Family and Child Health and Well-being

C.R.S. tit. 26.5, art. 3
in effect

C.R.S. § 26.5-3-101 Legislative declaration

26.5-3-101. Legislative declaration. (1) The general assembly declares that Colorado needs healthy and cohesive families at all income levels in order for the state to be economically viable. A number of families in communities throughout Colorado temporarily may not have access to the basic necessities of life or to resources or services designed to promote individual development and family growth. (2) The general assembly further declares that many of Colorado's vulnerable families, individuals, children, and youth do not necessarily live in at-risk neighborhoods. These persons may not have appropriate resources or sufficient income for adequate housing, health care, or child care because the primary wage earners are unemployed or underemployed or work at jobs that pay minimum wage or less. Further, many of these persons not only live in poverty but also experience divorce or domestic violence or are single parents. Children and youth who are raised in vulnerable families experience an increased risk of being abused, being illiterate, being undereducated, dropping out of school, becoming teen parents, abusing drugs, and engaging in at-risk behaviors, including but not limited to criminal activities. These children and youth are often influenced by and likely to repeat behaviors that began with their parents. (3) Therefore, the general assembly finds that it is appropriate to establish a program to provide family resource centers in communities to serve as a single point of entry for providing comprehensive, intensive, integrated, and collaborative state and community-based services to vulnerable families, individuals, children, and youth.

C.R.S. § 26.5-3-102 Definitions

26.5-3-102. Definitions. As used in this part 1, unless the context otherwise requires: (1) "At-risk neighborhood" means an urban or rural neighborhood or community in which there are incidences of poverty, unemployment and underemployment, substance abuse, crime, school dropouts, illiteracy, teen pregnancies and teen parents, domestic violence, or other conditions that put families at risk. (2) "Case management" means the process through which a family advocate for the family resource center assesses a family's need for services as provided in section 26.5-3-103 (2). (3) "Community applicant" means a local entity that is interested and willing to commit private and public resources to establish a family resource center and that applies for a family resource center grant pursuant to section 26.5-3-104. "Community applicant" includes, but is not limited to, a state or local governmental agency or governing body, a local private nonprofit agency, a local board of education on a cost-shared basis, a local recreational center, or a local child care agency. (4) "Family resource center" means a unified single point of entry where vulnerable families, individuals, children, and youth in communities or within at-risk neighborhoods or participants in Colorado works, pursuant to part 7 of article 2 of title 26, can obtain information, assessment of needs, and referral for delivery of family services described in section 26.5-3-103 (2) and for which a grant is awarded to a community applicant pursuant to section 26.5-3-104. (5) "Family support and parent education" means a program or service that promotes a family's positive and meaningful engagement in its children's lives by providing an experiential and supportive adult learning environment through which a primary caregiver can learn how to create a safe, stable, and supportive family unit. (6) "Local advisory council" means the body that oversees the operation of the family resource center as described in section 26.5-3-104 (1)(b).

C.R.S. § 26.5-3-103 Program created

26.5-3-103. Program created. (1) (a) There is established in the department a family resource center program. The purposes of the program are to provide grants to community applicants for the creation of family resource centers or to provide grants to family resource centers for the continued operation of the centers through which services for vulnerable families, individuals, children, and youth who live in communities or in at-risk neighborhoods are accessible and coordinated through a single point of entry. (b) The department shall operate the family resource center program in accordance with the provisions of this part 1. In addition, the department may establish any other procedures necessary to implement the program, including establishing the procedure for submitting grant applications by community applicants seeking to establish a family resource center or by a family resource center applying for a grant for continued operation of a family resource center. (c) (I) The family resource center program may receive direct appropriations from the state general fund. (II) Any money family resource centers receive pursuant to the temporary assistance for needy families block grant or from the family issues cash fund created in section 26-5.3-106 must be from funds directly disbursed by a county at the discretion of the county. (III) The department may seek, accept, and expend any grants from any public or private source for the purpose of making grants to community applicants for the establishment or continued operation of family resource centers and for the purpose of evaluating the effectiveness of the family resource center program. This part 1 does not prohibit a family resource center from seeking, accepting, and expending funds received through an authorized contract, grants, or donations from public or private sources. (2) (a) Services that a family resource center provides must be coordinated, and services should reflect the needs of the community and the resources available to support such programs and services. Services may be delivered directly to a family at the center by center staff or by providers who contract with or have provider agreements with the center. Any family resource center that provides direct services shall comply with applicable state and federal laws and regulations regarding the delivery of such services, unless required waivers or exemptions have been granted by the appropriate governing body. (b) Each family resource center shall provide case management by a family advocate who screens and assesses a family's needs and strengths. The family advocate shall then assist the family with setting its own goals and, together with the family, develop a written plan to pursue the family's goals in working toward a greater level of self-reliance or in attaining self-sufficiency. The plan must provide for the following: (I) A negotiated agreement that includes reciprocal responsibilities of the individual or family members and the personnel of each human service agency providing services to the family; (II) A commitment of resources as available and necessary to meet the family's plan; (III) The delivery of applicable services to the individual or family, if feasible, or referral to an appropriate service provider; (IV) The coordination of services; (V) The monitoring of the progress of the family toward greater self-reliance or self-sufficiency and an evaluation of services provided; and (VI) Assistance to the individual or family in applying for the children's basic health plan, medical assistance benefits, or other benefits. vidual or family, if feasible, or referral to an appropriate service provider; (IV) The coordination of services; (V) The monitoring of the progress of the family toward greater self-reliance or self-sufficiency and an evaluation of services provided; and (VI) Assistance to the individual or family in applying for the children's basic health plan, medical assistance benefits, or other benefits. (c) In addition to services required by subsection (2)(b) of this section, the family resource center may provide for the direct delivery of or referral to a provider of the following six services: (I) Early childhood care and education, including programs that contribute to school readiness; (II) Family support and parent education; (III) Well-child checkups and basic health services; (IV) Early intervention for identifying infants, toddlers, and preschoolers who are developmentally disabled in order to provide necessary services to such children; (V) Before and after school care; and (VI) Programs for children and youth. (d) A family resource center may also provide services, including, but not limited to, the following: (I) Additional educational programs, such as mentoring programs for students in elementary, junior, and senior high schools; adult education and family literacy programs; and educational programs that link families with local schools and alternative educational programs, including links with boards of cooperative services; (II) Job skills training and self-sufficiency programs for adults and youth; (III) Social, health, mental health, and child welfare services and housing, homeless, food and nutrition, domestic violence support, recreation, and substance abuse services; (IV) Outreach, education, and support programs, including programs aimed at preventing teen pregnancies and school dropouts and programs providing parent support and advocacy; and (V) Transportation services to obtain other services provided pursuant to this subsection (2).

C.R.S. § 26.5-3-104 Selection of centers - grants

26.5-3-104. Selection of centers - grants. (1) The department may award a grant for the purpose of establishing a family resource center based on a plan submitted to the department by the applicant or for the continued operation of a family resource center. The plan must meet specific criteria that the department is authorized to set, but the criteria must include at least the following provisions: (a) Members of the community participate in the development and implementation of the family resource center; (b) The center is governed by a local advisory council comprised of community representatives such as: (I) Families living in the community; (II) Local public or private service provider agencies; (III) Local job skills training programs, if any; (IV) Local governing bodies; (V) Local businesses serving families in the community; and (VI) Local professionals serving families in the community; (c) The advisory council establishes rules concerning the operation of the family resource center, including provisions for staffing; (d) Services the family resource center provides are coordinated and tailored to the specific needs of individuals and families who live in the community; (e) The family resource center: (I) Promotes and supports, and does not supplant, successful individual and family functioning and increases the recognition of the importance of successful individuals and families in the community; (II) Contributes to the strength of family ties; (III) Establishes programs that focus on the needs of family members, such as preschool programs, family preservation programs, and teenage pregnancy prevention programs, and assists the individual or family in moving toward greater self-sufficiency; (IV) Recognizes the diversity of families within the community; (V) Supports family stability and unity; (VI) Treats families as partners in providing services; (VII) Encourages intergovernmental cooperation and a community-based alliance between government and the private sector. This cooperation may include, but need not be limited to, the pooling of public and private funds available to state agencies upon appropriation or transfer by the general assembly. (VIII) Provides programs that reduce institutional barriers related to categorical funding and eligibility requirements; (IX) Makes information regarding available resources and services readily accessible to individuals and families; and (X) Coordinates efforts of public and private entities to connect families to services and supports that encourage the development of early childhood and other family support systems; and (f) The family resource center coordinates the provision of services and pools the resources of providers of services to aid in funding and operating the center. (2) If the department determines, from any report submitted by a local advisory council or any other source, that the operation of a family resource center is not in compliance with this part 1 or any rule adopted pursuant to the provisions of this part 1, the department may impose sanctions, including termination of the grant.

C.R.S. § 26.5-3-201 Short title

26.5-3-201. Short title. The short title of this part 2 is the "Colorado Child Abuse Prevention Trust Fund Act".

C.R.S. § 26.5-3-202 Legislative declaration

26.5-3-202. Legislative declaration. (1) The general assembly finds that: (a) Child abuse and neglect are a threat to the family unit and impose major expenses on society; (b) There is a need to assist private and public agencies in identifying, planning, and establishing statewide programs for the prevention of child abuse and neglect; and (c) The types of trauma experienced by children who are under eighteen years of age include childhood emotional, physical, and sexual abuse; emotional and physical neglect; housing insecurity and poverty; and household challenges, including growing up in a household with substance abuse, mental health disorders, violence, or parental incarceration. Adverse childhood experiences such as these have been shown to have a lifelong impact on health, behavior, and age of mortality. (2) It is the purpose of this part 2 to promote primary and secondary prevention programs that are designed to prevent child trauma and maltreatment before it occurs, lessen the occurrence of child abuse and neglect, and mitigate the impacts of adverse childhood experiences to reduce the need for state intervention through child welfare actions and economic support for families experiencing poverty.

C.R.S. § 26.5-3-203 Definitions

26.5-3-203. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Board" means the Colorado child abuse prevention board created in section 26.5-3-204. (2) "Child" means a person under eighteen years of age. (3) "Child abuse" has the meaning as provided for the term "abuse" in section 19-1-103 (1). (4) "Prevention program" means a program of direct child abuse prevention services for a child, parent, or guardian and includes research or education programs related to the prevention of child abuse. Such a prevention program may be classified as a primary prevention program when it is available to the community on a voluntary basis and as a secondary prevention program when it is directed toward groups of individuals who have been identified as high risk. (5) "Recipient" means and is limited to a nonprofit or public organization that receives a grant from the trust fund. (6) "Trust fund" means the Colorado child abuse prevention trust fund created in section 26.5-3-206.

C.R.S. § 26.5-3-204 Colorado child abuse prevention board - creation - members - terms - vacancies - reimbursement for expenses

26.5-3-204. Colorado child abuse prevention board - creation - members - terms - vacancies - reimbursement for expenses. (1) The Colorado child abuse prevention board is transferred to the department of early childhood from the department of human services. The board shall exercise its powers and duties as if transferred by a type 2 transfer. Persons appointed to the board continue serving until completion of their terms and may be reappointed as provided in this section. (2) The board consists of nineteen members, with a consideration for geographic diversity, as follows: (a) One person from the department of human services' division of child welfare, appointed by the executive director of the department of human services; (b) The executive director of the department of early childhood or the executive director's designee; (c) The executive director of the department of public health and environment or the executive director's designee; (d) The commissioner of education or the commissioner's designee; (e) Two persons appointed by the governor and confirmed by the senate who are knowledgeable in the area of child abuse prevention and represent some of the following areas: Law enforcement, medicine, law, business, public policy, mental health, intimate partner violence, early childhood education, elementary and secondary education, reducing poverty and helping families gain economic stability, the connection between housing instability and trauma, higher education, research and program evaluation, and social work. In making appointments to the board, the governor is encouraged to include representation by at least one member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities, so long as the other requirements of this subsection (2)(e) are met. (f) The executive director of the department of health care policy and financing or the executive director's designee; (g) The executive director of the department of local affairs or the executive director's designee; (h) The child protection ombudsman, as appointed pursuant to section 19-3.3-102; (i) Four appointees who represent county leadership, as either a county commissioner or a director of public health or of human or social services, as designated by statewide organizations representing county commissioners, human services directors, and public health officials, three of whom must have expertise in human services or child welfare practice; (j) Three members appointed by the executive director of the department. Such appointees must be community members with lived experience that may include childhood history of adverse childhood experiences or experience participating in prevention, parenting, or family strengthening programs. One of the three appointees must be a parent. (k) One member who is a member of the senate and who is appointed by the president of the senate and one member who is a member of the house of representatives and who is appointed by the speaker of the house of representatives. (l) The commissioner of the behavioral health administration, created in section 27-50-102, or the commissioner's designee. (3) (a) Each appointed member of the board serves a term of three years. (b) The original appointing entity shall fill a vacancy on the board for the balance of the board member's unexpired term. (c) A board member, whether original or otherwise, may not serve more than two consecutive terms. (4) The board shall meet regularly and adopt its own rules of procedure. (5) Members are entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties.

