HB 1259

HOUSE BILL 26-1259
BYREPRESENTATIVE(S) Sirota, Bacon, Boesenecker, Camacho, Carter,
Duran, Froelich, Garcia, Gilchrist, Goldstein, Joseph, Lieder, Lindsay,
Lukens, Nguyen, Phillips, Story, Taggart, Valdez, Willford, Zokaie,
McCluskie, Brown, Jackson, Mabrey;
also SENATOR(S) Marchman and Bridges, Amabile, Ball, Benavidez,
Bright, Cutter, Daugherty, Exum, Gonzales J., Hinrichsen, Jodeh, Kipp,
Kirkmeyer, Kolker, Lindstedt, Mullica, Roberts, Snyder, Sullivan, Wallace,
Weissman, Coleman.
CONCERNING CHANGING REQUIREMENTS RELATED TO EARLY CHILDHOOD
        SERVICES, AND, IN CONNECTION THEREWITH, CLARIFYING OR
        EXTENDING SPECIFIED EXISTING LICENSING EXEMPTIONS, UPDATING
        EARLY      CARE      AND     EDUCATION  PROVIDER       REIMBURSEMENT,
        MODIFYING CERTAIN EXISTING FUNDING PROVISIONS FOR THE
        UNIVERSAL PRESCHOOL PROGRAM, CLARIFYING CERTAIN EXISTING
        PROGRAM        ELIGIBILITY      AND     REPORTING        REQUIREMENTS,  AND
        ADJUSTING THE MEMBERSHIP OR DUTIES OF SPECIFIED EARLY
        CHILDHOOD ADVISORY BODIES.
Be it enacted by the General Assembly of the State of Colorado:
        SECTION 1. In Colorado Revised Statutes, 26.5-1-105, amend
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(2)(t) as follows:
       26.5-1-105. Powers and duties of the executive director - rules
- rules advisory council - repeal.
       (2) (t)     The executive director may create issue-specific
subcommittees of the council that must include members A MEMBER of the
council and may include representatives from other state agencies,
representatives of local and tribal agencies or other local leaders in early
childhood and family support issues, and issue experts.
       SECTION 2. In Colorado Revised Statutes, 26.5-1-302, amend ( 1),
(2) introductory portion, (2)( d) introductory portion, (2)( d)(VII),
(2)(d)(VIII), and (4); and add (2)(b.5) and (2)(d)(IX) as follows:
      26.5-1-302. Early childhood leadership commission - created -
mission - funding - reimbursement for expenses.
       ( 1) There is created in the department the early childhood leadership
commission. The commission is a type 2 entity, as defined in section
24-1-105, and exercises its powers and performs its duties and functions
under the department of early childhood. The purpose of the commission is
to ensure and advance a comprehensive service delivery system for
pregnant women and children from birth to eight years of age OLD using
data to improve decision-making, alignment, and coordination among
federally funded and state-funded services and programs for pregnant
women and young children and their families. At a minimum, the
comprehensive service delivery system for pregnant women and children
and their families must include services in the areas of prenatal health; child
health; child mental health; early care and education; and family support,
INCLUDING SUPPORT FOR FAMILY ECONOMIC MOBILITY; and parent
education.
     (2) The commission consists of up to twenty-one TWENTY-TWO
members as follows:
     (b.5)   THE COMMISSIONER OF THE BEHAVIORAL HEALTH
ADMINISTRATION OR THE COMMISSIONER'S DESIGNEE;
       (d) No more than fourteen persons appointed by the governor whieh
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persons WHO collectively have the following expertise, affiliations, or
backgrounds:
        (VII) Members of the business community; and
        (VIII) Representatives of the local public health community; AND
      (IX) PERSONS WITH EXPERTISE IN FAMILY SUPPORTS, INCLUDING
FAMILY ECONOMIC MOBILITY.
        (4) The governor shall appoint three persons from among the
members of the commission one 1ep1esenting business interests, one
1ep1 esenting pt iv ate, nonprofit entities, and one I ep1 esenting public entities,
WHO REPRESENT A WIDE RANGE OF EXPERTISE, AFFILIATIONS, OR
BACKGROUNDS to serve as co-chairs of the commission. The commission
shall meet regularly at the direction of the co-chairs and as often as
necessary to fulfill its duties. The co-chairs may appoint working groups
and subcommittees to assist the commission in its work or to address
specific issues. The working groups and subcommittees, at the discretion of
the co-chairs, may consist of any combination of members of the
commission and other persons from the community.
