Disclaimer: On-line versions of these regulations are the most
current versions available; however, these are not official publication. For official
publication of these and all State of Colorado regulations, please consult the Code of
Colorado Regulations (12 CCR 2509-8) or contact
Lexis-Nexis at 1-800-227-9597 or
the Secretary of State, Information Center at 303-894-2200, x6418.
Volume of Child Care Facility Licensing (12 CCR 2509-8)
7.700 CHILD CARE FACILITY LICENSING
7.701 GENERAL RULES FOR CHILD CARE FACILITIES
7.701.1 INTRODUCTION [Rev. eff. 8/7/06]
All rules in Section 7.701 et seq., shall be known and hereinafter referred to as the General Rules for Child Care Facilities and will apply to all child care applicants and licensees subject to the Child Care Licensing Act, Sections 26-6-101 to 26-6-119, C.R.S.
7.701.11 Licensing Exemptions [Rev. eff. 8/7/06]
A. A license must be obtained before care begins unless such care is exempt as set forth below. B. A license is not required for: 1. A special school or class in which more than 75 percent of the time that children are present is spent in religious instruction. Religious instruction is defined to include such developmentally appropriate children's activities as worship, singing religious songs, listening to religious stories, learning and practicing religious cultural activities, and participating in religious celebrations. 2. A special school or class operated for a single skill-building purpose. 3. A child care center operated in connection with a church, shopping center, or business where children are cared for during short periods of time, not to exceed three hours in any twenty-four hour period of time, while parents or persons in charge of such children, or employees of the church, shopping center, or business whose children are being cared for at such location are attending church services, shopping, patronizing or working on the premises of the business. This facility must be operated on the premises of the church, business, or shopping center. Only children of parents or guardians who are attending a church activity or patronizing the business or shopping center or working at the church, shopping center or business can be cared for in the center. 4. Occasional care of children with or without compensation, which means the offering of child care infrequently and irregularly that has no apparent pattern. 5. A family care home in which less than 24-hour care is given for only one child or two or more children who are siblings from the same family household at any one time. 6. A child care facility that is approved, certified, or licensed by any other state department or agency, or by a federal government department or agency, which has standards for operation of the facility and inspects or monitors the facility. 7. The medical care of children in nursing homes. 8. Ski area guest child care facilities as defined at Sections 26-6-102(5) and 26-6-103.5, C.R.S. C. Any child care providers wishing to be declared exempt from the Child Care Licensing Act based on the nature of their program must submit a request for exemption to the State Department. That request must include the name and address of the facility, the number of children in care and their approximate ages, the hours of operation, and a basic description of the program and its curriculum. D. Decisions of the Department regarding exemptions are the final agency decision of the State Department and cannot be reviewed by an Administrative Law Judge.
7.701.12 Civil Penalties and Injunctions [rev. eff. 6/1/00]
A. Violation of any provision of the Child Care Licensing Act or intentional false statements or reports made to the Department or to any agency lawfully delegated by the Department to make an investigation or inspection may result in fines assessed to a maximum of $10,000. 1. A civil penalty will be assessed by the Department only in conformity with the provisions and procedures specified in Article 4 of Title 24, C.R.S. No civil penalty will be assessed without a hearing conducted pursuant to the Child Care Licensing Act and Article 4 of Title 24, C.R.S., before an Administrative Law Judge acting on behalf of the Department. 2. Prior to receipt of a cease and desist order from the Department or from any agency delegated by the Department to make an investigation or inspection under the provision of the Child Care Licensing Act, any unlicensed child care facility may be fined up to $100 a day to a maximum of $1,000 for providing care for which a license is required. 3. For providing child care for which a license is required after receipt of a cease and desist order, an unlicensed facility will be fined $100 a day to a maximum of $10,000. 4. Assessment of any civil penalty under this section will not preclude the Department from initiating injunctive proceedings pursuant to Section 26-6-111, C.R.S. 5. A licensed child care facility may be fined up to $100 a day to a maximum of $10,000 for each violation of the Child Care Licensing Act or for any statutory grounds as listed at Section 26-6-108(2), C.R.S. 6. Assessment of any civil penalty does not preclude the department from also taking action to deny, suspend, revoke, make probationary, or refuse to renew that license. 7. Any person intentionally making a false statement or report to the Department or to any agency delegated by the Department to make an investigation or inspection under the provisions of the Child Care Licensing Act may be fined up to $100 a day to a maximum of $10,000. 8. Civil penalties assessed by the department must be made payable to the Colorado Department of Human Services. B. In addition to civil penalties that may be assessed under Section 7.701.12, A, when an individual operates a facility after a license has been denied, suspended, revoked, or not renewed, or before an original license has been issued, injunctive proceedings may be initiated to enjoin the individual from operating a child care facility without a license. C. Within 10 working days after receipt of a notice of final agency action with regard to a negative licensing action or the imposition of a fine, each child care center or family child care home must provide the Department with the names and mailing addresses of the parents or legal guardians of each child cared for at the facility so that the Department can notify the parents or legal guardians of the negative licensing action taken. The facility will be responsible for paying a fine to the Department that is equal to the direct and indirect costs associated with the mailing of the notice.
7.701.13 Waivers [rev. eff. 6/1/00]
A. Any person who has applied for or been issued a certificate or license to operate a child care facility or child placement agency has the right to request a waiver of any rule or regulation which, in his/her opinion, works an undue hardship on the person, facility, or the community, or has been too stringently applied by a representative of the Department. B. Requests for waivers must be submitted to the department in writing within 60 calendar days of the date on which the rule allegedly was too stringently applied or created the hardship. Requests must include the name and address of the facility, its assigned license number, the citation of the rule for which a waiver is being sought, and all relevant information regarding the alleged hardship or evidence of the rule being too stringently applied. C. The Department will designate, pursuant to the Child Care Licensing Act, an appeal panel, which will meet to review appeal requests and make recommendations to the Department. Requests should be submitted to the Division of Child Care Services. D. If a child care facility or agency is aggrieved by the decision of the appeal panel, the facility or agency has a right to a formal hearing pursuant to Section 24-4-105, C.R.S., if the facility or agency petitions the Department in writing within 30 calendar days of receipt of the written appeal decision.
E. Written decisions of the appeal panel must be posted beside the child care license.
7.701.14 Civil Rights [rev. eff. 6/1/00]
All facilities licensed under the Child Care Licensing Act are subject to the non-discrimination provisions of Title VI of the Civil Rights Act of 1964, as amended, and its implementing regulation, Title 45 Code of Federal Regulations (CFR), Part 80; the Age Discrimination Act of 1975, as amended, and its implementing regulation, Title 45 CFR, Part 91; Section 504 of the Rehabilitation Act of 1973, as amended, and its implementing regulation, Title 45 CFR, Part 84.
All facilities licensed under the Child Care Licensing Act are also subject to Titles I through V of the Americans with Disabilities Act, as amended, and its implementing regulation, Title 29 C.F.R., Part 1630. Decisions related to the enrollment, placement, or dismissal of a child with a disability or chronic condition must be in compliance with the Americans with Disabilities Act. The facility must provide reasonable accommodations for the child with a disability who has special needs.
A lack of independent ambulation or the need for assistance in feeding, toileting, or dressing or in other areas of self care cannot be used as sole criteria for enrollment or placement or denial of enrollment or denial of placement. Efforts must be made to accommodate the child's needs and to integrate the child with his/her peers who do not have disabilities.
7.701.2 DEFINITIONS
7.701.21 Types of Homes
7.701.211 Family Child Care Home [Rev. eff. 8/1/07]
"Family Child Care Home", defined at Section 26-6-102(4), C.R.S., means a type of family care home that provides less than 24-hour care for 2 or more children on a regular basis in a place of residence. Children in care are from different family households and are not related to the head of household.
7.701.212 Foster Care Home [Eff. 8/1/07]
A "Foster Care Home", defined at Section 26-6-102(4.5), C.R.S., means a facility that is certified by the county department or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four (24) hour family care for a child under the age of eighteen (18) years who is not related to the head of such home, except in the case of relative care. The term includes any foster care home receiving a child for regular twenty-four (24) hour care and any home receiving a child from any state-operated institution for child care or from any child placement agency.
7.701.213 Specialized Group Facility [Rev. eff. 8/1/07]
A "Specialized Group Facility", defined at Section 26-6-102(10)(a), C.R.S., means sponsored and supervised by a county department or a licensed child placement agency for the purpose of providing twenty-four (24) hour care for three (3) or more children, but fewer than twelve (12) children except as noted below, from at least three (3) but less than eighteen (18) years of age, or for those persons less than twenty-one (21) years old who are placed by court order prior to their eighteenth birthday whose special needs can best be met through the medium of a small group. A Specialized Group Facility may serve a maximum of one (1) child enrolled in Children's Habilitation Residential Program (CHRP) and eight (8) other foster children, or two (2) children enrolled in CHRP and five (5) other foster children, unless there has been prior written approval by the CHRP waiver adminstrator. If placement of a child in a specialized group center will result in more than three (3) children approved for Children's Habilitation Residential Program (CHRP) funding, then the total number of children placed in that specialized group center will not exceed a maximum of six (6) total children. Placements of more than three (3) children approved for CHRP funding may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safely meet the needs of all of the children in the home. Emergency placements will not exceed maximum established limits. Facilities that exceed established capacity at the time the rule takes effect may not accept additional children into the home until capacity complies with the rule.
SPECIALIZED GROUP FACILITY MAXIMUM CAPACITY
CHRP Non-CHRP Total Children
1 8 9
2 5 7
SPECIALIZED GROUP CENTER MAXIMUM CAPACITY
CHRP Non-CHRP Total Children
3 3 6
A. "Specialized Group Homes or Group Centers" who are serving children enrolled in the Children's Habilitation Residential Program (CHRP) waiver shall be in compliance with rules contained within the Department of Health Care Policy and Financing's Medical Assistance Manual at Section 8.508 (10 CCR 2505-10). B. "Specializled Group Centers" that serve three (3) children enrolled in CHRP waiver must be staffed with sufficient staff to deal with the complex needs of the children placed in the home. C. A "Specialized Group Home" is located in a house owned or otherwise controlled by the group home parents who are primarily responsible for the care of the children and reside at the home. D. A "Specialized Group Center" is located in a facility owned or controlled by a governing body that hires the group center parents or personnel who are primarily responsible for the care of the children.
7.701.214 Child Care Center [Rev. eff. 8/1/07]
"Child care centers", less than 24-hour programs of care defined at Section 26-6-102(1.5), C.R.S., include the following types of facilities:
A. A "large child care center" provides care for sixteen (16) or more children between two and one-half (2-1/2) and sixteen (16) years of age. B. A "small child care center" provides care for five (5) through fifteen (15) children between two (2) and sixteen (16) years of age. C. An "infant nursery" provides care for children between six (6) weeks and eighteen (18) months of age. D. A "toddler nursery" provides care for children between the ages of twelve (12) months (when walking independently) and thirty-six (36) months of age. E. "Preschool" is a part-day child care program for five (5) or more children between the ages of two and one-half (2-1/2) and seven (7) years of age. F. "Kindergarten" provides a program for children the year before they enter the first grade. G. A "school-age child care center" means a child care center that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The center's purpose is to provide child care and/or an outdoor recreational experience using a natural environment. The center operates for more than one week during the year. The term includes facilities commonly known as "day camps," "summer camps," " summer playground programs," "before and after school programs," and "extended day programs." This includes centers operated with or without compensation for such care, and with or without stated educational purposes. 1. A "building-based school-age child care program" means a child care program that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The center is located in a building that is regularly used for the care of children. 2. A "mobile school-age child care program" provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade. Children move from one site to another by means of transportation provided by the governing body of the program. The program uses no permanent building on a regular basis for the care of children. 3. An "outdoor-based school-age child care program" provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade. This program uses no permanent building on a regular basis for the care of children. Children are cared for in a permanent outdoor or park setting.
7.701.215 Children's Resident Camp [Rev. eff. 8/1/07]
A "Children's Residential Camp", defined at Section 26-6-102(2.2), C.R.S., means a facility operating for three (3) or more consecutive 24-hour days for the care of five (5) or more children. The campers must have completed kindergarten or be at least six (6) years old to seventeen (17) years old.
A. A residential camp may have a "Primitive Camp" which is a portion of the permanent camp premises or another site at which the basic needs for camp operation such as places of abode, water supply systems, and permanent toilet and/or cooking facilities are not usually provided. B. A "Trip Camp" is a camp in which children move from one site to another by means of the child's own power or by a transportation mode permitting the child's guidance of a vehicle or animal. The trip camp originates in Colorado and operates for three or more consecutive 24-hour days during the year for the care of 5 or more children who are at least 10 years old or have completed the fourth grade to 18.
7.701.216 Day Treatment Center [Rev. eff. 8/1/07]
A "Day Treatment Center", defined at Section 26-6-102(2.4), C.R.S., means a facility that provides less than twenty-four (24) hour care for groups of five (5) or more children from five (5) to eighteen (18) years of age and for those persons to twenty-one (21) years old who are placed in the program by court order prior to their eighteenth birthday. The center must provide a structured program of various types of psycho-social and/or behavioral treatments to prevent or reduce the need for placement of the child out of the home or community. This definition does not include special education programs operated by a public or private school system or programs that are licensed by other regulations of the Department of Human Services for less than 24-hour care of children, such as a child care center or part-day preschool.
7.701.217 Child Placement Agency [Rev. eff. 8/1/07]
A "Child Placement Agency", defined at Section 26-6-102(2), C.R.S., means any corporation, partnership, association, firm, agency, institution, or person unrelated to the child being placed, who places, who facilitates placement for a fee, or arranges for placement of any child under the age of eighteen (18) years with any family, person or institution for purposes of foster care, treatment or adoption. The natural parents or legal guardian of any child who places that child for care with any facility licensed as a "Family Child Care Home" or "Child Care Center" shall not be deemed to be a Child Placement Agency.
To arrange for placement is to act as an intermediary by assisting a parent or guardian or legal custodian to place or plan to place a child with persons unrelated to the child for 24 hour care.
Any agency from out of state placing a child within Colorado must be licensed as a child placement agency by the Colorado Department of Human Services unless the placement services are coordinated with and provided by a county department of social services or a child placement agency licensed by the department.
7.701.218 Residential Child Care Facility [Rev. eff. 8/1/07]
A. "Residential Child Care Facility", defined at Section 26-6-102(8), C.R.S., shall provide twenty-four (24) hour residential group care and treatment for five (5) or more children between the ages of three (3) and eighteen (18) years old and for those persons to twenty-one (21) years old who are placed by court order prior to their eighteenth birthday. A residential child care facility must offer opportunities for a variety of experiences through a group living program and specialized services that can be used selectively in accordance with an individual plan for each child. A residential child care facility includes "Community-Based Residential Child Care Facilities", "Shelter Care Facilities", "Therapeutic Residential Child Care Facilities", and "Psychiatric Residential Treatment Facilities". B. "Transition Program" may be a component of an RCCF program in which the child is residing in the RCCF part of the time and in a living situation that child is expected to move to after treatment in the RCCF is completed. The purpose of transition is to enable the child to transition to the home or a less restrictive setting in a manner that prepares the child for success in the new setting.
7.701.219 Secure Residential Treatment Center [Rev. eff. 8/1/07]
A "Secure Residential Treatment Center", defined at Section 26-6-102(9), C.R.S., means a facility operated under private ownership that provides twenty-four (24) hour group care and treatment in a secure setting for five (5) or more children or persons up to the age of twenty-one (21) who are committed by a court pursuant to an adjudication of delinquency or pursuant to a determination of guilt of a delinquent act of having been convicted as an adult and sentenced for an at that would be a crime if committed in Colorado, or in the committing jurisdiction, to be placed in a secure facility.
7.701.22 Other Definitions [Rev. eff. 8/1/07]
A. "Affiliate of a licensee" means any person or entity that owns more than five (5) percent of the ownership interest in the business operated by the licensee or the applicant for a license, any person who is directly responsible for the care and welfare of children served, any executive, officer, member of the governing board, or employee of a licensee, or a relative of a licensee, which relative provides care to children at the licensee's facility, or is otherwise involved in the management or operations of the licensee's facility. B. For the purposes of all child care licensing rules, the terms "child battering", "child abuse", "child molesting", and "child neglect" are terms to be considered within the definition of abuse set forth in Section 19-1-103, C.R.S., unless otherwise indicated. C. "Citizen/legal resident" means a citizen of the United States, current legal resident of the United States, or lawfully present in the United States. D. The "Consumer Product Safety Commission", as referred to in rules regulating child care facilities, means the National Commission that establishes standards for the safety of children's equipment and furnishings and for playground safety. Information about these guidelines may be obtained from the Office of Information and Public Affairs, U.S. Consumer Product Safety Commission (CPSC), Washington, D.C. 20207. The CPSC web address is http://www.cpsc.gov. The local U.S. Consumer Product Safety Commission Office is located at 1961 Stout Street, Denver, Colorado 80294. You may contact a Senior Resident Investigator in the Denver office for information. This rule refers to the current edition of the Consumer Product Safety Commission standards, in effect when rules referencing the Commission are referenced, and does not include later amendments to or editions of the standards. The standards may be examined at any State Publications Depository Library. E. A "critical incident" is a serious life safety or potential life safety incident or concern that poses a danger to the life, health, and/or well-being of a child or children at the facility or of a staff member at the facility. F. "Department" is the Colorado Department of Human Services. G. "Facility" is any business or operation established for the purpose of providing child care services that are required to be licensed pursuant to the Child Care Licensing Act, Section 26-6-101 et seq., C.R.S. H. "Final Agency Action" means the determination made by the State Department, after opportunity for hearing to deny, suspend, revoke, or demote to probationary status a license issued pursuant to the Child Care Licensing Act or an agreement between the Department and the licensee concerning the demotion of such a license to a probationary license. I. "Governing body" is the individual, partnership, corporation, or association in whom ultimate authority and legal responsibility are vested for the administration and operation of the child care facility. J. "Licensing specialist" is the authorized representative of the Colorado Department of Human Services who inspects child care facilities to ensure compliance with licensing requirements and to investigate possible violations of those requirements. K. "Negative licensing action" means a Final Agency Action resulting in the denial, suspension, or revocation of a license issued. Pursuant to the Child Care Licensing Act or the demotion of such a license to a probationary license. L. "Serious emotional disturbance" means a diagnosable mental, behavioral, or emotional disorder that is of sufficient duration and has resulted in a functional impairment that substantially interferes with or limits a child's role or functioning in family, school, or community activities. Serious emotional disturbances do not include developmental disorders, substance-related disorders, or conditions or problems that may be a focus or clinical attention unless they occur with another diagnosable serious emotional disturbance.
7.701.3 APPLICATION PROCESS
7.701.31 Original Application [Rev. eff. 8/1/06]
A. A completed original application accompanied by the appropriate fee and proof of lawful presence in the United States (see Section 3.140.11, 9 CCR 2503-1) must be submitted to the State Department a minimum of 60 days prior to the proposed opening date for the facility. B. A licensing evaluation will occur only after the Department has received the complete application and appropriate fee.
7.701.32 Use of Records and Reports of Child Abuse or Neglect for Background and Employment Inquiries [Rev. eff. 10/30/07]
A request to determine whether any owner, applicant, employee, licensee or resident of a licensed facility, or any supervisory employee of a guest care facility, or an exempt family child care home provider and each adult eighteen (18) years of age or older residing in the home (also known as a qualified adult) receiving or applying to receive Colorado Child Care Assistance moneys was found to be responsible in a confirmed report of child abuse or neglect reported to the State Department’s automated system shall be directed to and be the responsibility of the State Department.
A. Certified foster homes must also obtain a child abuse or neglect records check for each adult eighteen (18) years of age or older living in the home in every state where the adult has resided in the five years previous to the date of application. B. An inquiry is not necessary regarding out of state employees of a children’s resident camp or school-age child care center for a camp or center that is in operation for fewer than ninety (90) calendar days, if the employee changes employment to a different facility that has the same licensing body. C. The request must be made within ten (10) calendar days of the first day of employment for each employee or facility on the State prescribed form, accompanied by the required fee paid by check or money order (for fee assessment see section 7.000.73). D. The request must be accompanied by the individual’s written authorization to obtain such information from the State automated system, if applicable. E. The State Department will inform the requesting party in writing of whether the individual has been confirmed to be responsible for an incident of child abuse or neglect. 1. If the result of the inquiry is that the individual has been confirmed as responsible for an incident of child abuse or neglect, the State Department shall provide the requesting party with information regarding the date of the reported incident, the type of abuse or neglect with the severity level, and the county department that confirmed the report. 2. If the result of the inquiry is that the individual has not been confirmed to be responsible for an incident of child abuse or neglect, the State Department shall notify the requesting party of this fact. F. The information provided by the State Department shall serve only as the basis for further investigation. The director or operator may inform an applicant or employee that the report from the State Department’s automated system was a factor in the director or operator's decision with regard to the applicant or employee's employment. G. Any person who willfully permits or who encourages the release of data or information related to child abuse or neglect contained in the State Department’s automated database to persons not permitted access to such information commits a Class 1 misdemeanor and shall be punished as provided in Section 18-1.3-501, C.R.S.
7.701.33 Criminal Record Check [Rev. eff. 10/30/07]
A. Criminal records checks are required for: 1. Each applicant for an original license for a center, facility, or agency and any adult eighteen (18) years of age or older who resides in the licensed or exempt family child care home provider and each adult eighteen years of age or older (also known as a qualified adult) receiving or applying to receive Colorado Child Care Assistance moneys must submit to the Colorado Bureau of Investigation (CBI) a complete set of fingerprints taken by a qualified law enforcement agency to obtain any criminal record held by the CBI if they have lived in Colorado more than two (2) years and any criminal record held by the Federal Bureau of Investigation (FBI) if they have lived in Colorado for less than two (2) years. Payment of the fee for the criminal record check is the responsibility of the individual being checked or the home, center, facility, or agency. 2. Each applicant for an origianl certificate for a foster care home, and any adult eighteen (18) years of age or older who resides in the certified foster care home, must submit to the Colorado Bureau of Investigation (CBI) and the Federal Bureau of Investigation (FBI) a complete set of fingerprints taken by a qualified law enforcement agency to obtain any criminal record held by the CBI or FBI. Payment of the fee for the criminal record check is the responsibility of the individual being checked. If the certified foster home has not completed a check with the FBI at the time of renewal, each applicant for a foster care home, and any adult eighteen (18) years of age or older who resides in the certified home must submit a complete set of fingerprints for an FBI criminal record check. B. Only in the case of a children's resident camp or school-age child care center, out of state persons employed in a temporary capacity for less than ninety (90) days are not required to be fingerprinted to obtain a criminal record check. Each person exempted from fingerprinting and being checked with the State Department's automated system must sign a statement which affirmatively states that she/he has not been convicted of any charge of child abuse or neglect, unlawful sexual offense, or any felony. Prospective employers of such exempted persons shall conduct reference checks of the prospective employees in order to verify previous work history and shall conduct personal interviews with each such prospective employee. C. At the time the annual declaration of compliance is submitted to the department, a criminal record check is required only for adults living at the licensed facility who have not previously obtained one. Because the Colorado Bureau of Investigation (CBI) provides the Department with ongoing notification of arrests, owners, applicants, licensees, and persons who live in the licensed facility who have previously obtained a criminal record check are not required to obtain additional criminal record checks. D. Each owner, employee who is eighteen (18) years of age or older and newly hired employee who is eighteen (18) years of age or older of a facility or agency must submit to CBI a complete set of fingerprints to obtain any criminal record held by the CBI. Payment of the fee for the criminal record check is the responsibility of the individual being checked or the facility or agency. The results of the criminal record check must be maintained at the home, center, facility, or agency and must be available for review upon request by a licensing specialist. 1. Employees and volunteers who are transferring from one child care facility to another may have their fingerprints transferred if they complete the following process: a. New employees must obtain their CBI clearance letter or a photocopy of their processed fingerprint card from their former employer or school district. They must attach it to a new fingerprint card, the top portion of which they have completed with new fingerprints taken. The new fingerprint card must include the new employer's address and the new employer's license I.D. number in the box labeled MNU. "Transfer - Child Care" must be inserted in the "Reason Fingerprinted" block. The CBI clearance letter (or photocopy of the old fingerprint card) and the new fingerprint card must be sent with a $2 money order payable to CBI to: Colorado Bureau of Investigation, 690 Kipling St., Ste. 3000, Denver, CO 80215. Those facilities that have accounts with CBI are not required to send the $2 money order; instead, they shall enter their CBI account number in the OCA block of the new fingerprint card. b. New employees who cannot obtain the CBI clearance letter or photocopy of the processed fingerprint card from their former employer must have their fingerprints retaken and follow the process detailed in Section 7.701.33, D, 1, a. c. When an individual leaves employment, the facility must submit to CBI a completed Notification of Name Removal form to request the removal of the individual's name from their facility license number in the CBI database. d. School district employees who currently work at a child care facility must have their criminal history report linked to the license number of the child care facility. 2. Licensees must send a copy of an employee's or a resident's criminal record check to his/her new employer upon written request from that employer. 3. Any adult volunteer, working as a staff member to meet the required staff-child ratio or staff qualifications, who works 14 days or more in a calendar year, must submit to CBI a complete set of fingerprints taken by a qualified law enforcement agency to obtain a criminal record check. The results of the criminal record check must be maintained at the facility or agency and must be available for inspection by a licensing specialist. 4. Requests for a criminal record check must be submitted to the CBI within 5 working days of the day that the individual begins to work at the facility or agency. 5. For the purposes of these rules, "convicted" means a conviction by a jury or by a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere. 6. Facilities and agencies that hire individuals who have been convicted of any felony, except those listed in a-f below, unlawful sexual behavior, or any misdemeanor, the underlying factual basis of which has been found by the court on record to include an act of domestic violence, must inform the Department of that hiring within 15 calendar days of receiving knowledge of the conviction. 7. A child care facility shall not employ, or a child placement agency shall not employ or certify, an individual who has been convicted of: a. Child abuse, as specified in Section 18-6-401, C.R.S. b. A crime of violence, as defined in Section 18-1.3-406, C.R.S. c. Any felony offenses involving unlawful sexual behavior, as defined in Section 16-22-102(9), C.R.S. d. Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in Section 18-6-800.3, C.R.S. e. Any felony involving physical assault, battery, or a drug-related/alcohol-related offense within the five years preceding the date of application for a license or certificate; f. Has shown a pattern of misdemeanor convictions within the ten (10) years immediately preceding submission of the application. "Pattern of misdemeanor" shall include consideration of Section 26-6-108(2), C.R.S., regarding suspension, revocation and denial of a license, and shall be defined as: 1) Three (3) or more convictions of 3rd degree assault as described in Section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in Section 18-6-800.3, C.R.S.; or, 2) Five (5) misdemeanor convictions of any type, with at least two (2) convictions of 3rd degree assault as described in Section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in Section 18-6-800.3, C.R.S.; or, 3) Seven (7) misdemeanor convictions of any type. g. Any offense in any other state, the elements of which are substantially similar to the elements listed in a-e above; or, 8. No license or certificate to operate any agency or facility shall be issued by the Department, a county department, or a licensed Child Placement Agency if the person applying for such license or certificate or an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant of the facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, should a court enter, pursuant to Part 3 or Part 4 of Article 14 of Title 15, C.R.S. or Section 27-10-109(4) or 27-10-125, C.R.S., an order specifically finding that the mental incompetency or insanity is of such degree that the applicant is incapable of operating a family child care home, foster care home, child care center, or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof. E. Any individual who is obtaining a criminal record check and who has lived in Colorado for 24 or fewer months must request that the CBI obtain a criminal record check from the Federal Bureau of Investigation (FBI). Payment of the fee for the FBI check is the responsibility of the individual who is obtaining the check or the facility or agency. Certified foster parent(s) or any person eighteen (18) years of age or older who resides with a certified foster parent must obtain a criminal record check from the FBI regardless of the length of residence in Colorado. F. The Department may deny, revoke, suspend, change to probationary or fine a child care facility or child placement agency if the applicant(s), an affiliate of the applicant, or any person living with or employed by the applicant has: 1. Been convicted in Colorado or in any other state of any felony, or has entered into a deferred judgment agreement or a deferred prosecution agreement in Colorado or in any other state to any felony other than those offenses specified in Section 26-6-104(7), C.R.S., or child abuse, as specified in Section 18-6-401, C.R.S., the record of conviction being conclusive evidence thereof, notwithstanding Section 24-5-101, C.R.S.; or, 2. Been convicted of third degree assault, as described in Section 18-3-204, C.R.S., any misdemeanor, the underlying factual basis of which has been found by the court on any record to include an act of domestic violence, as defined in Section 18-6-800.3, C.R.S., any misdemeanor violation of a restraining order, as described in Section 18-6-803.5, C.R.S., any misdemeanor offense of child abuse as defined in Section 18-6-401, C.R.S., or any misdemeanor offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in this paragraph; or, 3. Used any controlled substance as defined in Section 12-22-303(7), C.R.S. or consumed any alcoholic beverage or been under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility; or, 4. Been convicted of unlawful use of a controlled substance as specified in Section 18-18-404, C.R.S., unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance as specified in Section 18-18-405, C.R.S., or unlawful offenses relating to marijuana or marijuana concentrate as specified in Section 18-18-406, C.R.S.; or, 5. Consistently failed to maintain standards prescribed and published by the Colorado Department of Human Services; or, 6. Furnished or made any misleading or any false statement or report to the Colorado Department of Human Services; or, 7. Refused to submit to the Colorado Department of Human Services any reports, or refused to make available to the Department any records required by it in making investigation of the facility for licensing purposes; or, 8. Failed or refused to submit to an investigation or inspection by the Colorado Department of Human Services or to admit authorized representatives of the Department at any reasonable time for the purpose of investigation or inspection; or, 9. Failed to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for child care pursuant to standards prescribed by the Colorado Department of Public Health and Environment and the Colorado Department of Human Services or by ordinances of regulations applicable to the location of the foster care home; or, 10. Willfully or deliberately violated any of the provisions of the Child Care Licensing Act; or, 11. Failed to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provision for personal care, medical services, clothing, and other essentials in the proper care of children; or, 12. Been charged with the commission of an act of child abuse or an unlawful sexual offense, as specified in Section 18-3-411(1), C.R.S., if: a. Such individual has admitted committing the act or offense and the admission is documented or uncontroverted; or, b. An Administrative Law Judge finds that such charge is supported by substantial evidence; or, 13. Admitted to an act of child abuse or if substantial evidence is found that the licensee, person employed by the licensee, or person who resides with the licensed in the foster home has committed an act of child abuse, as defined at Section 19-1-103(1), C.R.S.; or, 14. Been the subject of a negative licensing action. 15. Misuse any public funds that are provided to any foster care home or any child placement agency that places, or arranges for placement of a child in foster care for the purposes of providing foster care services, child placement services related to the provision of foster care, or any administrative costs related to the provision of such foster care services or such foster-care-related child placement services. G. The Department may deny an application for a child care facility license or a child placement agency license if the applicant is a relative affiliate of a licensee, as described in Section 26-6-102(1)(d), C.R.S., of a child care facility or child placement agency, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the Department that may result in a negative licensing action. H. For all CBI fingerprint checks required in this Section 7.701.33, including those confirming a criminal history as well as those confirming no criminal history, the Department will conduct a comparison search on the State Judicial Department's ICON system. The ICON search, based on name, date of birth, and any other available criminal history data that the Department deems appropriate, is used to determine the type of crime(s) for which a person was arrested or convicted and the disposition thereof.
7.701.34 Fire and Health Inspections, Zoning Codes [Rev. eff. 8/1/07]
A. Prior to the original license being issued, following the renovation of the facility that would affect the licensing of the facility and at least every 2 years thereafter, all child care facilities except family child care homes must be inspected and obtain an approving inspection report from the local department of health or the Colorado Department of Public Health and Environment and from the local fire department. These reports must be maintained at the facility and be available for review upon request by a licensing specialist. B. Prior to the original license being issued, all child care facilities, except for family foster homes and specialized group facilities that are providing care for three or fewer children who are determined to have a developmental disability by a community centered board or who have a serious emotional disturbance, must submit to the State Department written approval from the local zoning department approving operation of the facility. The approval must include the address of the child care facility and the ages and numbers of children to be served. The facility must also submit written zoning department approval to the State Department any time there is a change to the license, including moving the facility to another location, increasing the capacity, or adding different ages of children. C. All child care facilities must operate in compliance with local planning and zoning requirements of the municipality, city and county, or county where the facility is located.
7.701.35 Changes Requiring a New Application [Rev. eff. 8/7/06]
A license is deemed surrendered and a new application is required in the following circumstances:
A. Change of licensee, owner, or governing body. B. Change in classification of facility or service offered. C. Change in location of the facility. D. Change in the Federal Employee Identification Number (FEIN) of the facility or agency.
7.701.36 Types of Licenses
7.701.361 Permanent License [Rev. eff. 8/7/06]
A. A permanent license is granted when the Department is satisfied that the facility or agency is in compliance with the appropriate Department rules and the Child Care Licensing Act. The permanent license remains in effect until surrendered or revoked. B. Once a permanent license has been issued, the licensee must annually submit to the Department a declaration of compliance with the applicable licensing rules and notice of continuing operation on the form prescribed by the Department, along with the appropriate annual fee as set forth at Section 7.701.4. C. Failure to submit the annual declaration and fee will constitute a consistent failure to maintain department standards and may result in revocation of the license. D. At the time the annual declaration of compliance is submitted to the Department, the licensee must also complete a written self-evaluation on the forms prescribed by the Department. The self-evaluation form must be maintained by the facility and be available for review upon request by the licensing specialist.
7.701.362 Time-Limited License [Eff. 8/7/06]
A. A time-limited license is granted for specific types of child care facilities or agencies when the Department is satisfied that the facility or agency is in compliance with the appropriate Department rules and the Child Care Licensing Act. The time-limited license will expire on a set date. B. Once a time-limited license has been issued, the licensee must submit a renewal application prior to the expiration of the time-limited license. This will keep the license in effect until a new time-limited license can be issued. C. Failure to submit the renewal application prior to the expiration of the time-limited license will result in the expiration of the license and closure of the facility.
7.701.363 Provisional License [Rev. eff. 8/7/06]
A. A provisional license or certificate may be issued only for the initial 6-month licensing period. B. This license permits the facility to operate while it is temporarily unable to conform to all rules upon proof by the applicant that attempts are being made to comply with the rules. C. If an applicant holds a valid provisional license at the time of application for a permanent license, the provisional license will remain in effect until the application is acted on by the Department.
7.701.364 Probationary License [Rev. eff. 8/7/06]
A. A probationary license or certificate may be granted to a licensed facility or agency as provided in Section 26-6-108(2), C.R.S. B. If the applicant holds a valid probationary license at the time of application for a permanent license, the current license will remain in effect until the application is acted on by the Department.
7.701.365 Multiple Licenses [Rev. eff. 8/7/06]
A. If a licensee wishes to assume child care responsibility in more than one classification of care, separate applications, fees, and licensing evaluations are required for each classification. A family child care home and a specialized group home may only be licensed as one type of classification at any one location address. B. If a licensee wishes to operate more than one facility of the same classification but at different locations, a separate application, fee, and evaluation are required for each location.
7.701.4 FEES [Rev. eff. 9/1/08]
A. The appropriate application fee outlined in Section 7.701.4, C, must be submitted to the department with the application for a child care license at least 60 calendar days prior to the opening date of the facility or the expiration date of the provisional or probationary license. B. The appropriate application fee outlined in Section 7.701.4, C, must be submitted to the department annually, at least 60 calendar days prior to the anniversary date of the license, along with a completed continuation declaration. C. Following is a schedule of original and annual fees for all types of child care facilities and agencies:
FAMILY CHILD CARE HOMES (1-8 Children)
Original/Continuation $24
LARGE FAMILY CHILD CARE HOMES (7-12 Children)
Original/Continuation $36
EXPERIENCED FAMILY CHILD CARE HOMES
Original Application $39
Continuation $39
CHILD CARE CENTERS, PRESCHOOLS, SCHOOL AGE CHILD CARE AND RESIDENT CAMPS
Original/Continuation (5-20 children) $ 77
Original/Continuation (21-50 children) $121
Original/Continuation (51-100 children) $176
Original/Continuation (101-150 children) $270
Original/Continuation (151-250 children) $374
Original/Continuation (251 or more children) $528
DAY TREATMENT CENTER Original/Continuation $44
SPECIALIZED GROUP FACILITY Original/Continuation $121
CHILD PLACEMENT AGENCIES LICENSED FOR FOSTER CARE
Original Application $627
Continuation (0-5 homes) $319
Continuation (6-15 homes) $407
Continuation (16-30 homes) $506
Continuation (31-50 homes) $594
Continuation (51 or more homes) $693
CHILD PLACEMENT AGENCIES LICENSED FOR ADOPTION
Original Application $479
Continuation (0-5 finalized adoptions) $242
Continuation (6-11 finalized adoptions) $270
Continuation (12-17 finalized adoptions) $286
Continuation (18-23 finalized adoptions) $319
Continuation (24 or more finalized adoptions) $330
A Child Placement Agency licensed for both foster care and adoptions will pay only one fee -- either the foster care fee or the adoption fee, whichever is greater. The annual report required by regulation 7.710.72, B, must be attached.
RESIDENTIAL CHILD CARE FACILITY
Original Application $792
Continuation (under 12 children) $242
Continuation (13-25 children) $396
Continuation (26-50 children) $550
Continuation (51 or more children) $715
RCCF/RTC's pay one continuation fee per year based on the total licensed capacity of the facility.
HOMELESS YOUTH SHELTER Original/Continuation $330
SECURE RESIDENTIAL TREATMENT CENTER Original/Continuation $924
CHANGES TO LICENSES (capacity and/or number of children) $44
DUPLICATE LICENSES $33
CHANGES TO LICENSES of Family Child Care Homes,
Large Family Child Care Homes, and Experienced
Family Child Care Homes will never exceed the cost
of the original or continuation fee.
D. Following is a schedule of fees for the original application and annual fee required for the temporary and full accreditation of international adoption agencies:
INTERNATIONAL ADOPTION AGENCIES
Original Application for One Year Temporary Accreditation $1,600
Original Application for Two Year Temporary Accreditation $1,600
Annual Fee for Agencies with Two Year Temporary Accreditation $1,600
Original Application for Full Accreditation for Agencies that $4,000
Complete 100 or more Intercountry Adoptions in a Calendar Year
Original Application for Full Accreditation for Agencies $3,000
that Complete 50-99 Intercountry Adoptions in a Calendar Year
Original Application for Full Accreditation for Agencies that $2,000
Complete 49 or Fewer Intercountry Adoptions in a Calendar Year
Annual Fee for Agencies with Full Accreditation $2,000
Original Application for Full Accreditation - Agencies with $2,000
Colorado and Out-of-State Offices - Additional Fee
Original Application for Temporary Accreditation - $ 500
Agencies with Colorado and Out-of-State Offices - Additional Fee
E. International adoption agencies with out-of-state offices will be required to reimburse the State for actual and necessary charges involved with travel to out-of-state offices. F. The appropriate administrative and criminal background check fees (refer to Section 7.701.33) paid with certified funds (i.e., money order or cashier's check) outlined in Section 3.905.1, A (9 CCR 2503-1) must be submitted to the State Department along with the completed background check packet upon renewal or signing a new fiscal agreement with the county to receive Colorado Child Care Assistance funds.
CCCAP - EXEMPT FAMILY CHILD CARE HOMES
Administration Fee for SFY2007 Initial Fingerprint Packet $ 8.00
Administration Fee for Subsequent Year Initial Fingerprint Packet $10.00
7.701.5 ADMINISTRATION
7.701.51 Governing Body
A. The governing body must be identified by its legal name on the original application and annual declaration. The names and addresses of individuals who hold primary financial control and officers of the governing body must be fully disclosed to the department. B. The governing body must demonstrate to the Department, upon request, that there is sufficient financial support to operate and maintain the facility in accordance with all rules in Section 7.701, the rules regulating the specific type of facility, and the goals and objectives of the facility.
7.701.52 Reports
A. Within 24 hours, excluding weekends and holidays, of the occurrence of a critical incident at the facility or within 24 hours of a child¿s return to the facility if the child was on authorized or unauthorized leave from the facility, the facility or child placement agency must report in writing to the licensing or certifying authority the following critical incidents involving a child in the care of the facility or a staff member on duty: 1. The death of a child or staff member as a result of an accident, suicide, assault, or any natural cause while at the facility, or while on authorized or unauthorized leave from the facility. 2. An injury to a child or staff member that requires emergency medical attention by a health care professional or admission to a hospital. 3. A mandatory reportable illness, as required by the Colorado Department of Public Health and Environment, of a child or staff member that requires emergency medical attention by a health care professional or admission to a hospital. 4. Any allegation of physical, sexual, or emotional abuse or neglect to a child that results in reporting to a law enforcement or social services agency. 5. Any fire that is responded to by a local fire department. 6. Any major threat to the security of a facility including, but not limited to, a threat to kidnap a child, riots, bomb threats, hostage situations, use of a weapon, or drive by shootings. 7. A drug or alcohol related incident involving a staff member or a child that requires outside medical or emergency response. 8. An assault, as defined by Sections 18-3-201 through 18-3-204, C.R.S., by a child upon a child, a child upon a staff member, or a staff member upon a child which results in a report to law enforcement. 9. A suicide attempt by a child at the facility which requires emergency intervention. 10. Felony theft or destruction of property by a child while in placement at the facility for which law enforcement is notified. 11. Any police or sheriff contact with the facility for a crime committed by a resident while in placement at the facility. A report of a critical incident must be submitted on the Colorado Department of Human Services, Division of Child Care, critical incident form. B. The following items must be reported in writing to the Department within 10 working days, unless otherwise noted: 1. Any legal action against a facility, agency, owner, operator, or governing body that relates to or may impact the care or placement of children. 2. Change of director of facility or agency. 3. Proposed change in the number, sex, or age of children for whom the facility is licensed that differs from that authorized by the license. 4. Change of address of child placement agency. 5. Changes in the physical facility or use of rooms for child care at a facility. 6. Closure of the facility or agency. 7. Change of name of the facility or agency. 8. Change of residents in the facility, not to include those residents placed in the facility by a county department or a child placement agency.
