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Home Daycare License Requirements in Colorado (2026)
Opening a home daycare in Colorado means getting a family child care home license from the Colorado Department of Early Childhood (CDEC), Division of Early Learning, Licensing, and Administration (DELLA). Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.
In brief — Colorado
- Licensing agency
- Colorado Department of Early Childhood (CDEC), Division of Early Learning, Licensing, and Administration (DELLA)
- Program / rule
- 8 CCR 1402-1 — CHILD CARE FACILITY LICENSING RULES AND REGULATIONS. Within it, a family child care home is governed by three chapters at once, and the rule says so itself at section 2.302: "All primary providers must comply with the 'General Rules for Child Care Facilities' in rule section 2.100, 'Rules Regulating Family Child Care Homes' in this rule section 2.300, and the 'Rules Regulating Special Activities' in rule section 2.600." THE THREE CHAPTERS, AND WHAT EACH ONE DOES. Sections 2.100 through 2.138, the General Rules, carry everything that is not specific to the setting: the application process and licence types (2.105–2.111), licensing exemptions (2.112), civil penalties and injunctions (2.113), the three kinds of appeal and waiver (2.114–2.118), civil rights (2.119), the two background checks (2.120–2.121), fire/health inspections and zoning (2.122), governing body (2.123), critical-incident and change reporting (2.124), complaint information (2.125), child abuse reporting and investigation (2.126), posting (2.127), records and confidentiality (2.128–2.130), perjury notice on employment applications (2.131), tobacco (2.132), and emergency and disaster preparedness (2.133–2.138). Section 2.103 confirms the reach: "The provisions of these rules and regulations shall be applicable to Family Child Care Homes 2.300, Child Care Facilities 2.200, School Age Child Care 2.500, Substitute Placement Agencies 2.800, Neighborhood Youth Organizations 2.700, and Children's Resident Camps 2.400, licensed and regulated by the Colorado Department of Early Childhood." Sections 2.300 through 2.338, the Rules Regulating Family Child Care Homes, are the setting-specific chapter: authority (2.301), scope (2.302), applicability (2.303), 101 definitions (2.304), the five licence types (2.305–2.310), personnel and residents of the home (2.311), training (2.312), records for equally qualified providers, qualified substitutes and staff (2.313), emergency substitutes (2.314), volunteers (2.315), statement of policies (2.316), communication/emergency/security procedures including release of children, sign in/out and visitors (2.317), administrative records and reports (2.318), admission procedure (2.319), children's records (2.320), health care (2.321), emergency medical care (2.322), control of communicable illness (2.323), personal hygiene, handwashing, diapering (2.324), meals and snacks (2.325), feeding infants (2.326), supervision (2.327), physical care (2.328), sleep and waking time (2.329), overnight care (2.330), guidance (2.331), learning activities (2.332), materials (2.333), screen time and media use (2.334), general premises requirements (2.335), indoor requirements (2.336), outdoor requirements (2.337) and transportation (2.338). Sections 2.600 through 2.619, the Rules Regulating Special Activities, apply only if you do the listed activities: swimming (2.606), shoreline and wading (2.607), watercraft (2.608–2.610), archery (2.611), riflery (2.612), ax-throwing (2.613), knives (2.614), horseback riding (2.615), rock climbing and climbing walls (2.616–2.617), ropes courses and ziplines (2.618) and hiking (2.619). Most home providers touch this chapter only through the paperwork it triggers — section 2.320(A)(11) requires "Written authorization for special activities as defined in rule section 2.600 of the 'Rules Regulating Special Activities'" in each child's admission record. There is a fourth chapter that reaches homes obliquely. Sections 2.800–2.813 govern substitute placement agencies, and section 2.809 sets "FAMILY CHILD CARE HOME SUBSTITUTE QUALIFICATIONS" separately for a regular home, an infant/toddler home and a large home — see "ratios" below. WHICH TEXT IS IN FORCE TODAY, AND HOW THAT WAS ESTABLISHED. On 25 August 2026, the Secretary of State's rule-information page for 8 CCR 1402-1 (ruleId 3433, Department of Early Childhood, Division of Early Learning, Licensing, and Administration) lists as "Current version" a single entry: effective date 02/14/2026, filing type Permanent