Colorado Code
Part 1 - Child Care Licensing
§ 26-6-107. Investigations and Inspections - Local Authority - Reports - Rules

(C.5) (Deleted by amendment, L. 2011, (HB 11-1145), ch. 163, p. 562, § 3, effective August 10, 2011.)
(C.7) Where two or more individually licensed facilities are wholly owned, operated, and controlled by a common ownership group or school district, a fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect maintained by the department, completed for one of the licensed facilities of the common ownership group or school district pursuant to this section for any individual for whom such a check is required under this part 1 may satisfy the record check requirement for any other licensed facility under the same common ownership group or school district. A new fingerprint-based criminal history record check or new check of the records and reports of child abuse or neglect maintained by the department is not required of such an individual if the common ownership group or school district maintains a central records management system for employees of all its licensed facilities; takes action as required pursuant to section 26-6-104 when informed of the results of a fingerprint-based criminal history record check or check of the records and reports of child abuse or neglect maintained by the department that requires action pursuant to this part 1; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control.

(I.5) Rules promulgated by the state board pursuant to subsection (1)(a)(I) of this section must also include:
(A) A comparison search on the ICON system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the state department determines is appropriate for each circumstance in which the CBI fingerprint check either does not confirm a criminal history or confirms a criminal history, in order to determine the crime or crimes for which the person was arrested or convicted and the disposition thereof;
(B) Any other recognized database, if any, that is accessible on a statewide basis as set forth by rules promulgated by the state board; and
(C) When the results of an investigation performed pursuant to subsection (1)(a)(I) of this section or this subsection (1)(a)(I.5) reveal a record of arrest without a disposition, a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).

(1.5) Repealed.

Source: L. 67: p. 1043, § 3. C.R.S. 1963: § 119-8-7. L. 77: (1) amended, p. 1360, § 3, effective June 1. L. 83: (1) amended, p. 1131, § 3, effective May 25. L. 86: (1) amended, p. 1002, § 3, effective May 28. L. 90: (1)(a) R&RE and (2) amended, pp. 1390, 1391, §§ 5, 6, effective May 4. L. 93: (1)(a)(I) amended, p. 872, § 1, effective May 6. L. 96: (1)(b), (2), and (3) amended, p. 808, § 8, effective May 23; (1)(a)(I), (1)(b), and (2) amended and (1.5) added, p. 260, § 8, effective July 1. L. 99: (1)(a)(I) and (1)(b) amended and (1)(a.5) added, pp. 1201, 1202, §§ 5, 6, effective June 2. L. 2000: (1)(a)(I) amended, p. 39, § 7, effective May 14; (1)(b)(I) amended, p. 1260, § 2, effective May 26. L. 2001: (1)(a)(I) amended and (1)(a)(I.5) added, p. 615, § 8, effective May 30; (1)(a)(I), (1)(a.5), (1)(b), and (2) amended, p. 747, § 14, effective June 1. L. 2002: (1)(b)(II) amended, p. 15, § 1, effective March 13. L. 2003: (1)(b)(I) and (2) amended and (4) added, p. 1876, § 4, effective May 22; (1.5) repealed, p. 855, § 3, effective August 6; (1)(a)(I) amended, p. 1410, § 19, effective January 1, 2004. L. 2006: (1)(a)(I)(A) and (1)(a)(I)(B) amended, p. 730, § 7, effective August 7. L. 2007: (1)(a.7) added, p. 1020, § 12, effective May 22. L. 2010: (1)(a)(I)(C) amended and (1)(a)(I)(C.5) added, (HB 10-1106), ch. 278, p. 1271, § 1, effective May 26. L. 2011: (1)(a)(I)(C) amended and (1)(a)(I)(C.7) added, (HB 11-1102), ch. 29, p. 72, § 1, effective March 18; (1)(a)(I)(C) and (1)(a)(I)(C.5) amended, (HB 11-1145), ch. 163, p. 562, § 3, effective August 10. L. 2015: (1)(a.5) and (1)(a.7) amended, (SB 15-087), ch. 263, p. 1010, § 6, effective June 2. L. 2017: (1)(a)(I)(C.7) amended, (HB 17-1135), ch. 53, p. 165, § 1, effective August 9. L. 2019: (1)(a)(I.5), (1)(a.7)(I)(C), and (1)(a.7)(I)(D) amended and (1)(a.7)(I)(E) added, (HB 19-1166), ch. 125, p. 556, § 47, effective April 18; (1)(a)(I)(A), (1)(a)(I)(B), and (1)(a)(I)(C) amended, (SB 19-177), ch. 311, p. 2811, § 2, effective August 2. L. 2021: (5) added, (HB 21-1313), ch. 416, p. 2769, § 3, effective July 2.
Editor's note: Amendments to subsections (1)(b) and (2) by House Bill 96-1006 and House Bill 96-1180 were harmonized. Amendments to subsection (1)(a)(I) by Senate Bill 01-012 and Senate Bill 01-032 were harmonized. Amendments to subsection (1)(a)(I)(C) by House Bill 11-1102 and House Bill 11-1145 were harmonized.
Cross references: For the legislative declaration and report to the general assembly contained in the 1990 act amending this section, see sections 1 and 9 of chapter 219, Session Laws of Colorado 1990. For the legislative declaration contained in the 2003 act amending subsection (1)(a)(I), see section 1 of chapter 196, Session Laws of Colorado 2003.