7.701.53 Reporting of Child Abuse
A. A child care facility must require each staff member of the facility to read and sign a statement clearly defining child abuse and neglect pursuant to state law and outlining the staff member's personal responsibility to report all incidents of child abuse or neglect according to state law. B. Any caregiver or staff member in a child care facility who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect must immediately report or cause a report to be made of such fact to the county department of social services or local law enforcement agency. C. If the suspected child abuse occurred at the child care facility, the report of suspected child abuse must be made to the county department of social services, police department, or other law enforcement agency in the community or county in which the child care facility is located. D. If the suspected child abuse did not occur at the child care facility, the report of suspected child abuse must be made to the county department of social services in the county in which the child resides or to the local law enforcement agency in the community in which the incident is believed to have occurred. E. At the time of admission the facility must give the child's parent or guardian information that explains how to report suspected child abuse or child neglect.
7.701.54 Investigation of Child Abuse [rev. eff. 11/1/98]
A. Staff members of the county department of social services or a law enforcement agency that investigates an allegation of child abuse must be given the right to interview staff and children in care and to obtain names, addresses, and telephone numbers of parents of children enrolled at the child care facility. B. Any report made to the law enforcement authorities or a county department of social services of an allegation of abuse of any child at the child care facility will result in the temporary suspension or reassignment of duties of the alleged perpetrator to remove the risk of harm to the child/children if there is reasonable cause to believe that the life or health of the victim or other children at the facility is in imminent danger due to continued contact between the alleged perpetrator and the child/children at the facility. Such suspension or reassignment of duties will remain in effect pending the outcome of the investigation by the appropriate authorities.
7.701.55 Reporting of Licensing Complaints [rev. eff. 9/3/99]
Child care facilities must provide written information to parents at the time of admission and staff members at the time of employment on how to file a complaint concerning suspected licensing violations. The information must include the complete name, mailing address, and telephone number of the Colorado Department of Human Services, Division of Child Care.
7.701.56 Posting Licensing Information [rev. eff. 9/1/02]
A. At all times during the operating hours of the facility, except for foster care homes, the facility/agency shall post the current child care license in a prominent and conspicuous location easily observable by those entering the child care facility or agency. For family foster care homes, the certificate shall be available for review upon request. B. At all times during the operating hours of a family child care honme, child care center, school-age child care center, or children's resident camp, the facility shall post its most recent licensing inspection report or a notice as to where the report may be reviewed at the facility by the parent or legal guardian of a child or their designee. C. At all times during the operation of a child care facility, except for family foster care homes and child placement agencies, the facility shall post in a prominent and conspicuous location information regarding the procedures for filing a complaint with the Colorado Department of Human Services, Division of Child Care, including the telephone number and mailing address. For family foster care homes and child placement agencies, information for filing a complaint shall be made available upon request. D. The facility must post in every room of the child care facility, excluding bedrooms and living areas, the license capacity of the room and the staff-to-child ratio required by regulation to be maintained for the age of children cared for in the room.
7.701.6 CONFIDENTIALITY OF RECORDS
A. The records concerning the licensing of facilities and agencies are open to the public except as provided below. B. Anyone wishing to review a record must make a written request to the department. C. The following documents are confidential and not available for review: 1. Information identifying children or their families. 2. Scholastic records, health reports, social or psychological reports. These are available only to the person in interest. 3. Personal references requested by the department. 4. Reports and records received from other agencies, including police and child protection investigation reports.
7.701.7 PARENTAL ACCESSIBILITY
A. During hours of operation, a facility must allow access to parents and guardians having legal custody of a child in care to those areas of the facility that are licensed for child care. B. During the hours of operation, the facility's most recent licensing, fire department, and health department inspection reports must be accessible to parents and legal guardians of children in care or their designee and to parents and legal guardians considering placing their children in care at the facility.
7.701.8 PERJURY STATEMENT - APPLICATION FORMS FOR EMPLOYMENT WITH A CHILD CARE PROVIDER [eff. 9/3/99]
Every application used in the state of Colorado for employment with a child care provider or facility, or for the certification of a foster home, shall include the following notice to the applicant:
"Any applicant who knowingly or willfully makes a false statement of any material fact or thing in the application is guilty of perjury in the second degree as defined in Section 18-8-503, C.R.S., and, upon conviction thereof, shall be punished accordingly."
7.702 RULES REGULATING CHILD CARE CENTERS (LESS THAN 24-HOUR CARE)
All child care centers must comply with the "General Rules for Child Care Facilities" as well as the "Rules Regulating Child Care Centers (Less Than 24-Hour Care)" and the "Rules and Regulations Governing the Sanitation of Child Care Centers in the State of Colorado."
All infant nurseries and toddler nurseries must meet all of the requirements for centers in 7.702 except where rules specific to infant or toddler nurseries replace other rules. Rules that apply only to infant and toddler nurseries appear in bold type/italics at the end of sections [Editorial note: this rule database does not reflect bold type; please contact CDHS's Division of Child Care for any further clarification]. These rules either replace other rules in that section or are in addition to other rules in that section. The "contents" pages also indicate rules that apply only to infant nurseries and toddler nurseries.
7.702.1 POLICY OF THE COLORADO DEPARTMENT OF HUMAN SERVICES [Rev. eff. 11/1/98]
It is the policy of the Colorado Department of Human Services ("the Department") to promote and encourage child care in environments that contribute to the safety, health, protection, and well-being of children. To verify compliance with standards intended to ensure such an environment, the department requires thorough and ongoing appraisals of child care facilities, persons working in the child care profession, and the nature of care provided.
7.702.100 RECORDS AND REPORTS
7.702.101 Children's Records
The center must maintain and update annually a record on each child that includes:
A. The child's full name, birth date, current address, and date of enrollment. B. Names and home and employment addresses and telephone numbers of parents or guardians. C. Any special instructions as to how the parents or guardians can be reached during the hours the child is at the center. D. Names, addresses, and telephone numbers of persons authorized to take the child from the center. E. Names, addresses, and telephone numbers of persons who can assume responsibility for the child in the event of an emergency if parents or guardians cannot be reached immediately. F. Name, address, and telephone number of the child's physician, dentist, and hospital of choice. G. Health information, including medical report, chronic medical problems, and immunization history. H. A dated written authorization for emergency medical care signed and updated annually by the parent or guardian. The authorization must be notarized if required by the local hospital, clinic, or emergency health care facility. I. Written authorization from a parent or guardian for the child to participate in field trips or excursions, whether walking or riding. J. Injury and illness record. K. Reports of serious injuries and accidents occurring during care that result in the hospitalization or death of a child. L. Significant observations of the child's development. M. A record of parent conferences, including dates of conferences and names of center staff and parents or guardians involved.
7.702.102 Staff Records [Rev. eff. 1/1/04]
A. The center office must maintain a record for each staff member that includes the following: 1. Name, address, telephone number, and birth date of the individual. 2. Verification of education, work experience, employment, training, and completion of first aid and CPR courses. 3. Immunization record and health examination reports. 4. Date of employment. 5. Names, addresses, and telephone numbers of persons to be notified in the event of an emergency. 6. Information received from the State Department's automated system and the Colorado Bureau of Investigation (may be retained in a confidential file). B. Each staff member's personnel file must contain all required information within 30 working days of the first day of employment.
7.702.103 Administrative Records and Reports [Rev. eff. 11/1/98]
A. The following records must be on file at the center: 1. Records of enrollment, daily attendance for each child, and daily record of the time the child arrives at and departs from the center. 2. Current health department inspection report issued within the past 24 months. 3. Current fire department inspection report issued within the past 24 months. 4. A list of current staff members, substitutes, and staffing patterns. 5. Copies of menus. 6. A record of visitors to the center. B. Each center must immediately report in writing to the Colorado Department of Human Services any accident or illness occurring at the center that resulted in medical treatment by a physician or other health care professional, hospitalization, or death. This report must be made within 48 hours after the accident or illness occurred. C. A report about a fatality must include: 1. The child's name, birth date, address, and telephone number. 2. The names of the child's parents or guardians and their address and telephone number if different from that of the child. 3. Date of the fatality. 4. Brief description of the incident or illness leading to the fatality. 5. Names and addresses of witnesses or persons who were with the child at the time of death. 6. Name and address of police department or authority to whom the report was made. D. The center must submit to the department within 48 hours a written report about any child who has been lost from the center and for whom the local authorities have been contacted. Such report must indicate: 1. The name, birth date, address, and telephone number of the child. 2. The names of the parents or guardians and their address and telephone number if different from those of the child. 3. The date when the child was lost. 4. The location, time, and circumstances when the child was last seen. 5. Actions taken to locate the child. 6. The name of the staff person supervising the child. E. The center must report to the Colorado Department of Public Health and Environment or its local unit any communicable illness, including but not limited to measles, mumps, diphtheria, rubella, tuberculosis, shigella, hepatitis, meningitis, salmonella, or giardia, contracted by a staff member or a child at the center.
7.702.104 Confidentiality and Retention
A. The confidentiality of all personnel and children's records must be maintained. See Section 7.701.7 in the General Rules for Child Care Facilities. B. Personnel and children's records must be available, upon request, to authorized personnel of the department. C. If records for organizations having more than one center are kept in a central file, duplicate identifying and emergency information for both staff and children must also be kept on file at the center attended by the child and where the staff member is assigned. D. The records of children and personnel must be maintained by the center for at least 3 years.
7.702.2 DEFINITIONS [Rev. eff. 2/1/05]
A. Child care centers, less than 24-hour care (referred to as "centers"), provide comprehensive care for children when the parents or guardians are employed or otherwise unavailable to care for the children. Child care centers may operate 24 hours a day, but the children are cared for at the center fewer than 24 hours a day. B. Child care centers, less than 24-hour programs of care, include the following types of facilities: 1. A "large child care center" provides care for 16 or more children between the ages of 2 1/2 and 16 years. 2. A "small child care center" provides care for 5 through 15 children between the ages of 2 and 16 years. 3. An "infant nursery" provides care for children between the ages of 6 weeks and 18 months. 4. A "toddler nursery" provides care for children between the ages of 12 months (when walking independently) and 36 months. 5. "Preschool" is a part-day child care program for 5 or more children between the ages of 2-1/2 and 7 years. 6. "Kindergarten" provides a program for children the year before they enter the first grade. 7. A "drop-in child care center" provides occcasional care for 40 or fewer children between the ages of 12 months and 13 years of age for short periods of time not to exceed six (6) hours in any 24-hour period of time or fifteen (15) hours in any seven (7) day period of time.
7.702.3 ADMINISTRATION [Rev. eff. 11/1/98]
(See also "Administration" at 7.701.5, General Rules for Child Care Facilities)
A. The governing body must appoint a director who will be responsible to the governing body and who will be delegated the authority and responsibility for the operation of the center according to its defined purpose and policies. B. The governing body must formulate the purpose and policies to be followed by the center. It must have a regular planned review of such purpose and policies to determine that the center is in compliance with licensing rules. C. The governing body is responsible for providing necessary facilities, adequate financing, qualified personnel, services, and program functions for the safety and well-being of children in accordance with these rules. D. The director of the center is responsible for administering the center in accordance with licensing rules. The director must plan and supervise the child development program, plan for or participate in selection of staff, plan for orientation and staff development, supervise and coordinate staff activities, evaluate staff performance, and participate in the program activities. E. The director of a part-day preschool program operated by an accredited public school system is responsible for administering the center in accordance with licensing rules and supervising the child development program. The director must plan for or participate in orientation and staff development, supervise or coordinate staff activities, participate in the evaluation of staff performance, and participate in program activities.
7.702.4 POLICIES AND PROCEDURES
7.702.41 Statement of Policies and Procedures [Rev. eff. 11/1/01]
A written statement of the center's policies and procedures must be made available to parents and guardians and to staff and must include the following:
A. The center's purpose and its philosophy on child care. B. The ages of children accepted. C. Services offered for special needs children in compliance with the Americans with Disabilities Act. D. The hours the center is open, specific hours during which special programs are offered, holidays when the center is closed. E. The policy regarding inclement and excessively hot weather. F. The procedure concerning admission and registration of children. G. An itemized fee schedule. H. The procedure for identifying where children are at all times. I. The policy on discipline. J. The procedure, including notification of parents or guardians, for handling children's illnesses, accidents, and injuries. K. The procedures for responding to emergencies such as lost children, tornadoes, and fires. L. The procedure for transporting children, if applicable, including transportation arrangements and parental permission for excursions and related activities. M. The written policy and procedure governing field trips, television and video viewing, and special activities, including the staff's responsibility for the supervision of children. N. The policy on children's safety related to riding in a vehicle, seating, supervision, and emergency procedures on the road. O. The procedure for releasing children from the center only to persons for whom the center has written authorization. P. The procedures followed when a child is picked up from the center after the center is closed or not picked up at all, and to ensure that all children are picked up before the staff leave for the day. Q. The procedure for caring for children who arrive late to the center and their class/group is away from the center on a field trip or excursion. R. The procedure for storing and administering children's medicines and delegation of medication administration in compliance with Section 12-38-132, C.R.S., of the "Nurse Practice Act". S. The procedure concerning children's personal belongings and money. T. The policy concerning meals and snacks. U. The policy on diapering and toilet training. V. The policy regarding visitors to the center. W. The policy on parent and staff conferences to inform the parents or guardians of the child's behavior, progress, and social and physical needs. X. The procedure for filing a complaint about child care (see 7.701.5, General Rules for Child Care Facilities). Y. The policy regarding the reporting of child abuse (see 7.701.5, General Rules for Child Care Facilities). Z. The policy regarding notification when child care service is withdrawn and when parents or guardians withdraw their children from the center.
7.702.42 Communication, Emergency, and Security Procedures [Rev. eff. 11/1/01]
(See also Sections 7.702.41, A, and 7.702.62, B)
A. The center must notify the parents or guardians in writing of significant changes in its services, policies, or procedures so that they can decide whether the center continues to meet the needs of the child. B. For security purposes, a sign-in/sign-out sheet or other mechanism for parents and guardians must be maintained daily by the center. It must include, for each child in care, the date, the child's name, the time when the child arrived at and left the center, and the parent or guardian's signature or other identifier. C. The center must have a working telephone with the number available to the public. Emergency telephone numbers of the following must be posted near the telephone: a 911 notice, where 911 is available, or rescue unit if 911 isn't available; a hospital or emergency medical clinic; the local fire, police, and health departments; and Rocky Mountain Poison Control. The telephone must be available to staff at all times that the center is in operation. D. The center must be able to provide emergency transportation to a health care facility at all times. E. The director of the center or the director's delegated substitute must have a means for determining at all times who is present at the center. F. A written policy regarding visitors to the center must be posted and a record maintained daily by the center that includes at a minimum the visitor's name and address and the purpose of the visit. At least one piece of identification must be inspected for individuals who are strangers to personnel at the center. G. The center must release the child only to the adult(s) for whom written authorization has been given and is maintained in the child's record (see 7.702.101). In an emergency, the child may also be released to an adult for whom the child's parent or guardian has given verbal authorization. If the staff member who releases the child does not know the adult, identification must be required to assure that the adult is authorized to pick up the child. H. The center must have a procedure for dealing with individuals not authorized by the parent or guardian of a child who attempts to have the child released to them. I. The center must have a written emergency procedure that explains, at a minimum, how the center will be evacuated in case of fire or other disaster requiring evacuation, how to function during a tornado alert, and the reporting of reportable communicable illnesses to the local health department pursuant to regulations of the State Department of Public Health and Environment. J. The center must have a written procedure for closing the center at the end of the day to ensure that all children are picked up.
7.702.43 Personnel Policies, Orientation, and Staff Development [Rev. eff. 5/1/07]
A. The duties and responsibilities of each staff position and the lines of authority and responsibility within the center must be in writing. B. At the time of employment, staff members must be informed of their duties and assigned a supervisor. C. Prior to working with children, the staff member must read and be instructed about the policies and procedures of the center, including those related to hygiene, sanitation, food preparation practices, proper supervision of children, and reporting of child abuse. Staff members must sign a statement indicating that they have read and understand the center's policies and procedures. D. The child care center must ensure that all staff are familiar with the licensing rules governing child care centers within 90 days of employment at the center. E. The center must have a staff development plan that includes a minimum of fifteen (15) clock hours of training each year for all staff. The training must relate to one or more of the following areas--child growth and development, healthy and safe environment, developmentally appropriate practices, guidance, family relationships, cultural and individual diversity, and professionalism. F. All staff must complete at least 1-1/2 hours of training in universal precautions within 3 months of employment at the center and at least every 3 years thereafter. Renewal of universal precautions training may be part of the first aid training. G. If volunteers are used by the center, there must be a clearly established policy in regard to their function, orientation, and supervision. See also Section 7.702.54, D.
7.702.5 PERSONNEL
7.702.51 General Requirements for All Personnel [Rev. eff. 1/1/04]
A. All personnel at the center must demonstrate an interest in and a knowledge of children and concern for their proper care and well-being. B. The center must determine if any staff person who works at the center has ever been convicted of a crime as found at Section 7.701, D, 5 or 6, of the General Rules for Child Care Facilities. C. A criminal record check request must be submitted to the Colorado Bureau of Investigation within 5 days that an individual is employed by the center. The personnel file of each staff member of the center must contain clearance or arrest report from the Colorado Bureau of Investigation resulting from the staff member's criminal record check. The requirement for a criminal record check is found in Section 7.701.33 of the General Rules for Child Care Facilities. D. A request for a review of the State Department's automated system must be made within 10 working days of each staff member's first day of employment. The method for making the request is found in Section 7.701.32 of the General Rules for Child Care Facilities. E. Staff members must be current for all immunizations routinely recommended for adults by their health care provider. F. All staff members must submit to the center a medical statement, signed and dated by a licensed physician or other health care professional, verifying that they are in good mental, physical, and emotional health appropriate for the position for which they have been hired. This statement must be dated no more than 6 months prior to employment or within 30 days after the date of employment. This statement must indicate when subsequent medical statements are required. Subsequent medical statements must be submitted as required in writing by a physician or other health care professional. G. If, in the opinion of a physician or mental health practitioner, an employee's examination or test results indicate a physical, emotional, or mental condition that could be hazardous to a child, other staff, or self, or that would prevent satisfactory performance of duties must not be assigned or returned to a position until the condition is cleared to the satisfaction of the examining physician.
7.702.52 Director Qualifications - Large Child Care Center [Rev. eff. 2/1/05]
A. The educational requirements for the director of a large center must be met by satisfactory completion of one of the following. (All course hours are given in semester hours, but equivalent quarter hours are acceptable.) Official college transcripts must be submitted to the Department for evaluation of qualifications. 1. A bachelor's or master's degree with major emphasis in child development, early childhood education, or early childhood special education, including the minimum course work outlined at Section 7.702.52, A, 5, from a regionally accredited college or university. No additional experience is required. 2. A bachelor's degree in elementary education from a regionally accredited college or university including course credits in the following topics: a. Three semester hours or equivalent in child growth and development or child psychology. b. Three semester hours or equivalent in methods and techniques of teaching the preschool-age child. c. A total of 6 semester hours or equivalent quarter hours in 2 classes: health, nutrition and safety; and administration of a child care center which must be at least 3 semester or equivalent quarter hours; or Directors of public school preschools must attend a department-approved course of training in nutrition and implementation of rules regulating child care. 3. A 2-year college degree in child development or early childhood education from a regionally accredited college or university, including 24 semester hours in courses listed at Section 7.702.52, A, 5. 4. All individuals holding an approval letter for director qualifications from the Department of Human Services with a date of January 1, 2002 or earlier are considered director qualified. Prior to January 1, 2002, individuals are required to complete a minimum of 24 semester hours of college credit from a regionally accredited college or university in the following courses: a. Twelve semester hours in the area of early child growth and development and early childhood education. At least 1 course must be completed in child psychology or early child growth and development and 1 course in methods and techniques in teaching the preschool-age child. A maximum of 3 semester hours in a supervised student participation course will be counted toward the 12 semester hour requirement. This practicum must be with children from birth to 6 years of age. b. Three semester or equivalent quarter hours in psychology. c. Three semester or equivalent quarter hours in sociology. d. A total of 6 semester or equivalent quarter hours in nutrition and administration of a child care center with at least 3 semester hours in administration. 5. After January 1, 2002, all individuals submitting official transcripts for evaluation and/or completing necessary college coursework to become qualified as a director of a large center must complete a 3 semester hour or equivalent quarter hour course from a regionally accredited college or university in each of the following subject areas (a total of 24 semester hours or equivalent quarter hours): a. Introduction to Early Childhood Professions b. Introduction to Early Childhood Lab Techniques c. Guidance Strategies for Children d. Health, Nutrition, and Safety e. Administration of Early Childhood Care and Education Programs f. Administration: Human Relations for Early Childhood Professions g. Methods and Techniques of Teaching the Preschool-Age Child h. Early Childhood Growth and Development B. The experience requirements for the director of a large center must be met by completion of the following amount of work experience in a child development program, which includes working with a group of children in such programs as a preschool, child care center, kindergarten, or Head Start program: 1. Persons with a 2-year college degree in early childhood education or child development must have 12 months (1,820 hours) of verified experience working directly with children in a child development program. 2. Persons with a bachelor's degree and completion of courses specified in Sections 7.702.52, A, 2, or 7.702.52, A, 5, must have 12 months (1,820 hours) of verified experience working directly with children in a child development program. 3. Persons who have no degree but have completed the 24 semester hours specified in Section 7.702.52, A, 5, must have 24 months (3,640 hours) of verified experience working directly with children in a child development program. 4. Verified experience acquired in a licensed family child care home or school-age child care center may count for up to half of the required experience for director qualifications. C. Substitute directors of large child care centers who do not meet all of the director educational and experience requirements may substitute for the director for a maximum of 2 weeks per calendar year if they meet one or more of the following requirements: 1. At least one year of experience as group leader at the center. 2. A Bachelor of Arts or Bachelor of Science in the human services field. 3. Qualification as group leader and completion of at least half of the required coursework for director qualifications including the administration class. D. Whenever the director of a drop-in child care center cannot be present fifty percent (50%) of any day the center is in operation, a substitute that meets one of the following qualifications must be present: 1. At least one (1) year of experience as a qualified group leader at the drop-in child care center; 2. 18 months experience as a qualified group leader with children under 12 years of age and at least six (6) months experience at the drop-in child care center; 3. A Bachelor of Arts or Bachelor of Science degree from an accredited college or university in the human services field; or, 4. Qualification as a group leader and completion of at least half of the required coursework for director qualifications, including one of the administration classes. E. In addition to the annual ongoing training of 9 hours each year, directors of large full-day child care centers operating more than 6 hours a day must complete a 3 semester hour course every 5 years in a subject related to the operation of a child care center.
7.702.53 Director Qualifications - Small Child Care Center [Rev. eff. 11/1/98]
A. The director or substitute director of a small center must have completed one of the following: 1. Three years' satisfactory experience in the group care of children and at least 3 semester hours, or 45 hours of documented training, in early childhood education; or 2. Two years' college education at an accredited college or university, with at least a 3-semester-hour course in early childhood education, and 1 year of satisfactory experience in the group care of children; or 3. Current certification as a Child Development Associate (CDA) or Certified Child Care Professional (CCP) or other department-approved credential; or 4. A 2-year college degree in child development or early childhood education from an accredited college or university. B. Satisfactory experience includes being a licensee of a family child care home; a teacher's aide or teacher in a child care center, preschool, or elementary school; or work with disabled children.
7.702.54 Qualifications for Other Staff Members [Rev. eff. 5/1/07]
A. Group Leader 1. A group leader assigned responsibility for a single group of children and working under the supervision of a director must be at least eighteen (18) years of age and must meet at least one of the following qualifications: a. A Bachelor's degree from a regionally accredited college or university. Effective May 1, 2010, Bachelor's degrees must be in one of the following areas: 1) Early childhood education; 2) Elementary education; 3) Special education; 4) Family and child development; 5) Child psychology. b. A 2-year college degree in child development or early childhood education from a regionally accredited college or university. c. Current certification as a Child Development Associate (CDA) or Certified Child Care Professional (CCP) or other Department-approved credential. d. Completion of two (2) years of college education, sixty (60) semester hours, from a regionally accredited college or university with at least 1 college course in child development, plus six (6) months (910 hours) of verified experience in the care and supervision of four (4) or more children under six (6) years of age who are not related to the individual. e. Twelve semester hours in college-level credits from a regionally accredited college or university in the area of child growth and development and/or early childhood education, plus nine (9) months (1,395 hours) of verified experience in the care and supervision of four (4) or more children under six (6) years of age who are not related to the individual. f. Completion of a course of training approved by the department that includes training and work experience with children. g. Completion of a vocational or occupational education sequence in child growth and development plus twelve (12) months (1,820 hours) of verified experience in the care and supervision of four (4) or more children under six (6) years of age who are not related to the individual. h. Thirty-six (36) months (5,460 hours) of verified experience in the care and supervision of four (4) or more children under six (6) years of age who are not related to the individual. This option to be group leader qualified will not be available after May 1, 2010. i. Twenty-four (24) months (3640 hours) of verified experience in the care and supervision of four (4) or more children under six (6) years of age who are no related to the individual plus either; 1) A current Colorado Level I credential; or, 2) Two (2) three-credit college courses from a regionally accredited college or university with one course being Introduction to Early Childhood Education. 2. An assistant group leader must be at least twenty-one (21) years old and have at least one (1) year (1,820 hours) of verified experience in the care and supervision of four (4) or more children under six (6) years of age who are not related to the individual. 3. Satisfactory experience includes being a licensee of a family child care home; a teacher's aide or teacher in a child care center, preschool, or elementary school; or work with disabled children. 4. All college course grades toward group leader qualifications must be "C" or better. B. Kindergarten Teacher Each teacher of a kindergarten class must have the same qualifications as a director for a large center (see Section 7.702.52) or be state certified or licensed as an elementary or early childhood teacher. C. Staff Aide Staff aides must be at least 16 years of age and must work directly under the supervision of the director or a group leader. Infant Staff Aides must be at least 18 years of age. D. Volunteers (See also Section 7.702.43, G) 1. Volunteers must have qualifications suitable to the tasks they are assigned. 2. Volunteers must be supervised and given instruction as to the center's policies and procedures.
7.702.55 Required Staff and Supervision [Rev. eff. 2/1/05]
A. Staff-Child Ratios 1. At any time when 9 or more children are present at the center, at least 2 adult staff members must be on duty. When 8 or fewer children are present, there must be at least 1 adult staff member working with the children and a second adult on call and immediately available. 2. The director or director substitute of the center must be present at the center at least 60 percent of any day that the center is open. 3. The director or substitute director of an extended hour drop-in child care center operating at least six days per week must be present at the center or involved in director activities at least fifty percent (50%) of the hours of operation of any day the center is in operation. a. If the director is not on site at the center for a portion of any day the center is in operation, the director must be available by phone. b. The director must be present in the center at least 30 hours each week. 4. There must be assigned at least a qualified group leader for each group of children. 5. In determining staff-child ratios, only staff members who work directly with children are counted. 6. Formal kindergarten class sessions must have 1 staff member for each 25 or fewer children in attendance. At other parts of the day when children are in attendance, the ratio must be 1 staff member to each 15 or fewer children. 7. Children of the director or of staff members who attend the center and other children on the premises for supervision and care must be counted against the licensed capacity in the appropriate age groups. 8. In determining staff-child ratios, children who are in attendance for only part of the day are counted only while at the center. 9. Staff-Child Ratios
AGES OF CHILDREN NUMBER OF STAFF
6 weeks to 18 months (infants) 1 staff member to 5 infants
12 months to 36 months 1 staff member to 5 toddlers
24 months to 36 months 1 staff member to 7 toddlers
2 1/2 years to 3 years 1 staff member to 8 children
3 years to 4 years 1 staff member to 10 children
4 years to 5 years 1 staff member to 12 children
5 years and older 1 staff member to 15 children
Mixed age group 2 1/2 years to 6 years 1 staff member to 10 children
In other preschool age combinations, the staff ratio for the youngest child must be utilized if more than 20% of the group is composed of younger children. Drop-in child care centers may follow a ratio of one (1) adult for every eight (8) children for children in a mixed age group of 2 years of age to 12 years. 1-2 children 1 year of age to 2 years of age may join the preschool age group of children for short periods of time for structured activities as long as the 1 year old children are safely confined in a toddler seat or high chair. 10. Maximum Group Size for Children
AGES OF CHILDREN MAXIMUM GROUP SIZE
6 weeks to 18 months 10 infants
12 months to 36 months 10 toddlers
24 months to 36 months 14 toddlers
2 1/2 years to 3 years 16 children
3 years to 4 years 20 children
4 years to 5 years 24 children
5 years and older 30 children
Mixed age group 2 1/2 to 6 years of age 20 children
In other preschool age combinations, the maximum group size for the youngest child must be utilized if more than 20% of the group is composed of younger children. Preschool age and school-age groups of children must be separated into age-appropriate activities. Groups are not required to be separated from each other by permanent or portable dividers or walls. Toddler-age groups of children must be separated from each other by permanent or portable dividers or other methods as approved by the Department. B. Service/Housekeeping Personnel 1. Service personnel must be available for housekeeping and food preparation as needed for adequate operation and maintenance of the center. 2. Assignment of housekeeping and maintenance duties to child care staff must not interfere with their supervisory responsibilities and child care duties. C. Health Consultant 1. Staff must consult with a currently Colorado licensed registered nurse with knowledge and experience in maternal and child health, a pediatric nurse practitioner or a family nurse practitioner, or a pediatrician at least once a month at the child care facility. The monthly consultation must be specific to the needs of the facility and include some of the following topics: training, delegation and supervision of medication administration and special health procedures, health care, hygiene, disease prevention, equipment safety, nutrition, interaction between children and adult caregivers, and normal growth and development. In part day preschools that operate less than four (4) hours per day or drop-in child care centers, consultation must occur as often as the nurse delegating medications requires. 2. The date and content of each consultation must be recorded and maintained in the center's files. D. Substitutes 1. Qualified staff must be available to substitute for regularly assigned staff who are sick, on vacation, or otherwise unable to be on duty. 2. In the absence of the director of a small center, an individual who meets director qualifications for a small center must substitute for the director. 3. When the director of a large center is absent from the center, a staff member meeting group leader qualifications (see Section 7.702.54, A) must be in charge of the center. When 8 or fewer children of mixed ages are present at the center, with no more than 2 under 2 years of age, an assistant group leader may be in charge for no more than 1 hour of the day or for a longer period of time in extremely low attendance situations. 4. If the director of a large center cannot be present 60 percent of any day, a center staff member or other individual who meets director qualifications for a large center must substitute for the director. 5. When there is a director vacancy, a director-qualified substitute must be at the center at least 60 percent of any day the center is open until a new director is appointed. 6. Substitutes for directors of part-day public school preschools may be from the sponsoring school system's list of approved substitutes. Substitutes who do not meet director qualifications must consult with a qualified director on administering the center in accordance with early childhood principles and practices and licensing rules.
7.702.56 Infant Nursery Staff [Rev. eff. 11/1/01]
A. Staff Requirements 1. If a center operates solely as an infant nursery, there must be a director who meets the qualifications for a director of either a small center or a large center (Sections 7.702.52 and 7.702.53), depending upon the number of children for which the infant center is licensed. 2. The infant nursery must have an infant nursery supervisor who has verified training and experience in one of the following: a. A registered nurse, licensed to practice in Colorado, with a minimum of 6 months of experience in the care of infants, which may include parenting experience with an infant. b. A licensed practical nurse with 12 months of experience in the care of infants, which may include parenting experience with an infant. c. An adult who holds a certificate in infant and toddler care from an accredited college or university with completion of a minimum of 30 semester hours in subject matter described in Section 7.702.56, A, 2, e. d. An adult who is certified as a Child Development Associate (CDA) or Certified Child Care Professional (CCP). e. An adult who: -- is at least 19 years of age, and -- is qualified as a group leader (Section 7.702.56, A, 4), and -- has a minimum of 12 months of verifiable full-day experience in the group care of infants or toddlers; and, -- has completed at least 3 semester hours or equivalent in college courses on the development and care of infants and toddlers in a group setting or has successfully completed a course of training approved by the Department specific to the development and care of infants and toddlers in a group setting. Content in such courses must include the following subject matter: child growth and development, infant stimulation, nutrition, and care practices with children birth to 3 years old. f. An adult who: -- is at least 19 years of age, and -- is qualified as a group leader (Section 7.702.56, A, 4), and -- has at least 2 years of verifiable full-day experience in the group care of infants or toddlers, and -- will complete within the first 6 months of employment 3 semester hours or equivalent quarter hours of college courses or successfully complete a course of training approved by the Department specific to the development and care of infants and toddlers in a group setting with content as described in Section 7.702.56, A, 2, e. g. An adult who has had 5 years of verifiable full-day, supervised experience in the care of children under 3 years of age. 3. An infant nursery group leader must have completed 8 hours of orientation in the infant nursery; have at least 6 months of experience in the care of infants or toddlers, which may include parenting experience; and must meet qualifications for a group leader found at Section 7.702.54, A, or be qualified as an infant nursery supervisor. 4. The infant nursery staff aide must be at least 18 years old, must have completed 8 hours of orientation at the infant nursery, and must work under the direct supervision of an infant group leader. 5. There must be at least 1 staff member on duty in each infant room at all times who holds a current department-approved first aid and safety certificate that includes CPR for all ages of children. B. Required Staff and Supervision (See chart in Section 7.702.55) 1. In the infant nursery there must be a qualified infant nursery supervisor present 60 percent of the hours of operation of the infant nursery who is responsible for the care of the infants. An individual qualified as an infant nursery group leader must be responsible during the remaining time. 2. The infant nursery supervisor or an infant nursery group leader must be assigned to each group of 10 or fewer infants in attendance. An infant nursery staff aide may be assigned to assist the infant nursery supervisor or group leader when 6 through 10 infants are in care in the group to maintain the staff ratio of 1 adult for each 5 infants. 3. There must be assigned at least 1 infant nursery supervisor in the infant nursery for each 20 or fewer infants in attendance.
7.702.57 Toddler Nursery Staff
A. Staff Requirements 1. If a center operates solely as a toddler nursery, there must be a director who meets the qualifications for a director of either a large center or a small center (7.702.52 and 7.702.53), depending upon the number of children for which the toddler center is licensed. 2. The toddler group leader, a staff member assigned responsibility for a single group and working under the supervision of the director, must meet at least one of the following qualifications: a. A registered nurse, licensed to practice in Colorado, with a minimum of 6 months of experience in the care of infants and/or toddlers. b. An adult who holds a certificate in infant and toddler care from an accredited college or university with completion of at least 30 semester hours or equivalent in such courses as child growth and development, nutrition, and care practices with children birth to 3 years old. c. An adult who is certified as a Child Development Associate (CDA) or Certified Child Care Professional (CCP) or holds another Department-approved certificate. d. A licensed practical nurse with at least 12 months of verifiable experience in the care of children less than 3 years old. e. An adult who meets the education and experience requirements for group leader of a large center (Section 7.702.54, A). 3. Staff aides must be at least 16 years of age, must work directly under the supervision of the director or a toddler group leader, and must have completed 8 hours of orientation at the toddler nursery. 4. For every 15 or fewer toddlers, there must be at least 1 staff member in the toddler nursery at all times who has a current Department-approved first aid and safety certificate that includes CPR for all ages of children. B. Staff-Child Ratio & Group Size (See chart in Section 7.702.55) One qualified toddler group leader must be assigned to each group at all times, and additional staff must be assigned to meet the required staff-child ratio.
7.702.58 Infant and Toddler Nurseries Affiliated with Public School Teen Parent Programs
A. Infant nursery programs affiliated with teen parent programs that are operated by accredited public school systems and on school premises may substitute the following age requirements for those at Section 7.702.2, B, 3. 1. The minimum age of infants in care is 7 days. 2. Infants between the ages of 7 and 14 days may be accepted for care only with written approval from a health care professional and if there are no medical complications for the infant and/or teen mother. 3. Infants 14 days of age and over may be accepted for care if there are no medical complications for the infant and/or teen mother. 4. The maximum age of infants in care may be extended only in those situations where no teen parent program toddler nursery exists. In this circumstance, an infant may remain in the infant nursery until the end of the school semester in which the infant becomes 18 months old. B. Infant and toddler nursery programs affiliated with teen parent programs that are operated by accredited public school systems on school premises may substitute the following staff requirements for those at 7.702.56 and 7.702.57: 1. Director qualifications may be met by a certified teacher with a major in home economics education or a vocationally credentialed teacher in consumer and homemaking or early childhood occupations. The director must complete at least 3 semester hours in administration of a child care center. 2. The director must be present in the nursery or adjacent teen parent classroom at least 60 percent of any day the center is open. 3. If the director cannot be present 60 percent of any day, an individual who meets director qualifications must substitute for the director. 4. Infant staff aides must be at least 15 years of age and may be parents-to-be, parents of enrolled infants, or students enrolled in a child care related course with the sponsoring school system. 5. Substitutes for nursery staff must be from the sponsoring school system's list of approved substitute nursery staff members. Substitutes who do not meet minimum staff qualifications can work in the nursery no more than 10 consecutive days per assignment. 6. Substitutes for nursery staff must hold a current department-approved first aid and safety certificate that includes CPR for all ages of children.
7.702.6 CHILD CARE SERVICES
7.702.61 Admission Procedure [Rev. eff. 11/1/01]
A. The center can accept children only of the ages for which it has been licensed. At no time can the number of children in attendance exceed the number for which the center has been licensed. B. Admission procedures must be completed prior to the child's attendance at the center and must include: 1. A pre-admission interview with the child's parent(s) or guardian(s) to determine whether the services offered by the center will meet the needs of the child and the parent(s) or guardian(s). 2. Explanation of the center's policies and procedures. Parents' signatures must be secured, indicating that they have read and agree to the center's policies and procedures. 3. Completion of the registration information required for inclusion in the child's record as required in Section 7.702.101. C. Special Needs Children 1. The admission of a child with special needs must be in compliance with the Americans with Disabilities Act, and a reasonable effort must be made to accommodate the child's needs and to integrate the child with other children. (See General Rules for Child Care Facilities, Section 7.701.14) 2. Upon enrollment of a child with special health care needs, the center must obtain from the child's parent or guardian a copy of an existing individualized health care plan for the child that can be reviewed, adopted, and implemented by the center staff when providing child care services to the child. An individualized health care plan shall include the following as needed for the child and must be signed by the health care provider: a. medication schedule b. nutrition and feeding instructions c. medical equipment or adaptive devices, including instructions d. medical emergency instructions e. toileting and personal hygiene instructions 3. For a child with special health care needs, the center must obtain written instructions for providing services from the child's parents or legal guardian and the health care provider. If the child with special health care needs does not have an existing individualized health care plan, the individualized health care plan must be completed within 30 calendar days of the child's enrollment. 4. The plan must be updated at least every 12 months from the date of the initial plan or as changes occur. 5. The center must inform its child care health consultant as soon as possible of the enrollment of a child with special health care needs so staff can receive training and support as indicated by the child's individualized health care plan. D. If the parent agrees that the center should care for a child in the infant nursery who is 18 months or older, the center must have on file a written statement from a licensed physician confirming that care for the child is appropriate in this infant nursery. E. If the parent agrees that the center should care for a child in the toddler nursery who is 12 months old but not walking independently, or is over 36 months old, the center must have on file a written statement from a licensed physician confirming that care for the child is appropriate in this toddler nursery.