Rule, adopted 12/18/2025, published in the Colorado Register 01/25/2026, eDocket tracking number 2025-00560. Below it, "Archived versions" lists 02/14/2025 (Permanent, adopted 12/19/2024, eDocket 2024-00575), 01/01/2025 (Emergency, adopted 11/21/2024, eDocket 2024-00580), 08/30/2024 (Permanent, adopted 06/27/2024, eDocket 2024-00233), 03/16/2024 (Additional Permanent Rule, adopted 01/22/2024, eDocket 2024-00038), 02/14/2024 (Permanent, adopted 12/18/2023, eDocket 2023-00761) and 12/15/2023 (Permanent, adopted 10/27/2023, eDocket 2023-00618). Seven versions in twenty-seven months. Colorado amends this rule set two or three times a year; an entry that pins a file and never re-reads the index will be wrong within a year, and will never notice. The page also states the hierarchy between formats, which matters if you download the accessible copy: "The PDF document constitutes the official version of the rule and shall govern in all cases. The Word document is provided as an accessible alternative." WHICH PARTS OF THAT CURRENT TEXT ARE OLD TEXT. The version date on the cover is not the date your chapter last changed. The Editor's Notes at the end of the current document set out the history section by section: "Entire rule new rule re-adopted from 12 CCR 2509-8 eff. 12/15/2023. / Rules 2.700-2.720 eff. 02/14/2024. / Rules 2.300-2.338 eff. 03/16/2024. / Rules 2.111 C, 2.500-2.537 eff. 08/30/2024. / Rules 2.227 B, 2.338 C, 2.417 B, 2.517 B, 2.718 B emer. rules eff. 01/01/2025. / Rules 2.227 B, 2.338 C, 2.400, 2.517 B, 2.600, 2.718 B eff. 02/14/2025. / Rules 2.204, 2.206, 2.207, 2.208 C-D, 2.210 A.4, 2.212 D, 2.212 F, 2.212 K, 2.213, 2.214, 2.215, 2.216 A.1, 2.217 A.8.a, 2.217 C, 2.219 B.1.a, 2.219 B.3-4, 2.220 B.1, 2.221 A, 2.223 C.1, 2.223 C.3.a, 2.230 C.2.b, 2.230 C.8, 2.230 E, 2.232 B.1.a, 2.235, 2.243 A, 2.243 B.3, 2.243 C, 2.244, 2.245, 2.423 B, 2.423 D.2, 2.425 I-J, 2.526 A, 2.537, 2.537 F.9, 2.620 B.4-5 eff. 02/14/2026." Immediately above the Editor's Notes the document also carries a block of chapter-level dates: "Rule sections 2.100-2.138 eff. December 30, 2023. Rule sections 2.200-2.243 eff. December 30, 2023. Rule sections 2.400-2.425 eff. December 30, 2023. Rule sections 2.500-2.528 eff. December 30, 2023. Rule sections 2.600-2.618 eff. December 30, 2023. Rule sections 2.800-2.813 eff. December 30, 2023." Two operative conclusions for a family child care home. First, your chapter — sections 2.300 through 2.338 — has an effective date of **16 March 2024** and has not been amended since. The 02/14/2026 filing that gives the current document its cover date touched thirty-odd sections, every one of them in the centre chapter (2.2xx), the camp chapter (2.4xx), the school-age chapter (2.5xx) or the special-activities chapter (2.620). Not one of them is in 2.300–2.338, and not one is in 2.100–2.138. Second, your General Rules chapter carries **30 December 2023** as its chapter date, with a single later amendment: section 2.111(C) — the fee table — took effect 30 August 2024. So the numbers you will pay were set in 2024, and everything else in the General Rules was set at the end of 2023. That combination is the reason a Colorado entry has to be checked against the legislature and not only against the code. The rule text a provider is governed by was written in 2023 and 2024. Two full legislative sessions have run since. What they did is set out next. WHAT THE 2026 GENERAL ASSEMBLY DID THAT THE RULES DO NOT YET REFLECT. Two acts of the 2026 Regular Session became law after the current rule text was adopted on 18 December 2025, and neither appears in it. SENATE BILL 26-020, "Child Care Provider Licensing & Quality," signed act posted 06/02/2026, prime sponsors Senators Bright and Ball and Representatives Sirota and Gonzalez R. Its long title: "CONCERNING MEASURES RELATED TO CHILD CARE PROVIDER LICENSING, AND, IN CONNECTION THEREWITH, INCREASING RELIANCE ON TRAINED PERSONNEL FROM THE DEPARTMENT OF EARLY CHILDHOOD, IMPOSING CERTAIN REQUIREMENTS IN CONNECTION WITH REGULATION BY LOCAL GOVERNING AUTHORITIES, AND CREATING A TASK FORCE." It does four things. (1) Section 1 adds a brand-new statute, C.R.S. § 26.5-5-333, "Professional development information system records - rules": "THE EXECUTIVE DIRECTOR SHALL ADOPT RULES CONCERNING REQUIREMENTS FOR FACILITIES LICENSED PURSUANT TO THIS PART 3 TO MAINTAIN UP-TO-DATE EMPLOYEE RECORDS IN THE PROFESSIONAL DEVELOPMENT INFORMATION SYSTEM ADMINISTERED BY THE DEPARTMENT PURSUANT TO SECTION 26.5-1-106 (1)(a)(I)." Two things follow. First, section 26.5-5-333 exists — which means the family