C.R.S. § 26.5-3-205 Powers and duties of the board

26.5-3-205. Powers and duties of the board. (1) The board has the following powers and duties: (a) To advise and make recommendations to the governor, state agencies, and other relevant entities concerning the implementation of and future revisions to any state plan developed to prevent child maltreatment; (b) To develop strategies and monitor efforts to achieve: (I) Increases in child well-being and achievement; (II) Increases in caregiver well-being and achievement; (III) Increases in consistent high-quality caregiving; (IV) Increases in safe, supportive neighborhoods and communities; and (V) Decreases in the incidence of child maltreatment and child maltreatment fatalities; (c) To assist public and private agencies in coordinating efforts on behalf of families, including securing funding and additional investments for services and programs, and improving access to these services for children and their families; (d) To provide for the coordination and exchange of information concerning the establishment and maintenance of primary and secondary prevention programs and to facilitate the exchange of information between groups concerned with child maltreatment; (e) (I) To identify opportunities for, and barriers to, the alignment of standards, rules, policies, and procedures across programs and agencies that support families. The board shall submit recommendations developed pursuant to this subsection (1)(e)(I) to the department, which shall then include such recommendations as part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" in January 2022. (II) The board shall also provide ongoing recommendations on changes to enhance the alignment and provision of services and supports for families to prevent child trauma and maltreatment to appropriate government and nonprofit agencies and policy boards. (f) To collaborate with other relevant boards, commissions, and councils that exist within the executive branch to address services and supports for families; (g) To promote academic research on the efficacy and cost-effectiveness of child maltreatment prevention initiatives; (h) To distribute money and make grant awards from the Colorado child abuse prevention trust fund, created in section 26.5-3-206, in accordance with section 26.5-3-207 and for: (I) The establishment, promotion, and maintenance of primary and secondary child maltreatment prevention programs, including pilot programs or services identified in the federal Title IV-E prevention services clearinghouse and programs that are under evaluation for purposes of petitioning the federal government for inclusion in the federal Title IV-E prevention services clearinghouse; (II) Programs to prevent child sexual abuse; (III) Programs to reduce the occurrence of prenatal substance exposure; (IV) Programs to reduce the occurrence of other adverse childhood experiences; (V) Programs to reduce poverty or help families get out of poverty; (VI) Programs to create housing stability; and (VII) Operational expenses of the board, including allowable expenses pursuant to section 26.5-3-204 (5); (i) To monitor and promote the interaction and seamless partnership between the office within the department of human services that is responsible for children, youth, and families and the department in administering family strengthening programs; (j) To accept grants from the federal government, as well as to seek, accept, and expend contributions, grants, gifts, bequests, and donations from individuals, private organizations, and foundations; and (k) To exercise or perform any other powers or duties consistent with the purposes for which the board was created and that are reasonably necessary for the fulfillment of the board's responsibilities as set forth in this section.

C.R.S. § 26.5-3-206 Colorado child abuse prevention trust fund - creation - source of funds - appropriation - repeal

26.5-3-206. Colorado child abuse prevention trust fund - creation - source of funds - appropriation - repeal. (1) There is created in the state treasury the Colorado child abuse prevention trust fund. The board shall administer the trust fund, which consists of: (a) Money transferred into the trust fund in accordance with section 13-32-101 (5)(a)(I); (b) Money collected by the board pursuant to section 26.5-3-205 (1)(j) from federal grants and other contributions, grants, gifts, bequests, and donations. Such money must be transmitted to the state treasurer, who shall credit the money to the trust fund. (c) Any money appropriated to the trust fund by the state; and (d) Reimbursement money received for prevention services and programs identified in the federal Title IV-E prevention services clearinghouse pursuant to the federal "Family First Prevention Services Act of 2018". Beginning July 1, 2021, the department shall transmit federal Title IV-E reimbursements for prevention services to the state treasurer, who shall credit the reimbursements to the trust fund. (2) The board shall claim federal Title IV-E reimbursement for the trust fund for all eligible grants for prevention services on the federal Title IV-E prevention services clearinghouse. (3) Money in the trust fund is subject to annual appropriation by the general assembly. Any money remaining in the trust fund must not be transferred to or revert to the general fund of the state at the end of any fiscal year. Any interest earned on the investment or deposit of money in the trust fund must also remain in the fund and must not be credited to the general fund of the state. (4) (a) For the 2024-25 state fiscal year and each state fiscal year thereafter, the general assembly shall appropriate one hundred fifty thousand dollars to the trust fund. The board shall distribute the money appropriated pursuant to this subsection (4)(a) for programs to reduce the occurrence of prenatal substance exposure in accordance with section 26.5-3-205 (1)(h)(III). (b) (I) For the 2024-25 and 2025-26 state fiscal years, the general assembly shall annually appropriate fifty thousand dollars to the trust fund. The board shall distribute the money appropriated pursuant to this subsection (4)(b) to convene a stakeholder group to identify strategies to increase access to child care for families seeking substance use disorder treatment and recovery services. (II) This subsection (4)(b) is repealed, effective June 30, 2027.

C.R.S. § 26.5-3-207 Disbursement of grants from the trust fund - restrictions

26.5-3-207. Disbursement of grants from the trust fund - restrictions. (1) Grants may be awarded to provide money for the start-up, continuance, or expansion of primary or secondary prevention programs, including pilot programs and educational programs for professionals and the public, and to study and evaluate primary and secondary prevention programs. In addition, grants may be awarded for programs to prevent and reduce the occurrence of prenatal substance exposure and an evidence-based or research-based child sexual abuse prevention training model to prevent and reduce the occurrence of child sexual abuse. (2) The distribution of money credited to the trust fund by reimbursement for prevention services and programs identified in the federal Title IV-E prevention services clearinghouse must fund programs and services that align with the state's prevention strategy, pursuant to the federal "Family First Prevention Services Act of 2018", including consideration of variable needs and resources across the state and data-driven approaches, and be informed by the department in consultation with county departments of human or social services and other entities that deliver the eligible services or programs. Eligible services or programs may include those under evaluation for the purposes of petitioning the federal government for inclusion in the federal Title IV-E prevention services clearinghouse; except that, if the service or program at the time of federal review is rated to not meet criteria for inclusion in the federal Title IV-E prevention services clearinghouse, money credited to the trust fund by reimbursement for prevention services must not be allocated for that purpose in the next fiscal year, unless there is an evaluation of the service or program already underway that will build substantial new evidence that has the potential to change the service or program rating, or the service or program has been submitted to the federal clearinghouse for re-review. (3) The board has discretion to oversee the disbursement of money from the trust fund to ensure its appropriate use and make recommendations for the total grant amount to be awarded each year. (4) The board shall not authorize any grant awards pursuant to subsection (1) of this section for political, election, or lobbying purposes.

C.R.S. § 26.5-3-208 Report - repeal of part

26.5-3-208. Report - repeal of part. (1) The department shall contract for an independent evaluation of the trust fund, including administrative costs of operating the trust fund and the cost-effectiveness and the impact of the grants on reducing and preventing child abuse. The department shall provide a report of the evaluation to the house of representatives and senate health and human services committees, or any successor committees, on or before November 1, 2029. (2) This part 2 is repealed, effective July 1, 2027.

C.R.S. § 26.5-3-301 Definitions

26.5-3-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Facility" means an agency meeting the standards described in section 27-81-106 (1) and approved pursuant to section 27-81-106. (2) "Pilot program" means the child care services and substance use disorder treatment pilot program created in this part 3.

C.R.S. § 26.5-3-302 Child care services and substance use disorder treatment pilot program - created - purposes - eligibility - evaluation - funding - rules

26.5-3-302. Child care services and substance use disorder treatment pilot program - created - purposes - eligibility - evaluation - funding - rules. (1) (a) There is created in the department the child care services and substance use disorder treatment pilot program. The department shall administer the pilot program as a two-generation initiative. The purpose of the pilot program is to: (I) Provide grants to enhance the existing child care resource and referral programs to provide increased child care navigation capacity in one rural pilot program site and one urban pilot program site to serve pregnant and parenting women seeking or participating in substance use disorder treatment; and (II) Provide a grant to enhance the capacity of the existing child care resource and referral program's centralized call center to serve pregnant and parenting women seeking or participating in substance use disorder treatment; and (III) Provide implementation grants to pilot a regional mobile child care model that is licensed in compliance with part 3 of article 5 of this title 26.5 or as defined in section 26.5-5-303 and that serves children under five years of age in at least three facilities that provide substance use disorder treatment to parenting women. Applicants for mobile child care pilot grants must demonstrate a commitment of sources of private money for mobile child care to ensure that the mobile child care pilot model is an initiative of a public-private partnership. The mobile child care pilot model may be expanded to serve additional ages or additional regions using gifts, grants, or donations from private or public sources that the department may seek, accept, and expend. (b) The department shall ensure that there is adequate training, cross-training, technical assistance, data collection, and evaluation for grants awarded pursuant to subsections (1)(a)(I), (1)(a)(II), and (1)(a)(III) of this section. (2) The department shall determine the eligibility and selection criteria for pilot program grants. The department may promulgate rules, as necessary, to implement the pilot program. (3) (a) A pilot program grantee may use the grant money for improved technology, supplies, and materials to implement the pilot program; to hire staff for pilot program oversight and implementation; and for pilot program evaluation. (b) On or before June 30, 2028, the department shall provide to the health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, any completed pilot program evaluations pursuant to subsection (3)(a) of this section, as well as a summary of the pilot program, including grants awarded and the outcome of the grants. (c) On or before August 30, 2024, and on or before August 30 of each year thereafter for the following three years, the department shall report to the health and human services committee of the house of representatives and the health and human services committee of the senate, or their successor committees, on the pilot program, including the grants awarded, the number of children, families, and caregivers served, and a recommendation for the future implementation of the program. (4) (a) The department may use a portion of any money appropriated for the pilot program to pay the direct and indirect costs incurred to administer the pilot program, not to exceed ten percent of the appropriation. (b) The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 3. The department shall transmit all money received for the pilot program through gifts, grants, or donations to the state treasurer.

C.R.S. § 26.5-3-303 Repeal of part

26.5-3-303. Repeal of part. This part 3 is repealed, effective July 1, 2028.

C.R.S. § 26.5-3-401 Legislative declaration

26.5-3-401. Legislative declaration. (1) The general assembly finds that: (a) There is an urgent and substantial need to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child's first three years of life; (b) The longer a child's developmental delays are not addressed, the more developmental difficulties the child will experience in the future, the less prepared the child will be for school, the more special education needs the child is likely to have, and the more costly those problems will be to address; (c) The capacity of families to meet the special needs of their infants and toddlers with disabilities needs to be supported and enhanced; (d) Colorado's system for providing early intervention services to eligible infants and toddlers from birth through two years of age with significant developmental delays and disabilities relies on multiple sources of funding; (e) The early childhood and school readiness commission, which was the successor of the child care commission, was created in the 2004 legislative session to study, review, and evaluate the development of plans for creating a comprehensive early childhood system; (f) The early childhood and school readiness commission extensively studied and evaluated issues regarding early intervention services for infants and toddlers who have delays in development and learned that there is no coordinated system of payment for early intervention services, resulting in the provision of disjunctive or interrupted services to eligible children and inadequate reimbursement of early intervention service providers; (g) The early childhood and school readiness commission was also informed that many eligible children are covered as dependents by their parents' health-care plans, but some of the plans may deny benefits for early intervention services, thereby eliminating a source of private funds for the payment of early intervention services; (h) Pursuant to part C of the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, there is an urgent and substantial need to facilitate the coordination of payment for early intervention services from federal, state, local, and private sources, including public medical assistance and private insurance coverage; (i) Existing levels of local, state, federal, and private funding may be more efficiently used, more children may be served, and a higher quality of services may be provided if the existing early intervention system is modified to create a more coherent and coordinated system of payment for early intervention services; (j) The involvement of a child's primary health-care provider and other health-care providers is an essential component of effective planning for the provision of early intervention services; and (k) The provision of early intervention services is intended only to meet the developmental needs of an infant or toddler and not to replace other needed medical services that are recommended by the child's primary health-care provider.

C.R.S. § 26.5-3-402 Definitions

26.5-3-402. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Administrative unit" means a school district, a board of cooperative services, a charter school network, a charter school collaborative, or the state charter school institute that is providing educational services to exceptional children and that is responsible for the local administration of the education of exceptional children pursuant to article 20 of title 22. (2) "Carrier" has the same meaning as set forth in section 10-16-102 (8). (3) "Certified early intervention service broker" or "broker" means: (a) Repealed. (b) On and after July 1, 2024, a case management agency or an entity, as those terms are defined in section 25.5-6-1702, that has entered into a contract with the department to perform the duties and functions specified in section 26.5-3-408 in a particular defined service area. Notwithstanding section 27-10.5-104 (4), if there is not a case management agency or an entity and the department is unable to designate an organization to serve as the broker for a particular defined service area, the department shall serve as the broker for the defined service area and may contract directly with early intervention service providers to provide early intervention services to eligible children in the defined service area. (4) "Child find" means the program component of IDEA that requires states to find, identify, locate, evaluate, and serve all children with disabilities, from birth to twenty-one years of age. Child find includes: (a) Part C child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children from birth through two years of age; and (b) Part B child find, which is the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children from three to twenty-one years of age. (5) "Coordinated system of payment" means the policies and procedures developed by the department, in cooperation with the departments of education, health care policy and financing, and public health and environment, and with the division of insurance in the department of regulatory agencies, private health insurance carriers, and certified early intervention service brokers, to ensure that available public and private sources of funds to pay for early intervention services for eligible children are accessed and utilized in an efficient manner. (6) "Defined service area", on and after July 1, 2024, means the geographical area that a community-centered board serves as specified in the contract between the community-centered board and the department. (7) Repealed. (8) "Early intervention evaluations" means evaluations conducted pursuant to the early intervention program for infants and toddlers under part C of IDEA. (9) "Early intervention services" means services as defined by the department in accordance with part C that are authorized through an eligible child's IFSP and are provided to families at no cost or through the application of a sliding fee schedule. Early intervention services, as specified in an eligible child's IFSP, qualify as meeting the standard for medically necessary services as used by private health insurance and as used by public medical assistance, to the extent allowed pursuant to section 25.5-1-124. (10) "Early intervention state plan" means the state plan for a comprehensive and coordinated system of early intervention services required pursuant to part C. (11) "Eligible child" means an infant or toddler, from birth through two years of age, who, as defined by the department in accordance with part C, has significant delays in development or has a diagnosed physical or mental condition that has a high probability of resulting in significant delays in development or who is eligible for services pursuant to section 27-10.5-102 (11)(c). (12) "Evaluation" means: ible child" means an infant or toddler, from birth through two years of age, who, as defined by the department in accordance with part C, has significant delays in development or has a diagnosed physical or mental condition that has a high probability of resulting in significant delays in development or who is eligible for services pursuant to section 27-10.5-102 (11)(c). (12) "Evaluation" means: (a) For the purposes of part C child find, the procedures used to determine a child's initial and continuing eligibility for part C child find, including but not limited to: (I) Determining the status of the child in each of the developmental areas; (II) Identifying the child's unique strengths and needs; (III) Identifying any early intervention services that might serve the child's needs; and (IV) Identifying priorities and concerns of the family and any resources to which the family has access. (b) For the purposes of part B child find, the procedures used under IDEA for children with disabilities to determine whether a child has a disability and the nature and extent of special education and related services that the child will need. (13) "IDEA" means the federal "Individuals with Disabilities Education Act", 20 U.S.C. sec. 1400 et seq., as amended, and its implementing regulations, 34 CFR part 300 and also 34 CFR part 303 as it pertains to child find. (14) "Individualized family service plan" or "IFSP" means a written plan developed pursuant to 20 U.S.C. sec. 1436, as amended, and 34 CFR 303.340, or any successor regulation, that authorizes the provision of early intervention services to an eligible child and the child's family. An IFSP serves as the individualized plan, pursuant to section 27-10.5-102 (20)(c), for a child from birth through two years of age. (15) "Infants and toddlers" means children from birth through two years of age. (16) "Multidisciplinary team" means the involvement of two or more disciplines or professions in the provision of integrated and coordinated services, including evaluation and assessment activities defined in 34 CFR 303.321, or any successor regulation, and development of the child's IFSP. (17) "Part B" means the program component of IDEA that requires states to find, identify, locate, evaluate, and serve children with disabilities from three to twenty-one years of age. (18) "Part C" means the early intervention program for infants and toddlers who are eligible for services under part C of IDEA. (19) "Private health insurance" means a health coverage plan, as defined in section 10-16-102 (34), that is purchased by individuals or groups to provide, deliver, arrange for, pay for, or reimburse any of the costs of health-care services, as defined in section 10-16-102 (33), provided to a person entitled to receive benefits or services under the health coverage plan. (20) "Public medical assistance" means medical services that are provided by the state through the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the "Children's Basic Health Plan Act", article 8 of title 25.5, or other public medical assistance funding sources to qualifying individuals. ded to a person entitled to receive benefits or services under the health coverage plan. (20) "Public medical assistance" means medical services that are provided by the state through the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the "Children's Basic Health Plan Act", article 8 of title 25.5, or other public medical assistance funding sources to qualifying individuals. (21) "Qualified early intervention service provider" or "qualified provider" means a person or agency, as defined by the department by rule in accordance with part C, who provides early intervention services or early intervention evaluations and is listed on the registry of early intervention service providers pursuant to section 26.5-3-408 (1). In the event of a shortage of qualified early intervention evaluators, the department may contract with an administrative unit to conduct early intervention evaluations if a contract is entered between the department and the administrative unit, including written consent of the director of special education, with conditions for conducting and completing the evaluations, including identification of staff, costs for services, timelines for contract completion, and any other contract elements. (22) "Service coordination" means the activities carried out by a service coordinator to coordinate evaluation and intake activities, assist, and enable an eligible child and the eligible child's family to receive the rights, procedural safeguards, and services that are authorized to be provided under part C. (23) "State interagency coordinating council" means the council that is established pursuant to part C and appointed by the governor to advise and assist the lead agency designated or established under part C.