7.702.62 Health Care [Rev. eff. 4/1/06]
A. Statements of Health Status 1. At the time of admission, the center must obtain health information for each child entering the center, including any known allergies, medication being taken, special diets required, or any chronic health condition. The name, address, and phone number of the child's physician and dentist must be provided. The Center must also obtain information regarding all immunizations a child has had, including month, date, and year each immunization was administered. Immunizations must be recorded on the certificate of immunization form supplied by the Colorado Department of Public Health and Environment (CDPHE) or an approved alternate certificate approved by CDPHE. If immunizations are contraindicated because of a medical condition, a statement from the child's health care provider must be on file. 2. The parent or guardian of each child 2 1/2 years of age and over must submit a statement of the child's current health status signed and dated by an approved health care professional who has seen the child within the last 12 months. The statement of health status must be obtained at the time of admission or within 30 days after admission or for a drop-in child care center at the second visit, whichever is longer, must be kept at the Center. If a child has an identified health condition or developmental concern including, but not limited to, seizures, asthma, diabetes, allergies, heart or respiratory conditions, and physical disabilities, information and instruction on care of the child must be included on the statement of health status signed by the physician. The Center has the right to refuse to admit a child if a statement from an approved health care professional is not submitted. 3. Subsequent statements of the child's current health status, signed and dated by an approved health care professional, must be obtained at least annually for each child 2 to 6 years of age and whenever the director has reason to suspect that a child participating in the program may have a condition potentially hazardous to others, or finds that the child's general condition indicates the need for such examination. 4. For children 6 years of age and older or who have completed the first grade, subsequent statements of health status must be submitted every 3 years thereafter. 5. For children attending a drop-in child care center, subsequent statements are not necessary if there have been no health changes in the child and the parent(s) attest in writing to the health status of the child on an annual basis. Children with special medical needs must have the statement from a health care professional as indicated at Section 7.702.62, A, 3-4. 6. If a parent or guardian of a child wishes an exemption from the requirement for immunizations due to religious or personal beliefs, a written statement signed by the child's parent or guardian which states the reason for such an exemption and that the child is in good health must be submitted to the center. The center has the right to refuse to admit the child if a statement from an approved health care professional is not submitted. Parents must be notified in writing prior to their child's enrollment in the Center if non-immunized children are admitted to the Center. This information must be contained in the policies required at Section 7.702.41, F. 7. In an infant nursery, at the time of admission or within 30 days, each infant's parent or guardian must submit a statement dated and signed by an approved health care professional. The statement must include information about the infant's health status and special needs. All immunizations must be recorded on the Certificate of Immunization supplied by CDPHE or an approved alternate certificate approved by CDPHE, including month, day, and year each immunization was administered, and must be on file the first day of admission. Infants and toddlers under 2 years of age must follow the recommended Academy of Pediatrics schedule for routine health assessments. 8. In a toddler nursery, at the time of admission or within 30 days, each toddler's parent or guardian must submit a statement of the child's health status as required at Section 7.702.62, A, 2, signed and dated by an approved health care professional who has seen the child within the last 6 months. B. Emergency Procedures 1. At the time of admission, the center must obtain telephone numbers of the child's physician or other appropriate health care professional and numbers where the parent or guardian and at least 1 other responsible adult can typically be reached in the event of accident, illness, or other emergency. 2. The center must obtain written authority to arrange for medical care in the event of an emergency. This information must be on file the first day a child attends the center. 3. When accidents, injuries, or illnesses occur, the director or responsible adult in charge must notify the parent or guardian of the child and if necessary call the physician or medical facility as instructed in writing by the parent or guardian. 4. For every 30 or fewer children in attendance, there must be at least one (1) staff member on duty who holds a current department-approved first aid and safety certificate (including CPR for all ages of children) and is responsible for administering first aid and CPR to children. Such individuals must be with the children at all times when the center is in operation. If children are at different locations, there must be a first aid and CPR qualified staff member at each location. 5. Children too ill to remain in the group must be comfortably cared for and supervised until they can be taken home or suitably cared for elsewhere. 6. Portable first aid kits must be available to staff at all times, including field trips, and must be located out of reach of children and maintained in a sanitary condition. First aid kits must be checked and restocked on at least a monthly basis. C. Medication 1. Prescription and non-prescription (over-the-counter) medications for eyes or ears, all oral medications, topical medications inhaled medications, and certain emergency injections can be administered only with the written order of a person with prescriptive authority and with written parental consent. Centers may administer medications for chronic health conditions or emergency situations. 2. The written order by the licensed prescribing practitioner must include: · Child's name · Licensed prescribing practitioner name, telephone number, and signature · Date authorized · Name of medication and dosage · Time of day medication is to be given · Route of medication · Length of time the medication is to be given · Reason for medication (unless this information needs to remain confidential) · Side effects or reactions to watch for · Special instructions 3. Medications must be kept in the original labeled bottle or container. Prescription medications must contain the original pharmacy label that lists: · Child's name · Prescribing practitioner's name · Pharmacy name and telephone number · Date prescription was filled · Expiration date of the medication · Name of the medication · Dosage · How often to give the medication · Length of time the medication is to be given Over-the-counter medication must be kept in the originally labeled container and be labeled with the child's first and last name. 4. In the case medication needs to be given on an ongoing, long-term basis, the authorization and consent forms must be reauthorized on an annual basis. Any changes in the original medication authorization require a new written order by the prescribing practitioner and a change in the prescription label. Verbal orders taken from the licensed prescriber may be accepted only by a licensed registered nurse. 5. All child care staff designated by the center director to give medications must complete the 4-hour Department-approved medication administration training and have current first aid and universal precautions training prior to administering medication. Staff of drop-in child care centers may complete training from their nurse consultant delegating medication. 6. The center's licensed health consultant: · Must observe and document the competency of each staff member involved in medication administration · Must delegate to one or more of the child care staff the task of medication administration, to include routine medications only. For medications not covered in the medication training, the health consultant must provide additional training, delegate on a one-to-one (1:1) basis, and provide ongoing supervision. 7. Medications must be kept in an area, locked and inaccessible to children. Controlled medications must be counted and safely secured, and specific policies regarding their handling require special attention in the center's policies. Access to these medications must be limited (see Section 12-22-318, C.R.S.). 8. Children are not allowed to bring medications to child care unless accompanied by a responsible adult. If a medication is out of date or left over, parents are responsible for picking up the medication. If parents do not respond, the center is responsible for the disposal of medications according to center policy and procedures. Disposal of medications must be documented. 9. A written medication log must be kept for each child. This log is part of the child's records. The log must contain the following: · Child's name · Name of the medication, dosage, and route · Time medication is to be given · Special instructions · Name and initials of the individuals giving the medication · Notation if the medication was not given and the reason 10. Topical preparations such as petroleum jelly, diaper rash ointments, sunscreen, bug sprays, and other ointments may be administered to children with written parental authorization. These preparations may not be applied to open wounds or broken skin unless there is a written order by the prescribing practitioner. D. Sun Protection 1. The center must obtain the parent or guardian's written authorization and instructions for applying sunscreen to their children's exposed skin prior to outside play. A doctor's permission is not needed to use sunscreen at the center. 2. When supplied for an individual child, the sunscreen must be labeled with the child's first and last name. 3. If sunscreen is provided by the center, parents must be notified in advance, in writing, of the type of sunscreen the center will use. 4. Children over 4 years of age may apply sunscreen to themselves under the direct supervision of a staff member. E. Control of Communicable Illnesses 1. When children have been diagnosed with a communicable illness such as hepatitis, measles, mumps, meningitis, diphtheria, rubella, salmonella, tuberculosis, giardia or shigella, the center must immediately notify the local health department or the State Department of Public Health and Environment, all staff members, and all parents and guardians of children in care. Children's confidentiality must be maintained. 2. The director must ask parents to report exposure of a child to communicable illness outside of the center, and, at the discretion of the director, the child should be excluded from the center for the period of time prescribed by the child's physician or by the local health department.
7.702.63 Personal Hygiene [Rev. eff. 10/1/03]
A. Hand Washing Children's hand washing must be supervised and must be taught when necessary. B. Diapering (See also Section 7.702.83, A, 3) The center must have one or more designated diaper change areas for all children in need of diaper changing. The diaper change area must: 1. Be a minimum of 36 by 18 inches in size and large enough to accommodate the size of the child 2. Be adjacent to or within reach of a hand washing sink 3. Have a place inaccessible to children for storing all diaper change supplies and disinfecting solutions and products 4. Have a sufficient supply of diapers at all times.
7.702.64 Physical Care [Rev. eff. 2/1/05]
A. General 1. All children must be under direct supervision of a responsible adult at all times. 2. The time a child arrives and leaves the center each day must be recorded. Attendance verification must be made periodically throughout the day by staff members at the center. 3. The center must provide a rest period for all preschool-age children remaining in the center longer than 4 hours. A rest period and rest equipment must also be provided for older children who require a rest time. 4. The center must provide mats or cots and a designated rest period for all preschool age children. Drop-in child care centers must provide mats or cots for at least fity percent (50%) of the licensed capacity of the center. Children must not be forced to sleep. Children who do not sleep after a reasonable period of time must be provided with appropriate quiet toys and equipment to play with, such as puzzles or books. 5. The center must ensure that children are dressed appropriately for the weather before going outside. B. Infant and Toddler Nurseries 1. The staff must have daily contact with adults who transport the infants and toddlers to and from the center. 2. Children must not be confined for prolonged periods of time to cribs, playpens, swings, high chairs, infant seats, or other equipment that confines movement. They must have an opportunity each day for freedom of movement, such as creeping, crawling, or walking in a safe, clean, open, uncluttered area. 3. Throughout the day, each child must have frequent, individual, personal contact and attention from an adult, such as being held, rocked, taken on walks inside and outside the center, talked to, and sung to. 4. There must be no attempt to toilet train children under the age of 18 months. 5. Staff must investigate whenever children cry. 6. Children must be allowed to form and observe their own pattern of sleep and waking periods. Special provision must be made so that children requiring a morning nap time have a separate area for their nap apart from space used for play. 7. Infant monitors may be used in separate sleeping rooms for infants under the following conditions: a. The sound monitoring equipment is able to pick up the sounds of all sleeping infants. Additional equipment must be provided as necessary to provide adequate coverage. b. The receiver of the sound monitoring equipment is actively monitored by staff at all times. c. Sleeping infants are physically monitored and periodically checked by a staff member. d. Sound monitoring equipment is regularly checked to assure that it is working correctly.
7.702.65 Food and Nutrition [Rev. eff. 10/1/03]
A. Meals & Snacks 1. Meals and nutritious snacks must be served at suitable intervals. Children who are at the center for more than 4 hours, day or evening, must be offered a meal that meets at least one-third of the child's daily nutritional needs. 2. The size of servings must be suitable for the child's age and appetite, and sufficient time must be allowed so that meals are unhurried. 3. In centers that do not regularly provide a meal, if a child brings a meal from home that does not appear to meet one-third of the child's daily nutritional needs, the center must have foods available to supplement that meal. 4. Staff members must sit with the children and encourage them to try a variety of food served. During meals, children should be encouraged to engage in conversation and to express their independence. 5. All food prepared by the center must be from sources approved by the local health department or the State Department of Public Health and Environment. All food must be prepared, served, and stored in such a manner as to be clean, wholesome, free from spoilage, and safe for human consumption. Home-canned vegetables, fruits, and meats cannot be served. 6. Meal menus must be planned at least 1 week in advance, dated, and posted in a place visible to parents. After use, menus must be filed and retained for 3 months. Records must be available for periodic review and evaluation. B. Feeding the Infant 1. An individualized diet and feeding schedule must be provided according to a written plan submitted by the parent or by the child's physician with the knowledge and consent of the parent. A change of diet and schedule must be noted on each child's daily activity schedule and posted in an area clearly visible to the nursery staff. 2. Commercially prepared formula must be mixed according to the manufacturer's direction. 3. All infants under 6 months of age must be held for bottle feeding. Bottles must not be propped. Older infants must not be allowed to hold their own bottles when lying flat. Bottles must not be allowed in a crib with the infant. 4. Older infants must be provided with suitable solid foods that encourage freedom in self-feeding and must be fed in safe chairs such as high chairs or baby-feeding tables. 5. When the infant nursery provides food other than formula, food must be varied and include food from cereal, vegetable, fruit, and protein sources. When the center does not provide solid food, it must supply any additional foods and/or monitor the infant's total nutritional intake. 6. There must be a sufficient supply of bottles provided for the entire day; or if nursing bottles are to be reused, they must be washed, rinsed, and sanitized after each use. 7. Bottles of formula or breast milk must never be warmed in a microwave oven. 8. A staff member may not mix cereal with formula and feed it to an infant from a bottle or infant feeder unless there are written instructions from the child¿s health care provider. C. Feeding the Toddler 1. Staff members must either feed toddlers or supervise them when they are eating, and children must be encouraged to try a variety of food served. 2. Toddlers must be sitting when drinking from a bottle. Bottles must not be allowed during nap time after the first 30 days in care. 3. Commercially prepared formula must be mixed according to the manufacturer's direction and each bottle marked with the child's name. 4. There must be a sufficient supply of bottles provided for the entire day; or if nursing bottles are to be reused, they must be washed, rinsed, and sanitized after each use.
7.702.66 Discipline [Rev. eff. 11/1/98]
A. Children must not be subjected to physical or emotional harm or humiliation. B. The director must not use, or permit a staff person or child to use, corporal or other harsh punishment, including but not limited to pinching, shaking, spanking, punching, biting, kicking, rough handling, hair pulling, or any humiliating or frightening method of discipline. C. Discipline must not be associated with food, rest, or toileting. No child should be punished for toileting accidents. Food must not be denied to or forced upon a child as a disciplinary measure. D. Separation, when used as discipline, must be brief and appropriate for the child's age. The child must be in a safe, lighted, well-ventilated area and be within sight and hearing of an adult. The child must not be isolated in a locked, closed room or closet. E. Verbal abuse and derogatory remarks about the child are not permitted.
7.702.67 Overnight Care [Rev. eff. 11/1/98]
A. All of the provisions required in Section 7.702 of these rules for child care centers apply to centers offering overnight care of children (care that extends through a large portion of the night). In addition, centers must observe the following provisions: B. A nutritious evening meal must be made available to children. C. Quiet activities must immediately precede the children's bedtime. D. Children's faces and hands must be washed, and children must be changed into comfortable clothing for sleeping. E. Each child must be provided with a comfortable separate bed, crib, or cot suitable for the child's age or a 2-inch sleeping mat or mattress. Each child must also be provided with sheets and a clean, washable covering. If mats or mattresses are used, the room temperature at floor level must be 68 to 72 degrees. Pads and mattresses must be fitted with a clean, washable, removable covering. Permission of parents or guardians must be obtained for each child who uses a sleeping mat or mattress placed on the floor. F. All children must be directly supervised at all times. G. The staff-child ratio for sleeping children is 1 adult when 6 or fewer children are in attendance and 2 adults when 7 to 12 children are in attendance, plus 1 adult for each additional 6 or fewer children.
7.702.68 Activities [Rev. eff. 11/1/98]
A. Activity Schedules 1. The center must carry out a planned program suitable to the needs of the children. This program must be described in writing and be available for review when requested by the department or by parents or guardians of children in care. 2. The program must include outdoor play each day except when the severity of weather, including temperature extremes, makes it a health hazard or when a child must remain indoors due to health reasons. 3. If the center takes children on routine short excursions, such activities and locations must be posted at the center. 4. If a child participates in activities away from the facility, the center must obtain the parent or guardian's written permission for the child to participate in the activity at a specific location and day. Staff ratios found at Section 7.702.55 must be maintained. 5. Television viewing, including videos, should not be permitted without the approval of a child's parents, who must be advised of the center's policy regarding television and video viewing. B. Special Activities Staff 1. If the center engages in special activities away from the child care facility, the staff member responsible for the activity must possess evidence of appropriate experience, training, and/or certification in the program specialty. Verification of experience and/or certification must be in the staff member's personnel file at the center. This staff member must be present whenever the activity is being carried out unless otherwise indicated in these regulations. 2. The qualified supervising staff member of special activities has the following duties: a. Direct training of other staff members working in the activity. b. Assign duties to staff members. c. Assure that all staff members supervising the activity are actively participating in the supervision of children. d. Assure that all necessary equipment is complete, in good repair, and safe to use. e. Assure that environmental hazards are not severe enough to cause danger to participating children. C. Field Trips 1. The center must notify the children's parents or guardians in advance of any field trip. The staff-child ratio found at Section 7.702.55 must be maintained at all times. 2. Children must be actively supervised at all times. 3. An accurate itinerary must remain at the center. 4. The staff must have with them on a field trip the following information about each child: name, address, and phone number of the child's physician or other appropriate health care professional and the written authorization from the parent or guardian for emergency medical care. 5. A list of all children and staff on a field trip must be kept at the center. D. Swimming 1. If the center uses a public pool for which the center is not responsible, the center need not provide a lifeguard if a qualified lifeguard is provided by the pool. Staff-child ratios must be maintained, and the lifeguard must not be counted in the staff to child ratio. 2. If the public or private pool does not provide a qualified lifeguard, staff members meeting qualifications as stated at Section 7.702.68, D, 3, a, must be provided by the center. a. There must be at least 1 staff member at the pool for each 10 or fewer children. b. Swimming area rules and emergency procedures must be posted at the swimming area and explained to the children. c. Swimming is prohibited when fewer than the required qualified staff members are present. 3. If the center uses a swimming area at a lake or pond, swimming area rules and emergency procedures must be posted at the swimming area and explained to the children. a. A swimming supervisor must be present who, as a minimum, holds a current American Red Cross lifeguard training certificate or equivalent certification from a group such as the YMCA or Boy Scouts. b. An additional staff member who holds at least an American Red Cross lifeguard training certificate or equivalent must be present at the swimming area for each 30 additional children in the water. c. At least 1 staff member must be at the swimming area for each 10 or fewer children present. d. Swimming is prohibited when fewer than the required qualified staff members are present. e. Swimming areas must be clearly designated. 4. The swimming pool or swimming area must meet the standards of the Colorado Department of Public Health and Environment or its local unit. 5. Before children are permitted to swim in water deeper than shoulder height, their swimming skills must be tested by staff members who hold an American Red Cross lifeguard training certificate or equivalent. 6. Child care staff must directly supervise and monitor all children while at the swimming area. Supervision must include monitoring children for exhaustion, distress, sunburn, heatstroke, and threat of drowning. 7. The following equipment must be available for use at the pool side or the lake shore where swimming is permitted: a. A buoy or a lemon line; and b. Reach pole; and c. Backboard. 8. If swimming is permitted in a lake or a pond, a rescue boat equipped with a reach pole and a lemon line or a buoy must be available at all times. 9. If a center has shoreline activities such as wading, fishing, ecology, or nature studies, the center must have a written policy that defines qualifications of persons accompanying the group and safety guidelines to be followed. Staff members must be acquainted with the policy. 10. If the center has a permanent wading pool, children in care can use it only in the presence of an adult who holds a current American Red Cross basic lifeguarding certificate or equivalent and is responsible for providing lifesaving protection for the children. The required staff-child ratio must be maintained at all times. E. Trampolines 1. The trampoline supervisor must have formal training and experience in use of the trampoline and knowledge of safety and spotting techniques. 2. Trampolines must be equipped with pads along the sides and kept in good repair. 3. Use of the trampoline is prohibited when there is no trampoline supervisor present. 4. Trampolines must be secured from unauthorized use. 5. Only 1 child is allowed on a trampoline at any one time, regardless of the size of the trampoline. 6. Staff spotters must be posted on 4 sides of each trampoline at all times. Spotters must not stand, sit, or lie on the trampoline, but must stand in a position of readiness, watching the jumper at all times. 7. Children must dismount the trampoline by sitting on the edge and sliding off. They must not be allowed to jump off the trampoline.
7.702.69 Transportation [Rev. eff. 11/1/98]
A. Transportation Provided by the Center 1. The center is responsible for any children it transports. 2. The center must obtain written permission from parents or guardians for any transportation of their child during child care hours. 3. The number of staff members who accompany children when being transported in the vehicle must meet the child care staff ratio found at Section 7.702.55. The driver of the vehicle is considered a staff member. 4. Children must not be permitted to ride in the front seat of a vehicle unless they are 4 years old or over, more than 40 pounds, and are secured in a child restraint system that conforms to all applicable Federal Motor Vehicle Safety Standards. Children must remain seated while the vehicle is in motion. 5. Children must be loaded and unloaded out of the path of moving vehicles. 6. Children must not be permitted to stand or sit on the floor of a moving vehicle, and their arms, legs, and heads must remain inside the vehicle at all times. 7. Children must not be left unattended in the vehicle. 8. Transportation arrangements for school-age children must be by agreement between the center and the children's parents, i.e., whether the child can walk, ride a bicycle, or travel in a car. The center must monitor the children to be sure they arrive at the center when expected and follow up on their whereabouts if they are late. Written permission from parents or guardians for their children to attend community functions after school hours must include agreements regarding transportation. 9. Prior to a field trip or other excursion, the center must obtain information on liability insurance from parents and staff who transport children in their own cars and verify that all drivers have valid driver's licenses. B. Requirements for Vehicles 1. Any vehicle used for the transportation of children to and from the center or during center activities must meet the following requirements: a. The vehicle must be enclosed and have door locks. b. The seats of the vehicle must be constructed and installed according to the vehicle manufacturer's specifications. c. The vehicle must be kept in satisfactory condition to assure the safety of occupants. Vehicle tires, brakes, and lights must meet safety standards set by the Colorado Department of Revenue, Motor Vehicle Division. d. Seating must be comfortable with a seat of at least 10 inches wide for each child. 2. In passenger vehicles, which include automobiles, station wagons, and vans with a manufacturer's established capacity of 16 or fewer passengers and less than 10,000 pounds, the following is required: a. Each child must be restrained in an individual seat belt. b. Two or more children must never be restrained in 1 seat belt. c. Lap belts must be secured low and tight across the upper thighs and under the belly. d. Children must be instructed and encouraged to keep the seat belt properly fastened and adjusted. 3. In vehicles with a manufacturer's established capacity of 16 or more passengers, seat belts for passengers are not required. C. Requirements for Drivers of Vehicles 1. All drivers of vehicles transporting children must comply with applicable laws of the Colorado Department of Revenue, Motor Vehicle Division, and ordinances of the municipality in which the center operates. 2. All drivers of vehicles owned or leased by the center in which children are transported must have a current department-approved first aid and safety certificate that includes CPR for all ages of children. 3. In each vehicle used to transport children, drivers must have access to a first aid kit. 4. The driver must ensure that all doors are secured at all times when the vehicle is moving. 5. The driver must make a good faith effort to ensure that each child is properly belted throughout the trip. D. Transporting Infants and Toddlers 1. Children must be properly fastened into a child restraint system that conforms to all applicable Federal Motor Vehicle Safety Standards pursuant to Colorado law. 2. There must be at least 1 adult, in addition to the driver, for each 5 or fewer infants/toddlers being transported. Each adult must have a current department-approved first aid and safety certificate that includes CPR for all ages of children. 3. An adult must accompany each child to and from the vehicle. 4. Infants and toddlers must not be transported in the front seat of a vehicle.
7.702.7 CHILD CARE EQUIPMENT AND MATERIALS
7.702.71 General Requirements [Rev. eff. 10/1/03]
A. Indoor and outdoor play equipment and materials must be appropriate for children's ages, size, and activities. B. Indoor and outdoor materials and equipment must be sufficiently varied and appropriate for the developmental needs of the children and the number attending. C. Indoor and outdoor equipment, materials, and furnishings must be sturdy, safe, and free of hazards. D. Durable furniture such as tables and chairs must be child-sized or appropriately adapted for children's use. E. Children must wear helmets when riding scooters, bicycling, skateboarding, or rollerblading. F. In infant nurseries, an adequate number of high chairs or other suitable pieces of equipment that meet federal Consumer Product Safety Commission standards must be provided for infant feeding. G. The infant nursery must have an adult rocking chair. H. Each infant nursery must have a piece of sturdy equipment that is easily mobile and will hold a minimum of 5 infants for use in emergency exiting.
7.702.72 Play-Equipment and Materials [Rev. eff. 2/1/05]
A. Equipment and materials must be provided for both indoor and outdoor play. B. Outdoor play equipment must meet the following requirements: 1. Swings must have seats made of a flexible material. 2. Moving equipment must be located toward the edge or corner of a play area or be designed in such a way as to discourage children from running into the path of the moving equipment. 3. Metal equipment must be placed in the shade when possible and must be arranged so that children playing on one piece of equipment will not interfere with children playing on or running to another piece of equipment. 4. The maximum height of any piece of playground equipment is 6 feet if accessible to children 2-1/2 to 6 years of age, and 3 feet if accessible to children under 2-1/2 years of age. 5. All pieces of playground equipment must be designed to guard against entrapment and strangulation. 6. All pieces of permanently installed playground equipment must be surrounded by a resilient surface of a depth of at least 4 inches. By January 1, 2003, for equipment over 3 feet, resilient material must be a depth of at least 6 inches. Rubber mats manufactured for such use consistent with the guidelines of the Consumer Product Safety Commission may be used in place of resilient material for both equipment heights. 7. Sand used as a resilient surface must be raked regularly to retain its resiliency and to retain a depth of 6 inches. 8. The use of any materials under permanently installed playground equipment other than wood chips, wood mulch, engineered wood fiber, pea gravel, synthetic pea gravel, shredded rubber tires, and fine loose sand must be approved by the Department. C. The center must have enough play materials and equipment so that at any one time each child for which the center is licensed can be individually involved. Separate play rooms or separate interest centers must be provided for each category of equipment required for the program. A variety of material and equipment from the following categories must be available. 1. Art Supplies 2. Blocks and Accessories 3. Books and Posters 4. Dramatic Play Area 5. Large Muscle Equipment 6. Manipulative Toys 7. Musical Equipment 8. Science Materials D. If the center serves school-age children, it must have some age-appropriate materials and equipment from each of the following categories: 1. Arts and Crafts 2. Games 3. Sports 4. Science 5. Library E. An appropriate supply of play materials must be readily accessible to children and must be arranged in an orderly manner so that children can select, remove, and replace the play materials either independently or with minimum assistance. F. Toys and toy parts accessible to children under 3 years of age must be large enough that they cannot be swallowed or inhaled. G. Toys made of brittle, easily breakable plastic are not permitted for children under 5. H. In the infant nursery, some play equipment from the following list must be provided: mobiles, rubber washable toys, rattles, blocks, balls, record player, radio, tape player. I. In the toddler nursery, some play materials easily accessible to children must be provided from each of the following categories: 1. Gross Motor Development 2. Fine Motor Development 3. Language Development 4. Social Interaction J. Drop-in child care centers must provide access to indoor large muscle equipment, including, but not limited to, an indoor climbing structure with resilient surface underneath, an open area for indoor large muscle games, and must provide large muscle activities at least two times during each six (6) hour period of time.
7.702.73 Rest Time Equipment [Rev. eff. 2/1/05]
A. A firm cot or 2-inch mat with a sheet and blanket or other suitable covering must be provided for each preschool child remaining in the center more than 4 hours. B. Cots or pads must be spaced at least 2 feet apart on all sides during rest time. Children must have a safe area in which to rest. C. When the room provided for rest is used for other program activities, the cots, pads, and linens must be stored in an area that is not included in the required square footage assigned for play space. D. In rooms used for napping, the light must be dim at nap time to promote an atmosphere conducive to sleep. E. In the infant nursery, individual cribs must be provided that allow sufficient space for the infant's length, size, and movement. Each crib must be sturdy, meet federal Consumer Product Safety Commission standards, and have a firm, comfortable mattress with safe, department-approved plastic sheeting or other type of waterproof material. F. In the toddler nursery, a crib, sleeping cot, or 2-inch mat must be provided for each child, and there must be a minimum of 2 feet between each crib or cot. Aisles between cots or cribs must be kept free of all obstructions while cribs are occupied. No child under the age of 2 years should use a cot for sleeping without written permission of the parent or guardian. 1. Individual cribs must provide each toddler with sufficient space for the toddler's length, size, and movement, and must meet federal Consumer Product Safety Commission standards. Each crib must be fitted with a firm, comfortable mattress and heavy plastic sheeting or other type of waterproof material. If individual cribs are used, they must be separated by a sturdy divider from the area used for activities. 2. Sleeping cots and mats must be of firm construction and in good repair. G. In the infant nursery, soft bedding materials that could pose a suffocation hazard are not permitted in cribs or playpens. H. Infants who fall asleep in a swing or infant seat must be placed in their cribs for the remainder of their nap. I. Infants must be placed on their backs for sleeping. J. In the toddler nursery, a sheet and blanket or suitable covering must be provided for each child to be used only by that child.
7.702.8 BUILDINGS AND FACILITIES
7.702.81 Building Site [Rev. eff. 2/1/05]
A. General 1. Centers can be located in a private residence only when that portion of the residence to which children have access is used exclusively for the care of children during the hours the center is in operation or is separate from the living quarters of the family. 2. No other business can operate in the rooms used by the center during the hours of child care. 3. Rooms licensed for specific ages of children cannot be used for other ages of children without the prior written approval of the licensing authority. B. Infant Nursery 1. The infant nursery must be located on the grade level. 2. If the infant nursery is in the same building as a facility caring for children of other ages, the infant nursery must be physically separated in different rooms. C. Toddler Nursery 1. The toddler nursery must be located on grade level. 2. If the toddler nursery is combined with a large child care center or an infant nursery, toddler facilities, both indoor and outdoor, must be completely separate from facilities for other age groups, except as allowed by Section 7.702.83, B, 8 and 9. If the facility wishes to provide opportunities for a toddler to have occasional contact with siblings, plans must be approved by the department licensing representative. 3. A toddler nursery located in a drop-in child care center licensed for five (5) or fewer toddlers may be separated from the rest of the center by a five (5) foot wall.
7.702.82 Building Plans and Construction [Rev. eff. 11/1/98]
A. The center must comply with applicable state and local building code and zoning regulations. B. Prior to construction, architectural plans for new buildings or for extensive remodeling of existing buildings must be submitted for review and approval by the department, the local fire department, and the local building department as to appropriateness, adequacy, and suitability for child care functions.
7.702.83 Space Requirements [Rev. eff. 2/1/05]
A. Indoor Area Requirements 1. There must be open, indoor play space of at least 30 square feet of floor space per child, including space for movable furniture and equipment. Indoor space must be exclusive of kitchen, toilet rooms, office, staff rooms, hallways and stairways, closets, laundry, furnace rooms, and space occupied by permanent built-in cabinets and permanent storage shelves inaccessible to children. Child care centers in operation prior to January 1, 1966, and which continue operation under the same governing body, must provide open indoor play space of at least 25 square feet of floor space per child, including space for readily movable furniture and equipment, and with the exclusions noted in the preceding paragraph. 2. Adequate storage space must be provided for indoor and outdoor equipment and supplies. Space for reserve supplies must be in addition to the designated space allotment for children's play activities. 3. There must be at least 1 diaper change area for each 20 or fewer children in need of diaper changing. Diaper change areas must be located and arranged so as to provide privacy for older children in need of diaper changing. See also Section 7.702.63, B. 4. Number of Children Allowed in One Room
AGE OF CHILDREN MAXIMUM NUMBER OF CHILDREN IN A ROOM
6 weeks to 18 months 10 infants
12 months to 18 months 10 infants
12 months to 36 months 20 toddlers
18 months to 24 months 20 toddlers
24 months to 36 months 28 toddlers
30 months to 36 months 28 toddlers
Toddler centers licensed prior to 7/1/89 are exempt from the room
size requirement.
5. Square Footage Requirement Per Child
AGE OF CHILD SEPARATE FREE SEPARATE COMBINED SLEEP
PLAY AREA SLEEP AREA AND PLAY AREA
6 weeks to 18 months (infants) 35 square feet adequate space to 50 sq. feet
accommodate size of cribs
and needs of infants and staff
12 months to 36 months (toddlers) 30 square feet 30 square feet 45 square feet
2 1/2 years to 5 years (preschool) --- --- 30 square feet
5 years and over (school-age) --- --- 30 square feet
6. In the infant nursery, the minimum indoor space per infant for sleep and activities is 50 square feet. This space is exclusive of kitchen, toilet rooms, office, staff rooms, hallways and stairways, closets, laundry, furnace rooms, and space occupied by permanent built-in cabinets and storage shelves. a. If a separate sleep room is provided, it must have enough square footage that all babies and cribs are easily accessible to staff members. The activity room must contain at least 35 square feet per child. b. If a combination sleep/activity room is used, the sleep area must be separated by a sturdy divider from the area used for activities, and cribs must be arranged so that all babies and cribs are easily accessible to staff members. B. Outdoor Area Requirements 1. The center must provide an outdoor play area that is adjacent to or safely accessible to the indoor facilities. When the area is not adjacent, staff members must accompany children to and from the play area. Drop-in child care centers are not required to provide an outdoor play area. 2. The outdoor play area must provide a minimum of 75 square feet of space per child for a group of children using the total play area at any one time. The total play area must accommodate at least 33 percent of the licensed capacity of the center or a minimum of 1500 square feet, whichever is greater. 3. The play area must be fenced or have natural barriers, such as hedges or stationary walls at least 4 feet high, to restrict children from unsafe areas. 4. The play area must be designed so that all parts are visible and easily supervised. 5. The playground area must have at least 2 different types of surfaces. Each type of surface must cover at least 10 percent of the playground area. 6. A shaded area in the fenced play area of at least 150 square feet must be provided by means of trees or other cover to guard children against the hazards of excessive sun and heat. 7. In the infant nursery, the outdoor play area must be a minimum of 400 square feet. 8. In the infant nursery, the outdoor area can be used by other age groups at the center, but it must not be used by any other group of children while infants are using it. 9. In the toddler nursery, the outdoor play area can be shared by infants, but infants and toddlers must not be allowed to use the play area at the same time.
7.702.84 Food Preparation Area [Rev. eff. 11/1/98]
A. See the "Rules and Regulations Governing the Sanitation of Child Care Centers in the State of Colorado." B. Infant and Toddler Nurseries 1. A table, counter, or shelf, separate from the diaper changing area, must be available for preparing infants' and toddlers' food. 2. The nursery must prepare formula or food in the center's kitchen, or the nursery must have a second sink or a covered commercial container with a spigot for preparation of formula and food.
7.702.85 Toilet Facilities [Rev. eff. 2/1/05]
A. Toilet facilities for the staff and other adults must be in separate compartments or separated by a partition from children's facilities, except in centers licensed for 30 or fewer children and in centers with programs of 4 hours or less. B. Toilet rooms for children must be separate from rooms used for other purposes and must be located on the same floor as the inside play area. C. A minimum of one (1) lavatory and one (1) flush toilet must be provided for each 15 or fewer children. Drop-in child care centers must provide a minimum of 1 lavatory and 1 flush toilet for each 20 or fewer children. D. The same toilet facilities must not be used simultaneously by school-age children of both sexes, and toilets for school-age children must be separated by partitions to provide privacy. E. Toilet facilities are not required for children under 2 years of age. F. Toilet facilities must be provided for children 2 years of age and older. G. Toilet rooms for children must be located within the toddler nursery, except that drop-in child care centers need not provide a toilet in the toddler nursery if the facility is licensed for ten (10) or fewer toddlers. A diaper change table and hand washing sink is required in every toddler nursery.
7.702.86 Office Facilities [Rev. eff. 11/1/98]
A. Office space separate from areas used by children, other than for isolation purposes, must be provided for staff to perform administrative duties. B. The office must have sufficient space for maintenance and safe storage of children's and staff records and the center's business records.
7.702.9 FIRE AND OTHER SAFETY REQUIREMENTS
7.702.91 General Requirements [Rev. eff. 10/1/03]
A. Buildings must be kept in good repair and maintained in a safe condition. B. Major cleaning is prohibited in rooms occupied by children. C. Volatile substances such as gasoline, kerosene, fuel oil, and oil-based paints, firearms, explosives, and other hazardous items must not be stored in any area of the building used for child care. Plastic bags and sharp tools and instruments must be stored in areas inaccessible to children. D. Combustibles such as cleaning rags, mops, and cleaning compounds must be stored in well-ventilated areas, separated from flammable materials, and stored in areas inaccessible to children. E. All heating units, gas or electric, must be installed and maintained with safety devices to prevent fire, explosions, and other hazards. No open-flame gas or oil stoves, unscreened fireplaces, hot plates, or unvented heaters can be used for heating purposes. All heating elements, including hot water pipes, must be insulated or installed in such a way that children cannot come in contact with them. F. Nothing flammable or combustible can be stored within 3 feet of a furnace or hot water heater. G. In rooms used by children, all electrical outlets that are accessible to children must have protective covers, or safety outlets must be installed. H. Except in part-day preschools, permanently located battery-powered lights must be provided in locations readily accessible to staff in the event of electric power failure. Batteries must be checked regularly. I. Closets, attics, basements, cellars, furnace rooms, and exit routes must be kept free from accumulation of extraneous materials such as discarded furniture, furnishings, newspapers, and magazines. J. Smoking is prohibited during business hours in all areas where child care is provided and when transporting children. K. Children under 2 years of age must be excluded from the kitchen. When children age 2 and over prepare food at the center, they may use only equipment and appliances that do not present a safety hazard. Staff-child ratios must be maintained. L. First aid supplies must be maintained and made accessible to staff throughout the center and stored in areas inaccessible to children. M. All outdoor areas available to children's activities must be maintained in a safe condition by removal of debris, dilapidated structures, broken or worn play equipment. The center must identify hazardous, high-risk areas. These areas must be made inaccessible to children. N. Playground surfaces must be checked on a daily basis for the presence of dangerous or other foreign materials. Playground equipment must be checked for safety on a monthly basis. O. Window blind cords must be secured out of children's reach to prevent strangulation.
7.702.92 Fire Safety [Rev. eff. 11/1/98]
A. Every building and structure must have sufficient exits to permit the prompt escape of occupants in case of fire or other emergency. Additional safeguards must be provided for life safety in case any single safeguard is ineffective due to some human or mechanical failure. B. Every building or structure must be constructed, arranged, equipped, maintained, and operated as to avoid undue danger to the lives and safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time reasonably necessary for escape from the building or structure in case of fire or other emergency. C. In every building or structure, exits must be arranged and maintained so as to provide free and unobstructed egress from all parts of the building or structure at all times when it is occupied. No lock or fastening to prevent free escape from the inside of any building can be installed. Only panic hardware or single-action hardware is permitted on a door or on a pair of doors. All door hardware must be within the reach of children. D. No child of less than first grade school level can be cared for in areas above or below the main floor of exit unless allowed by the Uniform Building Code and approved by the local fire department. E. Exit from each room must be directly to the exterior of the building or to a common hallway leading to the exterior. F. Each center must have at least 2 approved, alternate means of egress from each floor of the building or to a common hallway leading to the exterior. They must be at different locations. G. All stairways, interior and exterior, that are used by children must be provided with handrails within reach of the children. H. If the center has a security lock on outside exit doors, the center must obtain written permission from the local fire department; and there must be a written sign attached to the door instructing center staff that the security lock is not to be utilized when children are present at the center. I. Every exit must be clearly visible, or the route to reach it must be conspicuously indicated. Each path of escape must be clearly marked. J. Every building and structure must have an automatic or department-approved manually operated fire alarm system to warn occupants of the existence of fire or to facilitate the orderly conduct of fire exit drills.
7.702.93 Emergency Drills
A. Each staff member of the center must be trained in fire safety. B. Fire exit drills must be held often enough that all occupants are familiar with the drill procedure and their conduct during a drill is a matter of established routine. Fire drills must be consistent with local fire department procedures. A record of fire drills held over the past 12 months, including date and time of drill, number of adults and children participating, and the amount of time taken to evacuate, must be maintained by the center. C. Drills must be held at unexpected times and under varying conditions to simulate the conditions of an actual fire. D. Drills must emphasize orderly evacuation under proper discipline rather than speed. No running or horseplay should be permitted. E. Drills must include suitable procedures for ensuring that all persons in the building, or all persons subject to the drill, actually participate. F. Fire alarm equipment must be used regularly in the conduct of fire exit drills. G. If appropriate to the location of the center, tornado drills must be held often enough that all occupants are familiar with the drill procedure and their conduct during a drill is a matter of established routine. A record of tornado drills held over the past 12 months must be maintained by the center.
7.703 - 7.704 (None)
7.705 RULES REGULATING RESIDENTIAL CHILD CARE FACILITIES
7.705.1 DEFINITIONS [Rev. eff. 7/2/06]
A "residential child care facility" (RCCR) shall provide 24-hour residential group care and treatment for five or more children, between the ages of 3 and 16 years old and for children from 16-18 years old and for those persons to 21 years old who are placed by court order prior to their eighteenth birthday. A residential child care facility shall offer opportunities for a variety of services that can be used selectively in accordance with an individual plan for each child. A residential child care facility is operated under private, public or nonprofit sponsorship.
7.705.11 Governing Body [Rev. eff. 11/1/98]
A. The governing body is the individual, partnership, corporation or association in whom the ultimate authority and legal responsibility is vested for the conduct of the residential child care facility. B. When the governing body does not include a board of directors, there shall be an advisory committee of at least two other individuals who act in an advisory capacity to the governing body. The names of the advisory committee members shall be disclosed to the department. The advisory committee shall meet at regularly-stated intervals. C. The minutes of the advisory committee or the board of directors shall be maintained. The minutes shall be available to the department upon request, except that the minutes containing confidential personnel information need not be shared with the department. D. The functions of the governing body shall include: 1. The appointment of an administrator who shall be responsible, according to established performance criteria, to the governing body, and shall delegate to him/her the executive authority and responsibility for the administration of the child care facility according to its defined purpose. 2. The formulation and regularly-planned review of policies and procedures to be followed by the facility. 3. The provision of necessary facilities, adequate financing, qualified personnel, services, and program functions for the welfare and safety of children in accordance with these standards.
7.705.12 Fiscal Management [Rev. eff. 7/2/06]
A. Each RCCF shall develop an annual budget reflecting anticipated income by source and expenses by purpose, plus an accompanying balance sheet, which demonstrates that the RCCF has assured resources to carry out its defined purpose. The budget shall be approved by the governing body. The first year's budget shall be submitted with the original license application. B. An RCCF shall demonstrate that it is financially sound and manages its financial affairs prudently. All funds disbursed by the facility shall be expended in accordance with the program objectives as specified by the governing body. C. An RCCF must have a double entry accounting system and all financial transactions must be posted to this system. Financial statements, prepared from information provided by this system, shall be presented in conformity with U.S. Generally Accepted Accounting Principles (GAAP). Books and records of the RCCF shall be subject, at any time the RCCF business office is open, to inspection, audit or copying by designated Federal, State or county personnel, or such independent auditors or accountants as may be designated by these personnel. D. Each private or non-profit RCCF whose total annual expenditures are $100,000 or more shall provide for an annual audit by an independent Certified Public Accountant in accordance with appropriate generally accepted auditing standards. RCCF's with less than $100,000 total annual expenditure may submit an audit as described above or may submit compiled or reviewed financial statements, prepared in accordance with generally accepted accounting principles. 1. Every RCCF shall submit cost reports as prescribed by the State on the required supplementary information form and the administrative expenses for foster care as defined by the State Department. 2. The cost reports submitted shall contain an affidavit signed by the RCCF’s Executive Director and an officer of its board attesting to the authenticity of the information. Submission of falsified information shall be grounds for suspension of the RCCF license. 3. The audit and cost report shall be submitted to the Department within six (6) months of the RCCF’s fiscal year end.
7.705.13 Insurance [Rev. eff. 11/1/98]
A. Every facility shall carry public liability insurance. The applicant or licensee shall submit the amount of the insurance and the name and the address of the insurance agency providing the insurance for the facility. Information about the insurance should be maintained at the facility. B. Facilities operating their own transportation vehicles shall carry insurance in compliance with the minimum limits required by the Colorado Revised Statutes, Title 10, Article 4. C. The facility shall carry workman's compensation and unemployment insurance as required by law.