child care home chapter's own authority clause at section 2.301, describing the Child Care Licensing Act as "sections 26.5-5-301 through 26.5-5-329, C.R.S.," now understates the Act by at least four sections (SB26-020 also added § 26.5-5-322.5). Second, a rule requiring homes to keep employee records current in the Colorado Shines Professional Development Information System is *coming*, and is not yet written: no version of 8 CCR 1402-1 later than 02/14/2026 appears on the Secretary of State's index. (2) Section 2 amends C.R.S. § 26.5-5-316(3)(a) and adds (III) and (IV). The new (III): "NOTWITHSTANDING SUBSECTION (3)(a)(I) OF THIS SECTION, ON OR BEFORE JULY 1, 2026, THE DEPARTMENT SHALL, WHERE FEASIBLE, BEGIN PHASING OUT ITS RELIANCE ON PERSONS AUTHORIZED OR CONTRACTED PURSUANT TO SUBSECTION (3)(a)(I) OF THIS SECTION TO PROVIDE THE TYPES OF SERVICES THE DEPARTMENT'S LICENSING SPECIALISTS PROVIDE IN CONNECTION WITH THE INVESTIGATION AND INSPECTION OF THE FACILITIES APPLYING FOR AN ORIGINAL OR RENEWAL LICENSE OR APPLYING FOR A PERMANENT LICENSE FOLLOWING THE ISSUANCE OF A PROBATIONARY OR PROVISIONAL LICENSE PURSUANT TO THIS PART 3, AND SHALL PRIORITIZE THE USE OF LICENSING SPECIALISTS EMPLOYED BY THE DEPARTMENT TO PROVIDE THE SERVICES. NOTHING IN THIS SUBSECTION (3)(a) REQUIRES THE DEPARTMENT TO PHASE OUT ITS RELIANCE ON PERSONS AUTHORIZED OR CONTRACTED TO PERFORM HEALTH AND SANITATION INSPECTIONS AND RELATED PLAN REVIEWS REQUIRED AS PART OF THE CHILD CARE LICENSING PROCESS AND CONDUCTED BY THE DEPARTMENT OR A LOCAL PUBLIC HEALTH AGENCY." The new (IV) requires the Department to "ESTABLISH STANDARDIZED TRAINING, PROTOCOLS, AND SUPERVISION FOR DEPARTMENT PERSONNEL AND ANY PERSONS AUTHORIZED OR CONTRACTED ... TO PROMOTE CONSISTENCY IN THE INTERPRETATION AND APPLICATION OF LICENSING REQUIREMENTS AND THE STANDARDIZATION OF INVESTIGATIONS AND ENFORCEMENT ACTIONS ACROSS THE STATE." In plain terms: from 1 July 2026 the person who inspects your home is meant to be a CDEC licensing specialist rather than a delegated county or contractor, wherever feasible. (3) Section 3 adds C.R.S. § 26.5-5-310(1)(c), which is the provision a home provider fighting a municipality will care about most: "NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO THE CONTRARY, THE AVAILABILITY OF SAFE, AFFORDABLE, AND LICENSED FAMILY CHILD CARE HOMES AND LICENSED CHILD CARE CENTERS IS A MATTER OF STATEWIDE CONCERN. THEREFORE, PERMITTING FRAGMENTED REGULATION AMONG JURISDICTIONS IMPEDES AND INFRINGES UPON THE DEPARTMENT'S APPROPRIATE AND CONSISTENT LICENSING AND REGULATION OF FAMILY CHILD CARE HOMES AND CHILD CARE CENTERS THROUGHOUT THE STATE. ACCORDINGLY, A LOCAL GOVERNING AUTHORITY THAT IMPOSES REQUIREMENTS IN ADDITION TO THE STATE-LEVEL LICENSING STANDARDS REQUIRED PURSUANT TO THIS PART 3 RELATED TO THE INSPECTION, PERMITTING, LICENSING, OR APPROVAL OF A CHILD CARE CENTER OR FAMILY CHILD CARE HOME SHALL: (I) PRIORITIZE THE INSPECTION, PERMITTING, LICENSING, OR APPROVAL PROCESS OF A CHILD CARE CENTER OR FAMILY CHILD CARE HOME WITH WHICH THE LOCAL GOVERNING AUTHORITY HAS HAD A DISPUTE OR CAUSED A DELAY, TO COMPLETE THE INSPECTION, PERMITTING, LICENSING, OR APPROVAL PROCESS TO THE EXTENT REASONABLY PRACTICABLE; AND (II) LIMIT, TO A REASONABLE MAXIMUM ESTABLISHED BY DEPARTMENT RULE, THE FEES ASSOCIATED WITH ANY CHILD CARE CENTER'S OR FAMILY CHILD CARE HOME'S INSPECTION, PERMIT, LICENSE, OR APPROVAL THAT IS REQUIRED ... BY THE LOCAL GOVERNING AUTHORITY BUT THAT IS NOT REQUIRED BY THE STATE-LEVEL LICENSING STANDARDS ESTABLISHED IN THIS PART 3; EXCEPT THAT THIS LIMITATION DOES NOT APPLY TO FEES ASSOCIATED WITH HEALTH AND SANITATION INSPECTIONS AND RELATED PLAN REVIEWS REQUIRED AS PART OF THE CHILD CARE LICENSING PROCESS AND CONDUCTED BY THE DEPARTMENT OR A LOCAL PUBLIC HEALTH AGENCY." Note the hinge: the cap on local fees is "TO A REASONABLE MAXIMUM ESTABLISHED BY DEPARTMENT RULE," and that rule does not exist yet in 8 CCR 1402-1. The duty to prioritise a delayed or disputed local process, however, is self-executing. (4) Section 4 adds C.R.S. § 26.5-5-322.5, creating the child care licensure task force "IN THE DEPARTMENT TO STUDY AND DEVELOP RECOMMENDATIONS RELATED TO THE CHILD CARE LICENSURE SYSTEM IN COLORADO." Its membership, appointed by the President of the Senate, the Speaker, both minority leaders and the Governor, expressly includes "A CHILD CARE PROVIDER FROM A LICENSED FAMILY CHILD CARE HOME" and "THE PARENT OF A CHILD CARED FOR IN A LICENSED CHILD CARE CENTER OR LICENSED FAMILY CHILD CARE HOME." Initial appointments were due "NO LATER