Colorado Code
Part 1 - Child Care Licensing
§ 26-6-102. Definitions

As used in this article 6, unless the context otherwise requires:

(b) The term does not include any facility licensed as a family child care home, a foster care home, or a specialized group facility that is licensed to provide care for three or more children pursuant to subsection (36) of this section but that is providing care for three or fewer children who are determined to have a developmental disability by a community-centered board or who are diagnosed with a serious emotional disturbance.
(5) [ Editor's note: This version of subsection (5) is effective July 1, 2024. ] (a) "Child care center" means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children, unless otherwise specified in this subsection (5)(a), who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before- and after-school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and centers for developmentally disabled children and those facilities that give twenty-four-hour care for children, and includes those facilities for children under six years of age with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term does not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades or operated as a component of a school district's preschool program operated pursuant to article 28 of title 22. The term also includes respite child care centers that provide care for three or more children or youth, as defined in subsection (33.5) of this section.
(b) The term does not include any facility licensed as a family child care home, a foster care home, or a specialized group facility that is licensed to provide care for three or more children pursuant to subsection (36) of this section, but that is providing care for three or fewer children who are determined to have an intellectual and developmental disability by a case management agency, as defined in section 25.5-6-1702, or who are diagnosed with a serious emotional disturbance.

(14.5) "Governing body" means the individual, partnership, corporation, or association in which the ultimate authority and legal responsibility is vested for the administration and operation of a child care facility.

(22.5) "Licensee" means the entity or individual to which a license is issued and that has the legal capacity to enter into an agreement or contract, assume obligations, incur and pay debts, sue and be sued in its own right, and be held responsible for its actions. A licensee may be a governing body.

(30.3) "Qualified individual" means a trained professional or licensed clinician, as defined in the federal "Family First Prevention Services Act". "Qualified individual" must be approved to serve as a qualified individual according to the state plan. "Qualified individual" must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth and making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs, according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.
(30.5) "Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal "Family First Prevention Services Act", 42 U.S.C. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child or youth required in section 19-1-115 (4)(e)(I).

(33.5) "Respite child care center" means a facility for the purpose of providing temporary twenty-four-hour group care for three or more children or youth who are placed in certified foster care homes or approved noncertified kinship care homes, and children or youth with open cases through a regional accountable entity. A respite child care center is not a treatment facility, but rather its primary purpose is providing recreational activities, peer engagement, and skill development to the children and youth in its care. A respite child care center serves children and youth from five years of age to twenty-one years of age. A respite child care center may offer care for only part of a day. For purposes of this subsection (33.5), "respite child care" means an alternate form of care to enable caregivers to be temporarily relieved of caregiving responsibilities.

(35.5) "Sibling" means one or more individuals having one or both parents in common.

(37.5) "Substitute placement agency" means any corporation, partnership, association, firm, agency, or institution that places or that facilitates or arranges placement of short-term or long-term substitute child care providers in licensed child care facilities providing less than twenty-four-hour care.