       SECTION 3. In Colorado Revised Statutes, 26.5-1-303, amend ( l)
introductory portion, (l)(f)(II), (l)(f)(III), (2)(a), and (2)(b); and add
(l)(f)(IV) and (2)(c) as follows:
       26.5-1-303. Early childhood leadership commission - duties.
       (1) In addition to any other duties specified in law, the commission
has the following duties:
       (f) To develop strategies and monitor efforts concerning:
       (11) Increasing participation in and access to child care and early
education programs; and
       (III) Promoting family and community engagement in children's
early education and development; AND
       (IV) MAINTAINING A COMPREHENSIVE AND COHESIVE SYSTEM OF
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EARLY CHILDHOOD SUPPORTS ACROSS VARIOUS DOMAINS.
      (2) In fulfilling its duties, the commission shall collaborate, at a
minimum, with:
       (a) Members of the early childhood councils established pursuant to
section 26.5-2-203; and
       (b) Any Other boards, commissions, and councils that address
services and supports for pregnant women and young children; AND
      (C) OTHER STATE AND LOCAL AGENCIES INVOLVED IN THE DELIVERY
OF EARLY CHILDHOOD OR HUMAN SERVICES PROGRAMS OR SERVICES.
        SECTION 4. In Colorado Revised Statutes, 26.5-3-603, amend
(3)(a)(II) and (3)(a)(III) as follows:
       26.5-3-603. Social-emotional learning programs grant program
- created - implementation partner - application - selection - funding -
rules.
       (3) An entity that seeks grant money to implement or expand a
social-emotional learning program must submit an application to the
department in accordance with department rules and procedures. At a
minimum, the application must:
       (a) Identify the social-emotional learning program curriculum that
the entity will use, which must:
      (II) Be identified by the univ er sicy of Color ado as a proven,
evidence-based RESEARCH-BASED intervention to support healthy youth
development; and
       (111) Have been previously implemented with success by early
childhood program providers; in Colorado, and
       SECTION 5. In Colorado Revised Statutes, 26.5-3-702, amend
(2)(b) as follows:
      26.5-3-702.    Early childhood mental health consultation -
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statewide program - creation - purpose - rules.
       (2) The purpose of the program is to:
       (b) Support and provide guidance and training, through visits with
mental health consultants in the program, to families, expecting families,
caregivers, and providers across a diversity of DIVERSE settings in
addressing the healthy social-emotional developmental needs of children
and families during the prenatal period through eighty ears of age SIX YEARS
OLD;
       SECTION 6. In Colorado Revised Statutes, 26.5-3-703, amend (1)
introductory portion and (1 )( e) as follows:
       26.5-3-703. Model of early childhood mental health consultation
- standards and guidelines - qualifications.
           (1) On or befure July 1, 2022, The department shall design and
develop, in consultation with the stakeholders listed in section 26.5-3-702
( I )(b ), a model of consultation for the program that includes qualifications
for mental health consultants, job expectations, expected outcomes, and
guidance on ratios between mental health consultants and the settings they
support, referred to in this section as "the model". The model must include
standards and guidelines to ensure the program is implemented effectively,
with primary consideration given to evidence-based services. The standards
and guidelines must include:
       (e) Guidance on the diverse settings in which and types of providers
with whom mental health consultants in the program may work to meet the
varied needs of children and families from prenatal through eight years of
age SIX YEARS OLD. The model must include provisions that ensure that
mental health consultants in the program may work with a div er sity DIVERSE
RANGE of professionals and caregivers, including, but not limited to, early
child care and education teachers and providers, elementary school teachers
and administrators, home visitors, child welfare caseworkers, public health
professionals, and health-care professionals, including settings providing
prenatal and postpartum care.
        SECTION 7. In Colorado Revised Statutes, 26.5-3-704, amend
(2)( d) as follows:
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      26.5-3-704. Statewide professional development plan for early
childhood mental health consultants.
       (2) The plan must include, at a minimum, training related to:
       (d) Child development through eight years of age SIX YEARS OLD;
       SECTION 8. In Colorado Revised Statutes, 26.5-3-706, amend (2)
introductory portion as follows:
       26.5-3-706. Data collection - reporting.
        (2) Notwithstanding section 24-1-136 (1 l)(a)(I), the department
shall, beginning in 2023 and continuing every two years thereafter
THROUGH 2027, in its presentation to the joint budget committee of the
general assembly, as well as its presentation to its committee of reference
at the hearing held pursuant to section 2-7-203 (2)(a) of the "State
Measurement for Accountable, Responsive, and Transparent (SMART)
Government Act" in January 2027 JANUARY 2028, report on the following
issues:
       SECTION 9. In Colorado Revised Statutes, 26.5-4-106, amend
(2)(b) as follows:
       26.5-4-106. Applications for child care assistance - applications
for child care employees - verification - award - not assignable -
limitation - rules.
