Tracking # 2010-01194
FA/P 2/4/10, eff. 4/1/10

I:/10092301.rtf 
[I:/10092301.doc] 

(12 CCR 2509-1)

[Instructions:  insert before line 1585539.] 
Revisions to Sections 7.701.11, 7.701.2 through 7.701.22, 7.701.33, and 7.701.4, and addition of Sections 7.720 through 7.720.84 were final adoption following publication at the 2/4/2011 State Board meeting (Rule-making# 10-9-23-1), with an effective date of 4/1/2011. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration.

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(12 CCR 2509-8)

[Instructions:  insert before line 1130086.] 
7.700  CHILD CARE FACILITY LICENSING 

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[Instructions:  replace lines 1191224 through 1191234.] 
7.701.11  Licensing Exemptions [Rev.  eff. 4/1/11]
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 at such location, 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. 
9.  Neighborhood Youth Organizations as defined at Sections 26-6-102(5.8) and 26-6-103.7, C.R.S. 

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[Instructions:  replace lines 1130124 through 1379409.] 
7.701.2  DEFINITIONS [Rev. eff. 4/1/11]
A.  Types of Homes
1.  Family Child Care Home 
“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. 
2.  Foster Care Home 
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. 
B.  Specialized Group Facility
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 administrator. 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 paced 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   Eff  08/01/2007
CHRP	Non-CHRP	Total Children	
1	8	9	
2	5	7	

SPECIALIZED GROUP CENTER MAXIMUM CAPACITY   Eff  08/01/2007
CHRP	Non-CHRP	Total Children	
3	3	6	

1.  “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). 
2.  "Specialized 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. 
3.  A “Specialized Group Home” is located in a house owned or otherwise controlled by the group home parents who are primary responsible for the care of the children and reside at the home. 
4.  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. 
C.  Child Care Center
“Childcare 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: 
1.  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. 
2.  A “small child care center” provides care for five (5) through fifteen (15) children between two (2) and sixteen (16) years of age. 
3.  An “infant nursery” provides care for children between six (6) weeks and eighteen (18) months of age. 
4.  A “toddler nursery” provides care for children between the ages of twelve (12) months (when walking independently) and thirty-six (36) months of age. 
5.  “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. 
6.  “Kindergarten” provides a program for children the year before they enter the first grade. 
7.  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 centers 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. 
a.  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. 
b.  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. 
c.  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. 
D.  Children's Resident Camp
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. 
1.  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. 
2.  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. 
E.  Day Treatment Center 
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. 
F.  Child Placement Agency 
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 any child under the age of eighteen (18) years with any family, person or institution for purposes of foster care, treatment and/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. 
G.  Residential Child Care Facility 
1.  “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". 
2.  "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. 
H.  Secure Residential Treatment Center 
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 or 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. 
I.  Neighborhood Youth Organization
A “Neighborhood Youth Organization”, defined at Section 26-6-102(5.8), C.R.S., means a nonprofit organization that is designed to serve youth as young as six years of age and as old as eighteen years of age and that operates primarily during times of the day when school is not in session and provides research-based, age-appropriate, and character-building activities designed exclusively for the development of youth from six to eighteen years of age. These activities shall occur primarily in a facility leased or owned by the Neighborhood Youth Organization. The activities shall occur in an environment in which youth have written parental or legal guardian consent to become a youth member of the neighborhood youth organization and to arrive at and depart from the primary location of the activity on their own accord, without supervision by a parent, legal guardian, or organization. 
A Neighborhood Youth Organization shall not include faith-based centers, organizations or programs operated by state or city parks or special districts, or departments or facilities that are currently licensed as child care centers as defined in Section 26-6-102(1.5), C.R.S. 
J.  Other Definitions 
1.  “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, or 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. 
2.  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. 
3.  "Citizen/legal resident" means a citizen of the United States, current legal resident of the United States, or lawfully present in the United States. 
4.  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. 
5.  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. 
6.  “Department” is the Colorado Department of Human Services. 
7.  “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. 
8.  “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. 
9.  “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. 
10.  “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. 
11.  “Negative licensing action” means a Final Agency Action resulting in the denial, suspension, or revocation of a license issued pursuant the Child Care Licensing Act or the demotion of such a license to a probationary license. 
12.  “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. 