C.R.S. § 26.5-3-403 Early intervention services - administration - duties of department - rules

26.5-3-403. Early intervention services - administration - duties of department - rules. (1) Subject to annual appropriation from the general assembly, the department shall administer early intervention services and shall coordinate early intervention services with existing services provided to eligible children and their families. (2) The executive director shall promulgate rules as necessary for the implementation of this part 4 and to ensure that all IDEA timelines and requirements are met, including but not limited to administrative remedies if the timelines and requirements are not met. (3) In administering early intervention services, the department shall perform the following duties: (a) Design early intervention services in a manner consistent with part C; (b) Develop rules, for promulgation by the executive director, after consultation with the state interagency coordinating council; (c) Ensure eligibility determination for a child with disabilities from birth through two years of age, based in part on information received concerning the screening and evaluation; (d) Ensure that an individualized family service plan is developed for infants and toddlers from birth through two years of age who are eligible for early intervention services. The IFSP must be developed in compliance with part C requirements, including the mandatory IFSP meeting at which the family receives information concerning the results of the initial early intervention evaluation. The initial IFSP must be developed in collaboration with a representative from an evaluation provider that participated in the child's evaluation. The representative shall participate in the initial meeting for the development of the child's IFSP. (e) Allocate money; (f) (I) Repealed. (II) On and after July 1, 2024, coordinate training and provide technical assistance to certified early intervention service brokers, service providers, and other constituents who are involved in the delivery of early intervention services to eligible children; (g) Monitor and evaluate early intervention services provided through this part 4; (h) Coordinate contracts, expenditures, and billing for early intervention services provided through this part 4; and (i) On and after July 1, 2024, certify early intervention service brokers within a defined service area.

C.R.S. § 26.5-3-404 Child find - responsibilities - interagency operating agreements

26.5-3-404. Child find - responsibilities - interagency operating agreements. (1) The department shall perform the following responsibilities and duties for infants and toddlers who are referred for early intervention services: (a) Develop and implement, in coordination with certified early intervention service brokers, service agencies, governmental units, and the departments of education, public health and environment, and health care policy and financing, a statewide plan for public education, outreach, and awareness efforts related to child find and the availability of early intervention services; (b) Ensure that referrals from the community are accepted and families are assisted in connecting with the appropriate agency for intake and case management services, as defined in section 25.5-10-202; (c) Facilitate the implementation of early intervention evaluations that are the responsibility of the department pursuant to this part 4 and implement an effective and collaborative system of early intervention services. The department shall enter into any necessary interagency operating agreements at the state and local levels for such facilitation and implementation. (d) Facilitate the implementation of part C child find and early intervention evaluations and the use of medicaid funds. The department and entities that conduct early intervention evaluations may, when appropriate, share information with the department of education, the department of health care policy and financing, or other entities that conduct early intervention evaluations, so long as each department or local agency acts in compliance with the federal "Health Insurance Portability and Accountability Act of 1996", 42 U.S.C. sec. 1320d, as amended, and the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended, and all federal regulations and applicable guidelines adopted thereto. (2) As of July 1, 2022, the department shall administer part C child find pursuant to this part 4. (3) On or before July 1, 2022, the department shall establish a state-level interagency operating agreement, referred to in this section as the "agreement", with the department of education concerning the coordination of transitions of children from part C child find to part B child find. In developing the agreement, the department and the department of education shall involve stakeholder participation, including representatives from administrative units and part C entities. The agreement must also include: (a) The definition of a child who is potentially eligible for part B; (b) The processes for a parent of a child to opt out of required notifications; (c) The required notification concerning a child who is potentially eligible for part B; (d) A process for resolving disputes between an administrative unit and a part C entity concerning the satisfaction of agreement requirements, including remedies and sanctions; (e) A process for resolving disputes between the department and the department of education concerning systemic and statewide issues related to agreement requirements; (f) The development and delivery of standardized communication materials for a parent of a child who is potentially eligible for part B, including information concerning eligibility, referral, evaluation, and service delivery; (g) The development and delivery of standardized training for part C and part B providers, including information concerning eligibility, referral, evaluation, and service delivery for the programs; (h) The process for transferring a child's assessment, IFSP, and other necessary information to an administrative unit for consideration of a part B evaluation and eligibility determination, if a parent has provided written consent; y of standardized training for part C and part B providers, including information concerning eligibility, referral, evaluation, and service delivery for the programs; (h) The process for transferring a child's assessment, IFSP, and other necessary information to an administrative unit for consideration of a part B evaluation and eligibility determination, if a parent has provided written consent; (i) (I) Processes to ensure timely notification to the administrative unit if a child is potentially eligible for part B. At a minimum, timely notification must occur not later than when a child is two years and six months of age; except that timely notification must occur not later than when a child is two years and three months of age if a child has a low incidence diagnosis including, but not limited to, visual impairment, including blindness; hearing impairment, including deafness; or deaf-blind. (II) If a child is determined to be eligible for part C when the child is older than the ages described in subsection (3)(i)(I) of this section, timely notification must occur not later than ten business days after the eligibility determination. (j) A process for including an administrative unit representative in a transition conference for a child who transitions from part C to part B; (k) A process for including an early intervention services provider in the development of an IEP, as defined in section 22-20-103 (15), if requested by the parent of the child; and (l) A process for timely transferring data that is required by law between the department and the department of education. (4) The department and the department of education shall review and revise the agreement to account for any changes to state or federal law, as necessary. At a minimum, the agreement must be reviewed once every five years. In the review and revision of the agreement, the department and the department of education shall involve stakeholder participation, including representatives from administrative units and part C entities.

C.R.S. § 26.5-3-405 Authorized services - conditions of funding - purchases of services - rules

26.5-3-405. Authorized services - conditions of funding - purchases of services - rules. (1) (a) Repealed. (b) The executive director shall promulgate rules as necessary, in accordance with this part 4, to implement, on and after July 1, 2024, the purchase of early intervention services directly or through certified early intervention service brokers. (2) (a) Repealed. (b) On and after July 1, 2024, certified early intervention service brokers and service agencies receiving money pursuant to section 26.5-3-408 shall comply with all of the provisions of this part 4 and the rules promulgated pursuant to this part 4. (3) (a) and (b) Repealed. (c) On and after July 1, 2024, certified early intervention service brokers shall obtain or provide early intervention services, subject to available appropriations, including but not limited to: (I) Service coordination with families of eligible children. The purpose of service and support coordination is to enable a family to utilize service systems to meet its needs in an effective manner and increase the family's confidence and competence. Service coordination is to be rendered in an interagency context that emphasizes interagency collaboration. A family must have, to the extent possible, a choice as to who performs certain facets of service coordination as established in the family's individualized family service plan. (II) Coordination of early intervention services with local agencies and other community resources at the local level to avoid duplication and fragmentation of early intervention services. A certified early intervention service broker shall: (A) Coordinate with the local interagency effort regarding outreach, identification, screening, multidisciplinary assessment, and eligibility determination for families served by the certified early intervention service broker who requested the services; (B) Coordinate with the local family support services program; and (C) Coordinate with other appropriate state agencies providing programs for infants and toddlers. (4) The department is authorized to use up to three percent of the amount of the appropriation for early intervention services for training and technical assistance to ensure that the latest developments for early intervention services are rapidly integrated into service provision throughout the state.

C.R.S. § 26.5-3-406 Coordinated system of payment for early intervention services - duties of departments

26.5-3-406. Coordinated system of payment for early intervention services - duties of departments. (1) In order to implement the provisions of this part 4, the department, as lead agency for part C, is responsible for the following, subject to available appropriations: (a) Establishing an early intervention state plan for a statewide, comprehensive system of early intervention evaluations and early intervention services in accordance with part C child find; (b) Establishing an interagency operating agreement between the department and the departments of education, health care policy and financing, and public health and environment regarding the responsibilities of each department to assist in the development and implementation of a statewide, comprehensive system of early intervention services and a coordinated system of payments for early intervention services; (c) Developing, in cooperation with the department of education, the department of health care policy and financing, the department of public health and environment, the division of insurance in the department of regulatory agencies, private health insurance carriers, and certified early intervention service brokers, a coordinated system of payment of early intervention services using public and private money; (d) (I) Repealed. (II) On and after July 1, 2024, certifying early intervention service brokers for early intervention services provided pursuant to this part 4; and (e) Ensuring an appropriate allocation of payment responsibilities for early intervention services among federal, state, local, and private sources, including public medical assistance and private insurance coverage. (2) Any additional source of money that may become available for the payment of early intervention services on or after July 1, 2008, as a result of the development and implementation of a statewide, comprehensive system of early intervention services and a coordinated system of payments for early intervention services must not replace or reduce any other federal or state money available for the payment of early intervention services on or before July 1, 2008. (3) (a) Repealed. (b) On and after July 1, 2024, nothing in this part 4 inhibits, encumbers, or controls the use of local money, including county grants, revenues from local mill levies, and private grants and contributions, that a certified early intervention service broker or county government may elect to allocate for the benefit of eligible children. (4) In developing a coordinated system of payment, the department shall not directly or indirectly create a new entitlement for early intervention services funded from the state general fund. However, this subsection (4) does not prohibit any adjustments to public medical assistance required by section 25.5-1-124.

C.R.S. § 26.5-3-407 Cooperation among state agencies - implementing coordinated payment system - revisions to rules

26.5-3-407. Cooperation among state agencies - implementing coordinated payment system - revisions to rules. (1) The departments of education, health care policy and financing, and public health and environment shall cooperate with the department to implement the provisions of this part 4 and each department shall: (a) Participate in the ongoing review of funding practices for early intervention services and develop or revise procedures for a coordinated system of payment for early intervention services; (b) Use uniform forms and procedures for billing the costs of early intervention services to public medical assistance, as specified in the "Colorado Medical Assistance Act", articles 4 to 6 of title 25.5, or the "Children's Basic Health Plan Act", article 8 of title 25.5, as appropriate, and private health insurance, as specified in part 1 of article 16 of title 10; (c) Coordinate revisions to existing rules that are necessary to implement this part 4; and (d) Perform other tasks and functions necessary for the implementation of this part 4. (2) The division of insurance in the department of regulatory agencies shall provide assistance to the department related to the requirements and implementation of section 10-16-104 (1.3) and insurance laws and rules related to billing and claims handling.

