Title of Proposed Rule: / Rule Reduction Review of Child Care Licensing Rules
Rule-making#: / 11-9-22-1
Office/Division or Program:
Office of Children, Youth and Families/Division of Child Care / Rule Author: David A. Collins / Phone: 303-866-5946
E-mail:

(as amended)

STATEMENT OF BASIS AND PURPOSE

Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the rule or rule change is necessary and what the program hopes to accomplish through this rule.)

This rule package is presented in compliance with Colorado Department of Human Services Policy Number 2.8, regarding rule reduction review. The document contain numerous recommendations for revision, relocation, and repeal of rules based in an effort to make rules regulating child care facilities more clear, concise, relevant and achievable. In a few instances rule repeals are sought where clear statutory authority for the rule could not be found.

Summary of Revisions: Along with technical clean-up and withdrawing some repeals proposed in the initial rule-making package, the rule-making package now includes a repeal of obsolete fee language, and removed language in the definition of Children’s Resident Camps (7.701.215 and 7.711.1) that repeated statute and is no longer current given S.B. 12-043.

An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:

to comply with state/federal law and/or
to preserve public health, safety and welfare

Explain:

Authority for Rule:

State Board Authority: 26-1-107, C.R.S. (2011) - State Board to promulgate rules; 26-1-109, C.R.S. (2011) - State Board rules to coordinate with federal programs;

Program Authority:

26-6-106, C.R.S (2011) - standards for child care facilities and agencies

Initial Review / 03/02/2012 / Final Adoption / 04/06/2012
Proposed Effective Date / 06/01/2012 / EMERGENCY Adoption / n/a

DOCUMENT 6

______

[Note: “Strikethrough” indicates deletion from existing rules, “all caps” indicates addition of new rules,

and brackets denote changes since initial review.]

STATEMENT OF BASIS AND PURPOSE (continued)

X / Yes / No
Yes / X / No

Does the rule incorporate material by reference?

Does this rule repeat language found in statute?

If yes, please explain.

Section 7.710.52, “ICPC” definition incorporate a reference to the US Department of Human Services.

State Board Administration will send this rule-making package to Colorado Counties, Inc., Office of State Planning and Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which stakeholders?

This rule package has been posted for all stakeholders on the Division of Childcare website, http://www.colorado.gov/cs/Satellite/CDHS-ChildYouthFam/CBON/1251593789111, along with an internet based ability to provide feedback and comment capturing website. This rule package has additionally been sent to Sub-PAC. Notice of the internet based comment and feedback system was e-mailed to the complete licensee e-mail list.

Attachments:

Regulatory Analysis

Overview of Proposed Rule

Stakeholder Comment Summary

Rule-making Form SBA-3a (08/09)

Title of Proposed Rule: / Rule Reduction Review of Child Care Licensing Rules
Rule-making#: / 11-9-22-1
Office/Division or Program:
OCYF/Division of Child Care / Rule Author: David A. Collins / Phone: 303-866-5946

REGULATORY ANALYSIS

(complete each question; answers may take more than the space provided)

1. List of groups impacted by this rule:

Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?

Any child care facility licensed by CDHS Licensees and County departments of Human and/or Social Services.

2. Describe the qualitative and quantitative impact:

How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?

Licensees and Counties will benefit from repeal or revision of rules that were otherwise duplicative, unclear, or not mandated by law.

3. Fiscal Impact:

For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.

State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)

None

County Fiscal Impact

None

Federal Fiscal Impact

None

Other Fiscal Impact (such as providers, local governments, etc.)

None

4. Data Description:

List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?

None

Rule-making Form SBA-3b (10/08)

Title of Proposed Rule: / Rule Reduction Review of Child Care Licensing Rules
Rule-making#: / 11-9-22-1
Office/Division or Program:
OCYF/Division of Child Care / Rule Author: David A. Collins / Phone: 303-866-5946

REGULATORY ANALYSIS (continued)

5. Alternatives to this Rule-making:

Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.