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[Instructions:  replace lines 2124148 through 2124155.] 
7.701.33  Criminal Record Check [Rev. eff. 4/1/11]
A.  Requirements for criminal records checks are:
1.  Each applicant listed below shall 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.
a.  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 center, facility or agency;
b.  Each exempt family child care home provider who provides care for a child and an individual who provides care for a child who is related to the individual (referred collectively in this section as a “qualified provider” ), if the child’s care is funded in whole or in part with money received on the child’s behalf from the publicly funded Colorado Child Care Assistance Program; and, any adult eighteen (18) years of age or older who resides with a qualified provider where the care is provided.
2.  Each applicant listed below shall 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.
a.  Applicants for an original certificate for a foster care home, and any adult eighteen (18) years of age or older who resides in the certified foster care home. If the certified foster home has not competed 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.  Specialized group home parents and any person working in a twenty-four (24) hour child care facility shall 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. On or before January 1, 2011 and thereafter, programs shall document in employee files that submission for such request has been completed. 
3.  Each applicant for an original license for a Neighborhood Youth Organization shall complete a criminal background check and shall require all employees and volunteers who work directly with or will work directly with youth members five or more days in a calendar month to obtain, prior to employment and every two years thereafter, one of the following: 
a.  A fingerprint-based criminal history check through the Colorado Bureau of Investigation and request the State Department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history; or, 
b.  A Federal Bureau of Investigation fingerprint-based criminal history check through the Colorado Bureau of Investigation if the employee, volunteer, or applicant has resided in the State of Colorado less than two years. The Neighborhood Youth Organization shall request the State Department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or a felony involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history; or, 
c.  A comparison search by the State Department on the ICON system of the State Judicial Department or a comparison search on any other database that is recognized on a statewide basis by using the name, date of birth, and Social Security Number information and any other available source of criminal history information that the State Department determines is appropriate to determine whether the employee or volunteer has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or a felony involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history; or, 
d.  A separate background check by a private entity regulated as a consumer reporting agency pursuant to 15 U.S.C. Sec.1681 et seq., that shall disclose, at a minimum, sexual offenders and felony convictions and include a Social Security Number trace, a national criminal file check, and a state or county criminal file search.  The separate background check shall ascertain whether the person being investigated has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or a felony involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history. 

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[Instructions:  replace lines 1502610 through 1219128.] 
7.701.4  FEES [Rev. eff. 4/1/11]
A.  The appropriate application fee outlined in 7.701.4, C, must be submitted to the department with the application for a child care, agency or Neighborhood Youth Organization license at least sixty (60) calendar days prior to the opening date of the facility or the expiration date of the provisional or probationary license. Neighborhood Youth Organizations shall be exempt from this sixty day requirement for the first twelve (12) months following original promulgation of the Neighborhood Youth Organization rules. 
B.  The appropriate application fee outlined in 7.701.4, C, must be submitted to the department annually, at least sixty (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, and Neighborhood Youth Organizations: 

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	

   Eff  09/01/2008
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.	

   Eff  09/01/2008
Homeless Youth Shelter   Original/Continuation	$330	

Neighborhood Youth Organization  
Original Application/ Continuation	$77	

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. 	

