5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: 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 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 child care centers, school-age child care centers, before- and after-school programs, kindergartens, preschools, day camps, and summer camps. All Child Care Centers are required to be licensed. Child Care Centers must follow the General Rules for Child Care Facilities and the Rules Regulating Child Care Centers That Provide Less Than 24-Hour Care. These rules can be found on the Department of Early Childhood website at: https://cdec.colorado.gov/rules-and-regulations Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: Family Child Care Home means a facility for care of children in a place of residence of a family or person for the purpose of providing less than twenty four hour care for children under the age of eighteen years who are not related to the provider. "Family child care Colorado home" may include infant toddler child care homes, three under eighteen months family child care home, large child care homes, and experienced child care homes. All Family Child Care Homes except those exempted from licensing per 26.5-5-304 (1) (f) (I) (A) (B), C.R.S. are required to be licensed. Family Child Care Homes must follow the General Rules for Child Care Facilities and the Rules Regulating Family Child Care Homes. These rules can be found on the Colorado Department of Early Childhood website at: https://cdec.colorado.gov/rules-and- regulations. Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: N/A Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. N/A ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. N/A iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. N/A b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. ￿Qualified exempt child care provider￿ means a family child care home provider who is not licensed but provides care for a child(ren) from the same family; or an individual who is not licensed but provides care for a child(ren) who is related to the individual if the child’s care is funded in whole or in part with money received on the child’s behalf from the publicly funded CCCAP under rule manual Volume 7, Section 7.701.11, A, 1, b. (12 CCR 2509-8). Effective September 15, 2024, pursuant to 45 CFR 98.41(a)(1)(i)(B)(1), CCCAP rule requires that a CCCAP relative Qualified Exempt provider must meet requirements below: ￿Relative in-home care￿ means care provided by a relative in the child’s own home by a person who is eighteen (18) years of age or older and is related to the child through marriage, blood, court decree, or adoption and is a grandparent; great-grandparent; sibling (if living in a separate residence than the eligible child); aunt; and/or uncle, and does not meet the definition of ￿adult caretaker￿ or ￿teen parent￿. ￿Relative out-of-home care￿ means care provided by a relative in another location by a person who is eighteen (18) years of age or older and is related to the child through marriage, blood, court decree, or adoption and is a grandparent; great-grandparent; sibling (if living in a separate residence than the eligible child); aunt; and/or uncle, and does not meet the definition of ￿adult caretaker￿ or ￿teen parent￿. Qualified exempt child care provider: A non-licensed family child care home in which less than twenty-four (24) hour care is given at any one time that meets one of the following: a. For a relative Qualified Exempt provider, any number of children directly related to the provider; or b. For a Qualified Exempt provider that is not a relative of the children in care, no more than four (4) children in care, with no more than two (2) children under the age of two (2) years at any one time. 1. if the provider’s own children are in the provider’s care, the provider’s children count towards the maximum capacity of four (4). c. The relationships for care outlined in a-b of this rule section include: 1. ￿Relative in-home care￿ means care provided by a relative in the child’s own home by a person who is eighteen (18) years of age or older 2. ￿Relative out-of-home care￿ means care provided by a relative in another location by a person who is eighteen (18) years of age or older 3. ￿Non-relative in-home care￿ means care provided by a person, who is not a relative to the children in care, in the child’s own home. 4. ￿Non-relative out-of-home care￿ means care provided by a person, who is not a relative to the children in care, outside of the child’s home. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. a. For a relative Qualified Exempt provider, any number of children directly related to the provider; or b. For a Qualified Exempt provider that is not a relative of the children in care, no more than four (4) children in care, with no more than two (2) children under the age of two (2) years at any one time. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. In order to ensure the safety of children in care, CDEC requires all legally exempt non-relative providers, who provide child care in their homes or the homes of children, annually complete ten (10) core areas of required trainings; an annual on-site health and safety visit where care is being conducted; and sign a self-attestation form that addresses: 1. building and physical premises safety 2. health, safety and welfare of provider and child. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. ￿Qualified exempt child care provider￿ means a family child care home provider who is not licensed but provides care for a child(ren) from the same family; or an individual who is not licensed but provides care for a child(ren) who is related to the individual if the child’s care is funded in whole or in part with money received on the child’s behalf from the publicly funded CCCAP under rule manual Volume 7, Section 7.701.11, A, 1, b. (12 CCR 2509-8). ￿Non-relative in-home care￿ means care provided by a person, who is not a relative to the children in care, in the child’s own home. (8 CCR 1403-1 3.127 (B)(1)(c)(3). Effective September 15, 2024, pursuant to 45 CFR 98.41(a)(1)(i)(B)(1), CCCAP rule requires that a CCCAP relative Qualified Exempt provider must meet requirements below: ￿Relative in-home care￿ means care provided by a relative in the child’s own home by a person who is eighteen (18) years of age or older and is related to the child through marriage, blood, court decree, or adoption and is a grandparent; great-grandparent; sibling (if living in a separate residence than the eligible child); aunt; and/or uncle, and does not meet the definition of ￿adult caretaker￿ or ￿teen parent￿. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Qualified exempt child care provider: A non-licensed family child care home in which less than twenty-four (24) hour care is given at any one time that meets one of the following: a. For a relative in home Qualified Exempt provider, any number of children directly related to the provider; or b. For an in home Qualified Exempt provider that is not a relative of the children in care, no more than four (4) children in care, with no more than two (2) children under the age of two (2) years at any one time. 1. if the provider’s own children are in the provider’s care, the provider’s children count towards the maximum capacity of four (4). iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. In order to ensure the safety of children in care, CDEC requires all legally exempt non-relative providers, who provide child care in their homes or the homes of children, annually complete ten (10) core areas of required trainings; an annual on-site health and safety visit where care is being conducted; and sign a self-attestation form that addresses: 1. building and physical premises safety 2. health, safety and welfare of provider and child.