Child Care Definitions and Exemptions - Colorado

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Definitions

 

Child Care Centers

“Childcare centers”, less than 24-hour programs of care defined at Section 26-6-102(1.5), C.R.S., include the following types of facilities:

  1. A “large child care center” provides care for sixteen (16) or more children between two and one-half (2-1/2) and sixteen (16) years of age.
  2. A “small child care center” provides care for five (5) through fifteen (15) children between two (2) and sixteen (16) years of age.
  3. An “infant program” provides care for children between six (6) weeks and eighteen (18) months of age.
  4. A “toddler program” provides care for children between the ages of twelve (12) months (when walking independently) and thirty-six (36) months of age.
  5.  “Preschool” is a part-day child care program for five (5) or more children between the ages of two and one-half (2-1/2) and seven (7) years of age.
  6.  “Kindergarten” provides a program for children the year before they enter the first grade.
  7. A “school-age child care center” means a child care center that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The centers purpose is to provide child care and/or an outdoor recreational experience using a natural environment. The center operates for more than one week during the year. The term includes facilities commonly known as “day camps”, “summer camps”, “summer playground programs”, “before and after school programs”, and “extended day programs.” This includes centers operated with or without compensation for such care, and with or without stated educational purposes.
    1. A “building-based school-age child care program” means a child care program that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The center is located in a building that is regularly used for the care of children.
    2. A “mobile school-age child care program” provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade. Children move from one site to another by means of transportation provided by the governing body of the program. The program uses no permanent building on a regular basis for the care of children.
    3. An “outdoor-based school-age child care program” provides care for five (5) or more children who are at least seven (7) years of age or have completed the first grade. This program uses no permanent building on a regular basis for the care of children. Children are cared for in a permanent outdoor or park setting. 12 Colo. Code Regs. § 2509-8:7.701.2(C).

Child care centers, less than 24-hour care (referred to as “centers”), provide comprehensive care for children when the parents or guardians are employed or otherwise unavailable to care for the children. Child care centers may operate twenty four (24) hours a day, but the children are cared for at the center fewer than twenty four (24) hours a day. 12 Colo. Code Regs. § 2509-8:7.702.1(A).

Child care centers, less than 24-hour programs of care, include the following types of facilities:

  1. A “large child care center” provides care for 16 or more children between the ages of 2 1/2 and 18 years.
  2. A “small child care center” provides care for 5 through 15 children between the ages of 2 and 18 years.
  3. An “infant program” provides care for children between the ages of 6 weeks and 18 months.
  4. A “toddler program” provides care for children between the ages of 12 months (when walking independently or with a health care provider’s statement indicating developmental appropriateness of placement in a toddler program) and 36 months.
  5.  “Preschool” is a part-day child care program for 5 or more children between the ages of 2 1/2 and 7 years.
  6. “Kindergarten” provides a program for children the year before they enter the first grade.
  7. “Full day program” enrolls children for five (5) or more hours per day.
  8. “Part day program” enrolls children for a maximum of up to five (5) hours per day. Individual children shall not attend more than one (1) five (5) hour session per day.
  9. A “drop-in child care center” provides occasional care for 40 or fewer children between the ages of 12 months and 13 years of age for short periods of time not to exceed six (6) hours in any 24-hour period of time or fifteen (15) hours in any seven (7) day period of time. 12 Colo. Code Regs. § 2509-8:7.702.1(B).

 

Family Child Care Homes

“Family Child Care Home”, defined at Section 26-6-102(4), C.R.S., means a type of family care home that provides less than 24-hour care for two (2) or more children on a regular basis in a place of residence. Children in care are from different family households and are not related to the head of household. 12 Colo. Code Regs. § 2509-8:7.701.2(A)(1).

A “Family Child Care Home” (FCCH) is a type of family care home that provides less than twentyfour (24) hour care at any time for two (2) or more children that are unrelated to each other or the provider, and are cared for in the provider’s place of residence. 12 Colo. Code Regs. § 2509-8:7.707.22(A).

In a regular (FCCH) home, care may be provided for six (6) children from birth to eighteen (18) years of age with no more than two (2) children under two (2) years of age. 12 Colo. Code Regs. § 2509-8:7.707.22(B).