   Eff  09/01/2008
Secure Residential Treatment Center   Original/Continuation	$924	

   Eff  09/01/2008
Changes to Licenses   (Capacity and/or Number of Children)	$44	
Duplicate Licenses	$33	

   Eff  09/01/2008
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:   Eff  03/02/2007

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 Complete 100 or More Intercountry Adoptions in a Calendar Year	$4,000	
-	-	
Original Application for Full Accreditation for Agencies that Complete 50-99 Intercountry Adoptions in a Calendar Year	$3,000	
-	-	
Original Application for Full Accreditation for Agencies that Complete 49 or Fewer Intercountry Adoptions in a Calendar Year	$2,000	
Annual Fee for Agencies with Full Accreditation	$2,000	
-	-	
Original Application for Full Accreditation – Agencies with Colorado and Out-of-State Offices – Additional Fee	$2,000	
Original Application for Temporary Accreditation – Agencies with Colorado and Out-of-State Offices – Additional Fee	$  500	

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.   Eff  03/02/2007
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.   Eff  03/02/2007

CCCAP - Exempt Family Child Care Homes	
Administration Fee for SFY 2007 Initial Fingerprint Packet	$ 8.00	
Administration Fee for Subsequent Year Initial Fingerprint Packet	$10.00	

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[Instructions:  add the following new rule sections after line 1311592.] 
7.720  RULES REGULATING NEIGHBORHOOD YOUTH ORGANIZATIONS [Eff. 4/1/11]
All Neighborhood Youth Organizations shall comply with the “General Rules for Child Care Facilities. 
7.720.1  DEFINITIONS [Eff. 4/1/11]
“Employee" means a paid employee of a neighborhood youth organization who is of eighteen years of age or older. 
"Neighborhood Youth Organization" means a nonprofit organization that is designed to serve youth as young as six years of age and as old as eighteen years of age and that operates primarily during times of the day when school is not in session and provides research-based, age-appropriate, and character-building activities designed exclusively for the development of youth from six to eighteen years of age. 
A.  These activities shall occur primarily in a facility leased or owned by the neighborhood youth organization. The activities shall occur in an environment in which youth have written parental or legal guardian consent to become a youth member of the Neighborhood Youth Organization and to arrive at and depart from the primary location of the activity on their own accord, without supervision by a parent, legal guardian, or organization. 
B.  A Neighborhood Youth Organization shall not include faith-based centers, organizations or programs operated by state or city parks or special districts, or departments or facilities that are currently licensed as child care centers as defined in Section 7.702, et seq. (12 CCR 2509-8). 
"Volunteer" means a person who volunteers his or her assistance to a neighborhood youth organization and who is eighteen years of age or older. 
"Youth member" means a youth who is six years of age through eighteen years of age whose parent or legal guardian has provided written consent for the youth to participate in the activities of a Neighborhood Youth Organization and who pays a nominal fee for said membership. 
7.720.2  OPERATION OF A NEIGHBORHOOD YOUTH ORGANIZATION [Eff. 4/1/11]
A.  The Neighborhood Youth Organization 's shall post its policies and procedures in bold print and in plain view, and shall make a written copy available to parents and guardians, which shall include the following: 
1.  The address of the licensed Neighborhood Youth Organization, general hours of operation, and policy regarding closure of the Neighborhood Youth Organization. 
2.  The Neighborhood Youth Organization's mission statement. 
3.  The ages of youth accepted. 
4.  The procedure concerning membership requirements that at a minimum include: name, date of birth, parent/guardian contact information, emergency contact information, and written authorization to attend. 
5.  The procedures for: 
a.  Arrival and departure from the Neighborhood Youth Organization; 
b.  Notification of parents and guardians, for handling emergencies; 
c.  Youth's personal belongings and money; 
d.  Filing a complaint against the Neighborhood Youth Organization; and, 
e.  Background checks and other criminal history checks of employees and volunteers. 
6.  The policies on: 