THAN JULY 1, 2026"; the first meeting convenes once sufficient gifts, grants and donations are received "OR AUGUST 1, 2026, WHICHEVER IS LATER"; the task force "SHALL MEET AT LEAST FOUR TIMES IN 2026"; it must "UNDERTAKE A COMPREHENSIVE REVIEW OF THE STATE'S CHILD CARE LICENSING REQUIREMENTS AND PROCESSES FOR CHILD CARE CENTERS AND FAMILY CHILD CARE HOMES" and "DEVELOP RECOMMENDATIONS FOR DESIGNING A STREAMLINED LICENSURE SYSTEM"; and it must report "ON OR BEFORE JANUARY 1, 2027" to the House and Senate health and human services and education committees, the Governor and the Department. Section 26.5-5-322.5 "IS REPEALED, EFFECTIVE JULY 1, 2028," and the whole section is funded only by gifts, grants and donations — "THE GENERAL ASSEMBLY SHALL NOT APPROPRIATE MONEY FROM THE GENERAL FUND FOR THE IMPLEMENTATION OF THIS SECTION" — so its work is conditional. What a provider should take from it: Colorado's licence categories for homes are formally under review, with a report due 1 January 2027. SB26-020 carries a safety clause — "the general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions" — which under the Colorado Constitution means it takes effect on the Governor's approval rather than after the referendum window. HOUSE BILL 26-1259, "Department of Early Childhood Clean-Up," signed act posted 05/05/2026, prime sponsors Representative Sirota and Senators Marchman and Bridges. Its section 15: "This act takes effect upon passage; except that section 26.5-4-204 (6) introductory portion, Colorado Revised Statutes, as amended in section 11 of this act, and section 26.5-4-204 (6.5), Colorado Revised Statutes, as enacted in section 11 of this act, take effect July 1, 2027." Section 16 is a safety clause. Two of its sections matter to a home provider directly. Section 12 amends C.R.S. § 26.5-5-304, "Application of part - definition," in two ways. It broadens the exemption for externally regulated facilities to cover tribal governments: "(b) A child care facility that is approved, certified, or licensed by any other state agency, BY A TRIBAL GOVERNMENT DEPARTMENT OR AGENCY, or by a federal government department or agency, that has standards for operation of the facility and inspects or monitors the facility". And — the consequential one — it repeals subsection (1)(f)(IV), which had read "This subsection (1)(f) is repealed, effective September 1, 2026." That is dealt with in full under "home_type_definition," because it decides whether a large slice of Colorado's unlicensed home care remains legal. Section 13 amends C.R.S. § 26.5-5-316(4), the record-keeping and confidentiality provision that applies to "Every facility licensed ... PURSUANT TO this part 3" — your home included: "EXCEPT AS REQUIRED BY A COURT-ISSUED SUBPOENA OR ORDER, the facility and the department shall keep all IDENTIFYING records regarding children and all IDENTIFYING facts learned about children and their relatives confidential. NOTWITHSTANDING ANY PROVISION OF PART 2 OF ARTICLE 72 OF TITLE 24 TO THE CONTRARY, THE DEPARTMENT AND THE FACILITY SHALL NOT RELEASE INDIVIDUAL CHILD-LEVEL DATA THAT ALLOWS FOR THE IDENTIFICATION OF A SPECIFIC CHILD OR RELATIVE; EXCEPT THAT INDIVIDUAL CHILD-LEVEL DATA THAT ALLOWS FOR THE IDENTIFICATION OF A SPECIFIC CHILD OR RELATIVE MAY BE RELEASED TO THE PERSON IN INTEREST, AS DEFINED IN SECTION 24-72-202." That is a statutory confidentiality duty stronger than the rule's own section 2.318(E), and it overrides the Colorado Open Records Act by name. Section 14 of HB26-1259 also rewrites the definition of "institutional abuse" in C.R.S. § 19-1-103(86)(c) so that it reaches "a facility licensed pursuant to part 3 of article 5 of title 26.5" generically, replacing the previous phrasing that singled out "family child care home." A drafting tidy-up, but it is the reason a family child care home now falls inside "institutional abuse" by class rather than by name. TWO OLDER ACTS THAT STILL DECIDE WHERE YOU MAY OPERATE. Neither is reproduced in 8 CCR 1402-1, and both are worth more to a prospective provider than most of the rule text. HOUSE BILL 21-1222, "CONCERNING ALIGNING LOCAL GOVERNING AUTHORITY REGULATIONS TO EXPAND OPPORTUNITIES TO ACCESS CHILD CARE IN FAMILY CHILD CARE HOMES," added what is now C.R.S. § 26.5-5-310(1)(b). Its legislative declaration is unusually blunt about the problem it was solving: "Zoning, land use development, building, and fire standards that vary across the state and that treat family child care homes differently from family residences are difficult for providers to meet, create undue hardship and