None, this rule package is required by EO D2011-005 and CDHS policy 2.8, Rule Reduction Review.

Rule-making Form SBA-3b (10/08)

Title of Proposed Rule: / Rule Reduction Review of Child Care Licensing Rules
Rule-making#: / 11-9-22-1
Office/Division or Program:
OCYF/Division of Child Care / Rule Author: David A. Collins / Phone: 303-866-5946

OVERVIEW OF PROPOSED RULE

Compare and/or contrast the content of the current regulation and the proposed change.

Section Numbers / Current Regulation / Proposed Change /

Stakeholder Comment

7.701.215 / Definition of Child Resident Camp / Reference rather than repeat statute. / __ / Yes / X / No
7.701.31, C / Original Application / Moves, from 7.709.2, application process from specialized group facilities to general child care licensing section. / __ / Yes / X / No
7.701.33, E / Criminal records Checks for someone living in Colorado for 24 months or less. / Removes language for background checks that is out of date. / __ / Yes / X / No
7.701.4 / Fees / Eliminate reference fees for obsolete temporary adoption licenses. / __ / Yes / X / No
7.701.9 / None / New subsection entitled "General Health Rules." / __ / Yes / X / No
7.701.91 / None / Consolidates smoking rules into a single rule and references statutory standards. / __ / Yes / X / No
7.702.1 / Policy statement regarding child care centers. / Repeals Policy Statement as not necessary in rules. / __ / Yes / X / No
7.702.43, E / Clock hours of training requirement. / Fixes typographical error that says "nine fifteen hours" of training. / __ / Yes / X / No
7.702.91, J / Current smoking rule / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.705.22, F / Rules regulating special activities / Revises and Repeals as these rules are repeated and more comprehensive in the special activity rules under section 7.719 / __ / Yes / X / No
7.705.33 / Client Eligibility for Mental Health Services / Clarifying language for who performs the assessment and who uses the assessment. / __ / Yes / X / No
7.705.55, D, 5 / Current smoking rule / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.705.6 / Records and Reports / Revises portions of 7.705.61-63 that are repeated and more developed in 7.714.931-933 / __ / Yes / X / No
7.705.100-.104 / None / Relocates Psychiatric RCCF from separate rule (7.718 et.seq.) into the RCCF rules. / __ / Yes / X / No
7.706.19, N / Current smoking rule for Day Treatment Centers / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.707.1 / Statement of Policy for family child care homes / Repeals Policy Statement as not necessary in rules. / __ / Yes / X / No
7.707.22, C, 3, b / Bar to eligibility / Revises the rule to be more flexible. / __ / Yes / X / No
7.707.22, G / Flexibility Options / Repeals is inefficient and ineffective rule. / __ / Yes / X / No
7.707.31, A, 6 / Personnel requirements for family child care homes. / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.707.71, F / Health care: second hand smoke. / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.707.923 / Indoor Safety / Incorporate outdoor/climbing equipment safety standards when outdoor/climbing equipment is found indoors rather than relying on outside safety rule when indoors. / __ / Yes / X / No
7.708.11, N / Definitions / Consistent use of terms in statute and rule. / __ / Yes / X / No
7.708.31, E / Rule on care of foster children. / Repeals rule as unnecessary. / __ / Yes / X / No
7.709.2-.21 / Application process for specialized group facilities. / Repeals and relocates much shorter rule to General Rules Application Process rules at 7.701.31. / __ / Yes / X / No
7.709.24, A, 8 / Requirements for specialized group facilities: smoking rule / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.709.24 / Current Rule Lettering is Out of Sequence / Re-sequencing and re-lettering. / __ / Yes / X / No
7.710 / Other Rules CPA’s must adhere to / Completes the cross-reference for 7.709 Specialized Group Facilities / X / Yes / __ / No
7.710.2, G / Role of governing body of a CPA. / Updates citation references and clarifies. / X / Yes / __ / No