a.  Guidance; 
b.  Visitors; 
c.  Meals and snacks; 
d.  The reporting of child abuse (see Section 7.701.53 of the General Rules for Child Care Facilities). 
7.  If services are offered for special needs youth that the Neighborhood Youth Organization operates in compliance with Section 7.701.14, Civil Rights. 
8.  An itemized fee schedule. 
9.  The role of the governing board. 
B.  The fee for obtaining a Neighborhood Youth Organization License is located in the General Rules at Section 7.701.4. 
7.720.3  COMMUNICATION, EMERGENCY AND SECURITY PROCEDURES [Eff. 4/1/11]
Each Neighborhood Youth Organization is required to have a written mission statement. This statement shall be kept on file, updated periodically, and made known to staff and to parents and guardians, and shall be available during the licensing inspection. 
A.  During the hours the Neighborhood Youth Organization is in operation, the Neighborhood Youth Organization shall provide an office and/or monitored telephone number known to the public and available to parents in order to provide immediate access to the Neighborhood Youth Organization. 
B.  There shall be a land line telephone at the primary facility. 
C.  The Neighborhood Youth Organization shall have an established means of communication between staff and the program office when youth are being transported or are away from the permanent site on a field trip. 
D.  Emergency telephone numbers shall be posted at each permanent site and taken on all field trips and during mobile Neighborhood Youth Organization programs. The emergency numbers shall include, at a minimum, emergency 911, or rescue unit telephone number if 911 is not available; phone numbers are also required for the clinic or hospital nearest to the activity location; ambulance service; local fire, police, and health departments; and, Rocky Mountain Poison Control. 
E.  The Neighborhood Youth Organization shall have a written emergency procedure that explains at a minimum, how youth will be evacuated to a safe area in case of fire or other disaster and the reporting of reportable communicable illnesses to the local health department pursuant to regulations of the Colorado Department of Public Health and Environment. 
F.  The Neighborhood Youth Organization shall be able to provide emergency transportation to a health care facility at all times either via program vehicle or the emergency medical services system. 
G.  The director of the Neighborhood Youth Organization or the director's delegated substitute shall have a means for determining at all times who is present at the Neighborhood Youth Organization. 
H.  A written policy regarding visitors to the Neighborhood Youth Organization shall be posted and a record maintained daily by the Neighborhood Youth Organization that includes, at a minimum,  the visitor's name and address and the purpose of the visit. 
7.720.4  PERSONNEL POLICIES, ORIENTATION, AND STAFF DEVELOPMENT [Eff. 4/1/11]
The duties and responsibilities of each staff position and the lines of authority and responsibility within the Neighborhood Youth Organization shall be in writing. 
A.  At the time of employment, staff members shall be informed of their duties and assigned a supervisor. 
B.  Prior to working with youth, the staff member shall read and be instructed about the policies and procedures of the Neighborhood Youth Organization, including those relating to proper supervision of youth and reporting of child abuse. Staff members shall sign a statement indicating that they have read and understand the Neighborhood Youth Organization 's policies and procedures. 
C.  All full time staff shall be required to receive CPR and First Aid certification within the first sixty (60) calendar days of employment at their own expense or as arranged by the Neighborhood Youth Organization. 
D.  All staff shall complete training in universal precautions within the first three (3) months of employment at their own expense or as arranged by the Neighborhood Youth Organization. 
7.720.41  General Requirements for All Personnel [Eff. 4/1/11]
A.  All personnel of the Neighborhood Youth Organization shall demonstrate an interest in and knowledge of youth development and concern for youths’ well-being. 
B.  All personnel shall be free from communicable disease and conduct that would endanger the health, safety, or well-being of youth. Each staff member shall furnish the Neighborhood Youth Organization with information concerning communicable health problems that could affect the staff member's ability to perform the duties of the job assigned. 