7.705.2 CHILD CARE SERVICES
7.705.21 Case Management Services Provided by the Residential Child Care Facility [Rev. eff. 7/2/06]
A. A staff member qualified as stated at Section 7.705.46, A, shall be assigned the responsibility for case management for each child. B. Each individual assigned the responsibility of providing case management services for a child shall: 1. Participate actively in the admission procedure, treatment planning, discharge and after care planning. 2. Assure that appropriate information concerning the child and her/his background is shared with other staff members who deal with the child regularly and maintain communication with parents, guardians, or referring agency, or the agency responsible for discharge planning and follow-up care of the child. 3. Assure that an individual child's plan is developed for the child and required plan review and necessary modifications are made pursuant to Section 7.714.4, D. 4. Assure that necessary progress reports for court and placing agency requirements are completed and submitted in a timely fashion. 5. Attend Administrative Reviews in person or by conference call. 6. Assure that the individual child's plan developed for each child is implemented, including treatment by specialists, and documented in the child's file. C. RCCF providers who are serving children enrolled in the Children's Habilitation Residential Program (CHRP) waiver shall be in compliance with rules contained in the Department of Health Care Policy and Financing's Medical Assistance Manual at Section 8.508 (10 CCR 2505-10).
7.705.22 Recreation and Leisure Activities [Rev. eff. 6/1/07]
A. A residential facility shall have a written plan for ensuring that a range of indoor and outdoor recreational and leisure opportunities is provided for children in care. Such opportunities shall be based on the individual interests, with personal and treatment needs being considered. B. Responsibility shall be assigned for supervision and coordination of the total recreation program, including training and supervision of staff and volunteers to assure maximum safety for each participant. C. Outdoor and indoor recreational areas and equipment shall be provided in sufficient variety and quantity to meet needs of children and to offer some choice of activities. D. If the facility takes residents on out-of-state trips, the facility shall develop a written plan for each trip, which includes goals for participants for the trip, selection criteria of participants, necessary skills for staff members, necessary equipment to meet participants' needs on the trip, supervision plan, letter of information to parents and/or guardians, approval of the guardian. E. The facility shall obtain the written permission of the guardian for each out-of-state trip or shall obtain an overall written permission of the guardian for any out-of-state trip in which the resident will participate. F. Some facilities may participate in special activities, which are either comprehensively integrated and salient to the total treatment program or which supplement and enhance the treatment process. When the facility participates in any special activities, such as swimming, boating, horseback riding, use of the trampoline, white water rafting, backpacking, camping, and winter sports, the following regulations must be complied with: 1. The child's participation in a special activity shall be included in the individual child's plan. 2. The staff member leading the activity shall be qualified as required for that activity. 3. Each special activity shall be under the supervision of a staff member who shall possess evidence of appropriate experience, training and/or certification in the program specialty. Said staff member shall be present at the site of the activity whenever the activity is being carried out and shall be responsible for health and safety precautions. 4. The qualified supervising staff member of special activities shall have the following duties: a. Direct training of other staff members working in the activity. b. Assign duties to staff members. c. Assure that all necessary equipment is complete, in good repair, and safe to use. d. Assure that environmental hazards are not severe enough to cause danger to participants. 1) When the residents of the facility participate in a special activity, each facility shall have a plan for action in case of natural disasters relevant to the terrain and activity, lost participants, injuries, and illnesses. These plans shall be in writing and shall accompany the participants and staff, and also be on file at the facility office. The staff shall have received training regarding the implementation of these plans prior to the departure of the participants. 2) There shall be a first aid kit which contains equipment relevant to the type of injuries which might be sustained in a specific activity and which is located at the site of the activity. There shall be a person holding at least an American Red Cross First Aid/CPR/AED Certificate for Schools and Communities or equivalent at the site of the activity when the activity is in progress. 3) As part of the orientation to the activity, the program staff shall explain to the child any risk factor involved in a special activity. The child shall then have the opportunity to decline his/her participation in that specific activity. In the case of an activity with extreme risks, the parent or guardian shall be advised and have the opportunity to refuse the child's participation.
7.705.3 PERSONAL CARE OF THE CHILD
7.705.31 Medical and Health Services [Rev. eff. 11/1/98]
Administration of any medication at the facility shall be done only by a person licensed and authorized by law or staff member having passed a Colorado Department of Public Health and Environment approved competency evaluation for medication administration, verification of which is maintained in the staff member's personnel file.
7.705.32 Food and Nutrition [Rev. eff. 11/1/98]
A. Menus shall be planned at least one week at a time, shall be dated, posted and filed for at least one month. B. If menus are not prepared by a qualified nutritionist or dietitian, there shall be review and approval by a qualified nutritionist or dietitian at least quarterly. C. Water shall be readily accessible to children by means of an approved water fountain or single-service cups.
7.705.4 HUMAN RESOURCES
7.705.41 Personnel Policy, Orientation and Training [Rev. eff. 11/1/98]
A. The facility shall have a written statement of personnel policies which include: 1. Job descriptions for all positions required. The descriptions shall describe duties of the job, qualifications for performance and supervision to be provided. 2. Salary range and provision for increments. 3. Hours of work, holidays, vacations, sick leave, and other leaves. 4. Conditions of employment, tenure, and promotion. 5. Employment benefits, including retirement plan, social security, hospitalization, and other insurances. 6. Employee evaluation procedure. 7. Grievance procedures which may be used by staff. 8. Termination procedures. B. A copy of the personnel policy shall be given to each staff member at the time of his employment.
7.705.42 Administrative Staff [Rev. eff. 7/2/06]
A. Administrator The administrator of a residential child care facility shall be qualified as follows: 1. The administrator shall have received a bachelor's degree from a regionally accredited college or university and have three years of verified experience in the human services field, one of which was in a supervisory or administrative position; or, 2. The administrator shall have received a master's degree from a regionally accredited college or university and have two years of verified experience in the human services field, one of which was in a supervisory or administrative position. 3. The administrator shall assume the following duties: a. Overall direction and responsibility for the children, program, facility, and fiscal management. b. Overall direction and responsibility for supervision of adequate staff. c. The selection and training of a capable staff member who can assume responsibility for management of the facility in the administrator's absence. d. The establishment of relationships and contact maintenance with allied agencies, services, and resources within the community. B. Assistant or Acting Administrator 1. In each child care facility, there shall be a specifically designated staff member, age 21 or over, capable of acting as a substitute for the administrator during his/her absence. The duties and responsibilities of the substitute administrator shall be clearly defined in order to avoid confusion and conflict among other staff and children. 2. If the administrator is regularly absent from the facility more than 50 percent of his/her working hours, an assistant administrator shall be appointed who meets the same qualifications as the administrator found at Section 7.705.42, A. C. Administrative Coverage 1. When there is a change in administrator, or when he/she has left the facility permanently without a replacement, the State Department of Human Services shall be notified immediately in writing; or when a possible change in administrator is anticipated, the facility shall notify the State Department prior to the change. 2. The administrator or the staff member to whom the administrator has delegated responsibility shall be available at all times.
7.705.43 Medical and Health Staff [Rev. eff. 11/1/98]
A residential facility shall have a primary physician, licensed to practice medicine, available to establish and maintain the health and medical plan and procedures of the facility.
A. If the physician is not a full-time employee, the description of the physician's consultative services or other duties to be performed shall be set forth clearly in a written agreement with the facility. B. All medical staff, whether employed by the facility, or whether their services are purchased or volunteered, shall be licensed and responsible to the primary physician for the medical aspects of their job.
7.705.44 Child Care Staff [Rev. eff. 11/1/98]
A. Each child care worker shall be at least 21 years of age and have completed two years of college education. A high school diploma or equivalent and one year's experience in the human services field may be substituted for the required college. B. Child care staff aides shall be at least 18 years old and shall work directly under the supervision of a child care staff member in activities specified by the child care staff member or with the approval of the director. C. Relief staff shall have the same qualifications as regularly assigned child care staff.
7.705.45 Child Care Staff-to-Child Ratios [Rev. eff. 7/2/06]
A. The facility shall know the intended whereabouts of each child in care at all times, and children shall be under the direct supervision of child care staff at all times. B. There shall be a minimum of one (1) adult qualified as a child care worker on duty and one (1) adult on call who can be summoned at all times when there is one child or more at the facility. C. At night there shall be at least one awake staff person within each physically separate building, and within hearing of children, and a second person who can be summoned in case of emergency. D. The ratio of child care staff to children in care shall be dependent on the needs of the children, but the ratio of such staff shall not be less than the following schedule except when transporting children in vehicles (see Section 7.705.56):
Age of Child Waking Hours Sleeping Hours
3 - 6 years 1 staff member:6 children 1 staff member:
12 children
7 - 12 years 1 staff member:8 children 1 staff member:
16 children
13 - 16 years 1 staff member:10 children 1 staff member:
and over 20 children
E. For children who are physically and/or mentally disabled, excluding emotionally disturbed children, the ratio of staff to children shall be at least:
Extent of Handicap Waking Hours Sleeping Hours
Mildly Disabled
Children
Functions near 3-6 years:
appropriate social 1 staff member:5 children 1 staff member:
and personal level 12 children
and exhibits limited 7 years and over:
intellectual 1 staff member:8 children 1 staff member:
functioning 12 children
Moderately Disabled
Children
Can obtain appropriate 1 staff member:5 children 1 staff member:
personal adaptive 12 children
behavior, yet functions
on a limited adaptive
behavioral level and
will always need some
level of supervision
Severely Disabled
Children
Incapable of 1 staff member:3 children 1 staff member:
independence in self- 6 children
help with minimal
communication ability;
plays primarily alone
Profoundly Disabled
Children
Totally unable to 1 staff member:2 children 1 staff member:
manage self 4 children
7.705.46 Case Management Staff and Other Professional Staff [Rev. eff. 7/2/06]
A. Case management shall be provided by: 1. A qualified professional having a master's degree in social work, psychology, or child development from a regionally accredited college or university. This professional shall have two years of treatment-oriented experience, or 2. A designated member of the staff, who shall have a bachelor's degree from a regionally accredited college or university with a major in behavioral science, human services or related fields, and three years experience in working with children, and for whom there is an effective arrangement for consultation from a qualified professional as described above. 3. The qualified professional, as specified in Section 7.705.46, A, 1, may be a full-time or part-time employee of the facility, a staff member of a recognized agency, or an individual with which the facility has a contract to provide the necessary services and/or consultation. 4. The ratio of case management staff to children shall be dependent on the type of facility and the needs of the children therein, but there shall be at least one full-time case management staff member for every twenty (20) children, or a part-time staff member assigned for a fraction thereof. B. The case management staff shall be responsible for providing case management services as stated at Section 7.705.21. C. Psychiatrists used by the child care facility shall be qualified and licensed to practice and shall provide, as needed, diagnosis, treatment, and consultation services. D. Psychologists providing testing and diagnostic services shall have a license in psychology. E. Other professionals providing specific therapy shall be licensed professionals as designated by Colorado state law.
7.705.47 Volunteers and Students [Rev. eff. 11/1/98]
A. If volunteers or students are used by a facility, the administration shall define specifically the services to be given by that individual. B. Volunteers and students who are assigned to work directly with the children shall: 1. Be subject to reference checks similar to those performed for employment applicants. 2. Be in good general health. The facility has the right to contact the individual's physician. C. Volunteers and students shall be: 1. Directly supervised by a paid staff member. 2. Oriented and trained in the philosophy of the facility, confidential nature of their work, and the specific job which they are to do, prior to assignment.
7.705.48 Food Services and Maintenance Staff Members [Rev. eff. 7/2/06]
A. All food services and maintenance staff members shall comply with the general requirements for all personnel as specified in Section 7.714.92. B. Food service staff of the facility shall meet requirements of the state or local health requirements for food handlers. C. There shall be one food service staff member who has basic knowledge and understanding of nutrition, food purchasing, menu planning and food preparation. If the staff member is not qualified as a dietitian or nutritionist, there shall be readily available consultation from a specialist in the field. D. Maintenance staff shall be in sufficient numbers to maintain an adequate physical plant.
7.705.5 BUILDING AND FACILITIES
7.705.51 Building Plans [Rev. eff. 11/1/98]
Prior to construction, architectural plans for new buildings or for extensive remodeling of existing building shall be submitted for review and approval by the State Department of Public Health and Environment or its local unit, the local fire department, and local building department. Plans shall be submitted and reviewed by the State Department of Human Services as to appropriateness, general adequacy, and suitability for child care.
7.705.52 Living Spaces and Equipment Necessary in Residential Child Care [Rev. eff. 11/1/98]
A. There shall be separate sleeping rooms for boys and girls. In sleeping rooms that accommodate two to four children, 60 square feet of floor space per child shall be provided. There shall be no more than four children in any bedroom. Each bedroom for single occupancy shall have a minimum of 80 square feet of floor space. Closet space of 4 square feet per child and drawer space for storage of personal items sufficient for the occupants in each sleeping room shall be provided. 1. Preexisting licensed facilities with sleeping rooms which accommodate more than four children per room shall have permanent or partial partitions to provide separation and privacy between every four beds. Exceptions to space requirements in preexisting licensed facilities shall be approved by the State Department of Human Services. 2. Sleeping rooms above or below the floor of exit travel shall not be used for sleeping purposes for children who are non-ambulatory. B. Each child shall be provided suitable sleeping facilities consisting of individual beds or bunks complete with mattresses in good repair and constructed so as to facilitate cleaning while in use by residents and upon each change of occupancy. Single beds shall be spaced not closer than 36 inches laterally, or end-to-end. Triple-deck bunks are prohibited. Beds being used by children shall have a mattress cover, clean sheets, pillows, pillowcases and blankets. C. Each room of occupancy shall be well-lighted and adequately ventilated by exterior windows or by an approved air-conditioning system. If a mechanical ventilation system is provided, it shall meet requirements of local building codes and fire regulations. D. When child care staff live in or sleep at the facility, there shall be at least one room adequately furnished and a private bath facility reserved for child care staff. Arrangements where child care staff share sleeping rooms with children who have special needs shall be approved by the State Department of Human Services. E. Staff rooms shall be located on the same floor or in the general area of children's sleeping rooms so that the child care worker can supervise children and be readily accessible when needed. F. There shall be a minimum of 25 square feet of space for each child for informal individual or group activities. The area shall be adequately and appropriately furnished to accommodate social and recreational activities associated with such living areas. G. There shall be a designated space distinct from children's living areas to serve as an administrative office for such activity as secretarial work and bookkeeping. H. There shall be a designated space to allow private discussions and counseling sessions. I. Each residential facility shall have a telephone. Each separate living unit within a residential facility shall have 24-hour telephone service or an intercom system connected with an outside telephone service. Emergency telephone numbers, including fire, police, physician, poison control, health agency, and ambulance shall be conspicuously posted adjacent to the telephone.
7.705.53 Outdoor Space and Equipment [Rev. eff. 10/1/03]
A. The grounds of the facility shall be maintained in a manner that is free from any hazard to health or safety. 1. Garbage and rubbish which is stored outside shall be stored securely in noncombustible, covered containers and shall be removed at least once every week or more frequently, if necessary. 2. Garbage and rubbish containers and incinerators shall be located separate from play areas. 3. Fences shall be in good repair. 4. Areas determined to be unsafe, including steep grades, cliffs, open pits, swimming pools, high-voltage boosters, or high-speed roads, shall be fenced off or have natural barriers to protect children. 5. Playground equipment shall be so located, installed, and maintained as to ensure the safety of children. B. A residential facility shall have access to outdoor recreational space and suitable recreational equipment. C. When a swimming pool is provided, it shall meet the requirements of the Colorado Department of Public Health and Environment or its local unit. Safety precautions shall include protective fencing, winter coverage which shall exclude plastic or inflatable-type domes, and a nonskid surface area of at least four (4) feet adjoining pool sides. The use of the pool shall be in accordance with Section 7.705.22, G.
7.705.54 Dining, Kitchen, Laundry, Bathroom Facilities [Rev. eff. 10/1/03]
A. The dining area, whether located in the living unit or in a separate central dining facility, shall meet the following requirements: 1. It shall be well-lighted, properly heated, and ventilated. 2. It shall be large enough to accommodate the children and staff. 3. Floors shall be constructed and maintained with a non-slipping surface. 4. Tables and chairs shall be of sturdy construction, scaled or adjusted to the proper height and size so that children can be comfortably served. 5. Table service and settings shall be of the type, size, and design appropriate to the ages of children served. 6. Dining and recreation areas may be combined if regulations for dining areas are consistently met. B. The kitchen shall be designed and equipped to meet the requirements of efficiency, fire safety, and comfortable working conditions for the staff. There shall be: C. When an institution has a central laundry facility, it shall be located in an area separate from areas occupied by children. Noncommercial types of laundry facilities with ample space for sorting, drying, and ironing shall be made available to children old enough and capable of handling their personal laundry. These facilities shall be in an area supervised by a responsible adult. D. There shall be a ratio of at least one toilet, lavatory, bathtub or shower for every six (6) children and readily accessible. Toilet and bath facilities for boys and girls and staff shall be separate. Toilets and bath facilities shall have doors or partitions. Urinals may be substituted for up to one-third of the required number of toilets in facilities which accept boys. Toilets and bath facilities shall be accessible from a common hallway and be on the same floor with sleeping rooms.
7.705.55 Building Safety [Rev. eff. 7/2/06]
A. Maintenance 1. Buildings shall be kept in good repair and maintained in a safe condition. Good housekeeping shall be observed in all areas at all times. 2. All areas available for children's activities shall be maintained in safe condition, including elimination of debris and hazardous items of all kinds, and removal of broken play and recreational equipment and any other devices which are in poor repair. 3. Closets, attics, basements, cellars, furnace rooms and exit routes shall be kept free from accumulation of extraneous materials such as discarded furniture, furnishings, newspapers, or magazines. Combustibles such as cleaning rags, mops, and cleaning compounds shall be stored in well-ventilated areas. Solutions, cleaning compounds, and other hazardous substances will be properly labeled and stored in areas inaccessible to children. 4. Storage of gasoline, kerosene, fuel oil, and other flammable material shall meet requirements of safety and fire codes. 5. Storage shall not be permitted around water heaters and furnaces. B. Exits 1. Every building or structure, new or old, shall be provided with exits sufficient to permit the prompt escape of occupants in case of fire or other emergency. Additional safeguards shall be provided for life safety in case any single safeguard is ineffective due to some human or mechanical failure. 2. Each facility shall have at least two approved, alternate, remotely-located means of egress from each floor of the building to safe and open space at ground level. 3. Egress from each dwelling unit, sleeping room, and dormitory shall be directly available without passage through another dwelling or rooming unit to the outside or to a common hallway leading to the outside. 4. In residential child care facilities approved as a therapeutic residential child care facility or psychiatric residential treatment facility, time-delay panic hardware utilizing 30- to 90-second delays before release may be installed on the two approved exit doors on each floor of the facility, provided that such time-delay panic hardware is approved by the fire department having jurisdiction over the facility. The two approved exit doors on each floor must release and open automatically after the 30- to 90-second delay without constant pressure being applied to the doors and must remain open for at least 15 seconds. The two approved exit doors on each floor can neither automatically reset themselves nor be reset from a central control panel for a period of at least 15 seconds after release. Magnetic locks in conjunction with time-delay panic hardware that meets these criteria are allowed. 5. In every building or structure, exits shall be so arranged and maintained as to provide free and unobstructed egress from all parts of the building or structure at all times when it is occupied. No lock or fastening to prevent free escape from the inside of any building shall be installed unless specifically authorized pursuant to Section 7.705.55, B, 4, or 7.705.7. 6. Every exit shall be clearly visible or the route to reach it shall be conspicuously indicated in such a manner that every occupant of every building or structure who is physically and mentally capable will readily know the direction of escape from any point. Each path of escape shall be so arranged or marked that the way to a place of safety outside is unmistakable. 7. In every building or structure adequate and reliable illumination shall be provided for all exit facilities. 8. Every building or structure shall be so constructed, arranged, equipped, maintained, and operated as to avoid undue danger to the lives and safety of its occupants from fire, smoke, fumes, or resulting panic during the period of time reasonably necessary for escape from the building or structure in case of fire or other emergency. 9. Compliance with this rule shall not be construed as eliminating or reducing the necessity for other provisions for safety of persons using a structure under normal occupancy conditions, nor shall any provision of this rule be construed as requiring or permitting any condition that may be hazardous under normal occupancy conditions. 10. The local fire department shall determine the adequacy of exits and other measures for life safety in accordance with the requirements of the Uniform Building Code and the National Fire Protection Codes. In cases of practical difficulty or unnecessary hardship, the local fire department may grant exceptions from the Uniform Building Code or the National Fire Protection Codes, but only when it is clearly evident that reasonable safety is thereby secured. C. Electrical Equipment Electrical wiring systems in all buildings shall conform to the requirements of the state electrical board. Electrical appliances shall be examined frequently for worn or otherwise defective wiring. D. General Safety Practices 1. A residential facility shall immediately notify the responsible agency or department of a fire or other disaster which might endanger children or require their removal for reasons of health and safety. The Department of Human Services shall be immediately notified of a fire or other disaster. 2. Security guards patrolling the grounds and structures of a residential facility, whether employed by the facility or by a security service under contract to the facility, shall not be permitted to be in possession of any firearm or chemical weapon on the grounds or within the structures of the facility. 3. Porches, elevated walkways, and elevated play areas within a residential facility shall have barriers to prevent falls. 4. Power-driven equipment used by a residential facility shall be kept in safe and good repair. Such equipment shall be used by children only under the direct supervision of a staff member and according to State law. 5. Smoking shall not be permitted within the facility or on the grounds. 6. Staff and children shall be trained to report fires and other emergencies appropriately. Children and staff shall be trained in fire prevention. 7. In every building or structure, fire alarm facilities shall be provided to warn occupants of the existence of fire so that they may escape or to facilitate the orderly conduct of fire exit drills. 8. Responsibility for the planning and conduct of fire drills shall be assigned to competent persons qualified to exercise leadership. 9. A residential facility shall maintain an active safety program, including investigation of all accidents and recommendations for prevention.
7.705.6 RECORDS AND REPORTS
7.705.61 Confidentiality [Rev. eff. 11/1/98]
A. A residential child care facility may make available information in the case record to the child, his parent(s), or guardian and their respective legal counsel if the information being released does not contain material which violates the right of privacy of another individual and/or material that must be withheld from release according to other laws or by order of the court. If, in the professional judgment of the administration of the facility, it is felt that information contained in the record would be damaging to a child that information may be withheld except under court order. Facilities which have on-grounds educational programs shall comply with federal and state laws governing educational records. B. It is acceptable to use material from case records for teaching or research purposes, development of the governing body's understanding and knowledge of the facility's services, or similar educational purposes, when names are deleted and other identifying information is disguised or deleted. C. It is necessary to obtain an employee's permission or court order for the release of information from a personnel file.
7.705.62 Necessary Records and Their Retention [Rev. eff. 7/2/06]
A. A permanent register shall be maintained which contains: 1. Identifying information, such as name, sex, birth date, race, on each child who has been in care at the facility, including a child admitted in an emergency. 2. Admission date and referring agency. 3. Discharge date and to whom discharged. B. Records for personnel shall be retained for at least three years. C. The following records shall be on file at the facility or administrative office: 1. Governing structure, including the charter, articles of incorporation, by-laws, or other legal basis for existence. 2. Current health department inspection report. 3. Current fire department inspection report. 4. A list of current staff and substitutes and staffing pattern. 5. Insurance coverage. 6. Annual financial audit or financial statements.
7.705.63 Personnel Records [Rev. eff. 7/2/06]
Personnel record for each employee shall include name, address, birth date, names and telephone numbers of persons to be notified in event of an emergency; date of employment, and date and reason for separation; official documents verifying education, training, and work experience; pre-employment references; and, the indication of awareness of agency policies.
7.705.7 LOCKED QUIET ROOM
7.705.71 Definition and Statement of Purpose and Policy [Rev. eff. 11/1/98]
A. A "locked quiet room" is a single room in an open treatment unit of a residential child care facility in which a child, six years old or older, may be confined. The child is to be confined in the locked quiet room only during periods of crisis or emergency for the child, when the child is a danger to him/herself and/or others, the child is beyond control, all other reasonable means to control or calm the child have failed, and the child's welfare or the welfare of those around the child demand that the child be confined. Confinement is not to be used for punishment and shall not exceed two hours per incident. B. Each licensed residential child care facility which operates a locked quiet room shall have a written statement of purpose and policy which describes at least: the philosophy and use of the room, the intake process, the evaluation of child while in the room, emergency procedure while a child is in confinement and method for resident's grievance regarding the use of the room.
7.705.72 Facility Staff Requirements for Locked Quiet Rooms [Rev. eff. 7/2/06]
A. There shall be a quiet room supervisor who is a full-time facility staff member, is a Colorado Licensed Clinical Social Worker (LCSW), a Licensed Professional Counselor (LPC), a Licensed Marriage and Family Therapist (LMFT), a Colorado licensed psychologist or a board-eligible psychiatrist licensed to practice medicine in Colorado, and is designated and trained to be responsible for the use of the quiet room. If the quiet room supervisor is not a psychiatrist or a licensed psychologist, there shall be such a person contracted to provide consultation with the quiet room supervisor and staff. B. The residential child care facility which operates a locked quiet room shall appoint a neutral fact-finder pursuant to the statute. This neutral fact-finder shall not be the quiet room supervisor, as designated in Section 7.705.72, A, or the person who placed the child in the locked quiet room. The fact-finder shall determine if the situation resulting in the confinement of a child in a locked quiet room merits such a decision. The fact-finder may be a staff member of the facility or a professional contracted by the facility in one of the following positions: administrator, assistant administrator, social worker, psychologist, psychiatrist, nurse, lawyer. C. The facility shall designate in its statement of purpose and policy for the operation of the locked quiet room which staff members shall be able to place a child within the locked quiet room. Staff members shall be from one or more of the following positions: administrator, assistant administrator, child care staff, social worker, teacher, psychologist, psychiatrist, or nurse. Designated staff members must be trained and supervised in the use of the locked quiet room. D. Persons specified to place a child in the locked quiet room shall have ongoing training and supervision which shall include at least the following regarding the use of the locked quiet room: the purpose and policy, legal ramifications of placing a child in the locked quiet room, the role of the neutral fact-finder, dynamics of behavior of children when in confinement, safe methods of getting the child to the quiet room, methods of searching a child when placing a child in the locked quiet room, safety of the child and staff, emergency procedures including first aid and fire protection, and the protection of keys for the locked quiet room.
7.705.73 Placement of Child in the Locked Quiet Room [Rev. eff. 7/2/06]
A. At the time of admission of the child to the facility which has a locked quiet room, the person or agency holding legal custody of the child shall be informed of the use of the locked quiet room and shall be asked to sign a permission for the child to be placed in the locked quiet room if it is deemed necessary pursuant to the agency policy. If this permission is unsigned, the child may not be placed in a locked quiet room. B. The facility shall have written individual child's plans for each child in residence. Prior to the placement of the child in the locked quiet room, the conditions for use of the locked quiet room shall be detailed and justified in the written plan, and the child shall be oriented to the room, the purpose of its use and type of behavior which might result in its use. C. A child who is placed in the locked quiet room must be in a period of crisis, such as when the child is violent or potentially destructive to such a degree that he/she is in imminent danger to him/herself and/or others as stated in Section 7.705.71. D. Staff members designated in the agency policy may not place a child in the room for more than 20 minutes without having written approval from his/her superior, the quiet room supervisor, or the facility administrator. E. At the time of placement of the child in the locked quiet room, the neutral fact-finder shall be notified in person or by telephone. Leaving a message is not notifiction, and if the neutral fact finder cannot be contacted in person or by telephone, the child may not be placed in a locked quiet room. F. There must be notification of another staff member, who is currently on duty, that a child has been placed in the locked quiet room and a record made of the episode which led to the child being placed in the locked quiet room. G. The light outside the entrance of the quiet room shall be lighted when a child is locked inside the room (see Section 7.705.76, N) and a staff member must be directly outside the locked quiet room at all times when a child is locked inside the room.
7.705.74 Charting [Rev. eff. 7/2/06]
The following items shall be recorded:
A. Written report which states the child's name, time of day child was placed in the locked room, staff member who placed child in the locked room, staff member who was notified, and describes the following: the precipitating incident and the child's behavior before placement in the room, actions taken by staff members of a less restrictive nature to try to control, calm or contain the child. B. During confinement, the following shall be recorded if applicable: 1. an indication that the child was checked frequently, but at least once every 15 minutes, with the following notations: time, one-line description of what the child was doing, initials of the person supervising. 2. when child was last given access to restroom facilities. 3. when child had opportunity for exercise. 4. when and what type of medications were given and by whom. 5. when child's last staff contact occurred. C. Description of the resolution between staff member and the child at the termination of the use of the room and the behavior of the child as a result of being in the locked quiet room. D. The observable physical condition of the child when entering the locked quiet room and any change in the observable physical condition of the child when leaving the locked quiet room. E. An indication of review by the neutral fact-finder as to the appropriateness of confinement of the child in the locked quiet room. F. Verification that notification was made to the county department or the Division of Youth Corrections (DYC) the next business day of the confinement and the appropriateness of the confinement.
7.705.75 Review of Use of Locked Quiet Room [Rev. eff. 7/2/06]
A. The record of use of the locked quiet room shall be reviewed daily by the quiet room supervisor and weekly by the facility administrator. If one child is placed in the locked room more than three times in 72 hours or a maximum of 5 hours in 72 hours, the entire plan for the child shall be reviewed and a person who meets the requirements of consultant to the quiet room supervisor and staff, as required at Section 7.705.72, A, shall authorize any further use of the locked quiet room or other treatment for the child. B. If the same staff member places a child in the locked quiet room repeatedly, this shall be investigated by the quiet room supervisor.
7.705.76 Physical Requirements for a Locked Quiet Room [Rev. eff. 11/1/98]
A. The locked quiet room shall be located in reasonable proximity to the living unit or other areas of activity. An adult staff member shall stay within a 12-foot radius of the locked quiet room when a child is locked inside the room. B. The quiet room shall be a minimum of 80 square feet in size. C. The locked quiet room shall be kept in a clean and sanitary condition. D. All switches for light, heat, and ventilation, as well as other electrical outlets, shall be outside the room. All switches shall be available only to the staff. E. There shall be no features by which a resident might injure himself within the locked room such as utility pipes, cleaning equipment and materials, or mirrors. F. Exterior windows are not recommended, but if there are window panes they shall be of shatter-resistant material and have psychiatric screening. G. There shall be an observation window on the door from which all parts of the room are visible for purposes of supervision. The window shall be made of shatter-resistant materials. H. There shall be an approved ventilating system. I. There shall be an approved system which detects products of combustion and is wired into a non-switch electrical outlet and is out of the reach of children. J. The locked quiet room shall be constructed of one-hour fire resistive material. The door shall be of one-hour fire resistive material. K. The locked quiet room shall have a lighted, soothing environment. The child shall not be subjected to glaring lights. All lights shall be recessed into the ceiling and shall be covered with a shatter-resistant guard which is flush with the ceiling. L. There shall be no more than one locked door between the child and the staff member. M. If the locked quiet room is soundproof, there must be an intercom system which is activated when a child is in the room. N. There shall be a light over the entrance of the locked quiet room which is lighted any time a child is locked in the quiet room.
7.705.77 Approvals Necessary to Operate Locked Quiet Room [Rev. eff. 7/2/06]
A. The written approval of the local fire department and the State Department of Human Services must be received prior to the initial use of the locked quiet room. B. The records of the use of the locked quiet room, the policy for operation of the room, the children's records, staff records and the room shall be open to staff members of the department for inspection at any time. C. There shall be an inspection by the fire department at least annually. The licensee shall retain a copy of the inspection report in the facility file. The licensee shall request such an inspection. D. If it is found, at the time of inspection of the locked quiet room, that the facility does not meet all the regulations for operation of the room, the department staff member shall give written notice of specific deficiencies which shall be corrected. The residential child care facility shall cease confining any child in the locked room until corrections are completed and authorization is given by the department.
7.705.8 SPECIAL RULES AND REGULATIONS FOR SHELTER CARE
7.705.81 Definition and Policy Statement [Rev. eff. 11/1/98]
A. Any residential child care facility may provide shelter or 24-hour emergency care for children in need of short-term placement resulting from such circumstances as child abuse or running away from home. Some facilities accept only children for emergency care and are known as shelter care facilities. B. The acceptance of children for emergency care must be stated in the written purpose of the facility and the admission policy. C. Residential child care facilities shall make every effort to assure that shelter care placements do not exceed sixty days. Exceptional circumstances shall be documented in the case file. No child shall remain in a shelter care facility for longer than ninety days. Review of placement will be required as appropriate. D. These regulations are specifically for shelter care facilities. The following regulations are in addition to corresponding regulations in Sections 7.705.1 through 7.705.6. However, if there is a conflict between those rules and regulations and these special rules and regulations, these special rules and regulations shall apply for shelter care facilities.
7.705.82 Admission to Shelter Care and Orientation [Rev. eff. 11/1/98]
A. At the time of emergency shelter care placement of a child, the facility shall obtain at least the following information : name, birth date, if available, physical description of the child, date and time of the admission, name and authority of person bringing child to the facility, and reason for placement. On the next working day following emergency shelter care placement of the child, the facility shall obtain from the county department of social services or the parent of guardian a signed, written authorization to obtain medical care for the child. The county department is authorized to give this authorization pursuant to this staff manual. B. The facility shall ensure that each newly admitted child is checked by facility staff or physician for signs of illness, symptoms of abuse, and the presence of vermin. The facility shall have a medical plan, including staff training, which includes the screening of the child for child abuse and signs of illness requiring immediate medical attention. C. If a child remains in shelter care for longer than thirty days, a medical examination must be completed in compliance with Section 7.705.31, B. D. The facility shall provide orientation for the new child. Orientation shall include: 1. Tour of the facility. 2. Introduction to staff. 3. Description of rules, regulations , and discipline policies of the facility. 4. Discussion of tasks and behaviors the child is expected to perform 5. Discussion regarding personal possessions the child is permitted to bring and obtain while in shelter care.
7.705.83 Education and Treatment [Rev. eff. 11/1/98]
A. The facility shall ensure that each child is provided with an educational program in accordance with state and local laws. Any educational program provided by a shelter care facility shall comply with all applicable state and local laws. B. Daily routine schedules shall be established by the facility which ensures a stable, orderly, supportive environment for children in care. C. Case plans shall be developed for each child who stays in shelter care longer than two weeks. The plan will include, at least, issues regarding personal and group living skills. The child shall be involved in the establishment of short-term goals. D. A permanent placement plan shall be made for the child within thirty days of admitting a child into care. The comprehensive assessment as found at Section 7.705.23, B, should serve as a basis for the plan.
7.705.84 Personnel [Rev. eff. 11/1/98]
A. A shelter care facility shall maintain the staff ratio described at Section 7.705.46. B. A shelter care facility must have awake staff during the children's sleeping hours. C. A shelter care facility shall make adequate provisions to ensure the immediate availability of additional staff in the event of an emergency or crisis. D. Training programs for staff in shelter care facilities shall reflect special emphasis on the following areas: 1. Passive physical restraint techniques. 2. Crisis intervention. 3. Crisis and emergency procedures.
7.705.85 Records [Rev. eff. 11/1/98]
A. A record for a child accepted for emergency care or in a shelter care facility shall include: 1. Information obtained at admission pursuant to Section 7.705.82. 2. Statement from the physician about the child's physical examination pursuant to Section 7.705.31, B. 3. Assessment and permanent placement plan. 4. Record of medication given to the child while in care. 5. Date of discharge, to whom the child was discharged, and physical description of child at time of discharge. [Note: there is no "B."]
7.705.9 THERAPEUTIC RESIDENTIAL CHILD CARE FACILITIES (TRCCF) [Eff. 7/1/06]
Each Residential Child Care Facility wishing to provide care as a TRCCF must comply with rules for Residential Child Care Facilities. The following rules shall be in addition to those in Section 7.705.1 through 7.705.77; however, if there is a conflict between the RCCF rules and the TRCCF rules, these TRCCF rules shall apply.
7.705.91 Definitions [Rev. eff. 7/7/06]
A. A “Therapeutic Residential Child Care Facility (TRCCF)” is a Residential Child Care Facility which provides fee-for-service therapeutic 24-hour care for: 1. Five (5) or more children from three (3) to eighteen (18) years of age; and, 2. Those children in the custody of a county department of social/human services eighteen (18) to twenty-one (21) years of age who are placed into a TRCCF by court order prior to their 18th birthday an are in need of mental health treatment in a structured environment. 3. Youth in the custody of the Division of Youth Corrections (DYC) may be placed in a TRCCF by court order past their eighteenth (18th) birthday but before their twenty-first (21st) birthday. B. “Medical Necessity” means that a covered service shall be deemed a medical necessity or medically necessary if, in a manner consistent with accepted standards of medical practice, it: 1. Is found to be an equally effective treatment among other less conservative or more costly treatment options; and, 2. Meets at least one of the following criteria: a. The service will, or is reasonably expected to prevent or diagnose the onset of an illness, condition, primary disability or secondary disability. b. The service will or is reasonably expected to cure, correct, reduce or ameliorate the physical, mental, cognitive or developmental effects of an illness, injury or disability. c. The service will or is reasonably expected to reduce or ameliorate the pain or suffering caused by an illness, injury or disability. d. The service will or is reasonably expected to assist the individual to achieve or maintain maximum functional capacity in performing activities of daily living. C. The “Colorado Client Assessment Record (CCAR)” means the evaluation of a child in the custody of a county department of human/social services or Division of Corrections that determines the child’s mental health diagnosis and needs for therapy. D. The “licensed professional person” means the person responsible for determining medical necessity of the therapy services provided to child(ren) in care on a monthly basis. E. “Multidisciplinary team” means a group comprised of at least one licensed professional person and other staff responsible for the treatment of the child, and may include a staff member from the referral agency. F. “Referral agency” means the Division of Youth Corrections, county department of human/social services who has custody of a child, or a mental health agency (behavioral health care organization or community mental health center) that refers the child to the TRCCF for the purpose of placement through the Child Mental Health Treatment Act.
7.705.92 Personnel [Rev. eff. 7/7/06]
The director of a TRCCF shall meet the qualifications for an administrator of a Residential Child Care Facility as stated in Section 7.705.42. In addition, a staff member, who shall be known as the licensed professional person, shall be qualified as a physician licensed pursuant to Article 36 of Title 12, C.R.S., a psychologist licensed pursuant to Part 3 of Article 43 of Title 12, C.R.S., a clinical social worker licensed pursuant to Part 4 of Article 43 of Title 12, C.R.S., a marriage and family therapist licensed pursuant to Part 5 of Article 43 of Title 12 C.R.S., a professional counselor licensed pursuant to Part 6 of Article 43 of Title 12, C.R.S., or a social worker licensed pursuant to Part 4 of Article 43 of Title 12, C.R.S., that is supervised by a licensed clinical social worker, or a mental health professional provisionally licensed pursuant to Part 2 of Article 43 of Title 12, and shall provide therapy services to children in care.
7.705.93 Admission Criteria [Rev. eff. 7/7/06]
A. To be eligible for admission into a TRCCF, the child shall be: 1. Between the ages of three (3) and eighteen (18) or up to twenty-one (21) years of age if under the continuing jurisdiction of the court prior to the child’s 18th birthday and in the custody of a county department of social/human services on or before the child’s 18th birthday; or between the ages of ten (10) and twenty-one (21) years of age and in the custody of the Division of Youth Corrections; and, 2. Diagnosed with a psychiatric disorder; and, 3. Assessed using a current valid Colorado Client Assessment Record (CCAR) that supports medical necessity prior to or within fourteen (14) calendar days of admission or another valid instrument if placed by an entity other than a county department or the Division of Youth Corrections; and, 4. Determined in an initial assessment to be capable of benefiting from the TRCCF services as determined by a licensed professional person. B. The referral agency shall use the CCAR to make an initial assessment; and, C. After placement, a licensed professional person employed by the TRCCF shall make an independent assessment that the child meets criteria for admission into a TRCCF and is in need of therapy services. D. A child shall be discharged from the TRCCF when: 1. The child has attained treatment goals; or, 2. The child is no longer able to benefit from the service, is no longer progressing toward therapeutic goals, or is referred elsewhere for treatment; or, 3. The child's DYC commitment ends.
7.705.94 Plan of Care [Rev. eff. 7/7/06]
A. The multidisciplinary team shall develop and implement a comprehensive, individualized written plan of care that is signed and dated. B. The multidisciplinary team shall develop an initial plan that addresses the immediate and/or emergency needs of the child within 72 hours of admission. C. The multidisciplinary team shall develop a comprehensive plan of care within fourteen (14) calendar days after admission. The plan shall be signed and dated by the child, the referral agency, and the licensed professional person, and shall: 1. Address all areas listed at Section 7.714.4, C, 2, together with clinical and other needs including the child’s presenting problems, physical health, emotional status, behavior, support system in the community, available resources, and discharge plan. 2. Include specific goals and measurable objectives, expected dates of achievement, specific discharge and transitional/after-care and follow-up services criteria to be met for termination of treatment. 3. Specify the type, frequency, and duration of clinical therapy services, rehabilitation services, medication management, emergency services, initial assessment, documented treatment modifications, and other services determined to be necessary to meet the child’s specific goals. 4. Specify that all TRCCF services are necessary to meet the needs of the child and to treat the child’s current diagnosis. 5. Identify the provision of, or the referral for, services other than TRCCF services and shall document any court ordered treatment including identifying the agency responsible for providing the court ordered treatment. 6. Be provided in all situations except emergency situations. D. The TRCCF shall ensure that the child and the legal guardian participate in the formulation, review, and revision of the plan of care. If the child or legal guardian is unavailable to participate or when his or her participation is clinically contraindicated, the TRCCF shall document the reasons in the child’s record. Any decision to not involve the family or guardian shall be approved by the referral agency. In addition, other persons selected by the child, the family or guardian, the referral agency or the multidisciplinary team may be included in the formulation, review, and revision of the plan of care. E. There shall be monthly review of each plan to evaluate whether the short-term and long-term goals have been achieved and not achieved. The plan shall be revised as appropriate.