C.R.S. § 26.5-3-408 Certified early intervention service brokers - duties - payment for early intervention services - fees

26.5-3-408. Certified early intervention service brokers - duties - payment for early intervention services - fees. (1) (a) Repealed. (b) On and after July 1, 2024, for each defined service area in the state, the certified early intervention service broker for the area shall: (I) Establish a registry of qualified early intervention service providers to provide early intervention services to eligible children in the defined service area. The certified early intervention service broker for a defined service area may provide early intervention services directly or may subcontract the provision of services to other qualified providers on the registry. (II) Accept and process claims for reimbursement for early intervention services provided pursuant to this part 4 by qualified providers; (III) Negotiate for the payment of early intervention services provided to eligible children in the defined service area by qualified providers, to the extent permissible under federal law; and (IV) Ensure payment to a qualified provider for early intervention services rendered by the qualified provider. (2) Certified early intervention service brokers shall use procedures and forms determined by the department to document the provision or purchase of early intervention services on behalf of eligible children. Invoices or insurance claims for early intervention services must be submitted based on the available funding source for each eligible child and the reimbursement rate for the appropriate federal, state, local, or private funding sources, including public medical assistance and private health insurance. (3) The department shall establish a schedule of fees to be charged by certified early intervention service brokers for providing broker services pursuant to this part 4. In developing the fee schedule, the department shall obtain input from certified early intervention service brokers and shall consider the duties of brokers pursuant to this part 4, the expenses incurred by brokers, and the relevant market conditions. (4) Use of a certified early intervention broker is voluntary; except that private health insurance carriers that are included pursuant to section 10-16-104 (1.3) are required to make payment in trust pursuant to section 26.5-3-409. Nothing in this part 4 prohibits a qualified provider of early intervention services from directly billing the appropriate program of public medical assistance or a participating provider, as defined in section 10-16-102 (46), or from directly billing a private health insurance carrier for services rendered pursuant to this part 4 for insurance plans that are not included pursuant to section 10-16-104 (1.3). (5) To the extent requested by the department, certified early intervention service brokers shall participate in ongoing reviews of funding practices for early intervention services and the development or revision of procedures for a coordinated system of payment for early intervention services.

C.R.S. § 26.5-3-409 Payment from private health insurance for early intervention services - trust fund

26.5-3-409. Payment from private health insurance for early intervention services - trust fund. (1) Private health insurance carriers that are required to make payment of benefits for early intervention services for which coverage is required pursuant to section 10-16-104 (1.3) shall pay benefits to the department in trust for payment to a broker or provider for early intervention services provided to an eligible child. Upon notification from the department that a child is eligible, the child's private health insurance carrier has thirty days to make payment to the department. (2) (a) When a private health insurance carrier makes payments of benefits for an eligible child to the department in trust, the money must be deposited in the early intervention services trust fund, which trust fund is created in the state treasury. Except as provided in subsection (2)(b) of this section, the principal of the trust fund must only be used to pay certified early intervention service brokers or qualified early intervention service providers for early intervention services provided to the eligible child for whom the money was paid to the department in trust by the private health insurance carrier. Except as provided in subsection (2)(b) of this section, the principal of the trust fund does not constitute state fiscal year spending for purposes of section 20 of article X of the state constitution, and the money is deemed custodial funds that are not subject to appropriation by the general assembly. (b) (I) For the 2008-09 fiscal year and each fiscal year thereafter, the general assembly shall make appropriations to the department from the principal of the early intervention services trust fund for the direct and indirect costs of administering this section. Any money appropriated to the department pursuant to this subsection (2)(b)(I) constitutes state fiscal year spending for purposes of section 20 of article X of the state constitution. (II) All interest derived from the deposit and investment of money in the early intervention services trust fund must be credited to the trust fund, may be appropriated to the department in accordance with this subsection (2)(b)(II), and constitutes state fiscal year spending for purposes of section 20 of article X of the state constitution. (c) Within ninety days after the department determines that a child is no longer an eligible child for purposes of section 10-16-104 (1.3), the department shall notify the carrier that the child is no longer eligible and that the carrier is no longer required to provide the coverage required by said section for that child. Any money deposited in the trust fund on behalf of an eligible child that is not expended on behalf of the child before the child becomes ineligible must be returned to the carrier that made the payments in trust for the child. (3) No later than March 1, 2009, and no later than April 1 each year thereafter, the department shall provide a report to each private health insurance carrier that has made payments of benefits for an eligible child to the department in trust. The report must specify the total amount of benefits paid to brokers or qualified providers for services provided to the eligible child during the prior calendar year, including the amount paid to each broker or qualified provider and the services provided to the eligible child. The department shall provide the report required by this subsection (3) at least annually and more often, as determined by the department and the carrier.

C.R.S. § 26.5-3-410 Annual report - cooperation from certified early intervention service brokers and qualified providers

26.5-3-410. Annual report - cooperation from certified early intervention service brokers and qualified providers. (Repealed)

C.R.S. § 26.5-3-501 Short title

26.5-3-501. Short title. The short title of this part 5 is the "Colorado Nurse Home Visitor Program Act".

C.R.S. § 26.5-3-502 Legislative declaration

26.5-3-502. Legislative declaration. (1) The general assembly finds that in order to adequately care for their newborns and young children, new mothers may often benefit from receiving professional assistance and information. Without such assistance and information, a young mother may develop habits or practices that are detrimental to her health and well-being and the health and well-being of her child. The general assembly further finds that inadequate prenatal care and inadequate care in infancy and early childhood often inhibit a child's ability to learn and develop throughout the child's childhood and may have lasting, adverse effects on the child's ability to function as an adult. The general assembly recognizes that implementation of a nurse home visitor program that provides educational, health, and other resources for new young mothers during pregnancy and the first years of their infants' lives has been proven to significantly reduce the amount of drug, including nicotine, and alcohol use and abuse by mothers, the occurrence of criminal activity committed by mothers and their children under fifteen years of age, and the number of reported incidents of child abuse and neglect. Such a program has also been proven to reduce the number of subsequent births, increase the length of time between subsequent births, and reduce the mother's need for other forms of public assistance. It is the intent of the general assembly that such a program be established for the state of Colorado, beginning with a limited number of participants and expanding by the year 2010 to be available to all low-income, first-time mothers in the state who consent to receiving services. (2) The general assembly further finds that, to implement such a program efficiently and effectively and to promote the successful implementation of partnerships between state public entities and the private sector, responsibility for the program should be divided between the department, which is responsible for financial administration of the program, and a health sciences facility at the university of Colorado, which is responsible for programmatic and clinical support, evaluation, and monitoring for the program, and such other responsibilities as described in this part 5. It is the intent of the general assembly that the department and the health sciences facility work collaboratively to share information in order to promote efficient and effective program implementation; however, neither entity is responsible for the other entity's statutorily prescribed duties.

C.R.S. § 26.5-3-503 Definitions

26.5-3-503. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Entity" means any nonprofit, not-for-profit, or for-profit corporation; religious or charitable organization; institution of higher education; visiting nurse association; existing visiting nurse program; county, district, or municipal public health agency; county department of human or social services; political subdivision of the state; or other governmental agency; or any combination thereof. (2) "Health sciences facility" means the Anschutz medical campus or a successor facility located at the university of Colorado health sciences center that is selected by the president of the university of Colorado pursuant to section 26.5-3-505 to assist the executive director in administering the program. (3) "Low-income" means an annual income that does not exceed two hundred percent of the federal poverty line. (4) "Master settlement agreement" means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver. (5) "Nurse" means a person licensed as a professional nurse pursuant to part 1 of article 255 of title 12 or accredited by another state or voluntary agency that the state board of nursing has identified by rule pursuant to section 12-255-107 (1)(a) as one whose accreditation may be accepted in lieu of board approval. (6) "Program" means the nurse home visitor program established in this part 5.

C.R.S. § 26.5-3-504 Nurse home visitor program - created - rules

26.5-3-504. Nurse home visitor program - created - rules. (1) (a) There is established the nurse home visitor program to provide regular in-home visiting nurse services to low-income first-time mothers, with their consent, during their pregnancies and through their children's second birthday. The program provides trained visiting nurses to help educate mothers on the importance of nutrition and avoiding alcohol and drugs, including nicotine, and to assist and educate mothers in providing general care for their children and in improving health outcomes for their children. In addition, visiting nurses may help mothers in locating assistance with educational achievement and employment. Any assistance provided through the program is provided only with the consent of the low-income first-time mother, and she may refuse further services at any time. (b) The nurse home visitor program, as it existed prior to July 1, 2022, is transferred to the department of early childhood. All rules, orders, and awards of the state board of health concerning the nurse home visitor program adopted prior to July 1, 2022, continue to be effective until revised, amended, repealed, or nullified pursuant to law. All grants in existence as of July 1, 2022, are valid through June 30, 2023, and may be extended or renewed beyond said date. (2) The program must be administered in communities throughout the state by entities selected on a competitive basis by the health sciences facility and approved by the executive director. Any entity that seeks to administer the program shall submit an application to the department as provided in section 26.5-3-506. The entities selected pursuant to section 26.5-3-507 are expected to provide services to a minimum of one hundred low-income first-time mothers in the community in which the entity administers the program; except that the executive director may grant a waiver of this requirement if the population base of the community does not have the capacity to enroll one hundred eligible families. The executive director shall consult with the health sciences facility prior to granting the waiver to ensure that the entity can implement the program within the smaller community and maintain compliance with the program requirements. A mother is eligible to receive services through the program if she is pregnant with her first child, or her first child is less than one month old, and her gross annual income does not exceed two hundred percent of the federal poverty line. (3) The executive director shall promulgate, pursuant to the provisions of article 4 of title 24, rules to implement the program. The executive director shall base the rules establishing program training requirements, program protocols, program management information systems, and program evaluation requirements on research-based model programs that have been implemented in one or more other states for a period of at least five years and have shown significant reductions in: (a) The occurrence among families receiving services through the model program of infant behavioral impairments due to use of alcohol and other drugs, including nicotine; (b) The number of reported incidents of child abuse and neglect among families receiving services through the model program; (c) The number of subsequent pregnancies by mothers receiving services through the model program; (d) The receipt of public assistance by mothers receiving services through the model program; ehavioral impairments due to use of alcohol and other drugs, including nicotine; (b) The number of reported incidents of child abuse and neglect among families receiving services through the model program; (c) The number of subsequent pregnancies by mothers receiving services through the model program; (d) The receipt of public assistance by mothers receiving services through the model program; (e) Criminal activity engaged in by mothers receiving services through the model program and their children. (4) Notwithstanding the provisions of subsection (3) of this section, the executive director shall adopt rules pursuant to which a nurse home visitation program that is in operation in the state as of July 1, 1999, may qualify for participation in the program if it can demonstrate that it has been in operation in the state for a minimum of five years and that it has achieved a reduction in the occurrences specified in subsection (3) of this section. Any program so approved is exempt from the rules adopted regarding program training requirements, program protocols, program management information systems, and program evaluation requirements so long as the program continues to demonstrate a reduction in the occurrences specified in subsection (3) of this section. (5) The department may propose to the executive director rules concerning program applications pursuant to section 26.5-3-506. Any such proposal must be made in consultation with the health sciences facility.

C.R.S. § 26.5-3-505 Health sciences facility - duties

26.5-3-505. Health sciences facility - duties. (1) The president of the university of Colorado shall identify a facility at the university of Colorado health sciences center with the knowledge and expertise necessary to: (a) Assist the executive director by selecting and presenting entities from among the applications submitted pursuant to section 26.5-3-506; (b) Provide programmatic and clinical support, evaluation, and monitoring for the program, including nurse practice support and training, clinical and programmatic technical assistance, compliance monitoring and support, program development and implementation support, and performance improvement monitoring and support, in communities throughout the state; (c) Cooperate with the department in connection with the department's financial administration of the program; and (d) Work with the state auditor's office as required in section 2-3-113 (4). (2) The health sciences facility is not responsible for the duties assigned to the department with respect to the program pursuant to section 26.5-3-507 (2)(b). (3) The health sciences facility shall perform the duties set forth in subsection (1) of this section to ensure that the program is implemented and operated according to the program training requirements, protocols, management information systems, and evaluation requirements established by department rule. The health sciences facility shall evaluate overall program implementation, operation, and effectiveness, and include that evaluation, along with any recommendations concerning the program's selected entities or changes in the program's implementation, operation, and effectiveness, including program training requirements, protocols, management information systems, or evaluation requirements, in the annual report submitted to the department pursuant to section 26.5-3-508. (4) The department shall compensate the health sciences facility for the health sciences facility's actual costs incurred in performing its duties pursuant to this part 5, as determined by the health sciences facility. Such duties and actual costs must be included in the scope of work in the agreement between the department and the health sciences facility for implementation of those duties and must include the costs incurred by any contractor or subcontractor of the health sciences facility for those duties. Such compensation must be paid out of the amount allocated for the health sciences facility's costs, in accordance with the maximum allocation of three percent of the amount annually allocated for the program pursuant to section 26.5-3-507 (2).

C.R.S. § 26.5-3-506 Program applications - requirements

26.5-3-506. Program applications - requirements. (1) An entity that seeks to administer the program in a community must submit an application to the department in accordance with department rules adopted in consultation with the health sciences facility. At a minimum, the application must specify the basic elements and procedures that the entity must use in administering the program. Basic program elements must include the following: (a) The specific training each nurse employed by the entity must receive to provide home nursing services through the program, which training must meet or exceed the visiting nurse training requirements established by department rule; (b) The protocols the entity must follow in administering the program, which protocols at a minimum must comply with the program protocols established by department rule; (c) The management information system the entity must use in administering the program, which at a minimum must comply with the management information system requirements established by department rule; (d) The reporting and evaluation system the entity must use in measuring the effectiveness of the program in assisting low-income first-time mothers, which at a minimum must meet the reporting and evaluation requirements specified by department rule; and (e) An annual report to both the health sciences facility and the community in which the entity administers the program that reports on the effectiveness of the program within the community and is written in a manner that is understandable for both the health sciences facility and members of the community. (2) Any program application submitted pursuant to this section must demonstrate strong bipartisan public support for and a long-time commitment to operation of the program in the community. (3) The department shall initially review the applications received pursuant to this section and submit to the health sciences facility for review those applications that include the basic program elements as required by department rules. Following its review, the health sciences facility shall submit to the executive director a list of the applying entities that the health sciences facility recommends to administer the program in communities throughout the state.