C.  A criminal record check request for all staff shall be completed and on file at the Neighborhood Youth Organization's administrative headquarters. 
D.  Each adult staff member shall furnish the Neighborhood Youth Organization with permission to administer a background check upon employment and every two years thereafter. Such check shall contain one of the following: 
1.  A fingerprint-based criminal history record check through the Colorado Bureau of Investigation and request that the State Department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or, a felony offense involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history; or, 
2.  A Federal Bureau of Investigation fingerprint-based criminal history record check through the Colorado Bureau of Investigation if the employee, volunteer, or applicant has resided in the state of Colorado less than two years. The Neighborhood Youth Organization shall request the State Department to ascertain whether the person being investigated has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history; or, 
3.  A comparison search by the State Department on the ICON system of the state Judicial Department or comparison search on any other database that is recognized on a statewide basis by using the name, date of birth, and Social Security Number information and any other available source of criminal history information that the State Department determines is appropriate to determine whether the employee or volunteer has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history; or, 
4.  A separate background check by a private entity regulated as a consumer reporting agency that shall disclose, at a minimum, sexual offenders and felony convictions and include a Social Security Number trace, a national criminal file check, and a state or county criminal file search, pursuant to 15 U.S.C. 1681, et seq., incorporated herein by reference; no later editions or amendments are incorporated. A copy of the federal regulation may be viewed during normal working hours by contacting the Director of the Division of Child Care, Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203; or a state publications depository library. 
The separate background check shall ascertain whether the person being investigated has been convicted of felony child abuse as specified in Section 18-6-401, C.R.S., or a felony offense involving unlawful sexual behavior as defined in Section 16-22-102(9), C.R.S. The Neighborhood Youth Organization shall not hire a person as an employee or approve a person as a volunteer after confirmation of such a criminal history. 
E.  All Neighborhood Youth Organizations, in addition to completing one of the background checks listed above, shall check records and reports of child abuse and neglect through the State’s automated system. 
F.  The Neighborhood Youth Organization shall determine if any staff person who works at the Neighborhood Youth Organization has ever been convicted of a crime as listed at Section 7.701.33, D, 5 or 6, of the General Rules for Child Care Facilities. Section 7.701.33, D, 5 or 6, shall be referenced to determine whether the conviction requires that the individual not be employed or the conviction requires reporting to the Division of Child Care. 
7.720.42  Volunteers and Visitors [Eff. 4/1/11]
If volunteers are used by the Neighborhood Youth Organization, there shall be a clearly established policy in regard to their function, orientation, training and supervision. 
A.  Volunteers shall have qualifications suitable to the tasks assigned. 
B.  Individuals who volunteer less than five days a month shall be: 
1.  Directly supervised by a program director or program leader. 
2.  Given instruction as to the Neighborhood Youth Organization’s policies and procedures. 
C.  Individuals who volunteer more than five days a month shall be: 
1.  Appropriately trained for the position; and, 
2.  Have the same background check as staff pursuant to Section 7.720.41, D; and, 
3.  Section 7.701.33, D, 5 or 6, shall be referenced to determine whether a conviction requires that the individual not be allowed to volunteer or the conviction requires reporting to the Division of Child Care. 
D.  Visitors and youth members shall always be supervised by a staff member. 