A three (3) under two (2) license is a type of license that allows a provider to care for six (6) children from birth to eighteen (18) years of age with no more than three (3) children under two (2) years of age, with no more than two (2) of the three (3) children under twelve (12) months; the capacity includes the provider's own children under twelve (12) years of age. 12 Colo. Code Regs. § 2509-9:7.707.22(C).

An infant/toddler license is a type of family care home that provides less than twenty-four (24) hour care only for children who are between birth and three (3) years old. 12 Colo. Code Regs. § 2509-9:7.707.22(D).

A large child care home is a family child care home that provides care for seven (7) to twelve (12) children. 12 Colo. Code Regs. § 2509-8:7.707.22(E).

 

Residential Child Care Facilities

Residential Child Care Facility

  1. “Residential Child Care Facility”, defined at Section 26-6-102(8), C.R.S., shall provide twenty-four (24) hour residential group care and treatment for five (5) or more children between the ages of three (3) and eighteen (18) years old and for those persons to twenty-one (21) years old who are placed by court order prior to their eighteenth birthday. A residential child care facility must offer opportunities for a variety of experiences through a group living program and specialized services that can be used selectively in accordance with an individual plan for each child. A residential child care facility includes “Shelter Care Facilities”, “Residential Child Care Facilities”, and “Psychiatric Residential Treatment Facilities”.
  2. “Transition Program” may be a component of an RCCF program in which the child is residing in the RCCF part of the time and in a living situation that child is expected to move to after treatment in the RCCF is completed. The purpose of transition is to enable the child to transition to the home or a less restrictive setting in a manner that prepares the child for success in the new setting. 12 Colo. Code Regs. § 2509-8:7.701.2(G).

A “residential child care facility (RCCF)” shall provide twenty-four (24) hour residential group care and treatment for five or more children, between the ages of three (3) and sixteen (16) years old and for children from sixteen (16)-eighteen (18) years old and for those persons to twenty-one (21) years old who are placed by court order prior to their eighteenth birthday. A residential child care facility shall offer opportunities for a variety of services that can be used selectively in accordance with an individual plan for each child. A residential child care facility is operated under private, public or nonprofit sponsorship. 12 Colo. Code Regs. § 2509-8:7.705.1.

 

Day Treatment Centers

A “Day Treatment Center”, defined at Section 26-6-102(2.4), C.R.S., means a facility that provides less than twenty-four (24) hour care for groups of five (5) or more children three (3) to twenty-one years of age. Nothing prohibits a day treatment center from allowing a person who reaches twenty-one (21) years of age after the commencement of an academic year from attending an educational program at the day treatment center through the end of the semester in which the twenty-first birthday occurs or until the person completes the educational program, whichever comes first. The center must provide a structured program of various types of psychosocial and/or behavioral treatments to prevent or reduce the need for placement of the child out of the home or community. This definition does not include special education programs operated by a public or private school system or programs that are licensed by other regulations of the Department of Human Services for less than twenty-four (24) hour care of children, such as a child care center or part-day preschool. 12 Colo. Code Regs. §§ 2509-8:7.701.2(E), 7.706.1.

 

Children’s Residential Camps

“Children's Residential Camp”, is defined at Section 26-6-102(2.2), C.R.S.

  1. A residential camp may have a “primitive camp” which is a portion of the permanent camp premises or another site at which the basic needs for camp operation such as places of abode, water supply systems, and permanent toilet and/or cooking facilities are not usually provided.
  2. A “travel-trip camp” shall be known as a camp in which there is no permanent camp site and children move from one site to another. The travel-trip camp either originates in Colorado or moves into and/or through Colorado from another state and operates for three or more consecutive twenty four (24) hour days during one or more seasons of the year for the care of five (5) or more children who are at least ten (10) years old or have completed the fourth grade. The program shall have as its purpose a group learning experience offering educational and recreational activities utilizing an outdoor environment. 12 Colo. Code Regs. §§ 2509-8:7.701.2(D)(A), 7.711.1(A).

