The department, in the name of the people of the state of Colorado, through the attorney general of the state, must apply for an injunction in any court of competent jurisdiction to enjoin any person from operating any facility without a license that is required to be licensed under this part 1. If the person does not have a valid license pursuant to this part 1, the person's license has been revoked pursuant to section 26-6-108, or the person does not meet the licensing exemption criteria set forth in section 26-6-103, yet provides child care, and has a pattern of providing such child care without a valid license as required by this part 1, and despite having received notification from the department that the person or facility is in violation of the law, then such person is providing unlicensed and illegal child care. At the time the department applies for an injunction, the department shall notify law enforcement of the injunction proceedings. If it is established that the defendant has been or is so operating such facility without a valid license, the court shall enter a decree enjoining the defendant from further operating the facility unless and until the person obtains a license therefor. In case of violation of any injunction issued pursuant to this section, the court may summarily try and punish the offender for contempt of court. Such injunctive proceedings are in addition to and not in lieu of the penalty provided in section 26-6-112.
Source: L. 67: p. 1045, § 3. C.R.S. 1963: § 119-8-11. L. 83: Entire section amended, p. 1135, § 3, effective May 31. L. 96: Entire section amended, p. 811, § 12, effective May 23. L. 2021: Entire section amended, (SB 21-201), ch. 244, p. 1316, § 2, effective June 16.
Structure Colorado Code
Title 26 - Human Services Code
Article 6 - Child Care Centers
§ 26-6-101.4. Legislative Declaration Concerning the Protections Afforded by Regulation
§ 26-6-103. Application of Part - Study - Definitions - Repeal
§ 26-6-103.3. Substitute Child Care Providers - Substitute Placement Agency - Licensing - Rules
§ 26-6-105.5. Application Forms - Criminal Sanctions for Perjury
§ 26-6-105.7. Applications - Materials Waivers - Appeals - Rules
§ 26-6-106. Standards for Facilities and Agencies - Rules - Definition
§ 26-6-106.2. Staffing During Emergency Circumstances - Definitions
§ 26-6-106.5. Foster Care - Kinship Care - Rules Applying Generally - Rule-Making
§ 26-6-107. Investigations and Inspections - Local Authority - Reports - Rules
§ 26-6-107.5. Response to Complaints - Addition of Child Care Facility Inspectors
§ 26-6-107.7. Revocation of Certification of Foster Care Home - Emergency Procedures - Due Process
§ 26-6-108.5. Notice of Negative Licensing Action - Filing of Complaints
§ 26-6-110. Acceptance of Federal Grants
§ 26-6-111. Injunctive Proceedings
§ 26-6-112. Penalty - Short Title
§ 26-6-113. Periodic Review of Licensing Regulations and Procedures
§ 26-6-114. Civil Penalties - Fines - Child Care Cash Fund - Created
§ 26-6-116. Child Care Resource and Referral System - Created
§ 26-6-117. Accreditation Standards for County Departments and Child Placement Agencies - Study
§ 26-6-121. Preschools - Unique Student Identifying Numbers - Rules