7.720.5  NEIGHBORHOOD YOUTH ORGANIZATION SERVICES 
7.720.51  Admission Procedure [Eff. 4/1/11]
A.  Prior to admission, the parent(s)’ or legal guardian’s signed authorization for the youth member to arrive or depart without parental or legal guardian supervision shall be obtained. 
B.  The Neighborhood Youth Organization can accept youth only of the ages for which it has been licensed. At no time shall the number of youth in attendance exceed the number for which the Neighborhood Youth Organization has been certified by the fire department. 
C.  Admission and membership procedures shall be completed prior to the youth's attendance at the Neighborhood Youth Organization and shall include completion of the registration information for inclusion in the youth's record, as required in Section 7.720.81.
7.720.52  Guidance and Discipline [Eff. 4/1/11]
A.  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 guidance shall not be allowed. 
B.  Separation or time-out, when used as guidance or discipline, shall be brief and appropriate for the youth's age and circumstances. The youth shall be in a safe, lighted, well-ventilated area and be within hearing and vision of a staff member. The youth shall not be isolated in a locked room, bathroom, closet, or pantry. 
C.  Verbal abuse and derogatory remarks about the youth are not permitted. 
D.  Authority to provide guidance and/or discipline shall not be delegated to other youth. 
E.  Youth shall not be denied food or water as a form of guidance or discipline. 
7.720.53  Records and Reporting [Eff. 4/1/11]
Each Neighborhood Youth Organization shall develop: 
A.  A system of gathering, recording, and responding to complaints; and, 
B.  A method and a training for employees on reporting known or suspected child abuse; and, 
C.  A method of record keeping for staff, volunteer, visitor, youth member and other program files. 
7.720.54  Transportation [Eff. 4/1/11]
A.  Transportation Provided by the Neighborhood Youth Organization 
1.  The Neighborhood Youth Organization is responsible for any youth it transports and shall abide by applicable State and Federal motor vehicle laws. 
2.  The Neighborhood Youth Organization shall obtain written permission from parents or guardians for any transportation of their youth. 
3.  Youth shall not be permitted to ride in the front seat of a vehicle unless they are secured in a constraint system that conforms to all applicable Federal Motor Vehicle Safety Standards based on the youth’s weight and size. 
4.  Youth shall be loaded and unloaded out of the path of moving vehicles. 
5.  Youth shall remain seated while the vehicle is in motion. Youth shall not be permitted to stand or sit on the floor of a moving vehicle and their arms, legs, and heads shall remain inside the vehicle at all times. 
6.  Prior to a field trip or other excursion, the Neighborhood Youth Organization shall obtain information on liability insurance from parents and staff who transport youth in their own cars and verify that all drivers have valid driver's licenses. 
B.  Requirements for Vehicles 
1.  Any vehicle used for transporting youth to and from the Neighborhood Youth Organization or during program activities shall meet the following requirements: 
a.  The vehicle shall be enclosed and have working door locks. 
b.  The seats of the vehicle shall be constructed and installed according to the vehicle manufacturer's specifications. 
c.  The vehicle shall be kept in satisfactory condition to assure the safety of occupants. Vehicle tires, brakes, and lights shall meet safety standards set by the Colorado Department of Revenue, Motor Vehicle Division. 
d.  Seating shall be comfortable, with a seat of at least ten (10) inches wide for each youth. 
2.  In passenger vehicles, which include automobiles, station wagons and vans with a manufacturer's established capacity of sixteen (16) or fewer passengers and less than 10,000 pounds, the following is required: 
a.  Each youth shall be restrained in an individual seat belt. 
b.  Two or more youth shall never be restrained in one seat belt. 
c.  Lap belts shall be secured low and tight across the upper thighs and under the belly. 
d.  Youth shall be instructed and required to keep the seat belt properly fastened and adjusted. 
3.  In vehicles with a manufacturer's established capacity of sixteen (16) or more passengers, seat belts for passengers are not required, but shall be used if provided. 
4.  There shall be a First-Aid kit in all vehicles. 
C.  Requirements for Drivers of Vehicles 
1.  All drivers of vehicles transporting youth shall comply with applicable laws of the Colorado Department of Revenue, Motor Vehicle Division, and ordinances of the municipality in which the youth care program is operated. 
2.  All drivers of vehicles owned or leased by the Neighborhood Youth Organization in which youth are transported shall have a current Department-approved First Aid and safety certificate that includes CPR for all ages of youth. 
3.  The driver shall ensure that all doors are secured at all times when the vehicle is moving. 
4.  The driver shall periodically check that each youth is properly belted throughout the trip. 