barriers to entry, and negatively impact the number of providers willing and able to offer licensed child care." The operative text: "NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION TO THE CONTRARY, THE AVAILABILITY OF SAFE, AFFORDABLE, AND LICENSED FAMILY CHILD CARE HOMES IS A MATTER OF STATEWIDE CONCERN. ... ACCORDINGLY, LOCAL GOVERNING AUTHORITIES SHALL TREAT FAMILY CHILD CARE HOMES AS RESIDENTIAL PROPERTY USE IN THE APPLICATION OF LOCAL REGULATIONS, INCLUDING ZONING, LAND USE DEVELOPMENT, FIRE AND LIFE SAFETY, SANITATION, AND BUILDING CODES. LOCAL GOVERNING AUTHORITIES SHALL NOT IMPOSE ANY ADDITIONAL REGULATIONS GOVERNING FAMILY CHILD CARE HOMES THAT DO NOT ALSO APPLY TO OTHER RESIDENTIAL PROPERTIES, PROVIDED THAT THE FOREGOING DOES NOT RESTRICT AN AUTHORITY'S ABILITY TO PROHIBIT, ON A CASE-BY-CASE BASIS, THE OPERATION IN IMMEDIATELY ADJACENT RESIDENCES OF TWO OR MORE LARGE FAMILY CHILD CARE HOMES, AS THAT TERM IS DEFINED BY RULES BY THE DEPARTMENT THAT GOVERNS THE OPERATION OF FAMILY CHILD CARE HOMES, OR TO MANAGE THE FLOW OF TRAFFIC AND PARKING RELATED TO ADJACENT LARGE FAMILY CHILD CARE HOMES. RESIDENTIAL USE OF PROPERTY FOR ZONING PURPOSES INCLUDES ALL FORMS OF RESIDENTIAL ZONING AND, SPECIFICALLY, ALTHOUGH NOT EXCLUSIVELY, SINGLE-FAMILY RESIDENTIAL ZONING." Two exceptions and no others: adjacent LARGE homes may be prohibited case by case, and traffic and parking around adjacent large homes may be managed. Everything else a municipality tries to impose on a family child care home that it does not impose on any other house is outside its power. HB21-1222 was enacted when the licensing department was still Human Services — its section 3 amended C.R.S. § 26-6-106(1)(a) and speaks of "the state board of human services" — which is a reminder that the substance survived the reorganisation while the department names in the enacting text did not. SENATE BILL 20-126, "CONCERNING THE OPERATION OF A LICENSED FAMILY CHILD CARE HOME IN A COMMON INTEREST COMMUNITY," added C.R.S. § 38-33.3-106.5(1)(k). The section it sits in begins: "Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following:" and paragraph (k)(I) as enacted read "THE OPERATION OF A FAMILY CHILD CARE HOME, AS DEFINED IN SECTION 26-6-102 (13), THAT IS LICENSED UNDER PART 1 OF ARTICLE 6 OF TITLE 26." Those cross-references have since been conformed to the reorganisation — the current codified text points to section 26.5-5-303 and part 3 of article 5 of title 26.5. The limits, as enacted: the protection "DOES NOT SUPERSEDE ANY OF THE ASSOCIATION'S REGULATIONS CONCERNING ARCHITECTURAL CONTROL, PARKING, LANDSCAPING, NOISE, OR OTHER MATTERS NOT SPECIFIC TO THE OPERATION OF A BUSINESS PER SE"; "THE ASSOCIATION SHALL MAKE REASONABLE ACCOMMODATION FOR FENCING REQUIREMENTS APPLICABLE TO LICENSED FAMILY CHILD CARE HOMES"; it "DOES NOT APPLY TO A COMMUNITY QUALIFIED AS HOUSING FOR OLDER PERSONS UNDER THE FEDERAL 'HOUSING FOR OLDER PERSONS ACT OF 1995'"; and the association "MAY REQUIRE THE OWNER OR OPERATOR OF A FAMILY CHILD CARE HOME ... TO CARRY LIABILITY INSURANCE, AT REASONABLE LEVELS DETERMINED BY THE ASSOCIATION'S EXECUTIVE BOARD," with the association "NAMED AS AN ADDITIONAL INSURED" and that cover "PRIMARY TO ANY INSURANCE THE ASSOCIATION IS REQUIRED TO CARRY UNDER THE TERMS OF THE DECLARATION." Read the fencing sentence against rule 2.337(A)(2), which requires "at least a forty-two inch (42) fence with slats no more than four (4) inches apart, or a natural barrier": SB20-126 is the reason an HOA that forbids fences must accommodate yours, and the reason it may nonetheless make you insure the association. WHAT KIND OF CREDENTIAL THIS IS. A licence, not a registration or certification. Colorado has no voluntary registration tier for home-based care: either you are exempt under section 2.112 and C.R.S. § 26.5-5-304, or you hold a licence. Section 2.112(A) states it in one line: "A license must be obtained before care begins unless such care is exempt as set forth below." Operating without one is expensive. Section 2.113(A)(2): "Prior to receipt of a cease and desist order ... any unlicensed child care facility may be fined up to $250 a day for the first day, $500 for the second day, and $1,000 a day for the third and subsequent days, to a maximum of $10,000 for each violation." Section 2.113(A)(3): "For providing child care for which a license is required after receipt of a cease and desist order, an unlicensed facility shall be fined up to $500, a sentence of up to 10 days in jail, or both." And section 2.113(B) adds injunctive proceedings.