“Children's resident camp” means a facility operating for three or more consecutive twenty-four-hour days during one or more seasons of the year for the care of five or more children. The facility shall have as its purpose a group living experience offering education and recreational activities in an outdoor environment. The recreational experiences may occur at the permanent camp premises or on trips off the premises. Colo. Rev. Stat. § 26-6-102(8)(a).

 

School Age Child Care Centers

A “school-age child care center” (hereafter referred to as the “center”) is a child care center that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The center's purpose is to provide child care and/or an outdoor recreational experience using a natural environment. The center operates for more than one week during the year. The term includes facilities commonly known as “day camps”, “summer camps”, “summer playground programs”, “before and after school programs”, and “extended day programs”. This includes centers operated with or without compensation for such care, and with or without stated educational purposes. 12 Colo. Code Regs. § 7.712.2(A).

A “building-based school-age child care program” is a child care program that provides care for five (5) or more children who are between five (5) and sixteen (16) years of age. The center is located in a building that is regularly used for the care of children. 12 Colo. Code Regs. § 7.712.2(B).

A “day camp” is a school-age child care program which operates at least four (4) hours a day primarily during one season of the year, and during school vacation periods for children between five (5) and eighteen (18) years of age, which accepts registrations for finite, not necessarily contiguous sessions. Programs may operate daily between 6:00 a.m. and 10:00 p.m. Day camp programs may incidentally offer not more than two overnight stays each camp session. The day camp provides a creative recreational and educational opportunity through group oriented programs. The day camp utilizes trained leadership and the resources of the natural surroundings to contribute to each child’s mental, physical, social, and personal growth. The types of day camps are as follows:

  1. A “building based day camp” is a child care program that provides care for five (5) or more children who are between five and eighteen years of age. The day camp is located in a building which, along with the outdoor surroundings, is regularly used by the program.
  2. A “mobile day camp” is a child care program that provides programming for five (5) or more children who are at least seven (7) years of age or who have completed the first grade. Children move from one site to another by means of transportation provided by the governing body of the program. The program uses no permanent building on a regular basis. Mobile day camp programs may operate in multiple sites under one license.
  3. An “outdoor-based day camp” is a child care program that provides care or five (5) or more children who are at least seven (7) years of age or have completed the first grade. The day camp uses no permanent building on a regular basis and provides programming in a permanent outdoor or park setting. 12 Colo. Code Regs. § 7.712.2(C.

 

Exemptions

 

A license is not required for:

  1. A special school or class in which more than seventy five (75) percent of the time that children are present is spent in religious instruction. Religious instruction is defined to include such developmentally appropriate children's activities as worship, singing religious songs, listening to religious stories, learning and practicing religious cultural activities, and participating in religious celebrations;
  2. A special school or class operated for a single skill-building purpose;
  3. A child care center operated in connection with a church, shopping center, or business where children are cared for during short periods of time, not to exceed three hours in any twenty-four hour period of time, while parents or persons in charge of such children, or employees of the church, shopping center, or business whose children are being cared for at such location are attending church services at such location, shopping, patronizing or working on the premises of the business. This facility must be operated on the premises of the church, business, or shopping center. Only children of parents or guardians who are attending a church activity or patronizing the business or shopping center or working at the church, shopping center or business can be cared for in the center;
  4. Occasional care of children with or without compensation, which means the offering of child care infrequently and irregularly that has no apparent pattern;
  5. A family care home in which less than 24-hour care is given for only one child or two or more children who are siblings from the same family household at any one time;
  6. A child care facility that is approved, certified, or licensed by any other state department or agency, or by a federal government department or agency, which has standards for operation of the facility and inspects or monitors the facility;
  7. The medical care of children in nursing homes;
  8. Ski area guest child care facilities as defined at Sections 26-6-102(5) and 26-6-103.5, C.R.S;
  9. Neighborhood Youth Organizations as defined at Sections 26-6-102(5.8) and 26-6-103.7, C. R.S.12 Colo. Code Regs. § 2509-8:7.701.11(B).

 

Current through August 2017. For a PDF of the 50-state dataset, click here (this is a large document - you may need to use the zoom function in order to read it). If you would like the spreadsheet version of the dataset, please email Natasha Frost at Natasha.Frost@mitchellhamline.edu.