7.705.95 Client Eligibility [Rev. eff. 7/7/06]
A. Therapeutic services shall be provided based on the child’s mental health needs: 1. A “CCAR Level A” means services for a child needing low mental health treatment or an independent living situation. If the child is living in the community, the child shall have the ability to return to the TRCCF at any time the multidisciplinary team and the licensed professional person providing therapy deems necessary. 2. A “CCAR Level B” means services for a child with moderate mental health needs who resides in the facility. 3. A “CCAR Level C” means services for a child with the most severe mental health needs who resides in the facility. B. TRCCF services shall be identified in the plan of care and provided as indicated by the child’s need for: 1. Individual therapy sessions, which shall be provided as specified for the acuity level of care. Individual therapy sessions shall be conducted by a licensed professional person. 2. Group therapy sessions which shall be provided as specified for the acuity level of care. Group therapy may include a therapeutic intervention provided to two or more children that assists in their ability to function. A licensed professional person shall conduct the group therapy sessions. 3. Family therapy sessions which shall be provided as specified for the acuity level of care. The family therapy sessions shall be provided with a significant other and the child must be present unless contraindicated. Family therapy sessions shall be conducted by a licensed professional person. 4. Therapeutic case management services. 5. Emergency services. 6. Medication administration services. 7. Vocational services. 8. Clinical services to include activities of daily living. 9. Transitional services. C. The TRCCF shall ensure that a physician is responsible for the component of the treatment plan requiring medication management services. D. The TRCCF shall facilitate access to necessary medical care and shall be responsible for coordinating mental health treatment with medical treatment provided to the child.
7.705.96 Application and License for the TRCCF [Eff. 7/1/06]
A. The application for a license to operate a TRCCF shall be made on the original application form for a Residential Child Care Facility license. The applicant shall indicate his/her intention of operating a TRCCF on the original application form in the statement of purpose of the facility. Payment for the prescribed fee shall be enclosed with the application. B. Each Residential Child Care Facility providing care for five or more children in a TRCCF shall have a license which specifically states that a TRCCF is permitted.
7.706 RULES REGULATING DAY TREATMENT CENTERS
All day treatment centers must comply with the "General Rules for Child Care Facilities" as well as the "Rules Regulating Day Treatment Centers".
7.706.1 DEFINITIONS [Rev. eff. 5/1/02]
A. A "day treatment center" is a facility which provides less than 24-hour care for groups of five or more children from 5 to l6 years of age and over. The center will provide a structured program of various types of psycho-socio and/or behavioral treatments to prevent or reduce the need for placement of the child out of the home or community. This definition does not preclude the day treatment center from enrolling children 16 years old to 18 years old and those persons to 21 years old who are placed by court order prior to their eighteenth birthday. This definition shall not include special education programs operated by a public or private school system or programs which are licensed by other regulations of the Colorado Department of Human Services for less than 24-hour care of children, such as day care centers or centers for developmentally disabled children. B. "Dangerous behavior" is behavior that poses a clear and present hazard to a child or to other individuals. C. "De-escalation" is the use of therapeutic interventions with a child during the escalation phase of a crisis. The interventions are designed to allow children to contain their own behavior so that acute physical behavior does not develop that would lead to the need to use a physical restraint. D. An "emergency situation" is one in which a child is an actual danger to him/herself or others or when there is a present danger of extensive property damage. E. "Escalation" is an increase in intensity of a child's out-of-control behavior. F. "Mechanical restraint" means the use of devices intended to involutarily restrict the movement or normal functioning of a portion of an individual's body. Mechanical restraint does not include the use of protective devices used for the purpose of providing physical support or prevention of accidental injury. G. "Physical restraint" ("restraint") is the physical intervention by a staff member of the facility in an emergency situation to limit, restrict, or control the dangerous behavior of a child by means of physical holding of the child. H. "Reasonable" as used in these rules means appropritate and suitable, or not excessive or extreme.
7.706.11 Governing Body [Rev. eff. 11/1/98]
A. The governing body is the individual, partnership, corporation or association in whom the ultimate authority and legal responsibility is vested for the conduct of the day treatment center. B. The governing body shall be identified by its legal name. The names and addresses of individuals who hold primary financial control, members of the board of directors and officers of the governing body shall be disclosed fully to the Colorado Department of Human Services. When changes of persons holding any of these positions occur, the department shall be informed of the names and addresses of the new individuals annually.
7.706.12 Statement of Purpose [Rev. eff. 11/1/98]
Each day treatment center shall formulate a written statement which includes the purpose and objective of the day treatment center, description of the services to be offered by the day treatment center, ages of children and type of children to be accepted by the day treatment center, and the geographic area in which children may reside for acceptance by the day treatment center.
7.706.13 Financial Operation [Rev. eff. 5/1/02]
A. An annual budget reflecting anticipated income by source and expenses by purpose, plus an accompanying balance sheet, must demonstrate that the agency has assured resources to carry out its defined purpose through its first year of operation and must be submitted with the original license application. B. The center shall maintain a competent accounting system, and the financial records of the center shall be available for inspection by staff members of the department. C. Each day treatment center whose total annual expenditures exceed $30,000 shall provide for an annual audit of all accounts by a certified public accountant who is not an employee of the center nor a member of the governing body. Centers with less than $100,000 total annual expenditures may submit unaudited financial statements compiled by agency personnel.
7.706.14 Personnel [Rev. eff. 5/1/02]
A. Each staff member of the day treatment center shall evidence an interest in and knowledge of children and concern for their proper care and well-being. B. Each staff member of the day treatment center shall obtain a physical examination which shall be performed during the six-month period preceding employment by the center. This examination shall have been performed by a physician or a qualified nurse practitioner licensed to practice in the State of Colorado and shall verify that she/he suffers from no illness or communicable disease, including tuberculosis, that would adversely affect children in care. A statement, signed by the physician or nurse practitioner, shall be submitted to the center and retained in the personnel files. Subsequent statements shall be submitted annually and as required in a written plan signed by the physician. C. There shall be at least one written reference regarding each staff member of the center verifying the individual's character and suitability to work with children. This reference shall be retained in the staff member's personnel file. D. The administrator of the day treatment center shall have received a bachelor's degree from an accredited college and have completed two years of verifiable work experience with children in the field of psychiatry, psychology, social work, child development and child care, education, nursing, or other allied professions. The director and governing body shall be responsible for assuring that the Rules Regulating Day Treatment Centers are being met. E. There shall be at least one treatment leader on the staff of the day treatment center who shall be responsible for the coordination of treatment of each child registered at the day treatment center. The treatment leader shall have at least a master's degree in the behavioral science field such as social work, psychology, psychiatric nursing; or the treatment leader shall be a psychiatrist who is qualified and licensed to practice in the State of Colorado. In addition to education, the treatment leader shall have completed three years of treatment-oriented experience. 1. If properly qualified, the treatment leader and the administrator may be the same individual. 2. The treatment center may contract with a recognized agency for the provision of treatment services. The staff member of the agency who is to fulfill the responsibility of treatment leader must meet the requirements stated in Section 7.706.14, E. 3. There shall be at least one treatment leader employed by the day treatment center for each 25 children enrolled at the day treatment center. The treatment leader(s) shall be employed and actively involved in the services prescribed for each child through supervision or direct service for the number of hours per day the treatment program operates. F. There shall be counselors hired by the day treatment center, sufficient in number, to supervise the children and carry out the program of the day treatment center. Each counselor shall have completed a bachelor's degree in behavioral sciences or four years of experience with appropriate-aged children and be at least 21 years of age. The counselors shall work under the supervision of the treatment leader. 1. The ratio of counselors and/or treatment leader(s) to children in care shall be not less than the following schedule:
Age of Children Staff Necessary
5 years-13 years 1 staff member : 8 children
13 years-16 years & over 1 staff member : 10 children
2. There shall be at least one counselor or treatment leader on duty at the day treatment center at any time children are present. If only one counselor is on duty, there shall be a second staff member on call and immediately available to be summoned in case of emergency. 3. Substitute counselors shall be of the same minimum qualifications as regularly assigned counselors. G. Para-professionals must be at least 21 years of age and, under direct supervision, may assist the director, teachers, counselors, and treatment leaders with the children. H. There shall be one staff member on duty at the center at all times who holds a current Red Cross first aid card or equivalent and CPR card.
7.706.15 Child Care Services [Rev. eff. 10/1/03]
A. Admission of the children to the day treatment center shall be limited to and in keeping with the stated purpose and goals of the center. 1. Intake policies of the center shall be clearly defined in writing and shall be reviewed and modified as necessary. 2. At intake the center shall obtain: a. Identifying information necessary for the child's record as required at Section 7.706.18, A. b. Psycho-social history of the child. c. A statement about the health history of the child which includes at least the immunization record; information and instruction for care of each child who has a chronic or handicapping problem such as seizures, asthma, diabetes, allergies, heart or respiratory illness or drug addiction; date of last physical examination. If child has not had a physical examination within the past 12 months, such examination shall be completed within 30 days of admission to the program. Subsequent examinations shall be obtained as required by a physician or nurse practitioner licensed to practice in Colorado. d. The center shall obtain written permission for the following from the person or agency having custody: 1) Permission to treat the child. 2) Permission to obtain emergency medical care in the event that the child has an accident or illness requiring medical attention when parent or guardian is unavailable. 3) Permission to provide transportation to and from the center or for center-sponsored activities if necessary. 4) Permission for the use of physical restraint. B. For each child in the day treatment program, long range and short term goals shall be established and a case plan written which includes anticipated behavioral changes of the child and projected length of participation in the day treatment program. Goals and case plans shall be evaluated at least monthly. The discharge plans shall become part of the case plan and shall describe the child's behavior at the time of discharge from the day treatment program. The treatment leader shall be responsible for establishment and signing the case plans. 1. Persons to be involved in the process of case planning and periodic evaluation shall include a staff member of the agency having referred the child, the parent or guardian, as appropriate, and staff members of other agencies serving the child. 2. A monthly progress report shall include a description of the child's behavior, summary of the treatment activities, and revision of the case plan. The report shall be forwarded to the referring agency and reviewed with parent or guardian monthly for the first six months that the child is in the center and quarterly thereafter. 3. The center shall maintain open communication with parents, guardians and/or referring agency and include each party in the treatment plan and reviews, as may be appropriate for each family and student. C. Treatment shall be provided to each child enrolled in the center pursuant to his/her case plan. Treatment sessions with members of the child's family shall be included, as deemed necessary and as part of the case plan. Each child and/or his/her family shall participate in at least two weekly sessions of individual therapy, group therapy or family therapy. All services shall be documented in the child's file. D. If the child is attending a school operated by the day treatment program, a plan shall be established with appropriate school personnel of the school most recently or currently attended and with the child's parent(s) or guardian(s) for the education of the child based upon his/her particular needs and special ability. E. Each day treatment center shall establish a schedule or a plan of activities which shall indicate the plan for educational and treatment services, as well as other services such as recreation and employment as appropriate for children in care. F. Outdoor and indoor recreational equipment and material shall be provided in sufficient variety and quantity so the center may adequately sponsor and supervise necessary recreational activities. Games, toys, equipment, and arts and crafts material shall be selected according to age, number of children, and with consideration of the needs of children to engage in both active and quiet play. All equipment and materials shall be of quality to assure safety, and shall be of a type which allows for imaginative play and creativeness. 1. The center shall establish a written policy related to the participation of children in potentially dangerous recreational activities which include the use of such equipment as trampolines, trail bikes, snowmobiles, boats, body-building equipment and such activities as archery, riflery, horseback riding and backpacking (see Rules Regulating Children's Camps). 2. A staff member shall be assigned the responsibility for supervision and coordination of the total recreational program including training and supervision of staff and volunteers. G. As appropriate to the child's age and ability and as indicated in the case plan, the child shall be offered guidance and help in obtaining paid or voluntary work assignments. If employment services are part of the program of the day treatment center, one center staff member shall be assigned the responsibility of coordinating such work arrangement and shall know the employer of the child, the specific type of work and conditions of employment. H. Each child shall receive assistance or supervision needed to help him/her establish good habits of personal care, grooming and hygiene. I. Only prescribed medicines labeled with the child's name, name and strength of the medicine, directions for use, date filled, prescription number and name of practitioner shall be given with the written consent from the child's parent or guardian. Medicines must be in the original container. A record of medication administered, which includes the child's name, the date and time the medication was administered, the name and dosage of the medication, and the name or initials of the staff person who administered it, shall be maintained in the child's file. There shall be one staff member on duty at all times designated to administer and record all medication. The responsible staff person must have completed State-approved medication administration training and have documentation on file. All medicines and drugs shall be kept in a locked storage area inaccessible to children. J. Children who are in the day treatment center for more than four hours, day or evening, shall receive a meal. 1. If the facility provides the meal, menus shall be kept for at least a two week period, and there shall be a documented review periodically by a qualified nutritional consultant. Children shall not be given foods which are contrary to their religious beliefs or which are known to cause an allergic reaction or health hazard. 2. Drinking water shall be freely available to children. K. Any vehicle used for transportation of children and the vehicle driver shall meet the following regulations: 1. Vehicles shall be licensed in accordance with Colorado state law, and drivers shall comply with applicable laws of the Colorado State Department of Revenue, Motor Vehicle Division, and ordinances of the municipality in which the day treatment center is located. 2. The drivers shall hold a valid Standard First Aid Certificate or equivalent and CPR card. 3. Only enclosed vehicles shall be used to transport children except an enclosed pickup truck shall not be permitted. All seats must be forward-facing and shall be securely fastened to the vehicle body. A seat belt or booster seat for children under 40 pounds shall be provided for each seat. Only the number of passengers that can be comfortably seated on passenger seats shall be permitted in the vehicle. Each occupant shall be sitting when the vehicle is moving. Passengers shall not sit on the floor. 4. Each vehicle shall be equipped with a first aid kit, an operable fire extinguisher and seat belts in the front seats. 5. The day treatment center shall carry public liability insurance on vehicles used for transportation of children in the day treatment program. 6. The staff ratio required at the day treatment center shall be maintained in any vehicle when transporting children from the day treatment center. The driver may be considered in the staff ratio. 7. The center shall receive written permission from parents or guardians for transportation of a child to and from a center or for center-sponsored excursions.
7.706.16 Behavior Management [Rev. eff. 5/1/02]
A. Each day treatment center will have written documentation of policies and procedures that describe the treatment model, philosophy or principles upon which the behavior management system is based and who shall be responsible for disciplinary measures. B. The behavior management system must be explained to parents/guardians and to children taking into account the child¿s developmental and cognitive level. C. The behavior management system must include, at a minimum: 1. Positive constructive or educational components including but not limited to diversion, withholding of privileges, talk with the child about the situation, positive reinforcement, skill training, and skill development. 2. Clear rules and expectations with predictable, consistent consequences or interventions that will be used by staff members to reinforce positive behaviors and to address disruptive, off-task or unsafe behaviors in the program. 3. A continuum of de-escalation and redirecting techniques to deal with disruptive, escalating or unsafe behaviors. 4. A review process for addressing chronic behavior problems or serious acute problems in which a child is not responding to the behavior management program as being implemented. D. The program will have a monitoring process of the behavior management system to assure both consistency in implementation and for continuous quality improvement as needed to address changing client needs and behaviors. E. Physical restraints will be considered an extreme level of intervention at the day treatment level. The occurrence of restraints for a particular child will require a review as described in Section C, 4 above. The goal of these reviews will be to eliminate restraints for the child by reassessing the identified problem, adjusting the treatment plan, utilizing additional resources or other such interventions including the evaluation of whether day treatment is a level of care at which this child can successfully function at this time. F. The behavior management system will include, but not be limited to, any of the following: 1. No child shall be punched, shaken, pinched, bitten, roughly handled or struck by an inanimate object by staff members of the day treatment center. 2. Authority to discipline shall not be delegated to other children. 3. Separation when used as discipline shall be brief and appropriate to the child's age and circumstances, and the child shall be within hearing and visual observation of an adult in a safe, lighted, well-ventilated room. No child shall be secluded in a locked room or closet. 4. No child shall be punished for toileting accidents. 5. Verbal abuse or derogatory remarks about the child, his family, his race, religion or cultural background shall not be used or permitted. 6. No child shall be force-fed. 7. Meals may be provided individually, but deprivation of meals shall not be used as punishment. 8. No child shall be subjected to physical harm or humiliation. 9. Locked seclusion, including securing a door by a person or persons or any other physical means that for all intents and purposes has the same effect as locking a door. G. Disregard of any of the foregoing disciplinary rules or any disciplinary measure resulting in physical injury or abuse of any child shall be grounds for the denial, revocation, suspension, or making probationary of the license.
7.706.17 Physical Restraint [Eff. 5/1/02]
A. Physical restraint is an age appropriate physical intervention by a trained staff member of a facility in an emergency situation to limit, restrict, or control the dangerous behavior of a child by means of physical holding of the child. Physical holding of a child is the only method of physical restraint allowed. The use of a mechanical restraint, including, but not limited to, the use of handcuffs, shackles, straight jackets, posey vests, ankle, wrist, and chest restraints is prohibited. A physical restraint is to be used only during periods of crisis or emergency for the child, when the child is displaying acute physical behavior and is thus a danger to him/herself and/or others, and when all other means to control and de-escalate the crisis or emergency have failed. The restraint shall not impede or inhibit the child's ability to breathe in any manner, including placing excess pressure on the chest or back area or on the child¿s mouth. The restraint shall last only as long as is necessary to calm the child, and for the child to show that he/she has regained control by giving verbal agreement to not be a threat to self or others. B. If a program chooses to use physical restraint with the children placed at the facility, the facility shall restrain children only in accordance with the following rules: 1. Prior to the use of restraint, the facility must have tried all positive and constructive methods of dealing with a child, including but not limited to, implementation of a structured and consistent behavior management system, physical structuring of the environment, talking with the child, praise for appropriate behavior, skill training and development, assisting a child with the expression of feelings, and de-escalation of the situation. 2. Restraint may be used in an emergency situation only when positive, constructive, non-physical de-escalation and structuring of the environment have not been effective in controlling the child's behavior. 3. Physical restraint must never be used as a punitive form of discipline, as a form of treatment or therapy, or as a threat to control or gain compliance of a child's behavior. 4. A child must be released from a physical restraint within fifteen minutes after the initiation of the restraint, except when precluded for safety reasons. C. Each program choosing to use physical restraint to control a child whose behavior is out of control and a danger to him/herself or others must have a written physical restraint policy that is adopted and implemented by the program. The written policy must include at a minimum the following information: 1. Documentation of the type/philosophy/model of the behavior management system utilized by the program. 2. Documentation of the type/philosophy/model of the nationally recognized de-escalation and physical restraint techniques to be used including, but not limited to, Therapeutic Crisis Intervention, Crisis Prevention Intervention, or other training approved by state regulatory agencies. 3. Which staff members will be approved by the program to use physical restraint as an intervention with children in the program. 4. The type of nationally recognized training and/or certification staff members approved to use physical restraint techniques will be required to have prior to utilizing the intervention with a child. 5. The type and number of hours of ongoing training each staff member will be required to participate and display proficiency in regarding de-escalation and physical restraint techniques. 6. What preventive/de-escalation techniques and positive behavioral intervention must be attempted by staff prior to the use of physical restraint as an intervention with a child displaying acute physical behavior. 7. How the facility continually observes and evaluates the use of physical restraint as an intervention with the children in the program. 8. The type of written documentation the facility maintains of each physical restraint intervention that describes the details of the incident, the lower level interventions attempted and the staff¿s decision making process and involvement. 9. The type of written documentation the facility maintains that describes the debriefing with the child and staff following the restraint to address other options that may have been successful in de-escalating the child. 10. Evaluation by an objective, internal professional of the documentation of each physical restraint intervention to determine appropriateness and effectiveness of preventive/de-escalation techniques used and effectiveness and appropriateness of the restraint itself with individual clients. 11. The requirement that staff not restrain children in areas of the program that may pose a threat to the health and safety of the child including, but not limited to, soft, pliable surfaces, concrete, asphalt or areas including broken glass. 12. Notification of the parent/legal guardian and child in advance of the program¿s physical restraint policy and methodology. 13. Verbal notification to the parent/legal guardian of each use of physical restraint, no later than the end of the school day that the intervention occurred with a written report completed within 36 hours of the restraint and given to the parent/guardian. 14. How the program monitors the physical well-being of the child during and after the restraint, including but not limited to breathing, pulse, color, and signs of choking or respiratory distress. 15. Emergency procedures, including first aid, that will be used if a child or staff member is seriously injured during a restraint. 16. The requirement of staff to report to the county department of human/social services or local law enforcement any injury, bruising, or death that occurs as a result of the restraint pursuant to Colorado state law. 17. The internal review process of the facility to assess carefully any injuries, bruising, or death. D. All staff in the facility that will be involved in physical restraint must complete the following: 1. A nationally recognized 6 to 12-hour original de-escalation/restraint training program that includes a competency test as a part of the training program. Successful completion of the competency test is mandatory prior to any staff member being approved to use physical restraint as an intervention. 2. Periodic observation of each staff member performing a restraint by a supervisor of the facility who has been trained in restraint. 3. If a supervisor of the facility determines a staff member did not correctly perform a physical restraint, the staff member must be immediately retrained or be restricted from performing further restraints until retraining can occur. 4. Regular training at least every six months for each staff member involved in restraint to review and refresh skills involved in positive behavior intervention, de-escalation, and physical restraint. E. Authorization for Physical Restraint 1. At the time of admission, the person or agency holding legal custody of the child shall be notified and must give written consent for the child to be restrained in conjunction with program policy. No child shall be restrained without the specific written permission of the person or agency holding legal custody of the child. 2. At the time of admission to the program, each child shall be told, in a language or communication understandable to him/her, of the purpose of restraint, the restraint model/method used and the type of acute physical behaviors which might result in the child being restrained for their own safety and the safety of others. F. Each physical restraint incident shall be recorded. The following information must be included: 1. The name of the child, date and time of day, staff members involved, their position at the facility and their involvement in the physical restraint, and how long the restraint lasted. 2. The precipitating incident(s) and the child's behavior before the restraint occurred. 3. What specific actions were attempted and/or taken to de-escalate the situation and control, calm, or contain the child and the effect of these de-escalating actions upon the child. 4. A description of the restraint including the child's physical, emotional and behavioral condition during the restraint. 5. A description of the debriefing and evaluation with the child and with the staff. 6. The child's physical condition prior to and following the restraint. 7. The child's emotional/behavioral condition prior to and following the restraint. G. Review of Use of Restraint: 1. Records of each physical restraint shall be reviewed by a supervisor of the facility within 48 hours of each restraint. 2. According to the policies and procedures of the facility, the entire child's plan must be reviewed if it appears that the child is being physically restrained an excessive number of times, frequently in a short period of time, or frequently by the same staff member. 3. If any particular de-escalation technique appears to be causing an escalation in the behavior of a child or a group of children, the use of the technique shall be evaluated for its effectiveness. De-escalation techniques that are not effective or are counter-productive must be terminated at the earliest opportunity. 4. If either the child or a staff member was seriously injured or died during a restraint, a thorough review of the restraint and injuries must be instituted immediately. Based on the findings of the review, the staff members involved in the restraint must be retrained or corrective personnel action must be taken. 5. If a staff member appears to be involved in a larger number of physical restraints than other staff members and is not a part of a specially trained team, or is unsuccessful at using de-escalation effectively, the facility must conduct a thorough review of the staff member's interactions with children, prior restraint training, and need for further training or corrective personnel action as required by program¿s policies.
7.706.18 Records [Rev. eff. 5/1/02]
A. A record of admission shall be completed for each child prior to, or at the time of, admission to the day treatment program and shall include: 1. Necessary identifying information including the child's name, address, telephone number, birth date, sex; name, address, telephone number of parent(s) or guardian(s); name and relationship of person with whom child is living, if different from parent(s) or guardian(s); address and telephone number at the location person(s) responsible for child can be reached when child is participating in the treatment program; name, address and telephone number of individual to contact in emergency if parent(s) or guardian(s) is unavailable; name, address and telephone number of referring agency and referring worker; physical description of the child, description of child's behavior and personal habits, health and immunization record; name and address of individual who may call for the child if the child is not to leave the center on his own; name, address and telephone number of child's physician or the clinic where medical care is obtained. 2. A current medical statement, records of medication provided to the child and records of all injuries occurring while in care at the center. 3. Written permissions as required at Section 7.706.15, A, 2, d. 4. A case plan, a summary of the periodic evaluations of the child's progress and resultant changes in the case plan. The evaluation summary shall include the date and the individuals who participated, as well as a description of the child's progress toward the objectives outlined in the case plan. 5. A summary of the discharge of the child from the center which includes at least the date of the discharge and reason for child's discharge from program. B. A daily attendance chart indicating the names of children who attended each session each day shall be maintained. C. Personnel record for each staff member which includes the following shall be maintained: name, address, telephone number, birth date, education and training, work experience, employment reference, statements of physician or nurse practitioner; names, addresses and telephone numbers of persons to be notified in event of an emergency; date of employment; copy of first aid card or equivalent and CPR training, and medication administration training, if appropriate. D. Administrative records which shall be on file at the center include: current health department inspection report, current fire department inspection report, a list of current staff members and substitutes, and a staffing pattern.
7.706.19 Physical Requirements for a Safe and Adequate Center [Rev. eff. 10/1/03]
A. The day treatment center shall declare to the Colorado Department of Human Services the address of each building which will be used by the day treatment center, the anticipated hours of use of the building by the day treatment center, and the type of use of each building by the day treatment center. B. The licensing representative shall inspect and approve the entire premises of each facility to be used or in use by the day treatment center, including, but not limited to, the building, the grounds surrounding the building, the basement or attic, if accessible, any other buildings on the grounds, such as garage, storage areas and carports. C. Each facility used by the day treatment center shall be equipped with adequate heat, light and ventilation for safe and comfortable occupancy. D. All heating units shall be installed and maintained with safety devices to prevent fire, explosions, and other hazards. No open-flame gas or oil stoves, hot plates or unvented heaters shall be used for heating purposes. E. Closets, attics, basements, cellars, furnace rooms and exit routes shall be kept free from accumulation of extraneous material such as discarded furniture, furnishings, newspapers or magazines. Combustibles, such as cleaning rags, mops, cleaning compounds, shall be labeled and stored in well-ventilated areas. Storage of gasoline, kerosene, fuel oil and other flammable materials shall meet requirements of the safety and fire code. F. In each facility there shall be at least two approved, alternate, widely-separated means of egress from each floor of the building to safe and open space at the ground level. G. No lock or fastening to prevent free escape from the inside of the room or building used by children shall be permitted. Exit hardware shall be of the single-action type. H. Exit doors shall be obvious and marked by exit signs. I. The route to each exit shall be conspicuously indicated in such a manner that each occupant of a building or structure who is physically and mentally capable will readily know the direction of the escape from any point. Each path of escape shall be so arranged or marked in such a manner that the way to a place of safety outside is unmistakable. Exitways and pathways to exitways shall be unobstructed at all times. J. Any accessible areas beneath stairways which will be used as exitways by children shall be enclosed with one-hour fire resistant material. K. In each building used by the treatment center, fire alarm facilities shall be provided to warn occupants of the existence of a fire so that they may escape, or to facilitate the orderly conduct of fire exit drills which shall be held on a regular basis. L. Responsibility for the planning and conduct of fire drills shall be assigned to a staff member qualified to exercise such leadership and shall be held with sufficient frequency to familiarize all occupants with the drill procedure and conduct of the drill. M. Each facility shall have a telephone, and near the telephone shall be located the numbers of an emergency medical facility, the local fire and police departments, and other emergency numbers including poison control, if available. N. When smoking within the facility is permitted, smoking areas shall be designated. O. If weapons are on the property of the facility, they shall be rendered totally inoperable and shall be locked up to prevent unauthorized use. Ammunition, projectiles such as arrows or other items which can be used to make the weapon operable, shall be locked separately. Weapons shall not be transported in any vehicle in which children are riding unless the weapons are made inoperable and inaccessible. P. When a swimming pool is provided, it shall meet the requirements of the Colorado Department of Public Health and Environment or local unit. Safety precautions shall include protective fencing, nonskid surface of at least four feet adjoining pool sides, and winter coverage which shall exclude plastic or inflatable-type domes. A lifeguard, who holds an advanced life saving certificate, shall be in attendance at all times when the pool is in use. Q. The Colorado Department of Human Services will establish the number of children who may be served at any one time in the building(s) used by the day treatment center for school, recreation or therapy, established on the basis of one child per twenty square feet of space within the rooms which are to be used. Areas within the building which are to be used for bedroom, kitchen, office, hallways, or bathroom cannot be counted as space available for use by the children at the day treatment center. R. Within the buildings to be used by children in the day treatment program, there must be one toilet and one lavatory for every thirty children in attendance. S. Arrangement must be made for personal belongings of each child while in attendance at the center.
7.707 RULES REGULATING FAMILY CHILD CARE HOMES
All family child care homes must comply with the "General Rules for Child Care Facilities" as well as the "Rules Regulating Family Child Care Homes."
Rules in bold type apply only to infant/toddler homes or large homes, as indicated. The rules in bold type either replace other rules appearing in that section or are in addition to other rules in the section.
7.707.1 POLICY OF THE COLORADO DEPARTMENT OF HUMAN SERVICES
It is the policy of the Colorado Department of Human Services ("the Department") to promote and encourage child care in environments that contribute to the safety, health, protection, and well-being of children. To verify compliance with standards intended to ensure such an environment, the Department requires thorough and ongoing appraisals of child care facilities, persons working in the child care profession, and the nature of care provided.
7.707.2 DEFINITIONS [Rev. eff. 5/1/07]
The capacity for a family child care home (generally referred to within these rules as "the home") is determined by the amount of indoor and outdoor space designated for child care, as well as the following factors.
A. A family child care home is a type of family care home that provides less than 24-hour care for 2 or more children on a regular basis in a place of residence. Children in care are from different family households and are not related to the caregiver. 1. Care may be provided for 6 children from birth to 13 years of age with no more than 2 children under 2 years of age. This does not prohibit the care of children ages 13 to 18. 2. Care also may be provided for no more than 2 additional children of school age attending full-day school. School-age children are children enrolled in a kindergarten program a year before they enter the first garde and children 6 years of age and older. 3. Residents of the home under 12 years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity, except where specifically indicated otherwise. 4. A family child care licensee may be approved to care for 3 children under 2 years of age with no more than 2 children under 12 months, including the caregiver's own children, under the following conditions. a. The licensee has complied with all of the following requirements prior to approval of the license: o The licensee has held a full license to operate a family child care home for at least 2 years immediately prior to the issuance of the license that would authorize the care of 3 children under 2 years of age. o The licensee has completed 40 clock hours of approved training, which includes the required hours of training and first aid obtained when originally licensed (see Section 7.707.42, C, for content). o The licensee has had no substantiated complaints about care provided to children in the home in the past 2 years. b. No care of additional children of school age during non-school hours may be authorized. c. Licensees issued a 3 children under 2 years of age license are approved for both the 3 under 2 and the regular license capacities and may switch between the 2 capacities without notifying the Department as long as they are in compliance with all licensing rules. B. An infant/toddler home is a type of family care home that provides less than 24-hour care only for children who are between birth and 3 years old. 1. The caregiver may have no more than 1 child or foster child between 3 and 6 years of age. 2. If there is 1 caregiver, there may be a maximum of 4 children, with no more than 2 children under 12 months, including the caregiver's own children. 3. If there are 2 caregivers caring for children at all times when children are present, there may be a maximum of 6 children between birth and 3 years old, and no more than 3 of those children can be between birth and 1 year old, including the caregiver's own children. 4. An exception to Section 7.707.2, B, 2 and 3, can be made in the case of the care of twins, triplets, and other siblings close in age to each other so that they need not be separated, but the total number of children cannot exceed 4 in an infant/toddler home with 1 caregiver, and 6 in an infant/toddler home with 2 caregivers. C. A large child care home is a family child care home that provides care for 7 to 12 children. 1. Child care may be provided to children from 24 months to 13 years of age. This does not prohibit the care of children ages 13 to 18. 2. Care may be provided to no more than 2 children under 2 whether or not older siblings are in care. D. The Experienced Family Child Care Provider This section establishes a new license type for Experienced Family Child Care Home Providers. The impact of this new license type will be evaluated over a 2-year period ending August 1, 2001, to determine if this license type should be continued beyond that date. Providers who meet these specific requirements, as well as all other rules required of family child care home providers, may apply to become an "Experienced Family Child Care Home Provider". 1. To be approved for the experienced provider license, the provider must: a. Have been a family child care home provider in Colorado for at least the last six (6) consecutive years; b. Have completed 90 clock hours of training within the preceding six (6) years (excluding pre-licensing training); providers with a minimum of 65 hours of training within the preceding six years may be approved for the license if they complete the additional 25 hours of training within one year of the effective date of these rules; 40 hours of the 90 hours must be in infant/toddler training; c. Have had no substantiated complaints in the preceding two (2) years for violations that could directly threaten the health or safety of children in care; d. Have had no negative licensing action taken against the license in the preceding two (2) years; e. Meet requirements of 35 square feet of inside space and 75 square feet of outside space per child; f. Comply with local zoning restrictions. 2. The following chart describes the various options available to the experienced family child care home provider. Providers are free to move from one option to another without notifying the department, as long as they are in compliance with all licensing rules.
EXPERIENCED CHILD CARE PROVIDER LICENSE
All Options Include Provider's Own Children Under 10 years of Age
Number of Number of Of Those Under 2, Number of
Children Children Under the Number Under Additional
Birth to 2 Years Allowed 18 Months Allowed School-Age
School Age Children Allowed
Option 1 5 4 2 2
Option 2 6 3 2 3
Option 3 8 2 2 0
Option 4 7 2 2 2
___________________________________________________________________________________________________
Options 5 and 6 Apply Only to Regular License Capacity (7.707.2, A), not the Experienced Provider Capacities
Option 5 One (1) extra child in addition to the regular child care license capacity for a maximum of 8 weeks per calendar year as needed for flexibility purposes.
Option 6 An overlap of one (1) extra child in addition to the regular child care license capacity for up to two (2) hours per day as needed for flexibility purposes.
3. Applying for the Experienced Provider License a. At least 60 calendar days prior to the proposed date of operation as an experienced provider, the applicant must submit the following items to the state Department of Human Services: o a completed and signed experienced provider application form, which: -- affirms compliance with all the rules for Family Child Care Home providers and experienced providers -- affirms that the 90 clock hours of training have been completed -- includes an agreement to waive the right to appeal rules related to capacity and space requirements -- affirms the provider's understanding that the experienced provider's license will immediately revert to a regular license if capacities are exceeded at any time o a check or money order in the amount of $35 o a detailed emergency evacuation plan to accommodate the highest capacity of children in care b. A licensing evaluation will occur after the Department has reviewed the application. c. If applying at the time of continuation of a regular child care license, providers must submit the experienced provider application with their continuation documents and a check or money order for $35 for the application fee. The $22 continuation fee for the regular license need not be paid. 4. Continuing the Experienced Provider License a. Annually, prior to their continuation date, experienced providers must submit the following to the Department: o a completed and signed continuation form o a completed compliance form affirming ongoing compliance with the rules for family child care home providers and experienced providers, including a list of training completed during the year to comply with annual training requirements found in this section o a $35 continuation licensing fee b. At the time the continuation documents are submitted to the Department, the experienced provider must complete a written self-evaluation on the forms prescribed by the Department. The self-evaluation form must be maintained by the facility and be available for review upon request by the licensing specialist. c. Annually, the experienced provider must complete 18 clock hours of ongoing training, with a minimum of 6 of the hours in the area of child growth and development. d. The experienced provider must be able to satisfactorily demonstrate the emergency evacuation plan during any licensing visit. 5. Negative Licensing Action Taken Against the Experienced Provider License a. Negative licensing action may be taken against the experienced provider license for any of the following reasons: o substantiated complaints and licensing violations that could directly threaten the health or safety of children in care o character or suitability issues that could jeopardize the health of children or adversely affect the ability of the provider to care for children as defined in the "General Rules for Child Care Facilities" o any violation for which a licensed child care facility could be subject to negative licensing action b. The provider would be allowed to reapply for the experienced provider license after 2 years from the date negative licensing action was taken if the provider has no substantiated complaints regarding violations that could directly threaten the health or safety of children in care. c. If an experienced provider application is denied, the home will continue with a regular license as long as all continuation requirements have been met. d. Should this section be eliminated from rule following a 2-year evaluation ending in 2001, all experienced provider licenses would revert to regular license status.
7.707.3 POLICIES AND PROCEDURES
7.707.31 Statement of Policies
A written statement of the home's policies must be available to parents and guardians, including such topics as: admission and registration of children, illnesses and administration of medication, holidays, payment of fees, discipline, emergency and security procedures, and meals and snacks.
7.707.32 Communication, Emergency, and Security Procedures
A. The home must have a working unblocked telephone that has the capacity to receive all incoming calls. Telephone numbers of the following must be posted near the telephone: a 911 notice, where 911 is available, or rescue unit if 911 isn't available; a hospital or emergency medical clinic; the local fire, police, and health departments; Rocky Mountain Poison Control; and, the name and telephone number of the provider's substitute. Numbers for the parent(s) or guardian(s) of each child in care, plus alternative emergency numbers, including the number of the child's doctor, must be readily available. B. The home must release the child only to the adult(s) for whom written authorization has been given and is maintained in the child's record (see Section 7.707.91). In an emergency, the child may also be released to an adult for whom the child's parent or guardian has given verbal authorization. If the caregiver does not know the adult, identification must be required to assure that the adult is authorized to pick up the child. C. For security purposes and to document capacities, a daily sign-in/sign-out sheet must be maintained by all homes operated by an experienced family child care home provider (see Section 7.707.2, D). It must include, for each child in care, the date, the child¿s name, the time when the child arrived at and left the home, and the parent or guardians signature.
7.707.4 PERSONNEL
7.707.41 Requirements for Personnel [Rev. eff. 6/1/00]
A. General 1. Caregivers must have demonstrated an interest in and knowledge of children and a concern for their proper care and well-being. 2. Children for whom the caregiver has custody and responsibility must not have been placed in foster care or residential care under circumstances tending to show that the caregiver or other resident of the home was abusive, neglectful, or a danger to the health, safety, or well-being of those children. 3. Licensees and caregivers must be at least 18 years of age. 4. All caregivers and all persons residing in the home must submit to the Department, on the form required by the Department, a health evaluation signed and dated by a licensed physician or other health professional. Subsequent health evaluations for the caregivers and children residing in the home who are in care must be submitted every 2 years or as required in a written plan signed by a physician or other health professional. If, in the opinion of a physician or mental health practitioner, a physical, medical, emotional, or psychological condition exists at any time that may jeopardize the health of children or adversely affect the ability of a licensee to care for children, a qualified substitute caregiver must be employed, or child care services must be suspended until the physician or mental health practitioner certifies that the health risk has been eliminated. B. Infant/Toddler Home 1. For an infant/toddler home with 1 caregiver, that caregiver must be at least 21 years of age. For an infant/toddler home with 2 caregivers, 1 caregiver must be at least 21 years of age and the second must be at least 18 years of age. 2. Each caregiver must have parented a child through at least the first year of life or completed 1 year of supervised experience caring for children who are younger than 3 years old. Such experience may have been obtained as a licensed home caregiver, in a family foster home, child care center, or preschool. Each caregiver must be able to verify the required experience. C. Large Home 1. The licensee must be the primary caregiver and must reside in the large child care home. 2. The primary caregiver at a large child care home must meet one of the following: a. A minimum of 3 years of documented satisfactory experience in the group care of children or as a licensed home caregiver; or, b. A minimum of 2 years of college education in an accredited college or university, with at least 1 college course in early childhood education, plus 1 year of documented satisfactory experience in the group care of children; or, c. Current certification as a Child Development Associate (CDA) or other department-approved credential; or, d. Completion prior to licensing of 40 clock hours of training in child development, child care practices, appropriate discipline, child nutrition, health care practices; and, o A minimum of 2 years of experience as a licensed caregiver holding a permanent license immediately before becoming a licensee of a large child care home; or, o A minimum of 2 years of full-time experience in the group care of children who are under the age of 6. 3. If the home was previously licensed as a regular family child care home, there must have been no substantiated complaints about the care of children in the home in the past 2 years. 4. Staff aides must be at least 16 years of age and must meet requirements for first aid and CPR training and for a health evaluation (see Section 7.707.42, B, and 7.707.41, A, 4). 5. All caregivers must be at least 16 years of age and must work directly under the supervision of the primary caregiver in charge and responsible for the care of the children.