7.720.6  PROGRAM ACTIVITIES 
7.720.61  Field Trips [Eff. 4/1/11]
A.  The program may include field trips, where youth and staff leave the Neighborhood Youth Organization to visit sites in the community. 
1.  Youth shall be actively supervised at all times. 
2.  An accurate itinerary shall remain at the headquarters, office, primary or temporary site of the Neighborhood Youth Organization. 
3.  During a field trip, the staff shall have the following information with them: 
a.  Each youth’s emergency contact information; and, 
b.  The written authorization from parent(s) or guardian(s) for emergency medical care. 
B.  During a field trip, a list of all youth and staff on the field trip shall be kept at the headquarters or site of the Neighborhood Youth Organization. 
C.  During all field trips, staff shall bring a First Aid kit. 
D.  During all field trips, youth members shall have access to water and toilet facilities. 
E.  During all field trips, staff shall carry with them information regarding the nearest health care facility. 
F.  Field trip locations shall be accessible to emergency medical service. 
7.720.7  BUILDING AND FACILITIES 
7.720.71  Facility Requirements [Eff. 4/1/11]
Each Neighborhood Youth Organization shall maintain and post the appropriate fire and health inspection certificates. 
7.720.72  Food [Eff. 4/1/11]
A.  Areas used for food preparation, dish and utensil washing, and storage shall be in compliance with the requirements of the Colorado Department of Public Health and Environment or its local unit. 
B.  Youth member dietary allergy information gathered during youth member admission shall be referenced when preparing food for any and all youth members. 
7.720.73  Fire and Other Safety Requirements [Eff. 4/1/11]
A.  General Requirements 
1.  Buildings shall be kept in good repair and maintained in a safe condition. 
2.  Major cleaning involving the use of household or industrial cleaners is prohibited in rooms presently occupied by youth. 
3.  Volatile substances such as gasoline, kerosene, fuel oil, and oil-based paints, firearms, explosives and other hazardous items shall be stored away from the area used for youth care and be inaccessible to youth. 
4.  Combustibles such as cleaning rags, mops, and cleaning compounds shall be stored in well-ventilated areas separated from flammable materials and stored in areas inaccessible to youth. 
5.  Closets, attic, basement, cellar, furnace room, and exit routes shall be kept free from accumulation of extraneous materials that could cause or fuel a fire or hinder an escape or evacuation. 
6.  Smoking is prohibited during business hours in all areas, including outside of the building within twenty-five (25) feet of any entryway. 
7.  All heating units, whether gas or electric, shall 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 may be used for heating purposes. All heating elements, including hot water pipes, shall be insulated or installed in such a way that youth cannot come into contact with them. Nothing flammable or combustible may be stored within three (3) feet of a hot water heater or furnace. 
8.  Indoor and outdoor equipment, materials, and furnishings shall be sturdy, safe and free of hazards. 
9.  Equipment, materials, and furnishings, including durable furniture such as tables and chairs, shall be stored in a manner that is safe for youth. 
10.  Extension cords cannot be used in place of permanent wiring. 
11.  Corridors, halls, stairs, and porches shall be adequately lighted. Operable battery-powered or solar lights shall be provided in locations readily accessible to staff in the event of electric power failure. 
B.  Fire Safety 
A fire safety certificate shall be on file for each Neighborhood Youth Organization or at a central location. 
C.  Emergency Drills 
1.  Each staff member and volunteer of the Neighborhood Youth Organization shall be trained in fire safety. 
2.  Fire exit drills shall 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 shall be consistent with local fire department procedures. A record of fire drills held over the past twelve (12) months, including date and time of drill, number of adults and youth participating, and the amount of time taken to evacuate, shall be maintained at the Neighborhood Youth Organization site. 
3.  Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions of an actual fire. 
4.  Drills shall emphasize orderly evacuation under proper discipline rather than speed.  No running or horseplay should be permitted. 
5.  Drills shall include suitable procedures for ensuring that all persons in the building or all persons subject to the drill participate. 
6.  Fire alarm equipment shall be used regularly in the conduct of fire exit drills. 
7.  Tornado and emergency evacuation and lock down drills shall 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 these drills held over the past twelve (12) months shall be maintained at the Neighborhood Youth Organization site. 
7.720.8  RECORDS AND REPORTS 
7.720.81  Youth Records [Eff. 4/1/11]
The central administrative facility or Neighborhood Youth Organization site shall maintain and update annually a record on each youth that includes: 
A.  The youth's full name, age, current address, date of birth, and membership. 
B.  Names, addresses, and telephone numbers, which may include cell phone number(s), pagers, fax, and e-mail of parents or legal guardians. 