- Maximum group size
- SIX ON A REGULAR LICENCE — TWELVE AT THE ABSOLUTE CEILING, NINE AS AN EXPERIENCED PROVIDER, FOUR OR EIGHT IN AN INFANT/TODDLER HOME — AND YOUR OWN CHILDREN UNDER TEN ARE INSIDE EVERY ONE OF THOSE NUMBERS. Colorado does not set a "group size" separately from capacity, because a family child care home is one group. The licensed capacity is the group size. What varies is which capacity your licence type buys and what age mix it permits inside it. The five numbers, from the rule text: — Regular family child care home, section 2.306(A): six children birth to eighteen, no more than two under eighteen months, plus under (A)(1) "no more than two (2) additional school-age children attending kindergarten through twelfth (12) grade." Eight children may be present; the licensed capacity is six. — Three under eighteen months home, section 2.307(A): six children, no more than three under eighteen months and no more than two of those under twelve months, and under (A)(5) "The care of additional children of school age is not authorized." Six present, hard. — Infant/toddler home, section 2.308(A)(1)-(2): four with one provider aged at least twenty-one, no more than two under twelve months; or eight with two equally qualified providers aged at least twenty-one and eighteen, no more than four under one year. All children birth to three. — Large family child care home, section 2.309(A): twelve children birth to eighteen, no more than two under eighteen months, with a second qualified adult required under (A)(4) "When more than eight (8) children are present." — Experienced family child care provider, section 2.310(A)(3): nine under Options 1 through 4 (7+2, 8+1, 5+4 and 6+3 school-age children respectively), or four under Option 5. THE COUNTING RULE THAT OVERRIDES ALL FIVE. Section 2.305(A): "The providers own birth, adopted, step or foster children ten (10) years of age and older do not count in the provider's license capacity." Section 2.306(A)(2): "Residents of the home under ten (10) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity, except where specifically indicated otherwise." The options chart at section 2.310(A)(3) restates it for the experienced provider licence in a single closing line: "All options include provider's own children under ten (10) years of age." A provider with a three-year-old and a seven-year-old of her own therefore has four paid places on a regular licence, not six. On the day her seven-year-old turns ten, she has five. On the day her three-year-old turns ten, she has six. Colorado's home capacity is a function of the provider's own family calendar. TWO CEILINGS, NOT ONE. Whatever your licence type permits, section 2.305(A)(1) puts space first: "The capacity for a family child care home ... is determined by the amount of indoor and outdoor space designated for child care, as well as the below factors." Section 2.336(A)(1) requires "at least thirty-five (35) square feet of floor space per child" of open, uncluttered, safe indoor play space, exclusive of hallways, bathrooms, stairways, closets, laundry rooms, furnace rooms and the footprint of built-in cabinets and permanent shelving. Section 2.337(A)(1) requires "At least seventy-five (75) square feet of useable outdoor play space ... for each child in care," fenced to at least forty-two inches under section 2.337(A)(2). The number on your licence is the lower of what your type allows and what your square footage supports. Even children who are not in your care compete for that footage. Section 2.327(E)(2) permits the provider to have other children over periodically only if "The square footage requirements for the family child care home accommodates all children present." CHANGING THE NUMBER. Section 2.124(A)(3)(a) requires written notification and PRIOR Department approval for any "Proposed change in the number or age of children for whom the facility is licensed that differs from that authorized by the license." Section 2.111(C) prices it at "Changes to Licensed Capacity $97.00." Section 2.122(B) requires fresh written zoning approval "any time there is a change to the license, including moving the facility to another location, increasing the capacity, or adding different ages of children." And under section 2.106(A)(2) a change of licence TYPE is not a capacity change at all — it is a "Change in classification of facility or service offered," which deems the licence surrendered and requires a wholly new application under section 2.105(A), sixty days ahead.
- CPR & first aid
- Yes — required before licensure
- Last verified
- 2026-08-25
Who needs a license — home types in Colorado
COLORADO DOES NOT HAVE ONE HOME LICENCE. IT HAS FIVE, PLUS AN EXEMPTION THAT NEARLY EXPIRED THIS MONTH — AND CHOOSING BETWEEN THEM IS THE STATE'S DEFINING DECISION. THE STATUTORY DEFINITION FIRST. C.R.S. § 26.5-5-303(7) defines a family child care home as "A facility for child care operated with or without compensation or educational purposes in a place of residence of a family or person for the purpose of providing less than twenty-four-hour care for children under the age of eighteen years who are not related to the head of such home." The rule repeats it almost word for word at section 2.303: "The provisions of these rules and regulations shall be applicable to facilities for child care operated with or without compensation or educational purposes in a place of residence of a family or person, for the purpose of providing less than twenty-four (24) hour care for children under the age of eighteen (18) years who are not related to the head of such home." Section 2.304(A)(31) then closes the loop: "'Family Child Care Home' (FCCH) has the same meaning as set forth in section 26.5-5-303(7), C.R.S." Four elements do the work in that sentence, and each of them catches somebody. "WITH OR WITHOUT COMPENSATION."
Colorado's definition does not depend on being paid. Most states' home-care definitions turn on compensation; Colorado's expressly does not. If you are running a facility for child care in your residence for unrelated children under eighteen, the fact that you charge nothing does not put you outside the definition. What keeps unpaid arrangements out of licensure is the exemption list at section 2.112, not the definition. "IN A PLACE OF RESIDENCE." Section 2.304(A)(63): "'Place of residence' means the place or abode where a person actually lives and provides child care." Section 2.311(A)(1) makes this a personnel requirement rather than merely a geographic one: "Primary providers and applicant 2 must physically reside at the family child care home and must provide the child care." You cannot licence a house you own and staff it with someone else; the licensee lives there and does the caring. Section 2.304(A)(75) defines "reside" as "to be in a residence, to dwell permanently or continuously, or to occupy a place as one's legal domicile." "LESS THAN TWENTY-FOUR HOUR." Overnight care is permitted within that ceiling and is separately regulated at section 2.330. "NOT RELATED TO THE HEAD OF SUCH HOME."
This is what makes the relative exemption coherent, and it is defined generously. Section 2.304(A)(74): "'Relative' means any of the following relationships by blood, marriage, or adoption: parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin." WHO THE PROVIDER IS. Section 2.304(A)(68): "'Primary provider' means the person that resides in the home and provides direct care, supervision and education to child(ren) in care at least sixty percent (60%) of the daily hours of operation of the family child care home." That sixty-percent floor is easy to overlook and is the practical test of whether you are really running the home or merely hosting it. Section 2.304(A)(5) defines the second adult who can be on the licence: "'Applicant 2' means an individual that resides in the family child care home and provides care regularly, in a recurring pattern. An Applicant 2 must have the same required training as the Primary Provider as specified in these 'Rules Regulating Family Child Care Homes.'