C.R.S. § 26.5-3-507 Selection of entities to administer the program - grants - nurse home visitor program fund - created

26.5-3-507. Selection of entities to administer the program - grants - nurse home visitor program fund - created. (1) On receipt of the list of entities recommended by the health sciences facility, the executive director shall select the entities that will administer the program in communities throughout the state. In selecting entities, the executive director shall give special consideration to entities that are proposing to administer the program as a collaborative effort among multiple entities. (2) (a) The executive director shall specify the amounts of the grants that entities selected to operate the program receive. The grants may include operating costs and additional amounts for training and development of any infrastructure, including but not limited to development of the information management system necessary to administer the program. The executive director shall determine the number of entities selected and the number of communities in which the program is implemented based on the money available in the nurse home visitor program fund created in subsection (2)(c) of this section. (b) Except as otherwise provided in section 26.5-3-508, the department is responsible for financial administration of this part 5, which includes compensating the health sciences facility pursuant to section 26.5-3-505 (4); paying grants to entities selected to administer the program; monitoring financial, contractual, and regulatory compliance; providing medicaid financing oversight; managing accounting and budgeting; and, in cooperation with the health sciences facility, managing grant applications as set forth in section 26.5-3-506. The department shall also cooperate with the health sciences facility's administration of programmatic and clinical support, evaluation, and monitoring of the program. The department is not responsible for any duties assigned to the health sciences facility with respect to the program, as described in section 26.5-3-505. (c) (I) Grants awarded pursuant to subsection (2)(a) of this section are payable from the nurse home visitor program fund, which fund is created in the state treasury. The nurse home visitor program fund, referred to in this section as the "fund", is administered by the department and consists of money transferred to the fund by the state treasurer from money received pursuant to the master settlement agreement in the amount described in subsection (2)(e) of this section. In addition, the state treasurer shall credit to the fund any public or private gifts, grants, or donations received by the department to implement the program, including any money received from the United States federal government for the program. The fund is subject to annual appropriation by the general assembly to the department for grants to entities for operation of the program. The department may retain the amount needed to pay for the program's share of the department's indirect costs, as calculated under the federally approved cost allocation plan ncluding any money received from the United States federal government for the program. The fund is subject to annual appropriation by the general assembly to the department for grants to entities for operation of the program. The department may retain the amount needed to pay for the program's share of the department's indirect costs, as calculated under the federally approved cost allocation plan. In addition, the department may retain a total of up to five percent of the amount annually appropriated from the fund for the program, in order to compensate the health sciences facility pursuant to section 26.5-3-505 (4), as set forth in the scope of work in the agreement between the department and the health sciences facility, and to compensate the department for the actual costs the department incurs in implementing subsection (2)(b) of this section, as determined by the department; except that the portion of the costs to compensate the department for implementing subsection (2)(b) of this section must not exceed two percent of the amount annually appropriated from the fund for the program, and the portion of such costs to compensate the health sciences facility pursuant to section 26.5-3-505 (4), as set forth in the scope of work in the contract between the department and the health sciences facility, must not exceed three percent of the amount annually appropriated from the fund for the program. In addition, if the total amount annually appropriated from the fund for the program exceeds nineteen million dollars, the department and the health sciences facility shall assess whether a smaller percentage of the appropriated funds exceeding nineteen million dollars is adequate to cover their actual costs and shall jointly submit to the general assembly a report articulating their conclusions on this subject. The actual costs of the department include department personnel and operating costs and any necessary transfers to the department of health care policy and financing for administrative costs incurred for the medicaid program associated with the program. The actual costs of the health sciences facility include the facility's own actual program costs and those of its contractors and subcontractors. Any costs for time studies required to obtain medicaid reimbursement for the program may be paid from program funds and are not subject to the five percent limit in this section. Notwithstanding section 24-36-114, all interest derived from the deposit and investment of money in the fund must be credited to the fund. Except as otherwise provided in subsection (2)(c)(II) of this section, all unexpended and unencumbered money in the fund at the end of any fiscal year remains in the fund and must not be transferred to the general fund or any other fund. (II) On July 1, 2020, the state treasurer shall transfer four million two hundred thirty-seven thousand three hundred seventy-five dollars from the fund to the general fund. (d) It is the intent of the general assembly that general fund money not be appropriated for implementation of the program. (e) Pursuant to section 24-75-1104.5 (1.7)(a), and except as otherwise provided in section 24-75-1104.5 (5), for the 2016-17 fiscal year and for each fiscal year thereafter so long as the state receives money pursuant to the master settlement agreement, the state treasurer shall transfer to the fund twenty-eight and seven-tenths of the master settlement agreement money received by the state, other than attorney fees and costs, during the preceding fiscal year. The transfer must be from money credited to the tobacco litigation settlement cash fund created in section 24-22-115.

C.R.S. § 26.5-3-508 Annual program review - audit

26.5-3-508. Annual program review - audit. (1) The health sciences facility shall annually prepare and submit to the department a report including an evaluation of the implementation of the program, the results achieved by the program based on the annual reports submitted by the administering entities pursuant to section 26.5-3-506 (1)(e), the extent to which the program serves medicaid-eligible persons and provides services that may be provided in part through medicaid funding, and any recommendations concerning changes to the program, including any changes that may be appropriate to enable the program to receive and maximize medicaid funding. Each program contractor and subcontractor and each entity that administers the program shall work with the health sciences facility and the department to prepare the reports required pursuant to this section and section 2-3-113 (2). Any entity that is administering the program is subject to a reduction in or cessation of funding if the executive director, based on recommendations from the health sciences facility, determines that the entity is not operating the program in accordance with the program requirements established by department rule or is operating the program in such a manner that the program does not demonstrate positive results. (2) The state auditor's office, pursuant to section 2-3-113, shall audit each entity administering the program to determine whether the entity is administering the program in compliance with the program requirements and in an effective manner. The audit must be conducted and reported in accordance with section 2-3-113.

C.R.S. § 26.5-3-601 Legislative declaration

26.5-3-601. Legislative declaration. (1) The general assembly finds and declares that: (a) Young children from low-income families often struggle to achieve the same outcomes as their peers from higher-income families because they rarely have access to the same supports, particularly those supports with a focus on the development of social-emotional skills like emotion regulation, pro-social communication, and problem solving; (b) Exposure to poverty, a stressful home environment, and delays in the development of behavioral and academic skills at a young age are strong predictors of later academic challenges, health issues, behavior problems, substance abuse, lower educational attainment, lower rates of employment, teen parenthood, and the likely recurrence of these risk factors for the next generation of children; (c) Research demonstrates that the opportunity to support positive development experiences during early childhood using evidence-based interventions that support sensitive and responsive caregiver-child interactions are linked to children's academic and social competence; and (d) Helping teachers and parents learn when and how to use these evidence-based interventions has demonstrated reductions in parental depression and increases in parental self-confidence; increases in positive family communication and problem solving; increases in children's appropriate cognitive problem-solving strategies and in the use of pro-social conflict management strategies with peers; reductions in conduct problems at home and conduct problems in school that often lead to suspension and expulsion; and increases in children's positive affect and cooperation, positive interactions with peers, school readiness, and engagement with school activities. (2) (a) The general assembly finds, therefore, that it is in the best interests of the state to authorize the department to implement proven, evidence-based, two-generation prevention programs to teach teachers and parents strategies and skills to connect with all children, especially those who demonstrate challenging behaviors; to promote children's social competence; to reduce behavior problems; and to provide programming to children to help them learn problem-solving and emotion-control skills. The goals of providing these programs are to strengthen teacher-child and parent-child relationships and promote child behavioral change, including self-regulation and decreased aggressive behavior and impulsivity. (b) The general assembly further finds that, to implement these programs efficiently and effectively and to promote successful partnerships between state agencies and the private sector, it is appropriate to divide responsibility for the programs between the department, which is responsible for financial administration of the programs, and an implementation partner, which is responsible for programmatic and clinical support, evaluation, and monitoring for the programs, and such other responsibilities as may be described in this part 6. It is the intent of the general assembly that the department and the implementation partner work collaboratively to share information as necessary to promote efficient and effective program implementation.

C.R.S. § 26.5-3-602 Definitions

26.5-3-602. Definitions. As used in this part 6, unless the context otherwise requires: (1) "Entity" means an individual local implementation site, such as a provider of early childhood services; a school district, as defined in section 22-7-1003, or a charter school, as defined in section 22-60.5-102; a community mental health center; any other governmental agency; or any combination of these entities. (2) "Grant program" means the social-emotional learning programs grant program created in section 26.5-3-603. (3) "Implementation partner" means a private entity that has extensive experience and expertise in early child care programming of the type described in section 26.5-3-603 and in implementation science and with which the department contracts pursuant to section 26.5-3-603 (2) to assist in implementing the grant program. (4) "Social-emotional learning program" means an evidence-based, two-generation program that provides training for teachers and parents in strategies and skills for connecting with all young children, especially those who demonstrate challenging behaviors, and for teaching and promoting the development of social competence and emotional self-monitoring and self-management in young children; and provides direct programming for young children in problem solving, anger control, self-monitoring of emotions, succeeding in school, and making friends.

C.R.S. § 26.5-3-603 Social-emotional learning programs grant program - created - implementation partner - application - selection - funding - rules

26.5-3-603. Social-emotional learning programs grant program - created - implementation partner - application - selection - funding - rules. (1) The social-emotional learning programs grant program is created in the department. The department shall administer the grant program in collaboration with an implementation partner selected pursuant to subsection (2) of this section. Subject to annual appropriations, the department shall award grants to entities that apply pursuant to subsection (3) of this section to provide social-emotional learning programs for young children and their parents in communities throughout the state. The executive director is authorized to promulgate rules as necessary to implement the grant program. (2) As soon as practicable after July 1, 2022, the department shall initiate a formal request for proposals process to select and contract with a Colorado-based private, nonprofit organization to serve as an implementation partner. The implementation partner shall: (a) Assist the department in selecting from among applicants those entities that receive grants to provide social-emotional learning programs pursuant to this part 6; (b) Perform community readiness assessments and provide training, coaching, and monitoring for the implementation of social-emotional learning programs by the entities that receive grants; (c) Provide ongoing quality assessments and improvement recommendations for the selected entities to ensure high-quality implementation and sustainability of social-emotional learning programs; (d) Provide to the department site-specific and statewide process and outcomes evaluations of social-emotional learning programs and the grant program as described in this section; (e) Assist the department with the financial administration of grants pursuant to this part 6 and work with the office of the state auditor as required; (f) Annually provide to each entity that receives money through the grant program a detailed data report of the entity's implementation of the social-emotional learning programs that includes an assessment of the program's success in achieving positive outcomes for children and their families and identification of areas for practice improvement; and (g) Annually prepare and submit to the department an evaluation of the outcomes of the social-emotional learning programs that entities implement using money received through the grant program. (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: (I) Include components that provide a curriculum for parents, teachers, and preschool- and kindergarten-age children; (II) Be identified by the university of Colorado as a proven, evidence-based intervention to support healthy youth development; and (III) Have been previously implemented with success by early childhood program providers in Colorado; and lum that the entity will use, which must: (I) Include components that provide a curriculum for parents, teachers, and preschool- and kindergarten-age children; (II) Be identified by the university of Colorado as a proven, evidence-based intervention to support healthy youth development; and (III) Have been previously implemented with success by early childhood program providers in Colorado; and (b) Specify whether the entity has previously provided social-emotional learning programs and, if so, the demographics of the children and families served. An applicant that has not previously provided social-emotional learning programs must work with the implementation partner to complete a community readiness assessment before submitting an application or within three months after submitting the application. (4) The department shall work with the implementation partner to review and select grantees from among the applying entities. In addition to any other selection criteria that may be identified in rules of the department, the department shall base selection of grantees on the applicant's use of a curriculum that meets the requirements specified in subsection (3)(a) of this section and on the applicant's service to under-resourced children and families who have a clearly identified need or the outcome of the community readiness assessment. The department shall pay the grants awarded through the program from money appropriated for the program pursuant to subsection (5) of this section. (5) The general assembly shall annually appropriate money to the department to implement the grant program. The general assembly may appropriate money for the grant program from the marijuana tax cash fund created in section 39-28.8-501. The department may expend a portion of the amount appropriated pursuant to this subsection (5) to pay the costs incurred in implementing the grant program, including the costs incurred in contracting with the implementation partner.

C.R.S. § 26.5-3-701 Definitions

26.5-3-701. Definitions. As used in this part 7, unless the context otherwise requires: (1) "Mental health consultant" means an early childhood mental health consultant who is funded by appropriations allocated or awarded to the department for the program and who meets the qualifications outlined in the program designed and developed pursuant to this part 7. (2) "Program" means the statewide voluntary program of early childhood mental health consultation designed, implemented, and operated by the department pursuant to this part 7.

C.R.S. § 26.5-3-702 Early childhood mental health consultation - statewide program - creation - purpose - rules

26.5-3-702. Early childhood mental health consultation - statewide program - creation - purpose - rules. (1) (a) On or before July 1, 2022, the department shall design, implement, and operate the statewide voluntary program of early childhood mental health consultation to expand and enhance current practices across the state. The department, through the program, shall support mental health in a variety of settings, including but not limited to early child care and learning, elementary schools, home visitation, child welfare, public health, and health care, including settings providing prenatal and postpartum care. (b) In designing and developing the program, the department shall work in consultation with the national center of excellence for infant and early childhood mental health consultation funded by the United States department of health and human services; nationally recognized entities that support implementation of sustainable systems or programs that focus on promoting the social, emotional, and behavioral outcomes of young children; and key stakeholders in the state, including mental health professionals, nonprofit organizations with expertise in mental health, organizations representing parents of children who would benefit from early childhood mental health consultation, hospitals and other health-care provider organizations with expertise working with children facing behavioral health and other challenges to optimal growth and development, early child care and education providers, and clinicians with expertise in infant and early childhood mental health. (c) The department shall coordinate with community-based organizations to ensure the effective implementation of the program and model of consultation established pursuant to section 26.5-3-703, as well as support the availability of resources across the state to support the program and the mental health consultants in the program in their work. (d) The executive director may promulgate rules for the design, implementation, and operation of the program. (2) The purpose of the program is to: (a) Increase the number of qualified and appropriately trained mental health consultants throughout the state who will consult with professionals working with children across a diversity of settings, as well as other adults, including family members, who directly interact with and care for children; (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 settings in addressing the healthy social-emotional developmental needs of children and families during the prenatal period through eight years of age; (c) Develop a defined model of consultation that is rooted in diversity, equity, and inclusion for the state pursuant to section 26.5-3-703 that includes qualifications and competencies for mental health consultants, job expectations, expected outcomes, and guidance on ratios between mental health consultants in the program and the settings they support; and (d) Develop and maintain a statewide professional development plan pursuant to section 26.5-3-704 that assists the mental health consultants in meeting the expectations and developing the competencies set forth in the model of consultation established pursuant to section 26.5-3-703. (3) Nothing in this part 7 creates or expands the regulatory authority of the department over mental health professionals who are not funded by appropriations made to the department for the program pursuant to this part 7.

