Colorado § 26.5-5-320 - Injunctive proceedings.

§ 26.5-5-320. Injunctive proceedings.

The department, in the name of the people of the state of Colorado, through the attorney general of the state, must apply for an injunction in any court of competent jurisdiction to enjoin any person from operating any facility without a license that is required to be licensed under this part 3. If the person does not have a valid license pursuant to this part 3, the person's license has been revoked pursuant to section 26.5-5-317, or the person does not meet the licensing exemption criteria set forth in section 26.5-5-304, yet provides child care, and has a pattern of providing such child care without a valid license as required by this part 3, and despite having received notification from the department that the person or facility is in violation of the law, then the person is providing unlicensed and illegal child care. At the time the department applies for an injunction, the department shall notify law enforcement of the injunction proceedings. If it is established that the defendant has been or is so operating the facility without a valid license, the court shall enter a decree enjoining the defendant from further operating the facility unless and until the person obtains a license to operate the facility. In case of violation of any injunction issued pursuant to this section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceedings are in addition to and not in lieu of the penalty provided in section 26.5-5-321.

Source: L. 2022: Entire article added with relocations, (HB 22-1295), ch. 123, p. 766, § 3, effective July 1.

Editor's note: This section is similar to former § 26-6-111 as it existed prior to 2022.

ANNOTATION

Annotator's note. Since § 26.5-5-320 is similar to § 26-6-111 as it existed prior to the 2022 amendment to article 5 of title 26.5, which resulted in the relocation of provisions, a relevant case decided under that section has been included in the annotations to this section.

Compliance compelled by injunction or criminal action. Compliance with the licensing requirements may be compelled by either the civil remedy of injunction or a criminal action, or by both. Cavanaugh v. State Dept. of Soc. Servs., 644 P.2d 1 (Colo. 1982).

Injunction is separate remedy from criminal sanction of § 26-6-112. A separate civil remedy of injunction is provided by this section, independent of the criminal sanction provided by § 26-6-112. Cavanaugh v. State Dept. of Soc. Servs., 644 P.2d 1 (Colo. 1982).