Applicant 2 is legally liable for the business." That last sentence is not decorative: naming an Applicant 2 assigns legal liability for the business, not just staffing capacity. THE OVERARCHING RULE THAT APPLIES TO ALL FIVE TYPES. Section 2.305(A): "All family child care home licenses, except infant/toddler, are issued with an age range for children from birth to eighteen (18) years of age. Each individual provider will determine the age range of children that they will enroll in the provider's child care home. The providers own birth, adopted, step or foster children ten (10) years of age and older do not count in the provider's license capacity." Section 2.305(A)(1): "The capacity for a family child care home (generally referred to within these rules as 'the home') is determined by the amount of indoor and outdoor space designated for child care, as well as the below factors." And section 2.305(A)(2): "Licensed family child care homes enrolling children five (5) years of age or younger are required to participate in Colorado Shines, the state quality rating and improvement system."
Three consequences. First, you pick your own age band inside birth-to-eighteen, and the licence records it — the infant/toddler type is the only one where the band is fixed by the rule. Second, your own children under ten count against your capacity and your own children ten and over do not, on every type. Third, if you enrol even one child aged five or younger, participation in Colorado Shines is mandatory, not optional. TYPE 1 — REGULAR FAMILY CHILD CARE HOME (section 2.306). "A regular family child care home (FCCH) license allows a provider to care for up to six (6) children from birth to eighteen (18) years of age with no more than two (2) children under eighteen (18) months of age." Section 2.306(A)(1): "Care also may be provided for no more than two (2) additional school-age children attending kindergarten through twelfth (12) grade." Section 2.306(A)(2): "Residents of the home under ten (10) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity, except where specifically indicated otherwise." Read (A)(2) carefully.
It is broader than "your own children." It counts residents of the home under ten who are on the premises — which reaches a nephew who lives with you, a foster child under ten, a partner's child — AND "all children on the premises for supervision," which reaches any child present who is in your care regardless of the arrangement. The escape hatch for visiting friends of your older children is not in section 2.306; it is in section 2.327, discussed under "ratios." The regular home is the only type with the "+2 school-age" allowance, and that allowance is what makes eight children lawfully present at once on a six-child licence. TYPE 2 — THREE UNDER EIGHTEEN MONTHS FAMILY CHILD CARE HOME (section 2.307). "A three (3) under eighteen (18) months family child care home license is a type of license that allows a provider to care for up to six (6) children from birth to eighteen (18) years of age with no more than three (3) children under eighteen (18) months of age, with no more than two (2) of the three (3) children under twelve (12) months; the capacity includes the provider's own children under ten (10) years of age."
It is a gated upgrade, and the five gates are cumulative. Section 2.307(A)(1): "The licensee has held a permanent license to operate a family child care home for at least two (2) years in Colorado immediately prior to the issuance of the license that would authorize the care of three (3) children under eighteen (18) month of age." (A)(2): "The licensee has completed the Department approved Expanding Quality in Infant/Toddler care course of training or three semester credit hours from a regionally accredited college or university in infant/toddler theory." (A)(3): "In the past two (2) years, the licensee has had no founded complaints with a severity level of one (1) or two (2)." (A)(4): "In the past two (2) years, the licensee has had no adverse action taken against their license." (A)(5): "The care of additional children of school age is not authorized." That fifth condition is the trade. You gain a third infant and you lose the two extra school-age children. Six is six, hard, on this licence. Two definitions support the gates. Section 2.304(A)(26): "'EQIT' means the Department approved Expanding Quality in Infant Toddler (EQIT) Care Course."
Section 2.304(A)(12): "'Complaint severity level' means the level of seriousness (zero to five) the Department assigns to a complaint reported against a family child care home based on the severity of the allegation(s). The severity level assigned determines the timeframe in which the allegation(s) must be investigated by the licensing specialist." Section 2.304(A)(55): "'Negative licensing action' or 'adverse action,' has the same meaning as set forth in section 26.5-5-303(16), C.R.S." — and that statutory definition covers "a final agency action resulting in the denial of an application, the imposition of fines, or the suspension or revocation of a license issued pursuant to this part 3 or the demotion of such a license to a probationary license." A fine, therefore, is an adverse action, and a fine within the last two years bars the upgrade. The compensating flexibility is at section 2.307(A)(6): "Licensees issued a three (3) children under eighteen (18) months of age license are approved for both the three (3) under eighteen (18) months and the regular license capacities and may switch between the two (2) capacities without notifying the Department as long as they are in compliance with all licensing rules."
So on a day when you have no third infant, you may run as a regular home with the two extra school-agers, and you need not tell anyone. The condition is total compliance with the option you are running that day — the rule does not permit blending the two. TYPE 3 — INFANT/TODDLER FAMILY CHILD CARE HOME (section 2.308). "An infant/toddler family child care home license allows a provider to care for children who are between birth and three (3) years old." This is the one licence with a fixed age band; per section 2.305(A) it is the express exception to the birth-to-eighteen rule. One provider: section 2.308(A)(1): "If there is one (1) provider, there may be a maximum of four (4) children, with no more than two (2) of the four (4) children under twelve (12) months of age, including the provider's own children. The provider's own children, under the age of ten (10), count in the capacity of four (4)." Section 2.308(A)(1)(a): "For an infant/toddler home with one (1) provider, that provider must be at least twenty-one (21) years of age," and if previously licensed there must have been no founded complaints at severity one or two and no adverse action in the past two years.