7.707.42 Training [Rev. eff. 9/1/08]
(See also Section 7.707.41, C, 2, Large Home)
A. Any person applying for a license to operate a family child care home must possess basic knowledge of child growth and development, early childhood care and education, child nutrition, appropriate discipline, child abuse recognition and reporting, operation of a family child care business, and safety and health care practices, including universal precautions. Prior to the issuance of the license, the licensee and primary caregiver must complete a Department approved fifteen (15) clock hour course that includes six core knowledge standards. Those individuals who are director qualified or have a 2- or 4-year degree in early childhood education are exempt from prelicensing training, except for the 1-1/2 hours of universal precautions training. Prior to issuance of the license, licensees and caregivers must complete a minimum of 1-1/2 hours of training in universal precautions. This one and one-half (1-1/2) hours of universal precautions training can be included as part of the pre-licensing training, in which case the total number of hours required is sixteen and one-half (16-1/2). Universal precautions are safe work practices to prevent exposure to blood and body fluids. Documentation of this training must include hours of training and completion date. This training must be renewed every three (3) years. Renewal of universal precautions training can be part of the First Aid training. Licensees requesting continuation of a permanent license to operate a home and all caregivers must complete an additional fifteen (15) clock hours or one semester hour of training each year. The additional training must be documented on the form designated by the department and submitted to the department every year. This training must relate to one or more of the following general areas--child growth and development, healthy and safe environment, developmentally appropriate practices, guidance, family relationships, cultural and individual diversity, and professionalism. The fifteen (15) clock hours of training do not include re-certification in First Aid and CPR. B. Prior to licensing, all caregivers, excluding staff aides, who are in regular and frequent contact with the children in care must have a current department-approved first aid and safety certificate that includes CPR for all ages of children and have successfuly completed the Department-required medication administration course. C. All caregivers, excluding staff aides, who are in regular contact with the children in care must have current certification for the Department-required medication administration course. D. In an infant/toddler home, the licensee must have completed a department-approved course of training, a minimum of 40 clock hours which includes the following subject matter: growth and development of children from birth to 3 years; infant stimulation, nutrition, child guidance, first aid, and home safety; child abuse reporting; and child care practices for children birth to 3 years. This training need not have been taken for college credit.
7.707.43 Required Supervision [Rev. eff. 11/1/98]
A. General The caregiver must supervise and know the location and activity of all children while they are in care. B. Large Home 1. The primary caregiver at a large child care home, or an individual who meets the requirements for a primary caregiver of a large home, must be at the home any time that child care is being provided. 2. The primary caregiver, or a substitute who meets all of the requirements for a primary caregiver, and a staff aide who is at least 16 years of age must be on duty at all times when 8 or more children are in attendance (see Section 7.707.41, C, 4). 3. The primary caregiver or the staff aide must provide direct supervision of each child at all times.
7.707.44 Substitutes [Rev. eff. 1/1/04]
A. General Arrangements must be made for a substitute who is at least 18 years old and is capable of providing care and supervision of children and handling emergencies in the absence of the caregiver. 1. Prior to caring for children at the home, the substitute must be given an opportunity to examine these rules and to become familiar with children in care and with the normal routines and practices of the home. 2. Substitutes who work at the home on a regular basis must comply with requirements for first aid and CPR training (Section 7.707.42, B) and a health evaluation (Section 7.707.41, A, 4) as well as a criminal record check and State Department's automated system check as outlined at Sections 7.701.33 and 7.701.32 (General Rules for Child Care Facilities). B. Infant/Toddler Home The substitute for the caregiver(s) must meet the same age requirements as the caregiver (see Section 7.707.41, B). C. Large Home 1. Arrangements must be made for a substitute who meets the requirements for a primary caregiver of a large home to provide care and supervision of children in the absence of the primary caregiver. 2. An individual who meets all of the requirements for a staff aide must be available to substitute for the staff aide when necessary.
7.707.5 CHILD CARE SERVICES
7.707.51 Admission Procedure [rev. eff. 11/1/98]
A. Admission procedures must be completed prior to the child's attendance at the home and must include: 1. A pre-admission interview with the child's parent(s) or guardian(s) to determine whether the services offered by the home will meet the needs of the child and the parent(s) or guardian(s). 2. Explanation of the home's policies, including a plan for payment of fees. 3. Completion of the registration information required for inclusion in the child's record as required in Section 7.707.91. B. The admission of children must be in compliance with the non-discrimination provisions of Title VI of the Civil Rights Act of 1964 and the Americans with Disabilities Act (see General Rules for Child Care Facilities, Section 7.701.14), and a reasonable effort must be made to accommodate children with special needs and to integrate them with other children.
7.707.52 Health Care [rev. ef. 5/1/03]
A. Statements of Health Status 1. The parent or guardian of each child admitted to the home must submit a statement of the child's current health status signed and dated by a licensed physician or other health professional who has seen the child within the last 12 months. The statement of health status must be obtained at the time of admission to the home or within 30 calendar days after admission. A new statement of health status must be submitted to the home annually for children under 7 years of age, and every 3 years for children 7 years of age and older as long as the children are in care. 2. The statement must be kept at the home and must include the following: a. Information and instruction on care of each child who has a chronic or disabling condition, physical or emotional, such as seizures, asthma, diabetes, allergies, heart or respiratory illness, and drug reaction. b. Information regarding immunizations the child has had and the dates administered. Immunizations must be recorded on the Certificate of Immunization supplied by the Colorado Department of Public Health and Environment. Colorado law requires that proof of immunization be provided prior to the first day of admission. 3. If the parent or legal guardian of a child wishes an exemption from the requirement for immunizations due to religious or personal beliefs, the child's parent or legal guardian must complete and sign the current Colorado Department of Public Health and Environment immunization card, which states the reason for such an exemption. The home has the right to refuse to admit any child if a completed current immunization card is not submitted. B. Emergency Procedures 1. At the time of admission, the caregiver must obtain telephone numbers of the child's physician and numbers where the parent or guardian and at least 1 other responsible adult can typically be reached in the event of accident, illness, or other emergency. 2. The caregiver must obtain written authority to arrange for medical care in the event of an emergency. 3. In the event of injury or illness, the affected child must be separated in the room or area provided for such purpose and made as comfortable as possible. First aid care must be provided as required. If additional care, medical attention, or removal from the home is indicated, the child's parent or guardian must be contacted by telephone, if possible, and medical assistance obtained without undue delay, consistent with Section 7.707.92, A. C. Medication 1. Definitions a. "Current written order" means not to exceed 12 months for children two (2) years of age and older, and not to exceed 3 to 6 months for children under 2 years of age depending on the age and weight of the child based on the physician's decision. b. "Routine medications" means any prescribed oral, topical, or inhaled medication, or unit dose epinephrine, that is administered pursuant to Section 26-6-119, C.R.S. 2. Any routine medication, prescription or non-prescription (over-the-counter) may be administered by the caregiver only with a current written order of a physician and with written parental consent. a. If the routine medication involves the administration of unit dose epinephrine, the administration must be accompanied by a written protocol by the prescribing health care professional that identifies the factors for determining the need for the administration of the medication, and is limited to emergency situations; b. If the routine medication involves the administration of a nebulized inhaled medication, the administration must be accompanied by a written protocol by the prescribing health care professional that identifies the factors for determining the need for the administration of the medication; c. Topical preparations including, but not limited to, petroleum jelly, diaper rash ointments, sunscreen, and bug sprays can be administered solely with written parent authorization; no written order by a physician is required as long as the preparations are not applied to open wounds or broken skin. 3. The caregiver can accept such medicines only in the original container. Prescription medicine containers must bear the original pharmacy label that shows the prescription number, name of medication, date filled, physician's name, child's name, and directions for dosage. When no longer needed, medications must be returned to the parent or guardian or destroyed. 4. Nonprescription medication must be labeled with the child's first and last name. Caregivers can administer medication only to the child whose name appears on the written order from the physician. 5. All caregivers who administer medication must have daily face-to-face verbal contact with parents of children needing medication and must be currently trained through the Department-approved medication administration course and must administer medication in compliance with the concepts taught in the course. 6. Medication must be stored in a locked cabinet or cupboard so that it is inaccessible to children. If refrigeration is required, it must be stored in a leak-proof container in a designated area of the refrigerator separated from food. 7. A written medication log must be kept for each child. This log is a part of the child's record. The log must contain the child's name, name of the medication, dosage and route, time medication is to be given, special instructions, name and initials of the individual giving the medication, notation if the medication was not given, and the reason. D. Control of Communicable Illness 1. Any resident or caregiver who has a contagious illness must be excluded from contact with children in care. 2. When a child in care has been diagnosed with a communicable illness, including hepatitis, measles, mumps, meningitis, diphtheria, rubella, salmonella, giardia, tuberculosis, and shigella, the caregiver must immediately notify the parents or guardians of all children in care and report to the local county department of health or the Colorado Department of Public Health and Environment. A diagnosed child must be excluded from the home for the period of time prescribed by the child's physician or by the local health department.
7.707.53 Personal Hygiene
A. Washing 1. Children's hands must be washed with soap under warm water before meals and snacks and after toileting. 2. Children's hands and faces must be dried with individual paper or cloth towels. Towels and drinking cups must not be shared. 3. When a child is bathed, bath water must be at a safe and comfortable temperature. Children under 5 years of age must not be left unattended while being bathed. 4. When at the home, and whenever possible on field trips, at a park, or at another location away from the home, all caregivers must wash their hands thoroughly with soap and under warm running water after helping a child with toileting, after their own toileting, after wiping a child¿s nose, before preparing or serving food, and before administering medication. B. Diapering 1. The home must have a designated diaper change area for all children in need of diaper changing. The diaper change area must: a. Have a smooth, durable, nonabsorbent, and easily cleanable surface b. Be large enough to accommodate the size of the child c. Be separate from the food preparation area d. Have a place inaccessible to children for storing all diaper change supplies and disinfecting solutions and products. 2. The following procedure must be followed each time a diaper is changed: a. The child must be placed on a clean, sanitized, dry changing table or mat. b. Soiled/wet diapers and clothing must be replaced with clean diapers and clothing whenever necessary. c. Children's hands must be cleaned after diapering. d. Caregivers must clean and sanitize the diaper change area after diapering. e. Caregivers must wash their hands with soap and warm running water and dry their hands with individual paper or cloth towels after diapering each child.
7.707.54 Physical Care
A. Throughout the day, each child must have frequent, individual, personal contact and attention from an adult, such as being held, rocked, taken on walks inside and outside the home, talked to, and sung to. B. Children must not be confined to cribs or playpens for prolonged periods of time. They must have an opportunity each day for freedom of movement, such as creeping, crawling, or walking in a safe, clean, open, uncluttered area. C. Infants in care who are unable to hold a bottle must be held during bottle feedings. D. Infants must be held frequently while in care. E. Infants must be provided an environment designed to stimulate their senses. F. Children leaving the family child care home for school or other activities must be dressed appropriately for the weather. G. A child's wet or soiled clothing must be changed promptly, and a sufficient supply of clean clothing must be available for this purpose. H. Caregivers must investigate whenever children cry. I. Toilet training can be carried out only after consultation with the child's parents, and then only in a non-disciplinary manner. If potty chairs are used, they must be emptied and disinfected after each use. J. The home must provide a rest period for all preschool-age children remaining in the home longer than 4 hours. A rest period and rest equipment must also be provided for older children who require a rest time. K. All preschool-age children must be given the opportunity to lie down for a period of time. Children must not be forced to sleep. Children who do not sleep after a reasonable period of time must be provided with appropriate quiet toys and equipment to play with, such as puzzles or books. L. For rest periods, the home must provide for each preschool-age child, and for older children as required, a bed, sofa, cot, or suitable mat not less than 2 inches thick with a clean, washable cover. Children must be provided with a suitable warm cover as needed. M. For each child under 12 months, daily rest periods in a crib or a playpen with a firm pad and a clean, washable cover must be provided. Soft bedding materials that could pose a suffocation hazard are not permitted in cribs or playpens. N. Cribs and playpens must meet federal Consumer Product Safety Commission standards. Space between crib slats must be no wider than 2-3/8 inches. Refer to Section 7.701.26, C, for information on how to obtain the standards. O. Children must be allowed to form and observe their own pattern of sleep and waking periods. Provision must be made so that children requiring a nap time have a separate area for their nap apart from space used for play. P. Infant monitors may be used in separate sleeping rooms for infants under the following conditions: 1. The sound monitoring equipment is able to pick up the sounds of all sleeping infants. Additional equipment must be provided as necessary to provide adequate coverage. 2. The receiver of the sound monitoring equipment is actively monitored by the caregiver at all times. 3. Sleeping infants are periodically physically monitored and checked by the caregiver. 4. Sound monitoring equipment is regularly checked to assure that it is working correctly.
7.707.55 Food and Nutrition
A. A nutritious snack or meal must be available during the midmorning and mid-afternoon hours. A noon meal must also be provided and must meet at least one-third of the child's daily nutritional needs. Children in care at these times must be provided with the appropriate snack or meal. Arrangements must be made for feeding children who are in care before 6 a.m. or after 6 p.m. B. Food must be wholesome and nutritious and stored in a safe and sanitary manner. Each day, meals and snacks must be nutritionally balanced and must include food from the basic food groups in adequate quantity. C. Children must not be given foods that are contrary to the religious beliefs of their families or that are known to cause an allergic reaction or a health hazard. Only pasteurized milk should be served. D. Bottles of formula or breast milk must never be warmed in a microwave oven. Infant formula and breast milk cannot be reused. If a child does not finish the bottle or formula or breast milk, the contents must be thrown out.
7.707.56 Discipline
A. Discipline must be appropriate and constructive or educational in nature, and may include such measures as diversion, separation of the child from problem situations, talking with the child about the situation, praise for appropriate behavior, and gentle physical restraint, such as holding. B. Children must not be subjected to physical or emotional harm or humiliation. The caregiver must not use, or permit anyone else to use, corporal or other harsh punishment, including but not limited to pinching, shaking, spanking, punching, biting, kicking, rough handling, hair pulling, or any humiliating or frightening method of discipline. C. Discipline must not be associated with food, rest, or toileting. Children must not be punished for toileting accidents. Food may not be denied to or forced upon children as a disciplinary measure. D. Meals and snacks can be temporarily postponed or provided individually, but deprivation of meals and snacks must not be used as punishment. E. Separation, when used as discipline, must be brief and appropriate for the child's age and circumstances. The child must be in a safe, lighted, well-ventilated room within hearing and vision of an adult. Children must never be isolated in a locked room or closet. F. Verbal abuse and derogatory remarks about the child are prohibited. G. Authority to discipline must not be delegated to other children, and the home must not sanction one child punishing another child. H. At the time of admission, the caregiver will discuss with the parent or guardian the home's techniques and standards of discipline.
7.707.57 Overnight Care
A. Regular overnight care (care that extends through a large portion of the night) of children is permitted only when licensed to do so. B. All children in care must be provided with a comfortable cot, crib, bed, or couch suitable for the child's age, 2 sheets, and a suitable warm covering. At least 40 square feet of floor space must be available for each bed. Beds arranged in parallel must be at least 2 feet apart. C. Sheets must be changed weekly, between use by different children, or more frequently if needed, and no child should be allowed to sleep in a wet bed. D. Each child must be provided with comfortable sleep wear, and a complete set of clean sleep wear must be available in the event that a change is necessary. E. If the caregiver goes to sleep, it must be on the same floor where children under 8 years of age are sleeping. F. If children in care over the age of 4 share sleeping rooms with persons who are over age 4, the home must have approval from the parent(s) or guardian(s) of each child involved.
7.707.58 Transportation
A. Any child who is less than 4 years old and less than 40 pounds and is transported by vehicle by the licensee must be properly fastened into a child restraint system that conforms to Section 42-4-236, C.R.S. All other children must use individual seat belts. B. When any vehicle is used by the home to transport children in care, the following requirements must be met: 1. Two or more children must never be restrained in 1 seat belt. 2. Lap belts must be secured low and tight across the upper thighs and under the belly. 3. Children must be instructed and encouraged to keep the seat belt properly fastened and adjusted. 4. The vehicle must be enclosed and have door locks. 5. The seats of the vehicle must be constructed and installed according to the manufacturer's specifications. 6. The vehicle must be kept in satisfactory condition to assure the safety of occupants. Vehicle tires, brakes, and lights must meet safety standards set by the Colorado Department of Revenue, Motor Vehicle Division. 7. Seating must be comfortable with a seat of at least 10 inches wide for each child. 8. The vehicle must safely accommodate the total number of children being tansported. C. The home must require written permission from the parent or guardian for transportation of the child. D. Transportation arrangements for school-age children must be by agreement between the home and the child's parents (e.g., whether the child can walk, ride a bicycle, or travel in a car). The home must exercise reasonable precaution to see that the children arrive at the home from school when expected and must follow up on their whereabouts if late. Written permission from a parent or guardian for the child to attend community functions after school hours must include agreements regarding transportation. E. Children must not be left unattended in the vehicle. F. Children must be loaded and unloaded out of the path of moving vehicles. G. If the child care home provides transportation to and from care, the caregiver must monitor the child between the vehicle and the child's home or another home authorized by the child's parent or guardian until the child is safely in the care of another adult. H. If transportation is provided between the home and school for school-age children, the required adult-to-child ratio must be maintained for children remaining at the home. I. At a large home, there must be at least 1 adult supervisor, in addition to the driver, for 7 to 12 children using the vehicle. J. At a large home, at least 1 adult in the vehicle transporting children must have a current Department-approved first aid and safety certificate that includes CPR for all ages of children. A first aid kit must be available in the vehicle.
7.707.6 ACTIVITIES
A. Each child in care must be provided with an opportunity for both group and individual play. B. Children must be encouraged to relate or to communicate with each other and with adults. C. Outdoor activity must be available to all children daily, weather permitting. D. Outdoor play at the home is allowed only in the fenced yard or under the direct supervision of the caregiver. E. Television viewing, including videos, should not be permitted without the approval of a child's parents, who must be advised of the types of programs the children will be permitted to see.
7.707.7 EQUIPMENT AND MATERIALS
A. General 1. Well-maintained materials and equipment must be sufficiently varied and appropriate for the ages and number of children in care. 2. Materials and equipment must be available for both active and quiet play and both indoor and outdoor play, including, at a minimum, items in these categories: art, blocks, books, manipulatives, and large muscle equipment. 3. The home must have enough materials and equipment that at any one time each child in care can be individually involved. 4. Toys and toy parts accessible to children under 3 years of age must be large enough that they cannot be swallowed or inhaled. 5. Children must wear helmets when riding a scooter, bicycle, skateboard, or rollerblades. 6. By January 1, 2003, all pieces of permanently installed playground climbing equipment must be surrounded by at least 4 inches of a resilient surface or by rubber mats manufactured for such use consistent with the guidelines of the Consumer Product Safety Commission. Refer to Section 7.701.26, C, for information on how to obtain the guidelines. 7. Sand used as a resilient surface must be raked regularly to retain its resilience and to retain a depth of 4 inches. 8. The use of any materials under permanently installed playground equipment other than wood chips, wood mulch, engineered wood fiber, pea gravel, synthetic pea gravel, shredded rubber tires, and fine loose sand must be approved by the Department. B. Large Home 1. The home must provide equipment that is sturdy, safe, clean, free from hazards, and, when appropriate, accessible to children. A variety of equipment from the following categories must be available. a. Art Supplies b. Blocks and Accessories c. Books d. Dramatic Play Area e. Large Muscle Equipment f. Manipulative Toys g. Musical Equipment h. Science Materials
7.707.8 BUILDING AND FACILITIES
7.707.81 Facility Requirements
A. The entire premises are subject to inspection for licensing purposes, including but not limited to the residence where care is to be provided, the grounds surrounding the residence, the basement, the attic (if accessible), the storage shed, and the garage or carport. B. At least 75 square feet of outdoor play space must be available for each child. C. One room or area in the home that contains a bed, cot, or sofa must be designated a sick room where a child can be separated from other children and cared for in the event of injury or illness. A crib or playpen with a pad must be provided for children under 12 months of age. A clean, washable sheet and blanket must be provided for each child. D. At least 35 square feet of indoor space where children can play and be cared for, exclusive of halls and baths, must be provided for each child. E. All floors must have carpets, tile, or a smooth finish that can be cleaned easily. F. Interior walls must be free of holes and constructed of solid material with a smooth finish that can be cleaned easily. G. An adequate number of high chairs and other suitable equipment that meets federal Consumer Product Safety Commission standards must be provided to feed children under 2 years of age. Refer to Section 7.701.26, C, for information on how to obtain the standards. H. A business of a nature that might be hazardous to the health, safety, or well-being of children cannot be operated on the premises of the home. I. The large home must provide sufficient space in the specific room(s) designated for use for child care. Space used by household furniture cannot be used to meet this requirement. J. Window blind cords must be secured out of children's reach to prevent strangulation.
7.707.82 Fire and Other Safety Requirements
A. The family child care home and outdoor play area must be kept safe and free from hazards to health. 1. Indoor Requirements a. Heating devices such as radiators, registers, fireplaces, furnaces, wood-burning stoves, hot water heaters, and steam and hot water pipes accessible to children must be screened or otherwise protected. The screen or other protection must be made of a non-flammable material and must prevent children from coming into contact with the heating device. Nothing flammable or combustible can be stored within 3 feet of a furnace or hot water heater. b. All heating units, gas or electric, must be installed and maintained with safety devices to prevent fire, explosions, and other hazards. No open-flame gas or oil stoves, unscreened fireplaces, hot plates, or unvented heaters can be used. c. The home must be equipped with adequate light, heat, ventilation, and plumbing for safe and comfortable occupancy. The heating facility must be capable of maintaining a draft-free temperature of 68 degrees F. at floor level in all rooms used for child care. d. All hazardous items and materials must be inaccessible to children, including matches, plastic bags, cleaning and laundry materials, medicines, perfumes, curling irons, scissors and knives, cosmetics, shaving lotions, hair products, and poisonous plants. Paints, fuels, insecticides, and other hazardous chemicals and products must be stored in a locked area remote from kitchens and hot water heaters and heating units. e. Any weapons such as firearms, air rifles, bows, hunting knives, and hunting sling shots must be unstrung/unloaded at all times when children are in the home and must be locked and inaccessible to children. Trigger locks are acceptable. Antique and other guns used for decoration must be inoperable and have the firing pin removed. An unstrung bow need not be stored in a locked container. Ammunition and arrows must be stored in separate locked containers. Weapons must not be transported in any vehicle in which children are riding unless the weapons are made inoperable and inaccessible. f. Water from any source other than a regular municipal water supply must be tested annually and be in compliance with water quality requirements of the Colorado Department of Public Health and Environment. g. In rooms used for child care, all electrical outlets that are accessible to children must have protective covers, or safety outlets must be installed; and all exposed light bulbs must have protective covers. h. All stairways must be free from hazards, and those with more than four steps must be equipped with banisters or handrails within reach of children. The slats on all railings msut be no wider than 5 inches apart. i. All garbage, refuse, and other wastes must be stored in a manner that is inaccessible to children and disposed of in a manner that does not constitute a health hazard or nuisance. j. All rooms must be kept in a clean and sanitary condition and be free of any evidence of vermin or rodent infestation. k. Dishes, cookware, and utensils must be washed, rinsed, and stored in a safe and sanitary manner. l. First aid supplies must be maintained and stored in an area inaccessible to children. m. Mobile homes used as family child care homes must have at least 2 exits, be skirted, and properly installed and stabilized. n. Any animal that poses a potential threat to a child's safety or health must be confined in a place away from the child care area. Dogs and cats must be vaccinated against rabies as required by state law and local ordinance. Children must not be permitted to mistreat animals. o. Children's use of walkers with wheels is prohibited in homes that have stairs. 2. Outdoor Requirements a. Outdoor play space, including areas under decks, must be free from safety hazards such as lawn mowers, tools, propane, natural gas lines, gasoline, building scraps, and scrap metal. This area must be enclosed by a fence or contain a natural barrier at least 42 inches if care is given for children between 12 months and 5 years old. Outdoor play space is not required if care is given only for children who are 12 months or younger. b. All play equipment msut be designed to guard against entrapment and strangulation. Swing sets and other large outdoor play equipment must be correctly assembled, well maintained, and securely stabilized or anchored. All swings for children 3 and older purchased after July 1, 1999, must have seats made of flexible material. c. In outdoor play areas, window wells accessible to children must have covers that are in good condition and that safely and adequately protect children from falling into the window well. d. All walkways must be cleared of snow and ice at least once a day. e. There must be a protective fence around any permanent wading or swimming pool, even an above-ground pool located on the property of the home. Children in care are permitted to use the pool only in the presence of an adult who holds a current American Red Cross basic lifeguarding certificate or equivalent and is responsible for providing lifesaving protection for the children. Children playing in or near standing water, including fountains, buckets, and horse troughs, must be directly supervised at all times. f. All hot tubs must have bolted and securely locked covers. g. The use of a trampoline by children in care is prohibited. If there is a trampoline on the property of the home, it must be stored in a way that makes it totally inaccessible to children. h. Decks that are more than 12 inches high must have a protective railing or other barrier with slats no wider than 5 inches apart. B. Fire Safety Requirements 1. Fire hazards, such as defective electrical or gas appliances and electric cords, dangerous or defective heating or cooking equipment, exposed wiring, and flammable material stored in such a manner as to create a risk of fire must be corrected or eliminated. 2. A smoke detector in working condition must be installed on each level of the home where child care occurs. 3. Flammable material must not be stored near a furnace, hot water heater, or other heating device. 4. A written emergency evaluation plan for quickly and safely evacuating all children from the home must be posted in clear view at the home. Emergency evacuation exit drills must be held at unexpected times and under varying conditions to simulate the conditions of an actual fire, and often enough that all occupants are familiar with the procedure. 5. Smoking is prohibited during business hours in all areas where child care is provided and when transporting children. 6. The home must contain at least one U.L.-approved fire extinguisher, highly visible, easily accessible, and in working condition, weighing not less than 5 pounds, that has a rating of 2A 10 BC. 7. Although exterior doors can be locked, they must be maintained so as to permit easy exit; interior doors must be designed to prevent children from becoming trapped. 8. No locks or fastening devices can be used that would prevent emergency evacuation. 9. A basement to be used for child care must be equipped with more than one exit; the second exit may be a window large enough for the caregiver, substitute, and all children to escape, with window access permanently secured and in place. 10. Windows having a lower sill height of 30 inches or less satisfy the requirement for permanent window access.
7.707.9 RECORDS AND REPORTS
7.707.91 Children's Records
A. An admission record must be completed for each child prior to or at the time of the child's admission and updated annually, unless otherwise specified in these rules. The admission record must include: 1. The child's full name, date of birth, current address, and date of enrollment. 2. Names and home and employment addresses and telephone numbers of parents or guardians. 3. Names and telephone numbers of persons other than parents or guardians who are authorized to take the child from the family child care home. 4. Names, addresses, and telephone numbers of persons who can assume responsibility for the child in the event of an emergency if the parents or guardians cannot be reached immediately. 5. Names, addresses, and telephone numbers of the child's physician, dentist, hospital of choice, and insurance information, if applicable. 6. Health information including immunization history. 7. A dated, written authorization for emergency medical care signed and submitted annually by the parent or guardian. The authorization must be notarized if required by local health care facility. 8. A written record of any serious accident, illness, or injury occurring during care must be retained in each child's record, with a copy provided to the parent or guardian. 9. Written authorization from a parent or guardian regarding participation in field trips (if applicable). B. All forms contained in the admission record must be current and accessible to caregivers and to representatives of the Department. C. The complete file for each child in care must be retained by the home for at least 3 years after the child leaves the home. It must be available without restriction to the licensing agency and to the child's parents or guardian. D. Except for the licensing authority and the child's parents or guardians, children's reports and records and facts learned about children and their families must be kept confidential.
7.707.92 Administrative Records and Reports
A. Licensees must report in writing to the Department any accident or injury occurring at the family child care home that resulted in medical treatment by a physician or other health care professional, hospitalization, or death. This report must be submitted within 48 hours of the occurrence. Licensees must also call the Department immediately to give notice of a death. B. Licensees must report to the local department of health or the Colorado Department of Public Health and Environment whenever there is evidence that a child, a caregiver, or any resident of the family child care home has been exposed to a communicable illness, including but not limited to measles, mumps, diphtheria, rubella, tuberculosis, shigella, hepatitis, meningitis, salmonella, and giardia. C. A report about a fatality must include: 1. The child's name, birth date, address, and telephone number. 2. The names of the child's parents or guardians and their address and telephone number if different from that of the child. 3. Date of the fatality. 4. Brief description of the incident or illness leading to the fatality. 5. Names and addresses of witnesses or persons who were with the child at the time of death. 6. Name and address of police department or authority to whom the report was made. D. The home must submit to the department within 48 hours a written report about any child who has been lost from the home and for whom the local authorities have been contacted. Such report must indicate: 1. The name, birth date, address, and telephone number of the child. 2. The names of the parents or guardians and their address and telephone number if different from those of the child. 3. The date when the child was lost. 4. The location, time, and circumstances when the child was last seen. 5. Actions taken to locate the child. 6. The name of the caregiver supervising the child. E. The home must have a written plan for action in case of natural disaster, including, but not limited to, floods, tornadoes, and severe weather if typical in the locality of the home. The plan must include at least: 1. Prompt notification of parents or guardians. 2. When local authorities are notified. 3. Emergency transportation. 4. Specific procedures for responding to the crisis.
7.708 RULES REGULATING FAMILY FOSTER CARE HOMES [Rev. eff. 2/1/02]
All family foster homes must comply with the "Rules Regulating Family Foster Care Homes" and the "General Rules for Child Care Facilities".
7.708.1 FAMILY FOSTER CARE HOMES [Rev. eff. 8/1/07]
A. "A family foster care home", as defined at Section 26-6-102, C.R.S., means a facilty that is certified by the county department or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four (24) hour family care for a child under the age of eighteen years who is not related to the head of such home, except in the case of relative care. The term includes any foster care home receiving a child for regular twenty-four (24) hour care and any home receiving a child from any state-operated institution for child care or from any child placement agency. The number and age of foster children for which a license may be issued is determined by the following factors: 1. No foster child shall be placed in a foster home if that placement will result in more than four foster children in that home, or a total of eight children (foster and non-foster), or more than two children under two years of age, except in those instances in which the placement of a sibling group in a foster home would exceed the limits. If the placement of a sibling group results in exceeding the above limits, no other foster children can be placed in the home. 2. A family foster care home may serve a maximum of one foster child enrolled in Children's Habilitation Residential Program (CHRP) and 2 other foster children or 2 foster children enrolled in CHRP and no other foster children, unless there has been prior written approval by the CHRP waiver administrator. Placements of three (3) children approved for CHRP funding may be made if the agency can demonstrate to the CHRP waiver administrator that the provider has sufficient knowledge, experience, and supports to safetly meet the needs of all of the children in the home. In any case, no more than three (3) children enrolled on the CHRP waiver and no (0) non-CHRP children will be placed in one foster home. Emergency placements will not exceed maximum established limits. Facilities that exceed established capacity at the time the rule takes effect will be grandfathered in; however, with attrition, capacity must comply with the rule. FAMILY FOSTER HOME (COUNTY OR CPA) MAXIMUM CAPACITY
CHRP Non-CHRP Total Children
1 2 3
2 0 2
3 0 3
3. Family foster care providers who are serving foster children enrolled in the Children's Habilitation Residential Program (CHRP) waiver shall be in compliance with rules contained within the Department of Health Care Policy and Financing's Medical Assistance Manual at Section 8.508 (10 CCR 2505-10). 4. Family foster care may be provided to children from birth to 18 years of age and to those persons to 21 years of age who are placed by court order prior to their eighteenth birthday. 5. When a certified family foster care home only provides temporary emergency care for foster children, the home may be certified for up to six foster children with no more than two foster children, including the caretaker's own children, under two years of age. There can be no more than a total of six foster children in the home except in sibling placements. The number of additional foster children under six years of age to be cared for shall be specified on the certificate and in the home study. Such a family foster care home shall be designated as a receiving home. The designation shall appear on the certificate. a. No foster child shall remain in that family foster care home at the receiving home rate longer than 90 consecutive days, in accordance with the requirements of Section 7.417.4. b. The number of foster children to be cared for at the receiving home rate and any foster children to be cared for at the regular foster home rate shall be included on the certificate. c. Each receiving home parent shall have two years experience as a foster parent, although the certifying agency may take into account other relevant education and experience. d. Each receiving home parent shall complete 32 hours of on-going training every year as identified in his/her training development plan. This training shall include the following competencies. 1) Issues regarding emergency and crisis placement of children with unknown histories; and, 2) Dynamics of victimization issues, with emphasis on appropriate age and developmental levels; and, 3) Cultural, spiritual, and religious awareness, consideration for, sensitivity to, and tolerance of each child individually. e. Because receiving homes are likely to have quick turn-over of the children in care, supervision and monitoring of the receiving home shall be carried out according to the following: 1) One face-to-face contact shall be made with the receiving home parent(s) at least every week when children are in placement in the home, with a minimum of two visits per month occurring in the receiving home. 2) Documentation of such contact shall be in the provider file, as well as in each file of all foster children in the home. 3) The purpose of the contact is to address any questions the receiving home parent has about the children in care, to observe child care when appropriate and to provide support to the receiving home parent. f. A receiving home shall have a comprehensive annual evaluation, which includes a review of any critical incidents, any allegations of institutional abuse, and the skills, needs, and competencies of the receiving home parent(s). 6. A family foster care home may not be operated without a license or a certificate as required by law and Section 7.701.4 of these rules, and the number of foster children cared for in such facility may not exceed the number authorized by such license or certificate.
7.708.11 DEFINITIONS [Rev. eff. 8/1/07]
A. "Certifying authority" means licensed child placement agencies and county departments of social/human services that have the authority to certify family foster care homes, including kinship care homes. B. "Child specific foster care" is care where the foster child has a prior relationship to the foster parent(s). C. "County designee" is the representative of a county department designated by the county executive director to make certain key decisions regarding foster children. D. "Dangerous behavior" is behavior that poses a clear and present safety hazard to a foster child or to others. E. "De-escalation" is the use of therapeutic interventions with a foster child during the escalation phase of a crisis. The interventions are designed to allow foster children to contain their own behavior so that acute physical behavior does not develop which would lead to the need for use of a physical restraint. F. An "emergency situation" is one in which a foster child is in actual danger to him/herself or others, or when there is a present danger of extensive property damage. G. "Escalation" is an increase in intensity of a foster child¿s out-of control behavior. H. The "Family Service Plan" is a case services plan completed by a county caseworker jointly with the foster child, parents, and foster parents within 60 calendar days of placement for each foster child receiving services from a county department of social/human services. I. "Kinship foster care" is the full time nurturing and protection of foster children by kin. Kin are relatives or persons ascribed by the family as having a family-like relationship. These relationships take into account cultural values and continuity of significant relationships. Certified kinship care is considered a form of out-of-home placement and a type of family foster care home. J. "Mechanical restraint" means the use of devices intended to involuntarily restrict the movement or normal functioning of a portion of an individual¿s body. Mechanical restraint does not include the use of protective devices used for the purpose of providing physical support or prevention or accidental injury. K. "Personal restraint" is the physical intervention by a foster parent(s) in an emergency situation to limit, restrict, or control the dangerous behavior of a foster child by means of physical holding of the foster child. Physical restraint does not include the holding of a foster child for less than five minutes for protection of the foster child. L. "Reasonable", as used in these rules, means appropriate and suitable, not excessive or extreme. M. "Religion", where used in these rules, includes traditional religious beliefs and spiritual beliefs such as those of Native Americans. N. "Salaried foster parent" means a person who is employed by a child placement agency for the purposes of the demonstration pilot program authorized pursuant to Section 26-6-104(1)(d)(IV), C.R.S., and who is employed for the sole purpose of providing foster care and who serves in no other capacity for the child placement agency. O. "Therapeutic services" means a program of foster care that incorporates treatment for the special physical, psychological, or emotional needs of a child placed with specially rained foster parents. P. "Treatment foster care" means a clinically effective alternative to residential treatment facilities that combines the treatment technologies typically associated with more restrictive settings with a nurturing and individualized family environment. Q. "Whole family placement", also known as "shared family care", is a situation in which adult parent(s) and foster child(ren) are placed together in the home of a family trained to mentor and support the biological parents as they develop skills and supports necessary to care for their foster child(ren) and move toward living independently.
7.708.2 REQUIRMENTS FOR CERTIFICATION OF FAMILY FOSTER CARE HOMES
7.708.21 Character, Suitability, and Qualifications of Family Foster Parents [Rev. eff. 8/1/07]
A. A certificate shall be denied in accordance with Section 7.500.312, D. B. Each foster parent in the family foster care home shall demonstrate an interest in, and a knowledge of, foster children and a concern for their proper care and well-being. C. A certificate may be denied or revoked if the foster parent(s)' own children have been placed in foster care or a residential treatment facility under circumstances which demonstrated that the foster parent or another resident of the home was abusive, neglectful, or a danger to the health, safety, or well-being of those foster children. D. The family foster care home parents shall be able to provide for a foster child's physical, mental and character development. E. Applicants shall demonstrate stability in family relationships within the home where family foster care is to be provided. F. The licensing or certifying authority must receive at least three written statements which describe the applicant's character, interpersonal relations, and ability to provide care for foster children from references provided by the applicant, at least two from a source/person who are not related to the applicant and who have known the applicant one year or longer (references need not be residents of Colorado). Licensing or certifying representatives may contact others who may have knowledge or information regarding the applicant's character or suitability. G. The foster home parent shall possess basic knowledge of child care and good nutrition, and shall cooperate with the licensing or certifying agency in programs designed to increase such knowledge. H. Licenses or certificates shall not be granted to applicants who are less than twenty-one years of age on the date of application for such license or who lack adequate physical stamina to care for children. I. Foster parents shall protect foster children from exposure to second hand tobacco smoke. 1. Smoking is prohibited inside the foster home at all times when a child(ren) is in placement. 2. Smoking is prohibited in a foster parents' or substitute caregiver's motor vehicle when a foster child(ren) is in placement in the foster care home. 3. Smoking includes carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off tobacco smoke. J. The financial resources of foster parents shall be adequate to assure that the home where the care is provided is maintained in safe repair and in conformity with standards and that the requirements of these regulations can be fulfilled. K. A license or certificate shall not be granted for a family foster care home unless the applicant has demonstrated the ability to manage a household so that the licensing or certifying authority may determine that the applicant is able to acquire food, materials and other equipment as may be required for child care and to maintain records pertaining to foster children, including records required by statute or regulations. L. Each foster parent shall have a health assessment within one year prior to certification or within 30 calendar days after certification and thereafter as required, in writing, by a licensed health care professional. The reports of the medical examinations shall be dated and signed by the examining physician or nurse practitioner and shall be provided to the certifying authority. Reports shall include a statement of the evaluation of the person's physical ability to care for foster children. If, in the opinion of the licensed health care professional or the assessment worker, an emotional or psychological condition exists which would have a negative impact on the care of foster children, the issuance of a license shall be conditioned upon the satisfactory report of a licensed mental health practitioner. M. Children of the foster home parents and any other persons not placed by the agency and living in the family foster care home shall obtain a medical statement from a licensed health care professional verifying that each such person suffers from no illness or communicable disease which would adversely affect foster children in care. This statement shall be obtained annually or as required in writing by an approved health care professional. A licensed health care professional is defined as a physician, nurse practitioner, or a physician's assistant. This statement shall have been signed within the twelve-month period preceding the original license or full certificate granted to the home.
7.708.22 Physical Requirements for a Safe and Adequate Family Foster Care Home
A. Licensing or certifying representatives are authorized but not required to consult the state or county department of health regarding sanitary standards and to consult local fire departments regarding questions of fire safety. A license or certificate may be denied or revoked in the event an applicant or licensee refuses to permit an investigation by these authorities if requested by a licensing or certifying representative, or if such authority advises that a license or certificate not be issued. B. The following shall be required of all family foster care homes: 1. There shall be an outdoor play space free from hazards of not less than 75 square feet per child in care who is between 12 months and five years of age. This area shall be fenced or otherwise protected. If the area is not fenced, outdoor play shall be supervised by the foster care provider or designee and a specific plan for how safety is to be assured shall be documented in the case file. 2. The presence of firearms and ammunition is strongly discouraged in any home in which foster children are cared for. Any weapons such as firearms, air rifles, bows, hunting knives or hunting sling shots shall be unstrung and unloaded at all times when foster children are in the home and shall be stored in locked containers out of the reach of foster children. Ammunition and arrows shall be stored in separate locked containers. Firearms which are solely ornamental are excepted from the storage requirement. Weapons shall not be transported in any vehicle in which foster children are riding unless the weapons are made inoperable and inaccessible. Law enforcement professionals are exempted from the requirements of this section if conditions of their employment require them to carry weapons. 3. At least 35 square feet of usable indoor space exclusive of halls, baths and sleeping area shall be available for each child. However, when a sibling group is placed together in a single foster home, a variance from the minimum space standards is permitted. All floor space shall have carpets, tile or smooth finish which may be easily cleaned. Interior walls shall be constructed of solid material and be free from holes. Unfinished basements must be inaccessible to foster children when safety hazards are present. 4. Exterior doors shall be maintained in such a manner which would permit easy exit. Interior doors shall be designed to prevent children from being trapped. 5. A basement which will be used regularly in the care of children in any manner shall be equipped with more than one exit; such exit may be an accessible window. See Section 7.708.31, G, for additional requirements for nighttime care. 6. The home shall be equipped with refrigeration, and provisions shall be made for the washing, rinsing and storing of dishes in a safe and sanitary manner. 7. Toys and outdoor play equipment meeting the requirements of Section 7.708.31, F, 2, a, shall be available. 8. A comfortable bed, cot or crib in a clean, well-ventilated room, which is not customarily used for other purposes such as a kitchen, dining room, hall or bathroom, shall be available for all children in the home, including birth or adoptive children or foster children. There shall be a minimum of 40 square feet of floor space for each foster child's bed, and the beds should be placed at least two feet apart when arranged in parallel. 9. No family foster care home shall be used for a rental income business or an adult foster care facility. A business of a nature which might be hazardous to the health, safety, morals or welfare of foster children shall not be operated on the premises of the foster home. 10. Mobile homes used as foster homes shall have at least two exits, be skirted and properly installed and stabilized. 11. Safety issues related to swimming pools shall be assessed by the certification worker, addressed by the county or state health department as necessary, and documented in the case file. 12. If there is a trampoline on the foster home property, safety issues regarding its use must be agreed upon with the foster parents and addressed in writing in the case file. C. A certificate shall be denied, suspended, revoked or made probationary for failure to repair or otherwise comply with any of the preceding requirements when a defect or noncompliance with such requirement has been noted by the licensing or certifying representative and brought to the attention of the licensee or applicant in writing.