7.710.21 / Financial operation of a CPA. / Updates citation references and clarifies. / X / Yes / __ / No
7.710.22 / Personnel requirements of a CPA. / Revises/streamlines requirements for Colorado residency and proof of qualifications; corrects citation references. / X / Yes / __ / No
7.710.24, B, 3 / Contents of personnel file. / Clarifies language / X / Yes / __ / No
7.710.25 / Duties of CPA staff. / Clarifies SAFE assessment, duties of the placement supervisor, and corrects citation references. / X / Yes / __ / No
7.710.26 / Duplication of 7.710.25 / Removes erroneously duplicated rules in CCR. / X / Yes / __ / No
7.710.33 / Certification of Foster Homes / Repeals training requirements in section ‘J’ and provides clarification in section “L”. / X / Yes / __ / No
7.710.34, D / Issuance/denial of CPA foster certificates. / Updates citation references. / X / Yes / __ / No
7.710.36, A, 2; and C; / Recertification of foster homes. / Updates citation references and corrects typographical error. / X / Yes / __ / No
7.710.41, A / Accepting children for placement. / Adds “tribe”. / X / Yes / __ / No
7.710.42, B, F, and H / Referral during placement process. / Provides clarification and child’s preferences; updates citation references. / X / Yes / __ / No
7.710.44, A and B / Termination of placement / Eliminates duplication in section “A”; Repeals supervision and follow-up counseling in Section “B”. / X / Yes / __ / No
7.710.45, D, 3 / Required records / Updates citation reference. / X / Yes / __ / No
7.710.52 / Definitions / Updates “ICPC,” incorporated by reference. / X / Yes / __ / No
7.710.53, A and B / Disclosure and fee information. / Corrects language and citation references. / X / Yes / __ / No
7.710.55, B, 8 / Core training topics / Aligns notice for birth parent with statute. / X / Yes / __ / No
7.710.56 / Assessment of adoptive family. / Adds citations for exceptions in section ”C,” Revises “K,5”results of background checks and updates citation references / X / Yes / __ / No
7.710.92, B / Citations for selection of non-public agency. / Updates citation references. / X / Yes / __ / No
7.710.93, B, 1-2 and D / Interstate non-public adoptions. / Clarifies time frames and requirements, updates citation references. / X / Yes / __ / No
7.711.1 / Definition of Child Resident Camp. / Reference rather than repeat statute. / __ / Yes / X / No
7.711.75, W / Building safety in children’s resident camps. / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.712.1 / Policy Statement for school age child care centers. / Repeals Policy Statement as unnecessary. / __ / Yes / X / No
7.712.33 / Personnel Policies, Orientation and Staff Development. / Repeals and relocates to 7.712.41, which is the Personnel Section of 7.712. / __ / Yes / X / No
7.712.41 / General personnel requirements. / Moves G-L from 7.710.33. / __ / Yes / X / No
7.712.42, C / Personnel and qualifications for program aids. / Clarifies that aids shall be supervised at all times and never left alone with children. / __ / Yes / X / No
7.712.74, A, 6 / Fires safety in school age child care centers / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.713.56, D, 5 / Building safety in secure residential treatment centers. / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.714 / Policy statement for 24-hour care. / Repeals policy statement as unnecessary. / __ / Yes / X / No
7.715.11 / Policy statement for homeless youth shelters / Repeals policy statement as unnecessary / __ / Yes / X / No
7.715.84, H / Fire safety in homeless youth shelters, / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No
7.718 / PRTF Rules / Relocates entire section to be a subsection of RCCF rules at 7.705.101-.104 / __ / Yes / X / No
7.720.41 / Neighborhood youth organization Background Check Rules for personnel / Repeals NYO background check rules; NYOs to utilize the General Rule for background checks under House Bill 11-1145. / __ / Yes / X / No
7.720.73, A, 6 / Fire safety in a neighborhood youth organization. / Repeals smoking rule as revised in 7.701.91. / __ / Yes / X / No

STAKEHOLDER COMMENT SUMMARY