C.R.S. § 26.5-3-703 Model of early childhood mental health consultation - standards and guidelines - qualifications

26.5-3-703. Model of early childhood mental health consultation - standards and guidelines - qualifications. (1) On or before July 1, 2022, the department shall design and develop, in consultation with the stakeholders listed in section 26.5-3-702 (1)(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: (a) Clear qualifications for mental health consultants in the program, including, at a minimum, expertise in adult and child mental health theory, practice, and services; early childhood, child development, and family systems; knowledge of, and skills to address, circumstances that affect children's behavior and mental health; knowledge of developmental science and milestones; knowledge of a consultative model of practice; and available resources and services to children and families to alleviate family stress; (b) Expectations for the placement of regional consultants that will most effectively meet local community need for mental health consultants in the program. The department shall periodically conduct an open and competitive selection process for the placement of any publicly funded mental health consultants in the program. (c) Guidance concerning the scope of work that mental health consultants in the program may provide to professionals working with young children and families, including guidance on appropriate referrals, training, coaching, prevention, and any other appropriate services; (d) Methods to increase the availability of bilingual or multilingual mental health consultants in the program and otherwise ensure the cultural competency of mental health consultants in the program and ensure that the consultant population reflects an array of characteristics and backgrounds and is reflective of the diversity of the providers, children, and families being served; (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. The model must include provisions that ensure that mental health consultants in the program may work with a diversity 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. (f) Anticipated outcomes that the program and mental health consultants in the program should achieve, including: (I) Promoting social-emotional growth and development of children; (II) Providing guidance to professionals and caregivers to effectively understand and support children's positive behavior and development; (III) Understanding the effects of trauma and adversity, including oppression, prejudice, discrimination, racism, and gender inequity, on the developing brain to ultimately reduce challenging behaviors and increase positive early experiences; (IV) Promoting high-quality interactions and relationships between children and adults; (V) Supporting the mental health and well-being of adults who care for children; (VI) Connecting and referring children, families, and providers to programs, resources, and supports that will assist them in their development and success while addressing barriers to accessing such resources and supports; (VII) Supporting equitable, inclusive outcomes for the diverse providers, children, and families throughout the state; and lth and well-being of adults who care for children; (VI) Connecting and referring children, families, and providers to programs, resources, and supports that will assist them in their development and success while addressing barriers to accessing such resources and supports; (VII) Supporting equitable, inclusive outcomes for the diverse providers, children, and families throughout the state; and (g) Guidance on appropriate ratios of mental health consultants and the settings they support, as well as caseload expectations.

C.R.S. § 26.5-3-704 Statewide professional development plan for early childhood mental health consultants

26.5-3-704. Statewide professional development plan for early childhood mental health consultants. (1) On or before July 1, 2022, the department shall develop a statewide professional development plan to support mental health consultants in the program in meeting the expectations set forth in the model of consultation described in section 26.5-3-703, referred to in this section as "the plan". In developing the plan, the department shall work collaboratively, to the extent practicable, with the national center of excellence for infant and early childhood mental health consultation funded by the United States department of health and human services. The department may implement the plan in partnership with nonprofits, institutions of higher education, and credentialing programs focused on infant and early childhood mental health. (2) The plan must include, at a minimum, training related to: (a) Trauma and trauma-informed practices and interventions; (b) Adverse childhood experiences; (c) The science of resilience and interventions to promote resilience; (d) Child development through eight years of age; (e) Caregiver substance use and effective family interventions; (f) Impact of inequity and bias on children, families, caregivers, mental health consultants, and providers, and strategies to mitigate such impact; (g) Sensory processing issues; (h) The needs of children with developmental delays and disabilities, including children born prematurely or with special health-care needs, and special education law; (i) Colorado's child protection and foster care system; (j) Occupational therapy, speech therapy, physical therapy, and mental health therapy; (k) Other public and private supports and services; (l) Early childhood social-emotional development and family systems; (m) Early childhood mental health diagnosis and effective treatment models; and (n) Consultation as a model of adult learning. (3) The plan must also: (a) Allow mental health consultants in the program to access regionally appropriate and culturally responsive programs to best link them to the children and families in their communities and their unique needs; (b) Include strategies for mental health consultants in the program to establish individualized coaching as requested by teachers, caregivers, and families; and (c) Provide opportunities for regular support meetings between mental health consultants in the program; supervisors, including reflective supervisors; and peer mental health consultants. The support meetings must include reflections on the practice impact of attitudes and values.

C.R.S. § 26.5-3-705 Statewide qualifications and competencies for early childhood mental health consultants

26.5-3-705. Statewide qualifications and competencies for early childhood mental health consultants. The department shall ensure that each mental health consultant funded through the program meets the qualifications and competencies outlined in the program as designed and developed pursuant to this part 7.

C.R.S. § 26.5-3-706 Data collection - reporting

26.5-3-706. Data collection - reporting. (1) On or before July 1, 2023, the department shall develop a statewide data collection and information system to analyze implementation data and selected outcomes to identify areas for improvement, promote accountability, and provide insights to continually improve child and program outcomes. The data collection and information system, and any related processes, must place the least burden possible on the mental health consultants in the program. In selecting the implementation data and outcomes, the department shall incorporate the variability across diverse settings and populations. (2) Notwithstanding section 24-1-136 (11)(a)(I), the department shall, beginning in 2023 and continuing every two years thereafter, 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, report on the following issues: (a) A gap analysis of the available number of mental health consultants and the unmet need in the type of settings in which mental health consultants practice in accordance with the program; and (b) Identified adjustments to better meet mental health consultant caseload, with the department identifying a target number of needed consultants in the program. (3) On or before August 1, 2026, the department shall contract with an independent third party to conduct an evaluation, using standard evaluation measures, of the program and its impact on early childhood and program outcomes across the state. The department shall present the results of the evaluation as part of 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 2028.

C.R.S. § 26.5-3-707 Funding support

26.5-3-707. Funding support. The department and the department of health care policy and financing shall explore funding options for the program and improving access to mental health consultants, including access to various funding sources, as well as the children's basic health plan, article 8 of title 25.5, and the state medical assistance program, articles 4 to 6 of title 25.5. On or before January 1, 2023, the departments shall report on any identified funding options to the joint budget committee of the general assembly as necessary thereafter, in accordance with section 24-1-136.

C.R.S. § 26.5-3-801 Legislative declaration

26.5-3-801. Legislative declaration. (1) The general assembly finds and declares that: (a) Colorado's economic recovery depends on its workforce having access to stable, high-quality, and affordable child care. Supporting the ability of Colorado's workforce to return to work during and after the COVID-19 public health emergency is estimated to have an economic enabling effect of more than four billion four hundred million dollars in income. (b) The COVID-19 public health emergency has significantly impacted Colorado's child care sector by reducing child care provider revenues while at the same time increasing expenses. Child care provider operating costs have increased to include additional daily cleaning, daily health monitoring, supplying personal protective equipment for child care workers, and lower staff-to-child ratios to allow for sufficient physical distancing. (c) In Colorado, this additional cost burden has forced ten percent of the state's child care providers to close their doors since March 2020. Almost three-quarters of all child care providers indicate they have or will engage in layoffs, furloughs, or pay cuts. For minority-owned or operated child care providers, this figure is even higher. More than twenty-five percent of existing child care providers report that closure is imminent without some kind of financial intervention. (d) Child care providers generate revenue primarily through enrollment and tuition fees and the business model depends on full enrollment; (e) At every stage of the COVID-19 public health emergency, parents have been faced with the difficult choice to pull their children from child care, either due to health concerns or because the economic recession has impacted their ability to afford it. Statewide, enrollment in child care for children less than five years of age has decreased by thirty-nine percent since the COVID-19 public health emergency began. (f) Colorado faces other ongoing threats to the child care sector's sustainability, including high turnover and low pay in the child care profession, as well as the prohibitively expensive cost of opening and operating a child care program; (g) More than half of Coloradans live in a "child care desert", where there are more than three children less than five years of age for each single available child care opening. Some rural areas completely lack licensed child care providers. Statewide, Colorado faces a dramatic shortage of at least thirty-nine thousand spots for infants and toddlers. (h) Most child care in Colorado is owned or operated by women, and more than forty percent of our child care workforce is composed of women of color. Furthermore, throughout the COVID-19 public health emergency, women of color have been more likely to be on the front lines as essential workers and are more likely to lose their jobs. (i) Despite women's steadily increasing labor participation rates and earning trajectories over the past twenty-five years, the COVID-19 public health emergency threatens to set back a generation of progress. When women exit the workforce, they face more barriers than men do to return, and their future earning potential and path to retirement security suffers. are more likely to lose their jobs. (i) Despite women's steadily increasing labor participation rates and earning trajectories over the past twenty-five years, the COVID-19 public health emergency threatens to set back a generation of progress. When women exit the workforce, they face more barriers than men do to return, and their future earning potential and path to retirement security suffers. (j) Women have been disproportionately impacted by the COVID-19 public health emergency: Almost one hundred seventy-nine thousand women left Colorado's labor force between February and May 2020, compared to eighty-eight thousand men. Nationally, four times as many women as men dropped out of the labor force in September 2020 alone. The impact of this trend on the United States' economy and the well-being of women and families is estimated to amount to approximately sixty-four million five hundred thousand dollars in lost income and economic activity. (2) (a) Therefore, the general assembly finds it is a matter of statewide concern that we take immediate action to save and protect our child care infrastructure, including offering a wide range of child care options, including but not limited to public and private child care centers, day care centers, school-age child care centers, before- and after-school programs, nursery schools, kindergartens, preschools, church day care centers, day camps, summer camps, facilities for children with intellectual and developmental disabilities, and other facilities described in section 26.5-5-303. Supporting this mixed delivery of child care enables the state to invest in its children's futures, advance gender equity in the home and the workplace, and rebuild an economy that works for all Coloradans. When Colorado families have access to child care, everyone benefits. (b) The general assembly further finds that, to assist the state's workforce in returning to work and maintaining employment without facing the difficult choice between working and accessing quality child care, it is critical that the state allocate and quickly distribute funding to existing and new child care providers throughout the state and that such actions constitute critical government services.

C.R.S. § 26.5-3-802 Child care sustainability grant program - created - timeline and criteria - grant awards - funding - definitions

26.5-3-802. Child care sustainability grant program - created - timeline and criteria - grant awards - funding - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Child care provider" means a child care center, as defined in section 26.5-5-303, or a family child care home, as defined in section 26.5-5-303, that holds an open license in good standing with the department. (b) "Eligible entity" means a licensed child care provider or a neighborhood youth organization, as defined in section 26.5-5-303, that is open and operating. (c) "Grant program" means the child care sustainability grant program created in subsection (2) of this section. (d) "Open and operating" means an eligible entity that is actively providing services or care for children and that has updated its operational status with the division within the department that is responsible for child care licensing and administration. (2) The child care sustainability grant program is created in the department. The purpose of the grant program is to address the extent to which reduced enrollment and increased costs are impacting the sustainability of licensed child care in Colorado, including licensed child care capacity and quality level. The grant program will provide financial support to eligible entities, including those that are in danger of closing. (3) The department shall create a process for soliciting, vetting, awarding, and monitoring grants, pursuant to the sole source procurement authority specified in section 24-103-205. (4) (a) The department shall develop a formula to allocate money from the grant program to all eligible entities. The key criteria for a grant award to an eligible entity is the eligible entity's licensed child care capacity. In determining grant awards, the department shall also take into consideration the criteria set forth in subsection (4)(b) of this section. The department is responsible for communicating important dates and the criteria for grant awards to eligible entities in the state. (b) The department shall consider, at a minimum: (I) Awarding grants to a wide array of eligible entities of varying types and sizes; (II) Ensuring that the grant money goes directly to eligible entities located in a variety of regions throughout the state; (III) Requiring that the eligible entity has provided written commitment to submit any reports required by the department; (IV) Supporting, as much as possible, eligible entities that are not already fully supported through existing state or federal funds, such as the head start program, as defined in section 26.5-4-103; and (V) Considering an eligible entity's quality rating through the Colorado shines system, established in section 26.5-5-101. (5) The department shall determine grant award amounts for eligible entities as soon as possible. (6) For the 2022-23 state fiscal year, the general assembly shall appropriate to the department fifty million dollars from federal funds for child care development funds for the purposes of implementing the grant program. The money appropriated in this subsection (6) is not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. Any money appropriated pursuant to this subsection (6) remains available for expenditure until the close of the 2023-24 state fiscal year.