7.708.23 Foster Home Site
A. The family foster care home must be located in an area that is accessible to health resources, public and private utilities, adequate and safe water supplies, sewage disposal, and fire and police protection. B. The family foster care home must comply with local zoning department requirements. C. The entire premises of the family foster care home are subject to inspection for licensing or certification purposes, including, but not limited to, the residence where care is to be provided, the grounds surrounding the family foster care home, the basement, the attic (if accessible), any storage buildings, and a garage or carport, if applicable. D. The family foster care home, including indoor and outdoor space, shall be maintained in a clean and safe condition free from hazards to health and safety.
7.708.24 Foster Home Maintenance
A. The family foster care home shall be kept in good repair and maintained in a safe, clean, and sanitary condition. B. All areas of the family foster care home available to foster children's activities including equipment, materials and furnishings shall be of sturdy, safe construction, easy to clean, and free of hazards, such as sharp points or corners, splinters, protruding nails, broken play and recreational equipment, or paint that contains lead or other poisonous materials and might be dangerous to the life or health of foster children. C. All areas of the family foster care home shall be kept free from accumulation of significant amounts of non-essential materials such as furnishings, newspapers, or magazines that could pose a fire or health hazard. D. Provision shall be made for collection, storage, and disposal of trash to prevent infestation by rodents.
7.708.25 Fire Safety [Rev. eff. 8/1/07]
A. Fire hazards, such as defective electrical appliances and electric cords, dangerous or defective heating equipment or flammable material stored in such a manner as to create a risk of fire shall be corrected or eliminated. B. The family foster care home shall contain at least one U.L.-approved fire extinguisher, highly visible, easily accessible, and in working condition, weighing not less than five pounds, that has a rating of 2A, 10BC. This requirement may be waived if more extensive fire-control measures are required by a local fire department. C. A smoke detector, in working condition, must be installed on each level of the family foster care home and near sleeping areas. D. No gas space heaters, open-flame gas or oil stoves, hot plates, or un-vented heaters shall be used in the family foster care home for heating purposes. No electric space heaters shall be used in the family foster care home for permanent heating purposes. E. Flammables, aerosol paints, insecticides, chemicals, and other dangerous materials shall be locked or stored so they are inaccessible to foster children and must be stored in areas separate from sleeping or living areas. Flammables shall be stored in an approved container. F. Heating devices such as radiators, registers, fireplaces, wood-burning stoves, and steam and hot water pipes that pose a fire or burn hazard to foster children shall be screened or otherwise protected. G. Flammable material must not be stored near a furnace, hot water heater, or other heating device. H. There shall be no candles or other burnable objects permitted in foster children’s sleeping areas. Foster children shall not be permitted to smoke inside the foster care home or in any vehicle used to transport children. I. Exit doors shall be clearly identified to all foster children. No lock or fastening to prevent free escape from the inside of any room used by the foster children shall be permitted. J. Exit routes shall be kept free of discarded furniture, furnishings, laundry, and stacks of newspapers or magazines that could interfere with the prompt evacuation of the family foster care home.
7.708.26 General Comfort and Safety [Eff. 2/1/02]
A. All hazardous chemicals, tools, and other equipment, including matches, plastic bags, paints, gasoline, medicines, insecticides, and cleaning and laundry materials, shall be stored out of reach of young foster children. Products which could cause poisoning or contamination shall not be stored in areas where food is stored or prepared. B. Water from any source other than a regular municipal water supply shall be tested annually for compliance with water quality requirements. (Sterilized containers for free laboratory tests of drinking water may be secured from the county health department or by writing to the Colorado Department of Public Health and Environment, 4210 East 11th Avenue, Denver, Colorado 80220.) C. The family foster care home shall be equipped with adequate light, heat, ventilation, and plumbing for safe and comfortable occupancy. D. The family foster care home must be equipped with hot and cold running water. E. All stairways containing more than four steps shall be equipped with a handrail. F. The family foster care home shall have immediate access to a working telephone, and emergency numbers shall either be posted near the telephone or be immediately available, including those related to medical care, fire, law enforcement, and poison control where available. Numbers for the agency or person having legal custody of each foster child shall also be readily available.
7.708.3 REQUIREMENT FOR THE ONGOING OPERATION OF FAMILY FOSTER CARE HOMES
7.708.31 Care of Foster Children [Rev. eff. 4/1/05]
A. Foster parents shall provide supervision and care appropriate to each child's age, level of development and ability to accept independence and responsibility. B. Within 24 hours of arrival at the family foster care home, a foster child shall be given an orientation to the home, consistent with the foster child’s age and ability to participate, which includes at least the following: 1. Tour of the home and instruction on fire alarm and fire evacuation procedures, escape routes and exits. 2. The rules/regulations of the home. 3. Procedures affecting the foster child’s behavior, including limiting or restricting a foster child’s rights where allowed, the type of discipline used in the family foster care home, and consequences for certain behaviors. 4. The complete foster children’s rights and foster children’s grievance procedures as developed by the family foster care home or by the certifying authority. C. At any time when foster parents are unable for any reason (including, but not limited to, illness or temporary absence from the home) to provide supervision and care, they shall arrange for a qualified substitute who is familiar with these rules and with the foster children in care to provide temporary supervision and care to the foster children in the child(ren)'s identified family foster care home. If in care for up to 6 hours, it is preferable that the provider of substitute care be at least sixteen years old. Exceptions based on age and maturity can be made with concurrence of the foster parent and the certifying authority, but in no case should the provider of substitute care be less than 14 years of age. If care is provided for more than 6 hours including overnight and respite care, the substitute care provider must be at least 18 years of age, trained in first aid and CPR, and must have completed the following background checks: 1. Colorado Bureau of Investigation (CBI) 2. State Department's automated system. Waivers to these requirements may be requested by filing an appeal and receiving approval from the Colorado Department of Human Services’ designated appeal panel. Waivers must be documented in the provider and foster child’s record. D. Respite care for a foster child(ren) in a certified foster home, other than the foster child(ren)'s identified foster home, that exceeds the license capacity of the foster home, shall occur for short term temporary relief of the foster parent(s) for not more than seven (7) consecutive days per month not to exceed 28 days in a calendar year. During the time when respite care for a foster child(ren) is occurring, the respite home may not exceed six (6) foster children or a maximum of eight (8) total children with no more than two (2) children under two years of age. The respite home must be in compliance with all other applicable rules for family foster care homes. E. Care shall include the requirements of the following sections, numbered F through I. F. Health Care 1. Suspected mental or emotional disorders which are observed by foster parents shall be reported to the certifying authority and the child's caseworker so that appropriate care may be obtained. 2. Where pets or other animals are present, additional precautions shall be taken as required to insure both safety and good hygiene. Dogs and cats shall be vaccinated as required by State law or as designated by a vetinarian. Foster children shall not be permitted to mistreat animals. Any animal that poses a threat to a foster child's safety or health must be confined in a place away from the foster child(ren). G. Home Environment and Family Activity 1. It is the purpose of family foster care to provide constructive family living experiences for foster children during the period of placement. 2. Daily activities shall be designed to encourage normal physical, mental, social and emotional development of foster children. This requirement shall be met in the following manner: a. Materials and equipment appropriate for the age of foster children in care shall be available for both active and quiet play. b. An effort shall be made to provide for contact and friendship between children in foster care and other children of a comparable age. Opportunities shall be provided for both group and individual play. c. Foster children shall be encouraged to relate or to communicate with each other and with adults. d. Outdoor activity shall be available to each foster child each day, weather permitting. 3. Foster parents or a designated representative from the certifying authority with knowledge of the child shall attend Administrative Reviews for the foster children in their care and participate in the planning for such children. They shall receive a copy of the Family Services Plan for each foster child in their care. H. Nighttime Care 1. Foster children shall be provided with a bed, cot or crib as required by Section 7.708.22, B, 8. 2. Two sheets and suitable warm covering shall be provided to each foster child. Sheets shall be changed weekly or more frequently if needed, and no foster child shall be allowed to remain sleeping in a wet bed. 3. Except for emergency placements, foster children over the age of 18 months shall not sleep in the same room as unrelated adults on a regular basis. Sleeping rooms for unrelated foster children shall not be shared by foster children of the opposite sex when one foster child is over 4 years old. Siblings of the opposite sex that are over the age of 4 years and share bedrooms shall do so only with the written approval of the certifying authority and the county designee. The written documentation must be maintained in the foster child's and provider's file. Teen parents and their children may share a room. 4. Each foster child shall be provided with adequate sleep wear, and a complete set of clean sleep wear shall be available in the event that a change is necessary. 5. Sleeping rooms for foster children under 5 years of age shall be near the bedroom of the foster parents or other responsible person. Monitoring systems may be utilized to ensure safety. Foster children under 12 years of age shall not be permitted to sleep in a detached structure unless a responsible person sleeps in the same structure. Foster children who sleep in a detached structure must have written approval of the county department that placed the foster child, who will assess the foster child's abilities and needs. I. Infant Care 1. Not more than two infants, whether birth, adoptive or foster children under the age of two years, shall be cared for in a family foster care home, except under unusual circumstances such as multiple births. 2. In addition to the applicable provisions of paragraphs A through G, above, infant care shall include the following: a. Infants shall be held during bottle feeding and at other times during the day. Infants shall not be confined but shall be allowed freedom of movement insofar as practical and shall be provided with an environment designed to stimulate their senses. b. Diapers shall be changed as required and used diapers cleaned or disposed of consistent with the practices of good hygiene. Toilet training shall not be attempted with any foster child less than 18 months of age and shall be done in a non-disciplinary manner.
7.708.32 Suspected Child Abuse
Where child abuse is suspected, the foster parent shall be alert for evidence of signs of abuse and report such evidence promptly to the county department of social/human services. A written report of any external signs of injury, such as bruising, scratching or swelling, shall be placed in the foster child’s record. If there is any suspicion of abuse or illness, the foster child shall be seen by medical personnel immediately.
7.708.33 Foster Children's Rights
A. The certifying authority shall have written policies and procedures that address and ensure the availability of each of the following core rights for foster children in residence. These rights may not be restricted or denied by the family foster care home or certifying authority. Every foster child has the right to: 1. Enjoy freedom of thought, conscience, cultural and ethnic practice, and religion. 2. A reasonable degree of privacy. 3. Have his or her opinions heard and considered, to the greatest extent possible, when any decisions are being made affecting his/her life. 4. Receive appropriate and reasonable adult guidance, support and supervision. 5. Be free from physical abuse or neglect and inhumane treatment. Every foster child has the right to be protected from all forms of sexual exploitation. 6. Receive adequate and appropriate medical care. 7. Receive adequate and appropriate food, clothing, and housing. 8. Live in clean, safe surroundings. 9. Participate in an educational program that will maximize his/her potential in accordance with existing law. 10. Communicate with "significant others" outside the family foster care home, such as a parent or guardian, caseworker, attorney or guardian ad litem, current therapist, physician, religious advisor, and, if appropriate, probation officer. B. The following foster children’s rights may be limited to reasonable periods during the day or restricted according to routine of the family foster care home to ensure the protection of the foster children and foster family. Every foster child has the right to: 1. Have access to letter-writing materials, including postage, and to have a foster parent(s) assist him/her if unable to write, prepare, and mail correspondence. 2. Have access to telephones to both make and receive calls in private. 3. Have convenient opportunities to meet with visitors. 4. Wear his/her own clothes, keep and use his/her own personal possessions, and keep and be allowed to spend a reasonable sum of his/her own money. 5. Receive and send sealed correspondence. C. Family foster care homes must develop a plan, in conjunction with the certifying authority, regarding the following rights of foster children and these rights must be explained to the foster children upon admission. The notification must be communicated in a language or mode of communication the foster child can understand. There must be plans for: 1. How and when telephone and written communications will take place. 2. How, when and where regular visits of the foster child with relatives, friends, or others interested in his/her welfare will take place. 3. Extenuating circumstances and emergency situations affecting the foster child and his/her family.
7.708.34 The Prohibited Use of Cruel and Aversive Therapy
The family foster care home shall refrain from engaging in all cruel and aversive treatment or therapy including, but not limited to, the following:
A. Any intervention designed to or likely to cause a foster child physical pain. B. Releasing noxious, or toxic, sprays, mists, or substances in proximity to the foster child’s face. C. Any intervention that denies a foster child sleep, food, water, shelter, access to bathroom facilities, adequate bedding, or appropriate physical comfort. D. Any intervention or type of treatment that subjects a foster child to verbal abuse, ridicule, humiliation or that can be expected to cause excessive emotional trauma. E. Interventions that use a device, material, or object that is designed to simultaneously immobilize all four of the foster child’s extremities. F. Any treatment intervention that deprives a foster child of the use of his/her senses, including sight, hearing, touch, taste, or smell. G. The use of mechanical restraints, including but not limited to, the use of handcuffs, shackles, straight jackets, posey vests, ankle and wrist restraints, craig beds, vail beds, and chest restraints. H. Physical restraint, except as described at 7.714.90, and locked seclusion. I. Use of rebirthing therapy or any therapy technique that may be considered similar to rebirthing therapy as a therapeutic treatment, as defined by Section 12-43-222(1)(t)(IV), C.R.S.
7.708.35 Discipline
A. The family foster care home or certifying authority shall have written policies and procedures regarding discipline that must be explained to all foster children, parent(s), guardian(s), staff, and placing agencies. These policies must include positive responses to a foster child’s appropriate behavior. B. Discipline shall be constructive or educational in nature and may include talking with the foster child about the situation, praise for appropriate behavior, diversion, separation from the problem situation, and withholding privileges. C. Basic rights shall not be denied as a disciplinary measure. D. Separation when used as discipline must be brief and appropriate to the foster child’s age and circumstances. The foster child shall always be within hearing of an adult in a safe, clean, well-lighted, well-ventilated room in the family foster care home that contains at least 50 square feet of floor space. No foster child shall be isolated in a bathroom, closet or pantry. E. Foster children in care at the family foster care home shall not discipline other foster children. F. A family foster care home shall prohibit all cruel and unusual discipline including, but not limited to, the following: 1. Any type of physical hitting or any type of physical punishment inflicted in any manner upon the body of the foster child, such as spanking, striking, swatting, punching, shaking, biting, hair pulling, roughly handling a foster child, striking with an inanimate object, or any humiliating or frightening method of discipline to control the actions of any foster child or group of foster children. 2. Discipline that is designed to, or likely to, cause physical pain. 3. Physical exercises such as running laps, push-ups, or carrying heavy rocks, bricks, or lumber when used solely as a means of punishment. 4. Assignment of physically strenuous or harsh work that could result in harm to the foster child. 5. Requiring or forcing a foster child to take an uncomfortable position such as squatting or bending, or requiring a foster child to stay in a position for an extended length of time such as standing with nose to the wall, holding hands over head, or sitting in a cross-legged position on the floor, or requiring or forcing a foster child to repeat physical movements when used solely as a means of punishment. 6. Verbal abuse or derogatory remarks about the foster child, his/her family, his/her race, religion, or cultural background. 7. Denial of any essential/basic program service solely for disciplinary purposes. 8. Deprivation of meals or snacks, although scheduled meals or snacks may be provided individually. 9. Denial of visiting or communication privileges with family, clergy, attorney, or caseworker solely as a means of punishment. 10. Releasing noxious, toxic, or otherwise unpleasant sprays, mists, or aerosol substances in proximity to the foster child’s face. 11. Denial of sleep. 12. Requiring the foster child to remain silent for a period of time inconsistent with the foster child’s age, developmental level, or medical condition. 13. Denial of shelter, clothing or bedding. 14. Withholding of emotional response or stimulation. 15. Discipline associated with toileting, toileting accidents or lapses in toilet training. 16. Sending a foster child to bed as punishment. This does not prohibit a family foster care home from setting individual bed times for foster children. 17. Force feeding a foster child. 18. Isolating a foster child in a locked room for discipline. 19. Use of physical or mechanical restraint as discipline for a foster child, including, but not limited to, the use of handcuffs, shackles, straight jackets, posey vests, ankle and wrist restraints, craig beds, vail beds, hospital cribs, and chest restraints.
7.708.36 Physical Restraint [Rev. eff. 1/1/07]
If a family foster care home uses physical restraint with a foster child(ren) in care in an emergency situation when the foster child is a danger to himself/herself or others, the family foster care home must be pre-approved by the certifying authority to conduct restraints and must be in compliance with all the rules concerning physical restraint as found at Sections 7.714.53 - 7.714.536. The family foster care home must notify the placing caseworker when a child is restrained.
7.708.37 Religion [Eff. 2/1/02]
A. The family foster care home shall demonstrate consideration for, and sensitivity to, the religious backgrounds of foster children in care. The family foster care home shall assist a foster child's involvement in religious activities appropriate to the foster child's religious background and based upon the needs and interests of the foster child. B. Foster children in care at the family foster care home shall be allowed and encouraged to celebrate their religious holidays. C. Opportunity and assistance shall be provided for each foster child to practice the chosen/preferred religious beliefs and faith of his/her family. If the family has no preference, the individual preference of the foster child shall be respected. This includes, but is not limited to, making necessary arrangements for attendance of foster children at the appropriate religious institution or at a study group for religious instruction. D. A foster child may be invited to participate in religious activities of the family foster care home. E. A foster child shall not be coerced or forced to participate in the religious activities of the family foster care home or to attend religious services. F. Any form of religious intervention used by the family foster care home to control or change a foster child's behavior, or treat or heal a medical condition, must be approved, in writing, by the legal guardian(s) of the foster child prior to the use of the intervention. G. A family foster care home cannot deny medical care to a foster child because of religious beliefs. H. The foster child's family and/or guardian must be consulted prior to any planned change in religious affiliation made by the foster child while he/she is in care at the family foster care home.
7.708.38 Education [Rev. eff. 9/1/02]
A. Foster children shall attend educational/vocational programs in the most appropriate and least restrictive educational setting for the foster child, including, but not limited to, attending regular classes conducted in accredited elementary, middle, and secondary schools within the community. B. Regular school attendance or an educational plan is required for each foster child according to school attendance laws; a suitable, quiet, well-lighted place for study shall be provided together with necessary books, papers, pencils and other equipment which are reasonably required by school-age children. Foster parents shall review grade reports and other information received from teachers or school authorities with foster children in care and shall counsel and assist foster children regarding adequate classroom performance. The parent, guardian or authority with responsibility for the foster child shall be advised of school performance. Reasonable efforts shall be made to involve a foster child in extracurricular activities. The foster parents shall attend school staffings, conferences, and Individualized Educational Plan meetings when possible. C. Foster children attending school shall be permitted to participate in school extracurricular activities to the extent of their interests and abilities and in accordance with each individual foster child's plan. D. In order to ensure that all students who may have disabilities are provided an appropriate education, the family foster care home, in cooperation with the certifying authority, shall ensure that adequate "Child Find" procedures are utilized. Such procedures shall be developed cooperatively with Local Education Agencies (LEA) in accordance with Exceptional Foster Children's Educational Act rules and regulations and LEA procedures. Child Find includes a process for screening, referring, assessing and staffing students suspected of having a disabling condition.
7.708.39 Community Participation [Rev. eff. 1/1/04]
A. Participation in community activities shall be encouraged, supported, and a vital part of each foster child's life and choice. B. The family foster care home shall reflect consideration for, and sensitivity to, the racial, cultural, ethnic and/or religious backgrounds of foster children in care. The family foster care home shall involve a foster child in cultural and/or ethnic activities appropriate to his/her cultural and/or ethnic background. Other factors should include, but are not limited to, consideration of the child's family, community, neighborhood, faith or religious beliefs, school activities, friends, and child's and family's primary language. C. The family foster care home shall utilize available services, facilities, and activity programs of the community, and foster children shall be given opportunities to participate as individuals or as a group in agency-sponsored recreational and cultural programs. D. With the approval of the certifying authority, the family foster care home may deduct reasonable sums from a foster child¿s allowance as restitution for damages done by the foster child. Restitution must be negotiated with the foster child and based on the foster child's ability to pay. A written record of damages and any restitution paid by a foster child must be maintained by the family foster care home and certifying authority. E. Chores at the family foster care home are considered part of the participatory responsibility of living together. They shall provide constructive experiences in accordance with the age and ability of the foster child. F. All chores shall be scheduled so as not to conflict with other essential scheduled activities. G. The family foster care home shall comply with all child labor laws and regulations in making work assignments, with consideration for agricultural work assignments in those communities. H. Paid or voluntary work assignments outside of the family foster care home shall be approved by foster parent(s) and the county designee for the foster child, who shall know the employer, the specific type of work, and the conditions of employment. I. A foster child shall not be exploited. A foster child may not participate in solicitation on behalf of the family foster care home or certifying authority for a fund-raising activity without the written permission of the parent(s) or guardian(s) for each specific activity, and the foster child must be willing to participate in the activity.
7.708.4 PERSONAL CARE AND SAFETY OF THE FOSTER CHILD
7.708.41 Medical and Health Services [Rev. eff. 8/1/07]
A. A general medical examination for each foster child must be completed or scheduled with a physician or a nurse practitioner prior to or within fourteen (14) calendar days following placement at the family foster care home. If the child has received a medical examination within the previous twelve (12) months, another medical examination is not required during that year as long as the foster home has written documentation of the previous medical exam. A statement from the examiner shall be retained in the foster child's file. This exam shall include the following: 1. An examination for physical injury and disease. 2. Vision and hearing screening. 3. A current assessment of the foster child¿s health, including immunizations. B. Whenever indicated, a foster child shall be referred to an appropriate specialist for either further assessment or treatment. C. Subsequent physical and other examinations shall be done annually or as directed, in writing, by the physician or other qualified health professional. D. Dental examinations, appropriate to the age of the foster child, must have been completed within four months prior to placement or scheduled or completed within eight (8) weeks following placement. The family foster care home or governing body shall ensure that each foster child receives a dental examination every six months or as required in writing by a dentist. E. At all times there shall be First Aid supplies readily available at the family foster care home. Each foster parent must be certified in First Aid, or the equivalent, and CPR for all ages of foster children in care. F. The family foster care home, in conjunction with the parent(s) or guardian(s), shall make every effort to ensure that a foster child needing corrective devices such as glasses, hearing aids, etc., is provided with the necessary equipment. The placing authority for the foster child shall assist with obtaining resources as necessary to fulfill this requirement. G. The family foster care home has the right to request a statement regarding the foster child's general health from a medical examiner. In a potentially life-threatening situation, the family foster care home shall refer the foster child's care to the appropriate medical and legal authority. If a foster child wishes an exemption from a medical examination or medical treatment due to religious beliefs, the foster child shall submit a written statement signed by his/her parent(s) or guardian(s) which states the reasons for such an exemption. The family foster care home has the right to refuse admission to a foster child whose parent(s) or guardian(s) refuses medical treatment or examination based upon religious convictions. H. Foster parents shall be aware of and shall observe foster children for signs of illness or disease and shall respond to and care for a foster child suffering from illness, accident or injury. If contagious, the foster child affected should be isolated from other children in the home and made as comfortable as possible. First aid care shall be provided as required. If additional care, medical attention or removal from the home is indicated, the appropriate person with responsibility for the foster child shall be contacted and medical assistance shall be obtained without undue delay. A written record of any illness or injury to a foster child shall be retained in each foster child¿s individual record. I. The family foster care home shall regularly maintain and update a foster child's Human Services Health Passport, or a document containing all the information listed in the Health Passport, for foster children placed by a county department of social services. This document is to be photocopied regularly and submitted to the foster child's caseworker. The original of the document shall be given to the caseworker upon the foster child's discharge so that it can be given to the family foster care home where the foster child is being admitted or to the foster child's parent(s), guardian(s), or family member(s) with whom the foster child is placed. J. Medications shall be administered and stored in the following manner: 1. When a foster child first goes into care, the family foster care home shall ascertain all medication the foster child is currently taking. 2. All medication must be kept in a clean storage area inaccessible to foster children and stored according to pharmacy instructions. 3. All prescriptive medications shall be administered only upon the written prescription of a physician. The family foster care home shall also obtain written authorization from the prescribing physician to administer any non-prescriptive medication. 4. In an emergency situation, non-prescriptive medication may be administered on the verbal authorization of a physician. Written confirmation must then be obtained for the verbal authorization. 5. The family foster care home shall maintain for each foster child a cumulative record of all medication, both prescriptive and non-prescriptive, dispensed to that foster child, including: a. The name of the foster child. b. The name and dosage of medication. c. The time and date the medication was dispensed. d. The name or initials of the person administering the medication.
7.708.42 Food and Nutrition
A. The family foster care home shall provide nutritious foods in the variety and amounts as appropriate for the age, appetite, and activity of each foster child in care. B. At least three nourishing, wholesome, well-balanced meals a day shall be offered at regular intervals except when foster children receive their morning and/or noon meal(s) at school. No more than fourteen (14) hours shall elapse between the evening and morning meals. Nourishing snacks shall be part of the daily food provided. C. Family meals including all children and adults present in the home shall be provided whenever possible. D. Foster children shall be encouraged to eat a variety of the food served but shall not be subjected to undue coercion, including forced feeding, or punished for refusal to eat. E. All food shall be from sources approved or considered satisfactory by the health authority. All foods shall be stored, prepared, and served in such a manner as to be clean, wholesome, free from spoilage, and safe for human consumption. Only pasteurized milk shall be served. Home pressure-canned fruits and vegetables and canned meats cannot be served because of the possible severe health concerns for foster children from botulism in unsafe canned foods. Fruits, vegetables and meats may be frozen. F. There shall be a record made of the special diets prescribed and prepared for a foster child. G. Foster children must not be given foods that are contrary to their religious beliefs, or of their family, or are known to cause an allergic reaction or a health hazard. H. Water shall be readily accessible to foster children. I. Common drinking cups shall not be permitted.
7.708.43 Personal Hygiene and Daily Routine
A. The family foster care home shall ensure that foster children receive training in good habits of personal care, hygiene, and grooming appropriate to their age, gender, race and culture. 1. There shall be supervision by foster parents to provide for proper grooming and physical cleanliness of the foster children. 2. The family foster care home shall ensure that foster children are provided with necessary and appropriate toiletry items, including clean, individual towels and washcloths, toothbrush, toothpaste, comb, and shampoo. 3. Foster children shall be encouraged or assisted to maintain cleanliness or good hygiene; teeth shall be brushed each day and more frequently when possible. B. The family foster care home shall have basic daily routines for foster children in care. 1. Daily routines shall not be allowed to conflict with the implementation of a foster child’s family services plan. 2. Daily routines shall be established for mealtimes, waking, and bedtimes. 3. Opportunity for physical exercise shall be planned for each foster child.
7.708.44 Clothing and Personal Belongings
A. The family foster care home shall allow a foster child in care to bring his/her personal belongings to the program, as defined by the family foster care home policy, and to acquire belongings of his/her own. However, the family foster care home shall, as necessary, limit or supervise the use of these items while the foster child is in care. Where extraordinary limitations are imposed, the foster child shall be informed of the reasons, in a language or manner of communication the foster child can understand. B. The family foster care home shall ensure that each foster child in care has adequate clean, proper-fitting, attractive, and seasonable clothing as required for health, comfort, and physical well-being and as appropriate to age, gender, individual needs, culture, and ethnicity. 1. Each foster child’s clothing shall be distinguished as his/her own. 2. A foster child’s clothing shall be kept clean and in good repair. The foster child shall be involved, as appropriate, in the care and maintenance of his/her clothing. As appropriate, laundering, ironing, and sewing facilities shall be accessible to the foster child. C. The family foster care home in conjunction with the placing authority shall ensure that discharge plans make provisions for clothing needs at time of discharge. The wardrobe for each foster child shall go with him/her at time of discharge.
7.708.45 Emergency Drills
A. There shall be a plan for foster parent(s) and foster children to follow in case of emergency or disaster. The plan shall include provisions for roles and responsibilities during an emergency, evacuation of the family foster care home, and the assignment of a central meeting place where each individual may be accounted for. B. Fire exit drills must be held often enough so that all occupants are familiar with the drill procedure and their conduct during a drill is a matter of established routine. C. Drills must be held at unexpected times and under varying conditions to simulate the conditions of an actual fire. D. Drills must emphasize orderly evacuation under proper discipline rather than speed. Running or horseplay shall not be permitted. E. Drills must include suitable procedures for ensuring that all persons in the family foster care home actually participate. F. A record of fire drills must be recorded by the family foster care home. G. Smoke alarm devices shall be regularly used in the conduct of drills. H. The family foster care home shall make special provisions for the evacuation of any foster child with a disability in the family foster care home. I. The family foster care home shall take special care to help emotionally disturbed or perceptually handicapped foster children understand the nature of such drills. J. If appropriate to the location of the family foster care home, tornado drills must be held often enough so that all occupants are familiar with the drill procedure and conduct during a drill is a matter of established routine. A record of tornado drills must be recorded by the family foster care home.
7.708.46 Transportation
A. A family foster care home or certifying authority shall ensure that each foster child is provided with the transportation necessary for implementing the foster child’s family service plan. B. A family foster care home shall have means of transporting foster children in cases of emergency. C. Any vehicle used by the family foster care home in transporting foster children in care, whether such vehicle is operated by a foster parent or any other person acting on behalf of the family foster care home, shall be properly licensed, and the vehicle shall be maintained in accordance with Colorado law. D. Any foster parent or other person acting on behalf of the family foster care home operating a vehicle for purpose of transporting foster children shall be properly licensed to operate the class of vehicle in accordance with Colorado law. E. Foster children under 16 years of age must be properly fastened into a restraint system that conforms to all applicable Federal Motor Vehicle Safety Standards and pursuant to Colorado law. F. A family foster care home shall not allow the number of persons in any vehicle used to transport foster children to exceed the number of available seats in the vehicle. G. The vehicle shall be enclosed and provided with door locks. H. A family foster care home shall ascertain the nature of any need or problem of a foster child which might cause difficulty during transportation, such as seizures or a tendency toward motion sickness. The family foster care home shall communicate this information to the driver of any vehicle transporting foster children in care.
7.708.5 RECORDS AND REPORTS
7.708.51 Records [Rev. eff. 3/2/05]
A. The family foster care home, in conjunction with the certifying authority, shall maintain complete records as required for the licensing or certification of the family foster care home in accordance with the rules regulating family foster care homes. B. Records for foster children shall be retained for at least three years. Retention of records for a longer period may be desirable when they reflect an accident, injury or other unusual circumstance. C. A record of admission shall be completed for each foster child in care prior to or at the time of placement. The admission record shall be maintained at the family foster care home where the foster child resides and shall contain: 1. Foster child’s name, date and place of birth (verified by a birth certificate when possible), gender, race, religious preferences of parent(s) or foster child, date and reason for placement. 2. Foster child’s address and telephone number, parent(s) or guardian(s) address and telephone number if different from the foster child. 3. Name, address, day and nighttime telephone number of individual or agency placing the foster child with the name of individual arranging the placement. 4. Any documents pertaining to the foster child’s legal status such as court orders, including the appointment of a Guardian ad litem, legal guardianship, or custody agreements. 5. A copy of the placement agreement pursuant to 7.708.61, K. 6. Health records including a health history, chronic medical problems of the foster child, illnesses the foster child has had during the last six months and a complete list of all medications the foster child is taking. D. Each foster child’s file shall also include: 1. Current medical and dental reports, accident, injury, or illness reports, record of medication administered and necessary medical care provided to the foster child while in placement. 2. Copies of educational records and reports of school work, including scholastic performance, certificates of achievement or award, copies of school pictures, extracurricular interests. 3. The foster child’s Family Services Plan, a summary of the periodic evaluations of the foster child’s progress and resultant changes in the Family Services Plan. 4. Psychiatric and psychological reports, when available. 5. Summary recording of significant contacts with parent(s), guardian(s) and other involved agencies. 6. If requested by the provider, a written notice to employees of the Department of Human Services and of county departments or other individuals with a need to know, if the foster parents do not want personally identifiable information provided to adult members of the foster child's family. Written notice may be subsequently provided to the parties aforementioned for release of personally identifiable information to the foster child's family which shall include the consent to release information, the foster parent's signature, and the date.
7.708.52 Reports [Eff. 2/1/02]
A. The family foster care home shall immediately notify the foster child's parent(s), guardian(s), and/or the responsible agency of any serious illness or serious injury resulting in medical treatment away from the family foster care home, hospitalization or death involving a foster child in care. B. The family foster care home shall notify the parent(s), guardian(s), or placing authority as soon as possible upon discovery that a foster child has run away. C. A report about a death must include: 1. The foster child's name, birth date, address, and telephone number. 2. The names of the foster child's parent(s) or guardian(s) and their address and telephone number if different from that of the foster child. 3. Date of the fatality. 4. Brief description of the incident or illness leading to the death. 5. Names and addresses of witnesses or persons who were with the foster child at the time of death. 6. Name and address of police department or authority to whom the report was made. D. The family foster care home shall notify the certifying authority of any change in the status of the family foster care home, police intervention or moving traffic violations that could affect care and safety of foster children.
7.708.6 CERTIFYING AUTHORITY REQUIREMENTS
7.708.61 Admission Requirements
A. Admission of a foster child to a family foster care home shall be in keeping with the stated purpose of the family foster care home and shall be limited to those foster children for whom the foster parent(s) is qualified and by the needs of foster children already in residence to provide THE care necessary. Care must be provided in the least restrictive, most appropriate setting in order to meet the foster child’s needs. B. Each family foster care home or its certifying authority shall have a written admission policy which at a minimum must include: 1. The policies and procedures related to intake. 2. The age range and sex of foster children accepted/admitted for care. 3. The needs, problems, situations or patterns best addressed by the family foster care home. 4. Any pre-placement requirements for the foster child, the parent(s) or guardian, and/or the placing agency. 5. The anticipated problems or situations that would result in the family foster care home or certifying authority requesting removal of a foster child from placement prior to the planned discharge. C. The written description of admission policies and criteria shall be provided to referring agencies. D. information regarding the prospective foster child shall be discussed with the foster parent(s) as early as possible prior to placement. The family foster care home shall accept a foster child into care only after a preliminary assessment/screening of presenting problems in areas such as social, physical health, mental health, psychological concerns, previous physical or sexual abuse, and concerns about previous delinquent, assaultive, or destructive behavior, if appropriate, has been conducted. E. it is desirable for the foster child to visit and become familiar with the foster parents, the foster home and other persons living in the home prior to placement. F. For each foster child referred for placement, the family foster care home shall be provided with a current comprehensive intake evaluation, including a social, health, and family history, developmental assessment or mental health evaluation, and a psychological evaluation, if determined to be necessary by the family foster care home or certifying authority. Educational records shall be provided if appropriate. As much of this information as possible shall be provided to the foster parent prior to admission, but the total evaluation shall be completed by the placing authority within one month after admission. If the family foster care home or certifying authority is unable to obtain this information within these time periods or is totally unable to obtain the information, the certifying authority must document its attempts to obtain the information and reasons for not obtaining the information. G. At the time of placement, the foster parent(s) shall be provided with a record of admission as outlined in Section 7.708.51, C. The Medicaid card shall be given to the foster parent(s) for Medicaid eligible foster children as soon as possible after placement. If a foster child is placed at the family foster care home as an emergency placement, the family foster care home shall be provided with at least the following information: name, birth date, if available, and physical description of the foster child, date and time of the admission; name, address, telephone number and authority of person bringing the foster child to the family foster care home, and the reason for placement. Any other information that may be available should be recorded at the time of placement or as it becomes available. The date that placement terminates shall also be recorded. H. For all placements of foster children, previous medical records should be obtained and pertinent information from those records, including immunization records shall be given to foster parents within four weeks of the initial placement. The medical history shall contain, to the maximum degree possible, the information listed in the Colorado Department of Human Services Health Passport. I. Preparation of the foster child for admission shall be in a manner consistent with the foster child’s age and ability to participate in the plan and to understand the reason for the placement. J. Prior to placement of the foster child at the family foster care home, the, guardian(s), and/or placing agency must be notified of the religious practices, philosophy, and affiliation of the family foster care home. K. The placement agreement shall be developed with the involvement of the foster child, the parent(s) or guardian(s) and the representative of the placing agency. Where the involvement of any of these is not feasible or desirable, the reasons for the exclusion shall be recorded by the certifying authority. The placement agreement shall include by reference or attachment at a minimum the following: 1. Discussion of the foster child’s and the parent's or guardian's expectations regarding: family contact and involvement; how family contact and involvement are to occur; the nature and goals of care, including any specialized services or specialized treatment to be provided; the religious orientation and practices of the foster child and/or family; and the anticipated planned discharge date and plan for the foster child following discharge. 2. The policy and procedure to be followed regarding the use of restraint in an emergency situation pursuant to Section 7.708.36. 3. A delineation of the respective roles and responsibilities of all agencies and persons involved with the foster child and his/her family. 4. Written authorization for care and treatment of the foster child. 5. Written authorization to obtain routine medical and dental care for the foster child and to obtain emergency medical and dental care. 6. Legal status or custody of the foster child. 7. If a foster child is being placed by a Colorado county department of social/human services, the appropriate state form or contract shall be completed. This form or contract may provide some of the required authorizations.
7.708.62 Foster Children's Grievance Procedure [Eff. 2/1/02]
The certifying authority must establish a written grievance procedure that provides adequate due process safeguards, spells out the appeal process, and assures that foster children and parent(s) or guardian(s) are entitled to report any grievance and shall not be subject to any adverse action as a result of filing the grievance.
A. The family foster care home and/or certifying authority for the family foster care home must follow grievance procedures without alteration, interference, or unreasonable delay. B. If a grievance is filed with the family foster care home, the grievance shall be recorded in the foster child’s official case record along with the investigation findings and resulting action taken by the family foster care home or certifying authority. Information regarding the grievance must be sent to the individual or agency holding legal custody of the foster child.
7.708.63 Comprehensive Program for Medical Care for the Foster Child [Eff. 2/1/02]
The certifying authority shall ensure the availability of a comprehensive program of preventive, routine, and emergency medical and dental care for each foster child in care. Every reasonable effort shall be made to obtain routine and corrective dental care. The certifying authority shall have a written plan for providing such care. This plan shall include at a minimum:
A. Ongoing appraisal of the general health of each foster child, including immunizations, in accordance with state law and regulations. B. Procedures for obtaining diagnostic services, emergency care, including the availability of emergency medical care on a 24-hour, seven-day-a-week basis, corrective care, recuperative care, and immunization updates. C. Provision of health education, which includes sex education, and birth control information and education, age appropriate to the foster child. D. Provision that any medical treatment administered will be explained to the foster child in a language or manner of communication understandable to him/her. E. The provision of dental care by a Colorado-licensed dentist, who is available to the family foster care home. F. Procedures for dispensing medication, storage of medication, documentation of administration of all medication, disposing of medications when not needed or no longer in use, and notification to a primary physician in cases of medication errors and/or drug reactions.
7.708.64 On-Going Health of Family Foster Care Parents [Eff. 2/1/02]
A. A certifying authority shall not certify or continue to certify any person whose health, or emotional or psychological makeup impairs his/her ability to properly protect the health and safety of foster children. B. A certifying authority shall not allow a foster parent provide care for foster children if the foster parent, upon examination or as a result of tests, shows indication of a physical condition which could be hazardous to a foster child, or self, or which would prevent performance of duties. C. If in the opinion of a licensed health care professional or licensed mental health practitioner, a medical, emotional or psychological condition exists at any time which may jeopardize the health and/or safety of foster children or adversely affect the ability of foster home parents to care for such foster children, the issuance of a certificate shall be conditioned upon the satisfactory report of the licensed health care professional and, if foster children are in care, the certifying authority shall contact the appropriate social/ human services personnel to make satisfactory arrangements for the temporary care of foster children. D. The unfavorable report from any medical evaluation concerning the physical, mental health or emotional stability of any foster care parent or applicant must be evaluated and may be grounds for denial, revocation or making probationary of a foster care certificate.
7.708.65 Orientation, Training and Certification [Rev. eff. 8/1/07]
A. The certifying authority shall have a comprehensive written plan for the orientation, pre-certification training, certification, and ongoing training of foster parents. 1. The certifying authority shall have an introductory training and orientation program for all foster parents. This program shall include, at a minimum, twenty-seven (27) hours of initial core training consisting of at least twelve (12) hours prior to placement of a child and the remaining hours to be completed within three (3) months after placement, including orientation to emergency and safety procedures and the general and specific duties and responsibilities of being a foster parent. 2. If a child is placed with a foster care family on an emergency basis, twelve (12) hours of core training must be completed and the remaining hours of training completed within four (4) months from the date of placement. An emergency means that a child's safety is subject to actual or likely harm, immediate or emerging, serious or severe, which requires control. 3. The certifying authority shall maintain written documentation of specific in-service training held, foster parents participating, the hours involved, and/or other on-going training activities in which foster parents were involved. B. The certifying authority shall create a training development plan for each foster parent(s) to document the strengths and competencies of the foster parent(s) and to identify those areas in which additional training is needed. C. The certifying authority shall document that foster parents receive quality, appropriate, competency-based training in the following areas that builds on basic competencies of the foster parent(s) established through life experiences and pre-certification training. 1. The family foster care home's emergency and safety procedures, including but not limited to fire evacuation drills, tornado drills, where appropriate, and flood evacuation drills, where appropriate, on at least a semiannual basis. 2. The principles and practices of child care, including developmentally appropriate practices. 3. The certifying authority's administrative procedures and overall program goals. 4. Acceptable behavior management techniques, including appropriate discipline and restraint of foster children, if appropriate, in accordance with these rules. 5. Appropriate boundaries (both physical and emotional) between foster parents and foster children while in placement at the family foster care home and after discharge. 6. Positive and constructive methods of dealing with the foster child, including but not limited to, physical structuring of the environment and de-escalation of crisis situations. 7. Annual review of these regulations by foster parents. D. Training requirements for the initial year of certification are as follows: 1. 27 hours of Core training, as identified in Section 7.708.65, A; and, 2. CPR and First Aid training; and, 3. 20 hours of ongoing specialized training. E. Annually, each foster parent, except therapeutic foster parents or treatment foster parents, must complete twenty (20) hours of on-going specific training required in his/her training development plan. Training must include at least the areas listed above. Therapeutic or treatment foster parents providing therapeutic services must complete an additional twelve (12) hours of on-going training annually for a total of thirty-two (32) hours of training in such areas as dynamics of victimization issues, with emphasis on appropriate age and developmental levels and the individual needs of the foster children in care. All providers serving children funded by the Children's Habilitation Residential Program (CHRP) must complete thirty-two (32) hours of ongoing specific training as identified in their training development plan.
