-5-314 (2)(n);

(F) When a family or person who operates a family child care home, including any special type of family child care home designated by department rules pursuant to section 26.5-5-314 (2)(n), moves to a new residence.

(II) The department may require and receive a reapplication and fee in the manner specified in department rules.

(3) This section does not prevent a city or city and county from imposing fees in addition to those fees specified under this section.

(4) The department shall transmit all fees collected pursuant to this section to the state treasurer, who shall credit the fees to the child care licensing cash fund, which is hereby created. The general assembly shall make annual appropriations from the child care licensing cash fund for expenditures incurred by the department in the performance of its duties under this part 3. The treasurer shall credit to the fund all interest derived from the deposit and investment of money in the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 744, § 3, effective July 1. L. 2023: (1)(a)(I) and (2)(a) amended, (HB 23-1235), ch. 434, p. 2549, § 15, effective June 7.

Editor's note: This section is similar to former § 26-6-105 as it existed prior to 2022.