Source: L. 67: p. 1040, § 3. C.R.S. 1963: § 119-8-2. L. 69: p. 993, § 2. L. 75: (1) amended, p. 217, § 53, effective July 16. L. 77: (6) amended, p. 1005, § 6, effective May 16. L. 81: (8) added, p. 1034, § 10, effective July 1. L. 86: (1)(a) amended, p. 1001, § 1, effective May 28. L. 88: (1)(a) amended, p. 831, § 41, effective May 24. L. 89: (9) added, p. 1220, § 1, effective May 26. L. 90: (1)(a) amended and (3.5) added, p. 1395, §§ 4, 5, effective May 24; (3.5)(b) added by revision, pp. 1395, 1400, §§ 5, 15. L. 91: (9) amended, p. 1882, § 1, effective March 11. L. 93: (3) amended, p. 1156, § 112, effective July 1, 1994. L. 94: (8) amended, p. 2705, § 268, effective July 1; (4) amended, p. 1044, § 2, effective January 1, 1995. L. 96: (8) and (9) amended, p. 806, § 3, effective May 23; (1), (2), and (4) amended and (1.5), (4.5), (5.3), (5.5), and (6.5) added, p. 252, § 3, effective July 1; (9) amended, p. 1697, § 42, effective January 1, 1997. L. 97: (5.1) added, p. 982, § 4, effective May 22. L. 99: (8) amended, p. 233, § 2, effective April 8; (1) amended and (1.3) and (5.7) added, p. 1034, § 1, effective May 29; (5.7) added, p. 1198, § 1, effective June 2. L. 2000: (4) amended and (2.5) and (10) added, p. 37, § 3, effective May 14. L. 2001: (5.2) added, p. 614, § 5, effective May 30; (1), (2), (3), and (8) amended and (11) added, pp. 743, 740, §§ 10, 3, effective June 1; (1), (2), (3), and (8) amended, p. 753, § 3, effective June 1; (1) amended, p. 508, § 1, effective July 1. L. 2002: (1.7) and (8.5) added, p. 128, § 2, effective March 26; (1.5) amended, p. 1785, § 50, effective June 7; (4.7) and (10.5) added and (5) amended, p. 406, § 1, effective July 1. L. 2003: (5.9) added, p. 558, § 1, effective March 7; (5.6) added and (11) amended, p. 1874, § 2, effective May 22; (7.5) added, p. 854,§ 1, effective August 6. L. 2004: (2.7) added, p. 543, § 2, effective August 4; (5.6)(e) amended, p. 483, § 9, effective August 4. L. 2005: (2.7)(a) amended, p. 772, § 52, effective June 1; (2) amended, p. 969, § 1, effective June 2. L. 2006: (1.5) and IP(10)(a) amended and (12) added, p. 519, § 1, effective April 18; (1.5) amended, p. 699, § 46, effective April 28; (3.7) added, p. 1080, § 1, effective May 25; (8) amended, p. 1204, § 4, effective May 26; (1.1), (1.2), (2.2), (2.4), and (5.4) added and (4.7), (5.5), and (5.7)(a) amended, p. 724, § 1, effective August 7; (8.7) added, p. 284, § 1, effective August 7. L. 2007: (6.7) added and (10.5) amended, p. 861, § 1, effective May 14. L. 2008: (10.3) added, p. 367, § 1, effective August 5. L. 2009: (1.5) amended, (SB 09-292), ch. 369, p. 1975, § 100, effective August 5. L. 2010: (5.8) and (13) added, (HB10-1044), ch. 85, p. 284, § 1, effective April 14; (8) amended, (SB 10-175), ch. 188, p. 803, § 75, effective April 29. L. 2011: (5.1) amended, (HB 11-1079), ch. 83, p. 226, § 5, effective August 10. L. 2012: (2.2) amended, (SB 12-043), ch. 9, p. 24, § 1, effective March 9. L. 2015: (2.5) amended, (HB 15-1023), ch. 22, p. 53, § 1, effective March 13; (1.2) and (4.5) amended, (4.8) and (4.9) added, and (8.7) repealed, (SB 15-087), ch. 263, p. 1001, § 2, effective June 2. L. 2016: Entire section amended, (SB 16-189), ch. 210, p. 775, § 74, effective June 6. L. 2017: IP and (12) amended, (SB 17-110), ch. 85, p. 263, § 3, effective August 9. L. 2018: (4), IP(30), and (30)(a) amended, (SB 18-092), ch. 38, p. 449, § 125, effective August 8; (37) amended and (37.5) added, (SB 18-162), ch. 124, p. 833, § 1, effective August 8. L. 2019: (30.5) added and (33) amended, (HB 19-1308), ch. 256, p. 2461, § 11, effective August 2. L. 2020: (30.5) amended, (HB 20-1402), ch. 216, p. 1057, § 64, effective June 30; (19), (33), and (36)(a) amended and (30.3) added, (SB 20-162), ch. 221, p. 1091, § 8, effective July 2; (14.5), (22.5), and (35.5) added, (HB 20-1347), ch. 251, p. 1224, § 1, effective July 8. L. 2021: (4), (14), and (21) amended, (HB 21-1151), ch. 138, p. 778, § 1, effective September 7; (5) amended and (33.5) added, (SB 21-269), ch. 424, p. 2818, § 1, effective September 7; (14) and (35) amended, (SB 21-059), ch. 136, p. 748, § 126, effective October 1; (5) amended, (HB 21-1187), ch. 83, p. 347, §. 54, effective July 1, 2024.

Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993. For the legislative declaration contained in the 1994 act amending subsection (8), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.