C.R.S. § 26.5-3-803 Emerging and expanding child care grant program - created - timeline and criteria - grant awards - funding - definitions - repeal

26.5-3-803. Emerging and expanding child care grant program - created - timeline and criteria - grant awards - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Child care center" has the same meaning as set forth in section 26.5-5-303. (b) "Child care desert" means a community or area in the state where there are more than three children less than five years of age for each single available child care slot. (c) "Child care provider" or "provider" means a child care center or a family child care home that holds an open license in good standing with the department. (d) "Early childhood council" means an early childhood council identified or established locally in communities throughout the state pursuant to section 26.5-2-203. (e) "Eligible entity" means a licensed child care provider that is open and operating or an applicant actively pursuing a child care provider license through the department's child care licensing and administration unit. "Eligible entity" includes family, friends, or neighbors who provide license-exempt child care pursuant to part 3 of article 5 of this title 26.5 but who are actively obtaining a license through the division within the department that is responsible for child care licensing and administration. (f) "Expansion" means licensed child care capacity expansion, by any means, for an existing licensed child care provider. (g) "Family child care home" has the same meaning as set forth in section 26.5-5-303. (h) "Grant program" means the emerging and expanding child care grant program created in subsection (2) of this section. (h.5) "Grant recipient" means an eligible entity that receives a grant through the grant program. (i) "Open and operating" means a child care provider that is actively providing care for children and that has updated its operational status with the department's child care licensing and administration unit. (2) (a) The emerging and expanding child care grant program is created in the department. The purpose of the grant program is to expand access and availability of licensed child care throughout the state. (b) An award from the grant program may be used for costs associated with expanding an open and operating child care center or family child care home or to assist an eligible entity with start up of a new child care center or family child care home. Costs may include, but are not limited to, staff training, background check fees, cleaning supplies, educational supplies, and capital and facility improvement costs. (3) (a) The department shall create a process for soliciting, vetting, awarding, and monitoring grants through statewide early childhood councils. (b) To the extent practicable, early childhood councils may receive up to twenty-five percent of funding in advance in order to effectively administer grant funds and maintain business operations. The department shall offer technical assistance to applicants with their applications and grant recipients with implementation of their awards. The technical assistance may be offered to all eligible entities, as defined in subsection (1) of this section, and family, friend, and neighbor providers, as defined in section 26.5-3-808. The department may also provide a grant recipient with a separate grant for technical assistance to implement the goals of the recipient's grant. (4) (a) The department shall develop an application process for an eligible entity to follow when requesting a grant from the grant program. The application must include the award criteria set forth in subsection (4)(c) of this section and any applicable timelines established by the department. The department shall award grants to an eligible entity based on the eligible entity's need as well as the application criteria set forth in subsection (4)(c) of this section. ible entity to follow when requesting a grant from the grant program. The application must include the award criteria set forth in subsection (4)(c) of this section and any applicable timelines established by the department. The department shall award grants to an eligible entity based on the eligible entity's need as well as the application criteria set forth in subsection (4)(c) of this section. (b) A grant award must range from at least three thousand dollars to no more than two hundred thousand dollars. In awarding a grant, the department shall use the applicant's existing or proposed licensed child care capacity, as well as the applicant's need, as key criteria in determining the amount of the grant award and shall prioritize making multiple smaller grant awards. (c) In determining grant awards, the department shall consider eligible entities located in a child care desert. The department shall also consider eligible entities that have or are actively pursuing: (I) A fiscal agreement with the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5; (II) A commitment to engaging in quality improvement activities through the Colorado shines system, established in section 26.5-5-101; (III) A memorandum of understanding in place with their early childhood council to ensure support from the council; and (IV) An application to the division within the department that is responsible for child care licensing and administration and are working with their licensing specialist to determine capital or facility improvement or expansion needs and opportunities. (d) Eligible entities that are applying for a grant award shall: (I) Provide assurance to the department that zoning, fire, and, if applicable, health approval are underway prior to receiving grant funding; and (II) Provide a written commitment to submit any reports required by the department to demonstrate progress toward successful licensing or expansion through the division within the department that is responsible for licensing and administration. (5) On or before January 31, 2021, or as soon as practicable after December 7, 2020, the department shall begin the grant award process to eligible entities. (6) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate sixteen million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing the grant program. Of this amount, up to two million two hundred thousand dollars shall be made available to early childhood councils, as defined in section 26.5-2-202, in support of the grant program. The department may reimburse an early childhood council up to ten percent of the grant amount for allowable administrative costs of the grant program. (b) Money spent pursuant to this subsection (6) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department must either spend or obligate such appropriation in accordance with section 24-75-226 (4)(d). (c) The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5). (d) This subsection (6) is repealed, effective September 1, 2027.

C.R.S. § 26.5-3-804 Employer-based child care facility grant program - created - timeline and criteria - eligibility - grant awards - reports - funding - definitions - repeal

26.5-3-804. Employer-based child care facility grant program - created - timeline and criteria - eligibility - grant awards - reports - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Child care center" has the same meaning as set forth in section 26.5-5-303. (b) "Child care desert" means a community or area in the state where there are more than three children less than five years of age for each available child care slot. (c) "Eligible entity" means a Colorado employer or multiple employers. (d) "Grant program" means the employer-based child care facility grant program created in subsection (2) of this section. (2) There is created in the department the employer-based child care facility grant program. The purpose of the grant program is to provide eligible entities with money to construct, remodel, renovate, or retrofit a child care center on the site or near to the site of the eligible entity's property to provide licensed child care services to the eligible entity's employees, thus supporting the eligible entity's workforce participation and providing safe, stable, and quality care for the eligible entity's employees' children. (3) The department shall solicit and review grant applications from eligible entities beginning on or before June 30, 2021, and every June 30 thereafter through June 30, 2024, and begin to award grants no later than September 1, 2021, and every September 1 thereafter through September 1, 2024. Each application must include, at a minimum: (a) A business plan that includes: (I) A description of the construction, renovation, remodeling, or retrofitting of a child care center on-site or near to the site of the eligible entity; (II) A commitment to provide a financial match, as described in subsection (4) of this section; (III) A description of how the eligible entity will address the particular child care needs among the eligible entity's employees, such as nontraditional-hour care or infant and toddler care; (IV) A description of how the eligible entity will financially sustain the child care center beyond the grant period; (V) The estimated total cost and budget for the construction, renovation, remodeling, or retrofitting of the child care center; (VI) If the eligible entity leases the space to be renovated, remodeled, retrofitted, or have a new facility constructed on the property, a copy of a current, valid lease that contains specific authorizations from the property owner to make the requested alterations to the property or a written statement from the landlord expressing consent to the requested alterations; (VII) Written assurance that the eligible entity will connect its employees to resources describing available public early childhood care and education assistance; and (VIII) Any other components the department requires to adequately assess the grant application, including a commitment regarding the duration of time the eligible entity seeks to occupy the space to be renovated, remodeled, retrofitted, or constructed; (b) Written assurance that the eligible entity will obtain a child care license pursuant to part 3 of article 5 of this title 26.5; and (c) Written assurance that the employees of the eligible entity will have first priority for open slots at the child care center before those slots are offered to nonemployees. (4) Eligible entities must provide a financial match to a grant award as follows: (a) A for-profit employer shall provide a fifty percent match; and (b) A nonprofit or government employer shall provide a twenty-five percent match. (5) In determining grant awards for the grant program, the department shall consider applicants that might require waiver of child care licensing rules in the following areas: (a) A location that prevents the applicant from offering child care programs on the ground floor; and ll provide a fifty percent match; and (b) A nonprofit or government employer shall provide a twenty-five percent match. (5) In determining grant awards for the grant program, the department shall consider applicants that might require waiver of child care licensing rules in the following areas: (a) A location that prevents the applicant from offering child care programs on the ground floor; and (b) A location that prevents the applicant from providing an outdoor space. (6) In determining grant awards for the grant program, the department shall prioritize: (a) Applicants that serve a high percentage of employees with wages below the area's median income; (b) Applications with plans to meet the level four standard of the Colorado shines quality rating and improvement system, pursuant to section 26.5-5-101; (c) Applications with a stated commitment to and a business plan for a well-compensated child care staff; (d) Applications with a plan for innovative models, such as co-ops, hubs, or microcenters; (e) Applicants with a plan to serve children in child care deserts or in regions with low child care capacity; (f) Applicants with staff that represent or reflect the linguistic and cultural diversity of the families living or working in their community, including dual-language learners; and (g) Applicants whose primary industry and area of business is other than child care. (7) The department shall provide grantees with information and referrals to services that support implementation of quality care, including: (a) Training for teachers and directors on quality child care, including linguistically and culturally competent care, child development, and program improvement; and (b) Public early childhood assistance programs for families, including, but not limited to: (I) Child care subsidies; (II) Preschool and early childhood education assistance; and (III) Child nutrition programs. (8) On or before January 30, 2023, and on or before January 30, 2025, the department shall report progress on the grant program as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203. At a minimum, the report must include: (a) The number of eligible entities that received a grant through the grant program; (b) The number of children and families that received child care services as a result of the grants, reported in aggregate and by grantee; (c) The number of early childhood educators and staff hired as a result of the grant program; (d) The Colorado shines quality rating of each grantee; (e) Any innovative approaches that were used as a result of the grant program that may be replicated by other employers; and (f) Any other relevant information about the grant program, including the industry type of the entity and geographic region served by the entity. (8.5) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate ten million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section. (b) The use of money appropriated pursuant to this subsection (8.5) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d). (c) The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5). (d) This subsection (8.5) is repealed, effective September 1, 2027. (9) This section is repealed, effective September 1, 2027.

C.R.S. § 26.5-3-805 Early care and education recruitment and retention grant and scholarship program - created - criteria and eligibility - grant and scholarship awards - reports - funding - rules - definitions - repeal

26.5-3-805. Early care and education recruitment and retention grant and scholarship program - created - criteria and eligibility - grant and scholarship awards - reports - funding - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Early childhood educator" means an individual who holds an early childhood professional credential or qualification. (b) "Eligible entity" is any entity described in subsection (3) of this section. (c) "Program" means the early care and education recruitment and retention grant and scholarship program created in subsection (2) of this section. (2) There is created in the department the early care and education recruitment and retention grant and scholarship program. The department shall administer, directly or by contract, the program. The purposes of the program are to: (a) Increase the number of individuals throughout the state who are qualified to serve as early childhood educators, including qualified multilingual and culturally competent educators, in programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 that serve children five years of age or younger; and (b) Retain early childhood educators who are working in programs licensed by the department that serve children five years of age or younger. (3) The department shall establish a process for eligible entities to apply for a grant that aligns with the purposes of the program. Entities that are eligible to apply for a grant from the program include, but are not limited to: (a) Nonprofit entities that administer or plan to administer scholarship programs that are aligned with the purposes of the program; (b) Early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 and that are serving children five years of age or younger; and (c) Institutions of higher education that administer scholarship programs that are aligned with the purposes of the program. (4) The executive director may promulgate rules regarding criteria, timelines, and the administration of the program pursuant to the requirements outlined in this section. (5) The department shall seek and accept applications from eligible entities to award program grant money for eligible purposes. The department shall coordinate with the department of higher education to ensure effective administration of program grant money awarded to state public institutions of higher education. Eligible expenditures of grant or scholarship money by recipients include: (a) Administration by a nonprofit entity of a scholarship program up to a fixed dollar amount or percentage of grant proceeds, as determined and published by the department; (b) Payment of tuition, fees, and materials, including books and any other materials as determined by the department, for courses that lead to a degree or credential or for other formal training, any of which results in a recipient who was not qualified to become qualified as an early childhood educator in a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that serves children five years of age or younger; (c) Payment of tuition, fees, and materials, including books and any other materials as determined by the department, for a recipient who is already credentialed as an early childhood educator for courses that lead to a degree or a higher level credential or for other formal training, any of which results in the recipient being eligible for a higher level credential in the department's professional development information system or a higher degree or qualification that results in longer retention of the recipient in a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that serves children five years of age or younger; al or for other formal training, any of which results in the recipient being eligible for a higher level credential in the department's professional development information system or a higher degree or qualification that results in longer retention of the recipient in a child care program licensed pursuant to part 3 of article 5 of this title 26.5 that serves children five years of age or younger; (d) Payment for costs associated with a credentialed early childhood educator earning a coaching, formal trainer, mentorship, or professional development certification that allows the early childhood educator to serve as a trainer or mentor of other current or potential early childhood educators pursuing programming that leads to a credential; (e) Payments to licensed providers to cover paid release time for individuals, substitutes, and program costs to allow eligible individuals to pursue programs, course work, credentials, degrees, and other formal training that increases the number of qualified early childhood educators or retains current early childhood educators in child care programs licensed by the department pursuant to part 3 of article 5 of this title 26.5; (f) Payments to licensed providers, schools, community colleges, institutions of higher education, early childhood councils, or other local nonprofit entities to cover the costs of "grow-your-own" programs that support current parents, staff, or local community members to meet qualifications to serve as an early childhood educator to complete appropriate programs, certifications, or training that results in participants being able to serve as qualified early childhood educators in child care programs licensed by the department pursuant to part 3 of article 5 of this title 26.5; (g) Payments to licensed providers to cover the costs of promoting teachers to coaching and mentorship roles with the intent of increasing access to coaching and professional learning communities and to provide flexibility in scheduling for early childhood educators; (h) Raises, bonuses, and other financial incentives, including loan forgiveness provided by licensed early childhood educator programs or through scholarship programs, for current or potential early childhood educators to reward progress toward qualifications that allow the individual to serve as an early childhood educator in an early child care and education program licensed by the department pursuant to part 3 of article 5 of this title 26.5, or to improve retention of early childhood educators in early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5; and (i) Payments for registered apprenticeships for work-based learning opportunities for individuals interested in entering the field of early child care and education, serving children five years of age or younger, so that they can receive on-the-job training, classroom instruction, and financial rewards for gains in skills and earn credentials, credits, or higher education degrees. Any such apprenticeship program must create pathways into the early child care and education profession. The department, in consultation with the department of labor and employment, the department of higher education, and the department of education, shall: (I) Define and establish eligibility criteria for eligible entities to receive money to implement apprenticeships; (II) Establish program standards for formally recognized early childhood apprenticeship programs. These standards must address expectations for employer involvement; on-the-job training, credit, and credential attainment; ensuring the availability of relevant training and classroom instruction; rewards for skills gains; and support for local implementation; and (III) Add monetary awards for the following uses of early childhood apprenticeships, as appropriate: ildhood apprenticeship programs. These standards must address expectations for employer involvement; on-the-job training, credit, and credential attainment; ensuring the availability of relevant training and classroom instruction; rewards for skills gains; and support for local implementation; and (III) Add monetary awards for the following uses of early childhood apprenticeships, as appropriate: (A) Supporting existing apprenticeship programs or the creation of new apprenticeship programs by making money available to eligible entities; (B) Supporting existing apprenticeship programs by expanding their reach to serve more apprentices; (C) Technical assistance relating to establishing the partnerships necessary to create apprenticeships; (D) Money for the recruitment of mentor teachers; (E) Incentives for program participants; (F) Financial rewards for skills gained in the apprenticeship program; (G) Incentives for department-licensed providers to participate in apprenticeships; (H) Money to cover the costs of classroom training and instruction; (I) Money to cover the costs of earning a credential; and (J) Money to support on-the-job training. (6) (a) As part of participating in the program, the department shall require each eligible entity, as described in subsection (3) of this section, that receives grant program money to report program outcomes to the department, as applicable, including, but not limited to, the increase, as a result of the program, in the number of individuals credentialed to teach or who receive a higher level credential to teach at early child care and education programs licensed by the department pursuant to part 3 of article 5 of this title 26.5 that serve children five years of age or younger, as well as information relating to retention of early childhood educators as a result of the program. (b) So long as the department is awarding grant and scholarship money pursuant to this part 8, the department shall summarize and post, at least every two years, the information described in subsection (6)(a) of this section on the portion of the department's website relating to early childhood education. (7) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate fifteen million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing the program. The money appropriated pursuant to this subsection (7) is not subject to the requirements of the "Procurement Code", articles 101 to 112 of title 24. Five million dollars must be dedicated for home visiting workforce, early childhood mental health consultants, and early intervention providers. (b) The use of money appropriated pursuant to this subsection (7) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d). (c) The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5). (d) This subsection (7) is repealed, effective September 1, 2027.