       (2) (b) In verifying an application received pursuant to this section,
the county department shall confirm that the applicant meets the eligibility
requirements for receiving public CHILD CARE assistance specified in section
26-2-111 (1) THIS PART 1.
        SECTION 10. In Colorado Revised Statutes, 26.5-4-111, amend
(3)(a), (3)(b)(II), and (10) as follows:
       26.5-4-111. Services - eligibility - assistance provided - waiting
lists - rules - exceptions from cooperating with child support
establishment.
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       (3) (a) Subject to available apprnpriations, Pursuant to rules
promulgated ADOPTED for implementation of this part 1, and except as
provided in subsection (3 )(b) of this section, a county shall provide child
care assistance for a family transitioning off the works program due to
employment or job training without requiring the family to apply for
low-income child care but shall redetermine the family's eligibility within
twelve months after the transition.
       (b) A family that transitions off the works program must not be
automatically transitioned to CCCAP pursuant to subsection (3)(a) of this
section if either of the following conditions apply:
       (II) The family is leaving the works program due to employment and
will be at an income level that exceeds the income eligibility limit for the
CCCAP MAXIMUM FEDERAL ELIGIBILITY LEVEL OF EIGHTY-FIVE PERCENT OF
THE STATE MEDIAN INCOME FOR A FAMILY OF THE SAME SIZE.
         ( 10) An early care and education provider or county may conduct a
pre-eligibility determination for child care assistance for a family to
facilitate the determination process. The early care and education provider
shall submit its pre-eligibility documentation to the county for final
determination of eligibility for child care assistance. The early care and
education provider or county may provide services to the family prior to
final determination of eligibility, and the county shall reimburse a provider
for st:teh THE services only if the county determines the family is eligible for
services and there is no need to place the family on a waiting list. If the
family is found ineligible for services, the county shall not reimburse
RECOVER MONEY PAID TO the early care and education provider OR FAMILY
for any services provided during the period between its THE EARLY CARE
AND EDUCATION PROVIDER'S pre-eligibility determination and the county's
final determination of eligibility.
        SECTION 11. In Colorado Revised Statutes, 26.5-4-204, amend
(6) introductory portion; and add (6.5) and (7) as follows:
       26.5-4-204. Colorado universal preschool program - created -
eligibility- workforce development plan - program funding- legislative
declaration - rules.
       (6) To preserve the general assembly's historic commitment to
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preschool program funding, the general assembly shall appropriate FROM
THE GENERAL FUND OR THE STATE EDUCATION FUND CREATED IN SECTION
17 OF ARTICLE IX OF THE STATE CONSTITUTION to the department for the
Colorado universal preschool program:
      ( 6.5) THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FOR THE
PURPOSES OF SUBSECTION ( 6) OF THIS SECTION FROM THE ST ATE EDUCATION
FUND CREATED IN SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION.
THE GENERAL ASSEMBLY DECLARES THAT, FOR PURPOSES OF SECTION 17 OF
ARTICLE IX OF THE STATE CONSTITUTION, THE APPROPRIATIONS REQUIRED
IN SUBSECTION (6) OF THIS SECTION ARE AN IMPORTANT ELEMENT OF
EXPANDING THE AVAILABILITY OF PRESCHOOL PROGRAMS AND MAY
THEREFORE RECEIVE FUNDING FROM THE STATE EDUCATION FUND CREATED
IN SECTION 17 (4) OF ARTICLE IX OF THE STATE CONSTITUTION.
       (7) EXCEPT AS REQUIRED BY A COURT-ISSUED SUBPOENA OR ORDER,
A   PRESCHOOL PROVIDER AND THE DEPARTMENT SHALL KEEP  ALL
IDENTIFYING RECORDS REGARDING CHILDREN AND ALL IDENTIFYING FACTS
LEARNED      ABOUT   CHILDREN     AND   THEIR   RELATIVES     CONFIDENTIAL.
NOTWITHSTANDING ANY PROVISION OF PART 2 OF ARTICLE 72 OF TITLE 24 TO
THE CONTRARY, THE DEPARTMENT AND THE PRESCHOOL PROVIDER SHALL
NOT RELEASE INDIVIDUAL CHILD-LEVEL DATA THAT ALLOWS FOR THE
IDENTIFICATION OF A SPECIFIC CHILD OR RELATIVE; EXCEPT THAT
INDIVIDUAL CI-IILD-LEVEL DATA THAT ALLOWS FOR THE IDENTIFICATION OF
A SPECIFIC CHILD OR RELATIVE MAY BE RELEASED TO THE PERSON IN
INTEREST, AS DEFINED IN SECTION 24-72-202.
