(1) (a) Except as otherwise provided in subsection (1)(b) of this section or elsewhere in this part 9, a person shall not operate a residential or day treatment child care facility or child placement agency without first being licensed by the state department to operate or maintain the facility or agency and paying the prescribed fee. Except as otherwise provided in subsection (1)(c) of this section, a license that the state department issues is permanent unless otherwise revoked or suspended pursuant to section 26-6-914. (b) A person operating a foster care home or kinship foster care home is not required to obtain a license from the state department to operate the foster care home or kinship foster care home if the person holds a certificate issued pursuant to section 26-6-910 to operate the home from a county department or a child placement agency licensed under the provisions of this part 9. A certificate is considered a license for the purpose of this part 9, including but not limited to the investigation and criminal history background checks required under sections 26-6-910 and 26-6-912. (c) (I) On and after July 1, 2002, and contingent upon the timelines for implementation of the computer "trails" enhancements, child placement agencies that certify foster care homes and kinship foster care homes must be licensed annually until the implementation of any risk- based schedule for the renewal of child placement agency licenses pursuant to subsection (1)(c)(II) of this section. The state board shall promulgate rules specifying the procedural requirements associated with the renewal of child placement agency licenses. The rules must include the requirement that the state department conduct assessments of the child placement agency. (II) (A) On and after January 1, 2004, and upon the functionality of the computer "trails" enhancements, the state department may implement a schedule for relicensing of child placement agencies that certify foster care homes and kinship foster care homes that is based on risk factors such that child placement agencies with low risk factors renew their licenses less frequently than child placement agencies with higher risk factors. (B) Prior to January 1, 2004, and contingent upon the timelines for implementation of the computer "trails" enhancements, the state department shall create classifications of child placement agency licenses that certify foster care homes and kinship foster care homes that are based on risk factors as those factors are established by rule of the state board. (III) On and after July 1, 2021, all residential child care facilities must be licensed annually. The state board shall promulgate rules specifying the procedural requirements associated with the license renewal for residential child care facilities. The rules must include a requirement that the state department conduct assessments of the residential child care facility. (2) A person shall not receive or accept a child under eighteen years of age for placement, or place a child either temporarily or permanently in a home, other than with persons related to the child, without first obtaining a license as a child placement agency from the department and paying the fee prescribed for the license. (3) The department may issue a one-time provisional license for a period of six months to an applicant for an original license for a foster care home, permitting the applicant to operate the foster care home if the applicant is temporarily unable to conform to all standards required under this part 9, upon proof by the applicant that the applicant is attempting to conform to the standards or to comply with any other requirements. The applicant has the right to appeal any standard that the applicant believes presents an undue hardship or has been applied too stringently by the department. Upon the filing of an appeal, the department shall proceed in the manner prescribed for licensee appeals in section 26-6-909 (4). (4) The department shall not issue a license for a residential or day treatment child care facility until the facilities that the applicant or licensee will operate or maintain are approved by the department of public health and environment as conforming to the sanitary standards prescribed by the department pursuant to section 25-1.5-101 (1)(h) and unless the facilities conform to fire prevention and protection requirements of local fire departments in the locality of the facility or, in lieu thereof, of the division of labor standards and statistics. (5) A person shall not send or bring into this state a child for the purposes of foster care or adoption without sending notice of the pending placement and receiving the consent of the department, or its designated agent, to the placement. The notice must contain: (a) The name and the date and place of birth of the child; (b) The identity and address or addresses of the parents or legal guardian; (c) The identity and address of the person sending or bringing the child; (d) The name and address of the person to or with whom the sending person proposes to send, bring, or place the child; (e) A full statement of the reasons for the proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (6) The state board of human services shall establish rules for the approval of foster care homes, kinship foster care homes, and child care centers that provide twenty-four-hour care of children between eighteen and twenty-one years of age for whom the county department is financially responsible and when placed in foster care or kinship foster care by the county department. (7) On and after July 1, 2005, and subject to designation as a qualified accrediting entity as required by the "Intercountry Adoption Act of 2000", 42 U.S.C. sec. 14901 et seq., the state department may license and accredit a child placement agency for purposes of providing adoption services for conventional adoptions pursuant to the "Intercountry Adoption Act of 2000", 42 U.S.C. sec. 14901 et seq. The state board of human services may adopt rules consistent with federal law governing the procedures for adverse actions regarding accreditation, which procedures may vary from the procedures set forth in the "State Administrative Procedure Act", article 4 of title 24. (8) (a) (I) The state department shall not issue a license to operate a residential or day treatment child care facility or a child placement agency, and any license or certificate issued prior to August 7, 2006, is revoked or suspended if the applicant for the license or certificate, an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been convicted of: (A) Child abuse, as specified in section 18-6-401; (B) A crime of violence, as defined in section 18-1.3-406; (C) Any offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9); (D) Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3; (E) Any felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a license or certificate; (F) A pattern of misdemeanor convictions, as defined by rule of the state board, within the ten years immediately preceding the date of submission of the application; or (G) Any offense in any other state, the elements of which are substantially similar to the elements of any one of the offenses described in subsections (8)(a)(I)(A) to (8)(a)(I)(F) of this section. (II) As used in this subsection (8)(a), "convicted" means a conviction by a jury or by a court and also includes a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere. (III) An applicant, licensee, or employee of the applicant or licensee who meets the definition of a department employee or an independent contractor, as those terms are defined in section 27-90-111, or who works for a contracting agency, as defined in section 27-90-111, and who will have direct contact with vulnerable persons, as defined in section 27-90-111 (2)(e), is required to submit to a state and national fingerprint-based criminal history record check in the same manner as required pursuant to section 27-90-111 (9); except that the state department shall not bear the cost of the criminal history record check required by this subsection (8)(a)(III). The state department may also conduct a comparison search on the Colorado state courts public access system to determine the crime or crimes for which the individual having direct contact with vulnerable persons was arrested or convicted and the disposition of such crime or crimes. The criminal history record check required by this subsection (8)(a)(III) must be submitted to the state department prior to the individual having direct contact with vulnerable persons, and an applicant, licensee, or employee of an applicant or licensee must not be allowed to have direct contact with vulnerable persons if he or she does not meet the requirements set forth in this subsection (8) and in section 27-90-111 (9). (b) The department shall determine the convictions identified in subsection (8)(a) of this section according to the records of the Colorado bureau of investigation, the ICON system at the state judicial department, or any other source, as set forth in section 26-6-912 (1)(a)(II). A certified copy of the judgment of a court of competent jurisdiction of a conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence of the conviction or agreement. A license or certificate to operate a residential or day treatment child care facility, foster care home, or child placement agency shall not be issued if the state department has a certified court order from another state indicating that the person applying for the license or certificate has been convicted of child abuse or any unlawful sexual offense against a child under a law of any other state or the United States or the state department has a certified court order from another state that the person applying for the license or certificate has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child. (9) (a) No later than January 1, 2004, the state board shall promulgate rules that require all current and prospective employees of a county department who in their position have direct contact with a child in the process of being placed or who has been placed in foster care to submit a set of fingerprints for purposes of obtaining a fingerprint-based criminal history record check, unless the person has already submitted a set of fingerprints. The check must be conducted in the same manner as provided in subsection (8) of this section and in section 26-6- 912 (1)(a). The person's employment is conditional upon a satisfactory criminal background check and subject to the same grounds for denial or dismissal as set forth in subsection (8) of this section and in section 26-6-912 (1)(a). The costs for the fingerprint-based criminal history record check must be borne by the applicant. (b) When the results of a fingerprint-based criminal history record check performed pursuant to this subsection (9) reveal a record of arrest without a disposition, the state department shall require the person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). The costs for the name-based judicial record check must be borne by the applicant. (10) The state department shall not issue a license to operate a residential or day treatment child care facility, foster care home, or child placement agency if the person applying for the license or an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, if the court enters, pursuant to part 3 or part 4 of article 14 of title 15, or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the applicant is incapable of operating a residential or day treatment child care facility, foster care home, or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof. (11) The state department is strongly encouraged to examine and report to the general assembly on the benefits of licensing any private, nonprofit child placement agency that is dedicated to serving the special needs of foster care children through services delivered by specialized foster care parents in conjunction with and supported by staff of the child placement agency. The child placement agencies examined must be able to: (a) Offer the following services: (I) Provision of educated, skilled, and experienced foster care parents; (II) Social work support for the foster care child and foster care family; (III) Twenty-four-hour, on-call availability; (IV) Monthly foster care parent support group meetings; (V) Ongoing educational and networking opportunities for any foster care family; (VI) Individualized treatment plans developed through team collaboration; (VII) Professional and family networking opportunities; and (VIII) Respite support and reimbursement; (b) Provide a form of specialized foster care including, but not limited to, the following types of care: (I) Medical foster care; (II) Respite foster care; (III) Therapeutic foster care; (IV) Developmentally disabled foster care; and (V) Treatment foster care. (12) (a) The state department shall collaborate with the department of education, the department of public health and environment, and the department of health care policy and financing to develop an interagency resource guide pursuant to section 22-2-410 to assist facilities to become licensed or authorized as approved facility schools and to recommend changes related to the interagency resource guide to the state department's statute, rule, or administrative procedures. (b) The state department shall prominently post the interagency resource guide created pursuant to subsection (12)(a) of this section on the department's website.
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