C.R.S. § 26.5-3-806 Child care teacher salary grant program - created - timeline - criteria and eligibility - grant awards - reports - definitions

26.5-3-806. Child care teacher salary grant program - created - timeline - criteria and eligibility - grant awards - reports - definitions. (1) As used in this section, unless the context otherwise requires: (a) "CCCAP" means the Colorado child care assistance program created in part 1 of article 4 of this title 26.5. (b) "Child care center" has the same meaning as set forth in section 26.5-5-303. (c) "Eligible entity" means a child care center licensed pursuant to part 3 of article 5 of this title 26.5 or a family child care home that has the following components: (I) Authorization to serve families pursuant to CCCAP; and (II) A quality rating of at least a level three pursuant to the Colorado shines quality rating and improvement system established in section 26.5-5-101. (d) "Family child care home" has the same meaning as set forth in section 26.5-5-303. (e) "Grant program" means the child care teacher salary grant program created in subsection (2) of this section. (2) There is created in the department the child care teacher salary grant program. The purpose of the grant program is to allow eligible entities to apply for a grant to increase the salaries of its early childhood educators. (3) The department shall solicit and review applications from eligible entities. Each application must, at a minimum, include: (a) A description of the number of early childhood educators proposed to receive a salary increase; (b) Verification that the eligible entity has had a quality rating of at least level three under the Colorado shines quality rating and improvement system during the past twelve months and specification of that quality rating level; (c) Verification that the eligible entity is authorized to administer subsidies under CCCAP; (d) Verification that the eligible entity is actively serving families that are subsidized through CCCAP; and (e) Written attestation the money received from the grant program will only be used to increase salaries of early childhood educators, as specified in subsection (4) of this section. (4) The department shall establish the percentage of salary increase for each early childhood educator, based on the number of applications and available appropriations.

C.R.S. § 26.5-3-807 Community innovation and resilience for care and learning equity (CIRCLE) grant program - created - criteria - definitions

26.5-3-807. Community innovation and resilience for care and learning equity (CIRCLE) grant program - created - criteria - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Child care center" has the same meaning as set forth in section 26.5-5-303. (b) "Eligible entity" includes any one of the following: (I) A child care center or family child care home that is eligible to receive federal child care and development block grant funding pursuant to 42 U.S.C. sec. 9858; (II) A local early childhood council, as defined in section 26.5-2-202; or (III) Any other community-based or education-based entity or government agency approved by the department and that proposes grant activities described in subsection (2) of this section. (c) "Family child care home" has the same meaning as set forth in section 26.5-5-303. (d) "Grant program" means the community innovation and resilience for care and learning equity (CIRCLE) grant program created in subsection (2) of this section. (2) There is created in the department the community innovation and resilience for care and learning equity (CIRCLE) grant program. The purpose of the grant program is to address systemic challenges for early care and learning providers that have worsened as a result of the economic, social, and health impacts of the COVID-19 public health emergency and to promote innovation to improve outcomes for children and families. (3) An eligible entity may apply for a grant from the grant program for the following purposes: (a) Improving the affordability of child care for families whose children are not served by the Colorado child care assistance program, created in part 1 of article 4 of this title 26.5, including, but not limited to, any of the following approaches: (I) Tuition subsidies or scholarships; (II) Developing public-private partnerships; or (III) Employer-based cost-sharing approaches; (b) Increasing access to child care for children from birth to three years of age; (c) Strengthening business practices of child care programs; (d) Ensuring equitable access for children, including children with special needs and dual-language learner children; or (e) Other approaches to improve early childhood transitions, workforce preparation, affordability, outcomes, or innovative practices. (4) The department shall solicit and review applications from eligible entities. Each application must include, at a minimum: (a) A description of the activities for which the eligible entity will use the grant money; (b) A description of any partnerships that an eligible entity intends to establish to carry out its grant activities; (c) A description of how the activities listed in subsection (4)(a) of this section will achieve the purposes of the grant program; and (d) A detailed budget to carry out the activities listed in subsection (4)(a) of this section.

C.R.S. § 26.5-3-808 Family, friend, and neighbor support programs - advisory group - training and support program - funding - definitions - repeal

26.5-3-808. Family, friend, and neighbor support programs - advisory group - training and support program - funding - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Advisory group" means the family, friend, and neighbor advisory group created in subsection (2) of this section. (b) "Eligible entity" means a family, friend, and neighbor provider that is actively providing informal, license-exempt child care. (c) "Family, friend, and neighbor" or "FFN" means license-exempt, informal child care provided by family, friends, or neighbors in an in-home setting on a regular basis pursuant to the requirements of section 26.5-5-304 (1)(f). (d) "Training and support program" means the family, friend, and neighbor training and support program created in subsection (3) of this section. (2) (a) The family, friend, and neighbor advisory group is created in the department. The purpose of the advisory group is to advise the department on the needs of FFN providers and to make recommendations to the department on changes to regulations, policies, funding, and procedures that would benefit the FFN community. At least twenty-five percent of the members of the advisory group must reside in counties with a population below forty thousand people. (b) The department shall convene the advisory group, which must include, at a minimum: (I) Members of the FFN early childhood workforce and representatives of geographically and linguistically diverse FFN providers. To the extent practicable, the department shall ensure that the persons described in this subsection (2)(b)(I) constitute a majority of the members of the advisory group; and (II) Parents of children who receive care through FFN providers, representatives of county departments of human or social services, special education program directors, early childhood councils, the business community, private nonprofit organizations, early childhood advocacy organizations, and persons with expertise in early childhood and business practices. (c) Members of the advisory group may receive per diem compensation for attendance at meetings of the advisory group in the same amount paid to legislators pursuant to section 2-2-307 (3)(a). Members of the advisory group are also entitled to reimbursement for all actual and necessary travel and sustenance expenses directly related to their service on the advisory group. (3) (a) The family, friend, and neighbor training and support program is created in the department. The purpose of the training and support program is to support community-based organizations and nonprofit organizations that have expertise working with FFN providers to provide FFN providers with information, training, and materials, and to support FFN providers with skills and knowledge on child development, social and emotional development, and best practices and technical assistance to access existing state programs. Training programs available to eligible entities may include, but need not be limited to, the following: (I) Improving the quality of child care and child development; (II) Ensuring the health and safety of child care environments; (III) Fostering the social and emotional health of the child; (IV) Supporting children with developmental, emotional, physical, or cognitive disabilities or delays; (V) Offering culturally competent and equitable child care; (VI) Strengthening the business practices of child care; (VII) Promoting workforce development; and (VIII) Providing a high-quality early learning environment through coaching, guidance, and materials in an amount not to exceed nine hundred fifty dollars per eligible entity. l, emotional, physical, or cognitive disabilities or delays; (V) Offering culturally competent and equitable child care; (VI) Strengthening the business practices of child care; (VII) Promoting workforce development; and (VIII) Providing a high-quality early learning environment through coaching, guidance, and materials in an amount not to exceed nine hundred fifty dollars per eligible entity. (b) Technical assistance and resources for FFN providers may include, but need not be limited to, the following: (I) Navigating the state licensing and qualified exempt processes; (II) Accessing existing state funding and services; (III) Connecting to after-school programs; and (IV) Providing career navigation assistance. (c) The department may support FFN communities across the state to implement training programs that foster peer learning and provide locally specific support. (d) The department shall create and publish a public website for the FFN community to access training, technical assistance, and resources. (e) The department shall ensure that the training and support program is culturally competent and linguistically appropriate to meet the needs of the FFN community and utilizes a research- and community-informed curriculum. (4) Subject to available appropriations, the department shall make existing state programs available to the FFN community, including, but not limited to, home visitation, early intervention, early childhood mental health consultants, workforce recruitment and retention, and family resource center services. (5) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate seven million five hundred thousand dollars from the economic recovery and relief cash fund created in section 24-75-228 to the department for the purposes of implementing this section. (b) The use of money appropriated pursuant to this subsection (5) and money that originates from the ARPA refinance state money cash fund, created in section 24-75-226.5, appropriated for the same purpose, must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d). (c) The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5). (d) This subsection (5) is repealed, effective September 1, 2027. (6) The department shall report progress on the support programs as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by section 2-7-203.

C.R.S. § 26.5-3-901 Legislative declaration

26.5-3-901. Legislative declaration. (1) The general assembly finds and declares that: (a) Traditional methods of delivering family-strengthening service programs, which often require parents and their children to travel to a program site to access services delivered simultaneously to multiple families, often create barriers, such as limited access to transportation or creation of a stigma around receiving services, that prevent families, especially low-income families, from receiving the benefits of the services; (b) Evidence demonstrates that voluntary, high-quality, evidence-based programs that deliver family-strengthening support services help parents and other caregivers develop the skills and confidence needed to promote their children's healthy development and learning; (c) Home visiting is a service delivery strategy that is successfully used to deliver a wide array of high-quality, voluntary family-strengthening support services and that enables families to overcome barriers to access because the services are delivered in the home or other convenient settings, which are often selected by the family; (d) Home visiting is a service delivery strategy that can be leveraged to provide high-quality, voluntary, family-strengthening support services to more Colorado families who have fewer resources and are exposed to risk factors that may lead to poor outcomes in child development. Using home visiting to provide these services results in a strong return on investment by improving school readiness and helping Colorado's children reach their full potential. (e) Family-strengthening support services that are delivered through home visiting have also demonstrated improved family and child outcomes by promoting solid parent-child relationships, improving child and parental social-emotional and physical health, improving family economic security, identifying developmental delays early, providing timely child welfare intervention services, and preventing trauma and toxic stress. (2) The general assembly finds, therefore, that authorizing grant programs to support home visiting programs that deliver high-quality, voluntary, family-strengthening support services is one of the best strategies available to support parents and other caregivers in preparing children for future success and ensure all Colorado children are ready to learn when they arrive at school.

C.R.S. § 26.5-3-902 Definition

26.5-3-902. Definition. As used in this part 9, unless the context otherwise requires, "home visiting" means a two-generation delivery strategy that is designed to overcome barriers to accessing services by providing a comprehensive array of voluntary, evidence-based, family-strengthening services to a family in a location usually selected by the family that is congruent with the services being provided, which location may include, but need not be limited to, the family's home, a health-care setting, or a family resource center.

C.R.S. § 26.5-3-903 Family-strengthening grant programs - authorized requirements - implementation partner - rules

26.5-3-903. Family-strengthening grant programs - authorized requirements - implementation partner - rules. (1) The department is authorized to operate grant programs to support local providers in delivering high-quality, voluntary, family-strengthening support services using home visiting strategies that are designed to overcome the access barriers often created by traditional delivery strategies. The executive director may promulgate rules as necessary to implement grant programs as authorized in this section. (2) Any grant programs that the department operates pursuant to this section must be designed to award grants to family support services providers that provide a continuum of high-quality, voluntary, family-strengthening support services that: (a) Serve families at some point during the period that extends from pregnancy through the child's enrollment in early elementary school grades; (b) Are evidence-based and have demonstrated significant positive outcomes in one or more of the following areas: (I) Child development and school readiness; (II) Family economic self-sufficiency; (III) Maternal and child health; (IV) Reductions in child maltreatment; (V) Family linkages and referrals to resources; and (VI) Positive parenting practices; and (c) Are delivered using a home visiting strategy to provide family services that is based on a national model for home visiting services or has been otherwise proven effective in overcoming barriers to accessing services. (3) In implementing a family-strengthening grant program pursuant to this section, the department shall contract with an implementation partner. If a grant program is based on a national model for delivering family-strengthening services, the department shall contract with a local public or private entity that is certified, or otherwise authorized, to lead in implementing the national model in the state, to act as the implementation partner. If a grant program is not based on a national model, the department shall issue a request for proposals to select an implementation partner. The public or private entity that the department selects must, at a minimum, have demonstrated experience and expertise with home visiting and the types of family-strengthening services that meet the purpose of the grant program. The duties of an implementation partner may be established by department rule and may vary based on the purpose of a particular grant program, but must, at a minimum, include: (a) Assisting the department in reviewing applications and selecting grantees; and (b) Working with applicants to complete a community readiness assessment when needed. (4) This part 9 does not apply to nor affect implementation of the "Colorado Nurse Home Visitor Program Act", part 5 of this article 3.

C.R.S. § 26.5-3-904 Home visiting grant program - authorized requirements - implementation partner - rules - definition - repeal

26.5-3-904. Home visiting grant program - authorized requirements - implementation partner - rules - definition - repeal. (1) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate to the department one million dollars from the economic recovery and relief cash fund created in section 24-75-228 for purposes of implementing the home visiting grant program. For the purposes of this section, "home visiting" means a voluntary, evidence-based, two-generation, and home-based prevention program for families with children from prenatal to six years of age. The home visiting grant program must support school readiness, social-emotional growth, and age-appropriate child development and be delivered by a trained home visitor. The home visiting grant program must be prioritized to expand access to populations that are underserved by language, culture, or geography. (b) The use of money appropriated pursuant to this subsection (1) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d). (c) The department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5). (2) This section is repealed, effective September 1, 2027.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-26.5.docxFetched: 10/6/2026

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