C.  Any special instructions as to how the parents or guardians can be reached during the hours the youth is at the Neighborhood Youth Organization. 
D.  Names, addresses, and telephone numbers of persons who can assume responsibility for the youth in the event of an emergency if parents or guardians cannot be reached immediately. 
E.  A dated written authorization by a parent or legal guardian for: 
1.  The youth member to attend and be a member of the Neighborhood Youth Organization and to arrive and depart with parental or legal guardian supervision. 
2.  Emergency medical care signed and submitted annually by the parent or guardian. 
3.  The youth to participate in field trips and to participate in program activities, listing any possible exclusions. 
F.  Reports of  critical incidents including, but not limited to, serious injuries and accidents occurring during care that result in medical attention, admission to the hospital, or death of a youth. 
G.  Information regarding food borne allergies shall be obtained from all youth members and shall be referenced when preparing or serving food to youth members to prevent allergic reactions. 
7.720.82  Staff Records [Eff. 4/1/11]
A.  The Neighborhood Youth Organization shall maintain a record for each adult staff member, paid or volunteer, that includes the following: 
1.  Name, address, and birth date of the individual. 
2.  The date that the staff member was employed by the Neighborhood Youth Organization. 
3.  Name, address, and daytime telephone number, which may include cell phone numbers, pager numbers, fax numbers and e-mail address, of the person(s) to be notified in the event of an emergency. 
4.  Record and verification of the staff member's training, education, and experience. 
5.  Copies of First-Aid and CPR certification or other certification confirming the qualifications for the responsibilities assumed at the Neighborhood Youth Organization, which may include copies of driver's licenses, college transcripts, and diplomas. 
6.  Verification that a criminal record check has been performed and updated every two years with the Colorado Bureau of Investigation is in process, and a copy of the results of the staff member's criminal record check. 
7.  Verification that a review of the State Department’s automated system for reporting youth abuse and neglect has occurred or is in process. 
B.  Each staff member's personnel file shall contain all required information within thirty (30) calendar days of the first day of employment. 
7.720.83  Administrative Records and Reports [Eff. 4/1/11]
A.  The following records shall be on file at the Neighborhood Youth Organization: 
1.  Records of enrollment, daily attendance for each youth, and daily record of time each youth arrives at and departs from the Neighborhood Youth Organization. 
2.  Current Colorado Department of Public Health and Environment or local health department inspection report within the past twenty-four (24) months. 
3.  Current local fire department inspection report issued within the past twenty-four (24) months. 
4.  A list of current staff members, available on site or on file at a central location. 
B.  A report about a critical incident shall include: 
1.  The youth's name, birth date, address, and telephone number. 
2.  The names of all involved and witnesses to the incident, the youth's parents or guardians, and their address and telephone number(s) if different from those of the youth. 
3.  Date of the incident. 
4.  Brief description of the incident. 
5.  Documentation of action taken and/or the name and address of the police department or authority if a report was made. 
C.  Each Neighborhood Youth Organization shall have a written plan for action in case of natural disaster including, but not limited to, floods, tornadoes, severe weather, and injuries. This plan shall be on file at the Neighborhood Youth Organization. The staff shall have received training regarding the implementation of the plan prior to assuming supervisory responsibility for youth. Written verification of the training shall be in the staff member's personnel file. 
7.720.84  Confidentiality, Records Retention, and Cooperation with Local Investigations [Eff. 4/1/11]
A.  The Neighborhood Youth Organization shall maintain complete records of youth and personnel. 
B.  The confidentiality of all personnel and youth's records shall be maintained, pursuant to Section 7.701.6, “Confidentiality of Records”. 
C.  Personnel and youth's records shall be available, upon request, to authorized personnel of the State Department, pursuant to Section 19-1-307(2)(j.7), C.R.S. 
D.  If records for a headquarters servicing more than one Neighborhood Youth Organization are kept in a central file, duplicate identifying and emergency information for both staff and youth must also be kept on file at the Neighborhood Youth Organization attended by the youth and where the staff member is assigned. 
E.  The records of youth and personnel shall be maintained by the Neighborhood Youth Organization or Neighborhood Youth Organization central headquarters for at least three (3) years. 
F.  Neighborhood Youth Organizations shall cooperate with all state and local investigations regarding incidents including but not limited to licensing violations, child abuse, and incidents affecting the health, safety, and welfare of youth members. 

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