        SECTION 12. In Colorado Revised Statutes, 26.5-5-304, amend
(l)(b); and repeal (l)(f)(IV) as follows:
       26.5-5-304. Application of part - definition.
       (1) This part 3 does not apply to:
       (b)   A child care facility that is approved, certified, or licensed by
any other state agency, BY A TRIBAL GOVERNMENT DEPARTMENT OR
AGENCY, or by a federal government department or agency, that has
standards for operation of the facility and inspects or monitors the facility;
       (f) (IV) This subsection (l)(t) is repealed, effective September 1,
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z0z-6:
        SECTION 13. In Colorado Revised Statutes, 26.5-5-316, amend
(4) as follows:
      26.5-5-316. Investigations and inspections - local authority -
reports - rules.
        (4) Every facility licensed tmder PURSUANT TO this part 3 shall keep
and maintain sueh records as the department may pr esctibe PRESCRIBES
pertaining to the admission, progress, health, and discharge of children
under the care of the facility, and shall report relative thereto ON THE
RECORDS to the department whenever called for, upon forms prescribed by
the department. EXCEPT AS REQUIRED BY A COURT-ISSUED SUBPOENA OR
ORDER, the facility and the department shall keep all IDENTIFYING records
regarding children and all IDENTIFYING facts learned about children and
their relatives confidential. NOTWITHSTANDING ANY PROVISION OF PART 2
OF ARTICLE 72 OF TITLE 24 TO THE CONTRARY, THE DEPARTMENT AND THE
FACILITY SHALL NOT RELEASE INDIVIDUAL CHILD-LEVEL DATA THAT ALLOWS
FOR THE IDENTIFICATION OF A SPECIFIC CHILD OR RELATIVE; EXCEPT THAT
INDIVIDUAL CHILD-LEVEL DATATHAT ALLOWS FOR THE IDENTIFICATION OF
A SPECIFIC CHILD OR RELATIVE MAY BE RELEASED TO THE PERSON IN
INTEREST, AS DEFINED IN SECTION 24-72-202.
        SECTION 14. In Colorado Revised Statutes, 19-1-103, amend (86)
as follows:
         19-1-103. Definitions.
       As used in this title 19 or in the specified portion of this title 19,
unless the context otherwise requires:
        (86) (a) "Institutional abuse", as used in part 3 of article 3 of this
title 19, means any A case of abuse, as defined in subsection (1) of this
section, that occurs in any A public or private facility in the state that
provides child care out of the home, supervision, or maintenance.
"Institutional abuse" includes an act or omission that threatens the life,
health, or welfare of a child or a person who is younger than twenty-one
years of age OLD who is under the continuing jurisdiction of the court
pursuant to this title 19.
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        (b) "Institutional abuse" does not include abuse that occurs in any
A public, private, or parochial school system, including any A preschool
operated in connection with said THE SCHOOL system; except that, to the
extent the school system provides extended day services, abuse that occurs
while sueh THE services are provided is institutional abuse.
        (c) As used in this subsection (86), "facility" means a residential
child care facility, specialized group facility, foster care home, or any other
facility licensed pursuant to part 9 of article 6 of title 26; family child care
home A FACILITY licensed pursuant to part 3 of article 5 of title 26.5;
noncertified kinship care providers that provide care for children with an
open child welfare case who are in the legal custody of a county department
of human or social services; or a facility or community placement, as
described in section 19-2.5-1502, for a juvenile committed to the custody
of the department of human services. "Facility" does not include any AN
adult detention or correctional facility.
        SECTION 15. Effective date. This act takes effect upon passage;
except that section 26.5-4-204 (6) introductory portion, Colorado Revised
Statutes, as amended in section 11 of this act, and section 26.5-4-204 (6.5),
Colorado Revised Statutes, as enacted in section 11 of this act, take effect
July 1, 2027.
       SECTION 16. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE IO-HOUSE BILL 26-1259
the support and maintenance of the departments of the state and state
institutions.
Jul~  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
      APPROVED       OVl   Tve&J~ V'{\°1 £-t\.. 202.k,o,.__t ~:oofl'\-.
                                   (Date anl:l Time)
PAGE 11-HOUSE BILL 26-1259