7.708.66 Transportation Policy [Eff. 2/1/02]
The certifying authority shall have a written policy concerning under what circumstances a vehicle may be driven by a licensed foster child alone or with one passenger. Such driving privileges shall be a part of the foster child's family services plan.
7.708.67 Limitation of Foster Children's Personal Belongings [Eff. 2/1/02]
The decision and reasons why a family foster care home would limit a foster child's access to his/her personal belongings brought to the foster home upon admission shall be recorded in the foster child's case record maintained by the placing authority.
7.708.68 Personal Allowance and Work Opportunities [Eff. 2/1/02]
Foster Children shall be provided personal allowance and/or work opportunities according to the established policy of the certifying authority and shall have opportunities appropriate to the foster child’s age and development to experience the use and value of money by making purchases for items according to their own choice.
A. Money earned, received as a gift, or received as allowance by a foster child in care shall be deemed to be that foster child’s personal property. B. Limitations may be placed on the amount of money a foster child may possess or have access to when such limitations are considered to be in the foster child’s best interests.
7.708.69 Confidentiality of Records and Reports [Eff. 2/1/02]
A. The certifying authority shall have a policy as to the maintenance, storage and confidentiality of records. B. Records shall be the property of the certifying authority and shall be protected against loss, tampering, or unauthorized use. C. Facts learned about foster children and their families shall be kept confidential, with the following exceptions: 1. In medical emergencies, and then only when the assistance and/or expertise is required of that unauthorized person; or 2. The foster child, his/her parent(s) or guardian(s) and their respective legal counsel(s), a court having jurisdiction over the foster child, or an authorized public official, or certifying/licensing representative in performance of his/her mandated duties; or 3. If the parent(s) or guardian(s) has given voluntary, written consent.
7.709 RULES AND REGULATIONS FOR SPECIALIZED GROUP FACILITIES [Rev. eff. 11/1/08]
All Specialized Group Facilities must comply with the "Quality Standards for 24-Hour Child Care", the "Rules Regulating Specialized Group Facilities", the "General Rules For Child Care Facilities", and the "Rules Regulating Special Activities".
7.709.1 DEFINITIONS [Rev. eff. 11/1/08]
A. The "Specialized Group Facility" (SGF) is sponsored and supervised by a county department of social/human services (henceforth to be known as the county) or a licensed child placement agency (henceforth to be known as the agency) for the purpose of providing 24 hour care for three (3) or more children, but fewer than 12 children from three years old to sixteen years old and for children from 16 to 18 years old and those persons 21 years old who are placed by court order prior to their eighteenth birthday whose special needs may best be met through the medium of the small group. The two types of specialized group facilities are the specialized group home and the specialized group center. 1. A "specialized group home" is located in a house owned or otherwise controlled by the group home parents who are primarily responsible for the care of the children and reside therein. 2. A "specialized group center" is located in a house owned or controlled by a governing body that hires the group center parents or personnel who are primarily responsible for the care of the children. 3. The "sponsoring agency" is the county or agency that is responsible for supervising the SGF and providing support and evaluation of the facility every week by a qualified staff member. 4. "The governing body" is the individual, partnership, corporation or association in whom the ultimate authority and legal responsibility is vested for the conduct of the specialized group center and the center's relationship with the supervising agency. The sponsoring agency and the governing body may be the same. B. A specialized group facility may accept children five years old and over in an emergency for a short period of time. Special rules necessitated by the emergency placement regarding intake, records, placement planning and staffing are found at Section 7.709.26. C. No more than two children less than five years old may be cared for in a specialized group facility at one time. D. In specialized group facilities, the number of natural and relative children less than sixteen years old of the caretaker plus the foster children shall not exceed eleven children.
7.709.2 APPLICATION AND STUDY FOR AN ORIGINAL LICENSE [Eff. 11/1/08]
If a county or agency establishes and plans to sponsor a specialized group facility, the governing body for the specialized group facility is the applicant for the license. Both the county and/or agency and the governing body must sign the original application. An original application which is totally complete and a fee shall be submitted to the State Department of Human Services, including a written plan for the supervision of the specialized group facility. The name of the county or agency supervisor for the specialized group facility must be identified on the application.
7.709.21 Requirements for the Operation of Specialized Group Homes or Specialized Group Centers [Rev. eff. 11/1/08]
A. The specialized group facility shall be sponsored and supervised by a county or agency. B. The supervisory responsibilities of the sponsoring agency are: 1. To be knowledgeable with the rules regulating specialized group facilities; and, 2. Participate in the development and application process to include verifying that the original application submitted is complete with all required signatures and submitted in a timely manner; and, 3. Ongoing assessment of the specialized group facility for quality of care issues; and, 4. Annual evaluations of the governing body, unless the governing body and the sponsoring agency are the same agency. C. The sponsoring agency shall be responsible to ensure that state rules are followed regarding: 1. The hiring, training and scheduling staff; and, 2. Placement decisions including, but not limited to, appropriateness of placement and least restrictive environment; and, 3. Documentation, reporting and corrective action of critical incidents.
7.709.22 Personnel Qualifications and Role of a County Department of Social Services or a Licensed Child Placement Agency to Establish and Supervise a Specialized Group Home or Center [Rev. eff. 11/1/08]
A. The Specialized Group Home or Center shall be supervised by a paid staff member of the agency who holds a Master of Social Work degree or a master's degree in behavioral science with an emphasis in child development and/or family relations and a minimum of two years paid full time or equivalent part-time experience in social work; or if the staff member does not have the aforementioned education and experience, then he/she must have a bachelor's degree with a major in social work, sociology, psychology or closely related field and be directly supervised by an agency staff member holding the master degree and experience described above. B. In establishing a new group home or center the agency shall, with the group home parents or governing body, complete a financial feasibility study reflecting actual and realistic cost factors as well as adequate resources to insure its ongoing operation. C. A statement of purpose and function which includes a description of the characteristics of the youth population which is to be served by the facility shall be written by the agency and the group home parents or the group center governing body. D. The agency and the group home or center parents or personnel shall develop and adhere to written policies and procedures regarding the care of children which shall be reviewed annually and shall include the following: 1. Provision for emergency procedures including illness, accident, fatality and fire. 2. Participation in special activities in compliance with Section 7.719. E. The group home or center parents or personnel and the agency shall develop and adhere to written policies and procedures regarding personnel including: pay (when appropriate), provision of relief time and vacation time, annual performance evaluation, training opportunities, selection of personnel and maintenance of personnel records. F. The agency staff member who supervises the group home or center shall obtain, provide and/or coordinate the following services for children in care: 1. Group and/or individual counseling for children and their families. 2. For each child, long range, intermediate and short term goals shall be established and a case plan written. The goals and case plan must include a plan for discharge and must be developed and evaluated pursuant to regulation Section 7.714.4, C, D. Goals and case plan for children three and four years old shall be evaluated monthly. 3. Records for the home or center as required in Section 7.709.27. 4. Psychiatric, psychological or developmental evaluations and consultations as required. 5. Specialized educational resources as required. 6. All necessary legal representation of child. 7. Consultation with the home or center parents or personnel about methods of work with the children. 8. Assessment of quality of care with the home or center parents or personnel. G. The agency staff member shall meet in each specialized group facility with the primary caregivers and other personnel, if available, a minimum of two hours per week exclusive of counseling services, to discuss individual children, problems, program and/or special needs. H. The agency shall ensure that adequate records be maintained about group home or center income and expenses, the provision of clothing, allowances, dental and medical services and medicine.
7.709.23 Character, Suitability and Qualifications of Group Home or Group Center Parents or Personnel [Rev. eff. 11/1/08]
A. The group home or group center parent's or personnel's own children shall not have been placed in foster care or a residential treatment facility under circumstances tending to show that the parent is unable or unwilling to care for his/her own children unless the placement was primarily for such reasons as the physical illness of the parent, physical or mental disability of the child or the relinquishment of an infant child for adoption. B. The group home or group center parents or personnel shall be able to demonstrate through satisfactory past experience and references the ability to provide for the proper physical, mental and character development of children in care. C. The group home or group center parents or personnel shall demonstrate stability in family or marital relationships, where applicable, within the home where the care is to be provided. D. The group home or group center parents or personnel shall hold a high school diploma or General Equivalency Diploma (GED). E. The group home or group center parents or personnel shall not be less than 21 years of age, shall be appropriate for the age of children in care and shall possess the adequate physical stamina to care for children. An individual, such as the son or daughter of the group home or group center parents, who is well acquainted with the children in care and is between the ages of 18 and 21 years old may be a child care personnel and assist in the care of the children with the approval of the agency. F. Children of the group home parents or group center parents or personnel and any other persons not placed by the agency and living in the group home or group center shall obtain a physical examination annually or as required in writing by an approved health care professional. G. The group home or group center parents or personnel shall include at least one primary caregiver who is a full-time employee of the facility, provides some direct care for children, supervises other child care personnel and holds major responsibility for child care. H. The primary caregiver shall have had verifiable working experience with children of the age to be cared for in the group facility. Such experience shall be from one or more of the following: 1. One year of experience as a foster home parent. 2. Two thousand hours work experience with children of the age to be cared for in the group facility. 3. One year of experience as a child care worker in a residential facility for children; and, 4. The group home primary caregivers who have not previously received 12 hours of "core" training shall receive 12 hours of training within the first twelve (12) months following the submission of the applications. I. Other child care personnel in the group center or group home shall be supervised by a primary caregiver. J. The group home or group center parents or personnel who are the primary caregivers shall be evaluated by a board-eligible psychiatrist, a certified psychologist or a Licensed Clinical Social Worker, and shall obtain a statement from the evaluator which evaluates the persons. 1. Psychosocial history to include family of origin style under which they were parented; relationships with parents and siblings; and, 2. Child abuse and neglect assessment to include prior history of physical, emotional, verbal, sexual abuse or neglect; and, 3. Relationships with extended family, significant romantic relationships, marriages, engagements, failed relationships and estrangements; and, 4. Work history and reason for wanting to work with children in a specialized group faciltiy; and, 5. Assessment of finances; and, 6. Children, both biological and adopted, and relationships with children, including adult children; and, 7. Support systems available to the primary caregiver; and, 8. Areas of interest, hobbies, and activities; and, 9. Tolerance and intolerance to include stressors, coping skills, expectations, negative experiences, survival of crisis in their life experiences and religious issues; and, 10. Health history and medication history to include substance abuse, drugs, alcohol history and issues and current medication; and, 11. Previous or current psychological issues including the history of the issues or therapy; and, 12. Previous child care responsibilities and experiences; and, 13. Legal and criminal background and/or history; and, 14. Involvement or experiences with child protective services of a county department of social/human services as a child or as an adult; and, 15. Education and training; and, 16. Any existing condition which may jeopardize the health or well-being of children or impair the care of the children. K. The licensing or certifying authority must receive at least three statements which describe the primary caregiver's character and ability to provide care for children from references, provided by the primary caregiver, who are not related to the caregiver and have known the caregiver one year or longer. References need not be residents of Colorado. L. References shall be obtained by the group home or center for other personnel. References shall be kept on file at the facility or the agency.
7.709.24 Physical Requirements for a Safe and Adequate Specialized Group Facility [Rev. eff. 11/1/08]
A. The following shall be required of each specialized group care facility: 1. In facilities licensed after 5/1/84, all furnaces shall be separated from living areas by one-hour fire resistive material, provided with adequate outside combustion air, installed and maintained with safety devices to prevent fire, explosions and other hazards. The space around the furnace shall not be used for storage. 2. Electrical wiring systems throughout the facility shall be in good repair. There shall be no three-way plugs or extension cords in use. There shall be no exposed wiring. 3. Household materials which may be dangerous to children, such as matches, plastic bags, cleaning and laundry supplies as well as household tools and equipment which may present a danger to children, shall be stored out of their reach when appropriate. 4. In each facility licensed after 5/1/84, there shall be at least two approved, alternate, widely separated means of egress from each floor of the building to safe and open space at the ground level. 5. No lock or fastening to prevent free escape from the inside of any room or building used by the children shall be permitted. Exit door hardware shall be of the single-action type. 6. Exit doors shall be obvious, and where this is not so, exit signs shall be installed. 7. The local fire department shall determine the adequacy of exits and other measures for life safety in accordance with the requirements of the Uniform Building Code and the National Fire Protection Codes. In cases of practical difficulty or unnecessary hardship, the local fire department may grant exceptions from the Uniform Building Codes or the National Fire Protection Codes, but only when it is clearly evident that reasonable safety is thereby secured. 8. When smoking within the facility is permitted, smoking areas shall be designated. 9. In new facilities licensed after 5/1/84, any accessible areas beneath stairways shall be enclosed with one-hour fire-resistant material. E. Living areas for children in a specialized group home or center shall include: 1. Separate sleeping rooms for boys and girls. In sleeping rooms that accommodate two to four children, 60 square feet of floor space per child shall be provided. There shall be no more than four children in any bedroom. Each room for single occupancy shall have a minimum of 80 square feet of floor space. Closet space and drawer space for personal items sufficient for the occupants in each sleeping room shall be provided. 2. Each child shall be provided suitable sleeping facilities consisting of individual beds or bunks complete with mattresses in good repair and constructed so as to facilitate cleaning while in use by residents, and upon each change of occupancy. Single beds shall be spaced not closer than 36 inches laterally or end to end. Triple-deck bunk facilities are prohibited. Beds being used by children shall have a mattress cover, clean sheets, pillows and pillowcases and blankets as appropriate. 3. Sleeping rooms above or below the floor of exit travel shall not be used for sleeping purposes for children who have physical handicaps which limit mobility. Children less than eight years old shall sleep on the same floor as the group home or center parents or personnel. Children under 12 years of age shall not be permitted to sleep in a detached structure unless a responsible person sleeps in the same structure. 4. Bedrooms, separate from those used by children, shall be provided for the group home or center parents or personnel who sleep at the facility. 5. Facilities shall provide living areas of no less than 35 square feet per occupant of usable indoor space exclusive of halls, baths and sleeping areas which shall be available for such things as dining, recreation, reading, visiting. Interior walls and ceilings shall be constructed of solid material and shall be in good repair. 6. There shall be a ratio of at least one toilet, lavatory and bathtub or shower for every six foster children living in the home or center. Toilet, lavatory and bath or shower facilities shall be in the same building(s) as the children's sleeping quarters and shall be accessible from the inside of the building. 7. There shall be a towel rack for each child in residence in bathroom or bedrooms. F. The group home or center's kitchen shall be equipped with the following: 1. Adequate space for receiving, storage and refrigeration of food. 2. Adequate space for eating in kitchen or adjacent room for all children to eat at the same time. G. The facility must have laundry facilities with adequate storage for linens. H. The group home or center, if located in the same building as or immediately adjacent to other residential facilities such as another group home or center, an adult treatment center or a nursing home, shall be so arranged that the care and activities of the children residing in the group home can be completely separate and independent from the other residential facility. No group home or center shall be used for purposes of a rooming or boarding house. A specialized group facility may not be operated adjacent to or on the premises of a business of a nature which might be hazardous to the health, safety, morals or welfare of children and the operation of the specialized group facility. The group home or center shall house only unrelated children of the ages mentioned on the license or certificate and of the type described in the statement of purpose. The facility shall not also be used by unrelated adults. I. Mobile homes shall not be used for group homes or centers. J. When a swimming pool is provided, it shall meet the requirements of the Colorado Department of Public Health and Environment or its local unit. Safety precautions shall include protective fencing, a nonskid surface of at least four feet adjoining poolsides, and winter coverage which shall exclude plastic or inflatable-type domes. A certified lifeguard shall be in attendance at all times when the pool is in use.
7.709.25 Care of Children [Rev. eff. 11/1/08]
A. Group home or group center parents or personnel shall provide supervision and care appropriate to each child's age, level of development, ability to accept independence and responsibility, and according to the group home or group center's policies, procedures and the child's case plan. 1. The group home or group center parents or personnel shall know the intended whereabouts of each child in care at all times. 2. Children less than l4 years old shall not be left without adult supervision in the home or center. Children over l4 years old may be allowed to stay alone occasionally for short periods of time in the home or center pursuant to a case plan and the facility policy. 3. Children who are less than l6 years old who are sleeping away from the group home or center, such as during a camping trip or a slumber party, must have adult supervision. 4. When all the children are away from the group home or center, the adult parent or personnel on duty may be away from the home or center for short periods of time. B. The following staff pattern shall be maintained: 1. If the primary caregiver is married, one spouse may be working full time outside the home or center. The spouse or one child care personnel shall assist the primary caregiver during times when the number and/or needs of the children require additional supervision as determined by the group facility and the supervising agency; or, 2. If the primary caregiver is single, she/he must be at the home or center full time. There shall be one child care personnel assisting the primary caregiver during times when the number and/or needs of children require additional supervision as determined by the group home and the supervising agency; and, 3. A relief staff member who is knowledgeable about the policies and practices of the home or center shall be available to provide child care when the primary caretaker is gone from the home and as determined by the group home or center and supervising agency. An adult shall be available in the event of an emergency; or, 4. If the group center has rotating staff, there shall be at least one child care personnel on duty during each shift. The primary caregiver shall work together with the other child care personnel to provide modeling and supervision for at least l6 hours a week during the hours the children are at the facility. 5. If the group home or center and supervising agency determine that additional personnel are necessary, a mutually agreed upon written plan for staffing the group home shall be followed. C. Health Care, Hygiene, Meals, Safety 1. There shall be a written agreement with a health care facility or medical personnel who has agreed to provide emergency medical care to children in the group home or center. 2. Necessary medical care shall be obtained pursuant to the policy and procedures of the group home or center. 3. Menus shall be kept for at least a two-week period, and there shall be a documented review periodically by a qualified nutritional consultant. 4. One group home or center parent or personnel shall be responsible for meal planning, and a parent or personnel shall be assigned responsibility for food preparation for each meal. Children may help when appropriate. 5. Only pets permitted by local codes are acceptable at the group facility. Pets shall be housed, cared for and vaccinated according to health department regulations and other local codes. Precautions shall be taken as required to ensure both safety and good hygiene. Children shall not be permitted to mistreat animals. Animals shall not be permitted to eat in kitchen or eat from dishes in which food is prepared, served, stored or from which it is eaten. 6. An evacuation plan shall be posted in a conspicuous place. D. School and Recreation 1. Regular school attendance is required for each child according to school attendance laws. A suitable, quiet, well-lighted place for study shall be provided together with necessary books, papers, pencils and other equipment which is reasonably required by school-age children. 2. Outdoor and indoor recreational equipment and materials shall be provided in sufficient variety and quantity to offer some choice of activities. Games, toys, equipment and arts and craft materials shall be selected according to age, number of children, and with consideration of the needs of children to engage in both active and quiet play. All equipment and materials shall be of quality to assure safety, and shall be of a type which allows for imaginative play and creativeness.
7.709.26 Required Records [Rev. eff. 11/1/08]
There shall be a personnel file maintained for each parent or personnel by the facility or the agency. The file shall include identifying information, references, statement from physician or qualified nurse practitioner, name and telephone number of person to contact in emergency, and verification of education and experience. The personnel file for the primary caregiver shall include a statement from a psychiatrist, a certified psychologist or a Licensed Social Worker II. The personnel records shall be maintained pursuant to the personnel policy and procedures. If personnel records are at the agency office, there shall be maintained at the facility the address, local phone number and name, address, and phone number of persons to call in an emergency.
7.709.27 Special Rules for Emergency Placement and Care of Children [Rev. eff. 11/1/08]
A. Emergency placement indicates that due to circumstances beyond the agency's control a child needs placement, yet pre-placement admission requirements have not been completed. The acceptance of a child in such an emergency status shall only be done if it is a part of the admission policy and procedures of the facility. B. During placement at the facility as much evaluation of the child shall be completed as possible and as is necessary for future planning for the child. As much data as possible shall be collected pursuant to the admission record. C. A specialized group facility which accepts only children by emergency admission shall have on duty one child care personnel for each six children or fraction thereof at the facility during the daytime and swing shift. One child care staff member will be sufficient during sleeping hours. D. Information gathered at the time of emergency placement and during placement shall become part of the child's file. The file shall also include the date the child was discharged from the facility, to whom the child was released, and a description of the physical condition of the child at the time of discharge. E. A specialized group facility operating as a shelter care facility or which accepts only children by emergency admission shall make every effort to assure that emergency placements do not exceed sixty days. Exceptional circumstances must be documented in the case file for any placement lasting over 60 days. Reimbursement at the shelter care rate shall not exceed 90 days.
7.710 RULES AND REGULATIONS FOR CHILD PLACEMENT AGENCIES [Rev. eff. 9/1/02]
All child placement agencies shall comply with the "General Rules for Child Care Facilities", "Rules Regulating Family Foster Care Homes", and "Rules and Regulations for Child Placement Agencies".
7.710.1 DEFINITIONS [Rev. eff. 8/1/07]
A. A "child placement agency (CPA)" means any corporation, partnership, association, firm, agency, institution, or person unrelated to the child being placed, who places, facilitates placement for a fee, or arranges for placement for care, any child under the age of 18 years with any family, person, or institution for the purpose of adoption, treatment, or foster care. The natural parents or guardian of any child who places said child for care with any facility licensed as a "family care home" or "child care center," as defined by this section, shall not be deemed to be a CPA. 1. Any agency from out of state placing a child within Colorado must be licensed as a CPA by the Colorado Department of Human Services (the Department) unless the placement services are coordinated with and provided by a county department of social services or a CPA licensed by the State of Colorado. 2. A CPA may not be operated without a license, as required by law, which license is to be issued by the department in conformity with all rules and regulations contained within Section 7.710. B. "To arrange for placement" means to act as an intermediary by assisting a parent or guardian or legal custodian to place or plan to place a child with other than persons related to the child for the purpose of foster care or for the purpose of adoption. C. A "multi-service agency" is an organization that provides additional community services and programs other than foster care and adoption. D. A "program director in a multi-service agency" is the person responsible for overseeing the foster care and/or adoption program of the organization. E. "Relative", except as used in the definition of foster care home, means any of the following relationships by blood, marriage, or adoption: parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin. F. "Social and behavioral scienes" includes sociology, psychology, social work, criminal justice, human services, human development,and counseling. G. “Certification” means the process by which the county department of social/human services or a child placement agency approves the operation of a foster care home. H. “Foster care home” means a facility that is certified by the county department or a child placement agency for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family care for a child under the age of eighteen years who is not related to the head of such home, except in the case of relative care. I. “Cradle care home” means a facility that is certified by a child placement agency for the care of a child, or children in the case of multiple-birth siblings, who is twelve months of age or younger, in a place of residence for the purpose of providing twenty-four hour family care for six months or less or children pursuant to Article 5 of Title 19, C.R.S., or while a county department prepares an expedited permanency plan for an infant in its custody. J. “Licensing” means the process by which the Colorado Department of Human Services approves a facility or agency for the purpose of conducting business as a child care facility or child placement agency. K. “Salaried foster parent" means a person who is employed by a child placement agency for the purposes of the demonstration pilot program authorized pursuant to Section 26-6-104(1)(d)(IV), C.R.S., who is employed for the sole purpose of providing foster care and who serves in no other capacity for the child placement agency.
7.710.11 Statement of Policy and Purpose [Rev. eff. 11/1/98]
It is the policy of the Department to ensure that agencies which engage in the business of placing children in homes or institutions shall have as their primary objective and concern the health and well-being of such children. It is also the obligation of the Department to prescribe standards designed to protect the legal rights of the child in placement.
In adoptive placement, the policy of the department is to protect the rights of child, birth parents, and adoptive parents and to insure that any adoptive placement is in the best interests of the child.
7.710.2 MINIMUM STANDARDS FOR OPERATION OF CHILD PLACEMENT AGENCIES
7.710.21 Governing Body [Rev. eff. 3/1/04]
A. The governing body shall be the corporation, partnership, association, firm, agency, institution or person in whom the ultimate authority and legal responsibility is vested for the conduct of the CPA. B. The governing body shall be identified by its legal name. If the governing body has a board of directors, the names of the officers of the board shall be transmitted to the department. C. The governing body of the CPA shall: 1. Maintain the written purpose and policies for the general operation and management of the agency. When such purpose and policies are reviewed and revised, the department shall be advised of such changes. The purpose and policies as a minimum shall include: a. Statement of purpose of the CPA as to what type of placement of children in which the agency intends to engage, the geographic area the agency expects to serve, the ages of children to be placed, and any other specific factors regarding the children to be placed or the homes in which the children shall be placed. b. Personnel policy. c. Foster care policy. d. Adoption policy which includes types of adoption in which the agency will participate and policy and procedure for each adoption program. e. Fee policy. 2. Be responsible for the protection of the legal rights of children served by the CPA. 3. Be responsible for approval of budget, obtaining funds and dispersal of funds. 4. Appoint an executive director who meets requirements of Section 7.710.23 and be assured that staff members responsible for placement of children and/or certification of foster homes meet the requirements as stated in Section 7.710.23. The department shall be informed in writing when there is a change in the executive director of the CPA. 5. Inform the department in writing of each agency office or change of agency office in which child placement is carried out at that location. The CPA shall inform the State Department in writing of the hours of operation that each CPA office is open each week and available for inspection of CPA records. 6. Inform the department in writing of any legal action brought against the CPA which affects any child or children in care, personnel or conduct of the CPA. D. The governing body shall be responsible for completing the licensing renewal requirements by: 1. Completing and submitting the license renewal application at least 90 calendar days prior to the annual expiration date of the child placement agency license; and, 2. Completing, signing, and submitting the required verification of compliance form; and, 3. Paying the prescribed fee pursuant to Section 7.701.4; and, 4. Cooperating with on-site monitoring visit(s) to assess the agency's compliance with the rules for child placement agencies.
7.710.22 Financial Operation [Rev. eff. 12/1/04]
A. Each CPA shall develop an annual budget reflecting anticipated income by source and expenses by purpose, plus an accompanying balance sheet, which demonstrates that the CPA has assured resources to carry out its defined purpose. The first year's budget shall be submitted with the original license application. B. The purpose of these requiremnts is to provide assurance the CPA has adequate accounting and budgeting information available to allow management to maintain a financially viable enterprise and to demonstrate financial accountability to the County and State Departments of Human Services for the use of public funds. Each CPA must have a double entry accounting system and all financial transactions must be posted to this system. Financial statements, prepared from information provided by this system, shall be presented in conformity with U.S. Generally Accepted Accounting Principles (GAAP). Books and records of the CPA shall be subject, at any time the CPA office is open, to inspection, audit or copying by appropriate Federal, State or county personnel, or such independent auditors or accountants as may be designated by these personnel. C. Annual Audits Each CPA whose total annual foster care or adoption expenditures are $100,000 or more shall provide for an annual audit by an independent Certified Public Accountant in accordance with appropriate generally accepted auditing standards. CPAs with less than $100,000 total annual expenditure may submit an audit as described above or may submit compiled or reviewed financial statements, prepared in accordance with generally accepted accounting principles. 1. Every CPA shall submit supplementary information as prescribed by the state on the required supplementary information form and the administrative expenses for foster care as defined by the State Department. 2. The supplementary information submitted shall contain an affidavit signed by the CPA's Executive Director and an officer of its board attesting to the authenticity of the information. Submission of falsified information shall be grounds for suspension of the CPA license. 3. The audit and supplementary information shall be submitted to the Department within 6 months of the CPA's fiscal year end. 4. CPAs that are a subsidiary of a parent organization must submit separate audited financial statements for the subsidiary that detail each of the CPA's facilities and/or programs that provide services for the State or county department. 5. If a CPA does not submit its annual audit or refuses to disclose financial information regarding the operation of the program in a timely manner, the State may send notice to withhold payment until the audit and/or requested information is submitted. 6. Upon receipt of adequate written notice that a county department or the State Department plans to recover or withhold unallowable or misused funds from a CPA, a CPA may file a written request for review of the decision with the State Department. a. The written request for review must be submitted within 30 calendar days of the receipt of the notice to recover or withhold the misused funds. b. The State Department shall convene a review committee to review the written request from the CPA. The committee shall consist of three members representing: 1) the State Department's Child Care Division; and, 2) the State Department's Child Welfare Division; and, 3) an independent representative of an auditor from another State department or a certified independent accountant referred from the Colorado Society of Certified Public Accountants. c. The State Department reserves the right to receive legal consultation regarding the written request for review. d. The review committee shall review all relevant information and make a decision within 60 calendar days of the receipt of the request. e. The review committee shall send its findings to the Executive Director of the State Department or his/her designee, who shall make the final agency decision for the State Department. D. Allowable Expenditures 1. A Child Placement Agency expenditure shall be allowable if it meets all of the following criteria: a. Reasonable The expenditure is reasonable in nature or amount and does not exceed the cost that would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. b. Ordinary and Necessary The expenditure is of a type generally recognized as ordinary and necessary for the operation of a CPA or the performance of a contract for CPA services. c. Prudent The individuals concerned acted with prudence in the particular circumstances, considering their responsibilities to the CPA, its employees, clients, foster families, foster children, the public at large, the State and the CPA's responsibilities pursuant to the contract for services, and must not be contrary to Federal or State law. d. Documented An expenditure must be adequately documented. e. Made in Accordance with GAAP An expenditure must be recorded in accordance with generally accepted accounting principles (GAAP). 2. Generally Allowable Expenditures The following list of expenditures shall be a general list of expenditures that would be permissible for CPAs to incur in order to further the goals and objectives of their agencies. This list includes, but is not limited to, the categories described below, and shall be used as a reference for guiding the expenditure of CPA funds. When a specific expenditure is not listed in the table below, yet management deems it to be in the best interests of the CPA to make the expenditure of the funds, then the criteria in the table above for an allowable expenditure shall be followed. Every attempt shall be made by the CPA to document the purpose of the expenditure so that a "reasonable person" test can be made in the event the expenditure is audited. Each CPA shall allocate expenditures in accordance with its internal policies. a. Salaries and Wages, and related benefits, employment taxes, unemployment taxes, worker's compensation taxes, retirement benefits, and insurance benefits. b. Retention and recruitment of staff, contractors, foster care parents, and volunteers, including advertising, background checks and other evaluations, recruiting, relocation, recognition, and food bank administrative expenses. c. Foster care, including provider reimbursement, respite for foster parents, child enrichment, clothing , health services, therapy, transportation, and other supportive services. d. Professional fees, including audit and accounting fees, consulting, legal fees, and other professional fees. These fees must be consistent with what the market would pay if paid to a related party. e. Contracted services, including contract labor, human resource services, payroll services, and temporary employment agencies. f. Occupancy expenditures, including office rent comparable to given market rates, meeting room rental, electricity and gas, water and sewer, janitorial service, property repair and maintenance, storage unit rent, and waste removal. If the CPA owns the building, then reasonable depreciation shall be allowed based on the estimated useful life of the building. g. Depreciation and amortization, based on estimated useful life of the asset, and prorated if the CPA only uses a portion of that asset. h. Child care during client meetings, support groups, or training functions. i. Training for staff, foster parents, and volunteers, including honorariums and conference registration fees. j. Travel and transportation provided that there is some contemporaneous record to support the expense, including airfare, fuel, lodging, meals, mileage, parking, per diem, travel incidentals, vehicle rental, and vehicle repair and maintenance. k. Telephone, including cellular and paging, data communication services, and telephone services. l. Postage and shipping. m. Office services, including coffee, tea, and water. n. Printing and supply expenditures, including computer and office supplies, printing, and program supplies. o. Dues, memberships, licenses, and subscriptions, including accreditation fees, dues and memberships, licenses and fees, and subscriptions and publications. p. Insurance, including automobile, directors and officers, volunteer, general and professional liability commercial packages, and umbrella. q. Marketing and promotion, including advertising, booths and fairs, graphics and editorial, and printed material/mailing house. E. Unallowable Expenditures A CPA expenditure shall be unallowable if it does not meet the criteria specified under the definition of an allowable expenditure as referenced in Section 7.710.22, D. F. Remedies Remedy for unallowable expenditures may include any or all of the following solutions: 1. Repayment to the State and/or Counties of identified unallowable expenditures. 2. Reclassification of the accounting entry to record the expenditure correctly, if the transaction can be appropriately reallocated to another cost center of the CPA, or affiliated agency, parent company, etc. 3. "Negative licensing action" which could result in the denial, suspension, or revocation of a license issued, pursuant to the Child Care Licensing Act or the demotion of such a license to a probationary license. 4. Any other appropriate remedy based upon the facts and circumstances of the unallowable expenditure. G. Intentional Mis-Use of Funds Intentional mis-use of funds implies that the individual(s) making the expenditure decision had deliberate, willful, and intentional disregard for the fiduciary responsibility for how public funds are to be used for purposes of placing children in foster care or adoptive homes, or arranging for the placement of children in foster care or adoptive homes, considering their responsibilities to the CPA, its employees, clients, foster families, foster children, the public at large, the State and the CPA'S responsibilities pursuant to the contact for services. These rules do not preclude the State and/or county department(s) from pursuing other remedies available at law; for example: 1. Referral for prosecution; or, 2. referral to the Internal Revenue Service for issues that violate Internal Revenue codes; or, 3. Repayment to the State and/or counties of identified unallowable expenditures; or, 4. "Negative licensing action" which could result in the denial, suspension, or revocation of a license issued, pursuant to the Child Care Licensing Act, or the demotion of such a license to a probationary license.
7.710.23 Personnel Requirements [Rev. eff. 9/1/02]
A. Each CPA shall have staff members in sufficient number to meet the needs of individuals served. Such staff members shall meet the following requirements: 1. The executive director or in a multi-service agency, the program director, shall possess a knowledge of the type of child welfare services in which the CPA engages and shall be able to demonstrate administrative skill and leadership qualities. Any executive director hired after the promulgation of these rules must have graduated with a Bachelor's degree from an accredited college or university with a minimum of thirty semester credits or equivalent quarter credits in the social or behavioral sciences, shall have at least five years' full time or equivalent part time work experience in an administrative capacity, at least two of which included staff supervision and budget or fiscal management; or must have graduated with a Master's degree or greater from an accredited college or university with a minimum of thirty semester credits or equivalent quarter credits in the social or behavioral sciences, and have two years full time or equivalent part time work experience in an adminsitrative capacity, all of which must have included staff supervision and budget or fiscal management. Administrative capacity includes, but is not limited to, policy and procedure development and implementation, strategic planning, budget responsibility, fiscal management, quality assurance, networking, human resources management, program development and oversight, and business management. The executive director must have at least nine (9) semester hours or equivalent quarter hours in business or finance classes; or 18 months previous work experience, including budget responsibility and fiscal management. The State Department must receive at least three written statements from individuals unrelated to the applicant, at least one of whom has been the employer or supervisor of the applicant, which describes the executive director's character, reliability, knowledge of child welfare services and ability to perform the tasks of the executive director as outlined in the duties of the executive director at Section 7.710.26, A. If the executive director or in a multi-service agency, the program director, is also to have responsibility for placement supervision, she/he shall also meet the requirements for placement supervisor as set forth in Section 7.710.23, A, 2. 2. Placement supervisors shall have a master of social work degree or a master's degree in the social or behavioral sciences. If the placement supervisor has a Master of Social Work degree, the placement supervisor must have a minimum of two years (3640 hours) full-time or equivalent part-time experience in social work, some of which must have included child placement. If the placement supervisor is not qualified by a Master of Social Work degree, the individual must have a minimum of two years (3640 hours)full-time or equivalent part-time experience in child placement. The two years experience in child placement shall have been supervised by a person holding a Master of Social Work degree, a licensed professional counselor, a licensed marriage and family therapist, a licensed clinical social worker, or licensed psychologist. The agency shall obtain at least three written statements from individuals unrelated to the applicant, one of whom has been the employer or supervisor of the applicant, which describes the character, reliability, knowledge of child welfare services and the ability to perform the tasks of the placement supervisor as outlined in the duties for that position at Section 7.710.26, B. 3. If additional placement workers are necessary to fulfill the placement responsibilities of the agency, such workers, if not qualified as the placement supervisor, as a minimum shall be supervised by a qualified placement supervisor and hold a Bachelor degree in the social or behavioral sciences. If an individual has a Bachelor's degree in a non-related field, he/she shall have at least two years experience supervised by an individual with a Master of Social Work or other Master's degree in the social or behavioral sciences. B. There shall be sufficient clerical staff to comply with record keeping, bookkeeping and reporting requirements as necessary. C. Paraprofessionals or trainees may assist qualified placement workers, but may not assume primary responsibility. Qualifications shall be stated by the CPA.
7.710.24 Personnel Policy [Rev. eff. 11/1/98]
A statement of personnel policy shall be made available to each employee or qualified applicant. This statement shall, as a minimum, contain the following information: a job description which outlines the duties, responsibilities, qualifications and educational requirements for the position of the placement supervisor and/or placement worker.
7.710.25 Personnel File [Rev. eff. 9/1/02]
A. A personnel file with official transcripts from the college or university shall be maintained for the executive director, the placement supervisor(s) and placement worker(s) and shall be available to authorized representatives of the Department. B. Each file shall include: 1. Employment application showing qualifications and experience. 2. Statements obtained from previous employers and personal references. 3. Dates that statements were obtained from previous employers and personal references. 4. Reports of job performance. 5. Medical reports as required in CPA employment practice.
7.710.26 Duties of the Placement Supervisor [Rev. eff. 9/1/02]
A. The responsibilities of the executive director are: human resources management, policy and procedures development and implementation, accountability for being in compliance with regulations, fiduciary requirements, quality assurance, regulatory compliance and accountability, overall professionalism of the agency, and responsibility for the daily operation of the agency. In a multi-service agency, the program director may have responsibility for administering the adoption and/or foster care unit and may not be responsible for the budget and accounting duties. B. The placement supervisor shall be responsible for the certification of foster care homes and the placement of children in foster care homes and/or the study of adoptive families, study of the child for adoption, and the placement of children in homes for adoption. The placement supervisor shall be responsible for the coordination of medical services for the children placed in the care of any facility certified or sponsored by the CPA. C. The placement worker is responsible for the monitoring and protection of children, provides case management for individual children, coordinates services for child(ren) and their family and with Department of Human Services, provides monitoring and support to foster homes, may conduct home studies to assess the ability of foster homes to meet children's needs, all under the direct supervision of the placement supervisor. D. Paraprofessionals/trainees may complete home assessments of the physical environment for foster homes for compliance with regulations; act as a liaison with courts, schools, foster parents and all peripheral parties under the direct supervision of a placement supervisor or placement worker.
7.710.3 CERTIFICATION OF FOSTER CARE HOMES
7.710.31 Legal Base [Rev. eff. 9/1/02]
A. Licensed Child Placement Agencies are authorized in Section 26-6-102, Colorado Revised Statutes, to certify foster care homes. B. A foster care home certified by a CPA may not accept placements from any source other than the certifying CPA as to each such child, unless the certifying CPA gives written consent and approval for the placement.
7.710.32 Minimum Regulations [Rev. eff. 4/1/08]
A. Operation 1. The regulations for operation of a foster care home shall be met before a CPA certificate for such a facility can be issued. 2. The CPA shall audit the foster care home files on an annual basis to verify that all required information is present in the file. The CPA shall attest in writing that the required information is present. 3. The CPA shall notify the Colorado Department of Human Services in writing within three (3) business days of the closure of a foster home because of receipt, either verbally or in writing, of a confirmed report of child abuse or neglect. 4. The CPA shall notify the State Department in writing within three (3) business days when a determination is made by the CPA to continue to certify a foster care home that the CPA has received notice, either verbally or in writing, of a confirmed report for medium to severe abuse or neglect. The written notice shall include the justification for continuing to certify the foster care home. B. Certification The law states that certificates issued by placement agencies are considered licenses; the regulations which are established by the Department for foster care homes are therefore applicable to any such facility being certified by a licensed CPA. Copies of these rules shall be made available to each applicant for certification and to each foster care home. C. Conflict of Interest 1. Staff members or members of the governig board or relatives of staff members or relatives of any officer, executive or member of the governing board of a CPA shall not be certified by the CPA to operate a foster care home, except for a person who is employed for the sole purpose of providing foster care and who serves in no other capacity for the agency. 2. No owner, officer, executive member of the governing board, or employee of a CPA or any relative of said owner, officer, executive, member or employee shall hold a beneficial interest in any property operated or intended to be operated as a foster care home when the property is certified by the CPA as a foster care home.
7.710.33 Application and Inspection for Certification of Foster Care Homes [Rev. eff. 9/1/07]
A. Any application accepted by the CPA from an individual(s) or couple who wishes to be certified to operate a foster care home shall be on the department approved form and shall include: 1. The names and addresses of child placement agencies and county departments of social services that had previously certified the applicant. Information as to whether the applicant has been licensed or certified for child care in the past or is licensed or certified for child care at the time of the application, what agency issued the certificate or license, and the type of child care the license or certificate authorizes. 2. Information about an applicant or individual living in the proposed foster care home who has been convicted of a felony or charged or convicted of child abuse or an unlawful sexual offense. 3. Information about whether the applicant is currently licensed by the State Department to provide day care. 4. Include a statement on the application for certification as a foster care home that states: "Any applicant who knowingly or willfully makes a false statement of any material fact or thing in this application is guilty of perjury in the second degree as defined in Section 18-8-503, C.R.S., and, upon conviction thereof, shall be punished accordingly." B. No application shall be accepted