Two providers: section 2.308(A)(2): "If there are two (2) equally qualified providers ... caring for children at all times when children are present, there may be a maximum of eight (8) children between birth and three (3) years old, and no more than four (4) of those children can be between birth and one (1) year old, including both providers' own children under the age of ten (10) years old." Section 2.308(A)(2)(a): "For an infant/toddler home with two (2) providers, one (1) provider must be at least twenty-one (21) years of age, and the second equally qualified provider must be at least eighteen (18) years of age." Note the phrase "caring for children at all times when children are present." The eight-child capacity is not a licence you hold; it is a condition you must be satisfying minute by minute. If the second provider steps out, you are a four-child home for the duration. Qualifications for the primary provider are at section 2.308(A)(3), and there are two routes, both of which start with EQIT or three semester hours in infant/toddler theory "prior to licensing," then add either "(1) A minimum of one (1) year (1820 hours) of full time experience in a licensed program caring for children who are younger than three (3) years old" or "(1) A current Early Childhood Professional credential level 3 or higher in version 3.0 as determined by the Department based on its Early Childhood Professional Credential 3.0 Worksheet, found at https://drive.google.com/file/d/10FQQw4q0G01W9Ssczs0o1Kkit2HhkbFV/view, or a current director qualifications letter issued by the Department."
That URL is worth pausing on. The official Code of Colorado Regulations, on the Secretary of State's server, incorporates a qualification standard by pointing at a Google Drive file. The rule does not incorporate it by reference with an edition date the way it does for OSHA, CPSC, the AAP periodicity schedule or 6 CCR 1009-1. It just links. If that file changes or moves, the qualification standard changes or disappears with it, silently. That is a live fragility in the Colorado scheme, and it appears three times — here, at 2.309(A)(3)(e) and at 2.310(A)(1)(c). The infant/toddler licence carries the same day-to-day flexibility as the three-under-eighteen-months licence, but only for a provider with the right history. Section 2.308(A)(4): "A family child care home that has also been licensed as a regular and three (3) under eighteen (18) months family child care home in the past, and is approved for an infant/toddler license, has the flexibility to provide care on any given day for the ages and capacities of a regular or three (3) under eighteen (18) month license without written approval of the Department, as long as the provider is in compliance with all applicable rules at all times."
Read the condition precedent literally: you must have held BOTH prior licence types. A provider who went straight from a regular licence to infant/toddler does not get this flexibility on the face of the rule. TYPE 4 — LARGE FAMILY CHILD CARE HOME (section 2.309). "A large family child care home license allows a provider to care for up to twelve (12) children from birth to eighteen (18) years of age; the capacity includes the provider's own children under ten (10) years of age. Care may be provided to no more than two (2) children under eighteen (18) months of age." Twelve children, but only two under eighteen months — the large licence buys volume, not infant capacity. Section 2.309(A)(1): "The licensee must be at least eighteen (18) years of age, and the primary provider for the large family child care home." Section 2.309(A)(2) applies the same clean-record test: no founded complaints at severity one or two and no adverse action in the past two years, if previously licensed. Section 2.309(A)(3) gives six alternative qualification routes for the primary provider, and only one need be met: (a) "A minimum of twenty-one (21) months of documented satisfactory experience in the group care of children under the age of six (6) years or as a licensed family child care home in Colorado.
Equal experience operating as an approved military child care home is accepted." (b) "A minimum of sixty (60) credit hours of college education from a regionally accredited college or university, with at least one (1) college course in early childhood education, plus one (1) year of documented satisfactory experience in the group care of children as: 1) A licensed family child care home in Colorado; 2) A military licensed family child care home; 3) A Colorado certified family foster home; or 4) A staff member in a licensed child care center." (c) "Current certification as a child development associate (CDA)." (d) EQIT or three semester credit hours in infant/toddler theory prior to licensing, plus either "A minimum of one (1) year (1,820 hours) of experience as a licensed child care provider holding a permanent license in Colorado immediately before becoming a licensee of a large child care home" or "A minimum of one (1) year (1,820 hours) of full-time experience in a licensed program" with children under six. (e) "A current early childhood professional credential level III (3) or higher as determined by the Department using version 3.0 of its worksheet found at https://drive.google.com/file/d/10FQQw4q0G01W9Ssczs0o1Kkit2HhkbFV/view; or individuals who have a current director qualifications letter issued by the Department." (f) "A current director qualifications letter issued by the Department."
Note that (e) and (f) overlap — the director qualifications letter appears as an alternative inside (e) and again as a standalone route in (f). Section 2.304(A)(21) defines it: "'Director' means an individual that has been evaluated and received a written letter that verifies that he/she meets the Colorado State Director qualification requirements for a large child care center." The staffing trigger is at section 2.309(A)(4): "When more than eight (8) children are present, a second staff member that is qualified as an applicant 2, equally qualified provider, qualified substitute, staff member, or staff aide is required." And section 2.309(A)(4)(a): "Staff aides must be at least sixteen (16) years of age and must work directly under the supervision of the primary provider in charge and responsible for the care of the children. If left alone with children, the staff aide must meet the same age and training requirements listed in rule sections 2.311, 2.312, and 2.313 as the primary provider, applicant 2, an equally qualified provider, or qualified substitute." The trigger is "more than eight (8) children ... present" — presence, not enrolment.
Nine children on the premises requires the second adult even if the ninth is your own eight-year-old, because section 2.309(A) counts your own children under ten in capacity. TYPE 5 — EXPERIENCED FAMILY CHILD CARE PROVIDER (section 2.310). "An experienced family child care provider license allows a provider to care for no more than nine (9) children of different age combinations depending upon which option the home is operating under; the capacity includes the provider's own children under ten (10) years of age." The entry gates at section 2.310(A)(1) are five, and the first one is broader than it is usually described: (a) "Have been a licensed family child care home in Colorado for at least the last five (5) consecutive years; have equal experience operating as a licensed military family child care home is acceptable; or 9,100 hours of documented experience working in a Colorado licensed child care facility in the role as a director or as a Department certified early childhood teacher based on the qualifications found at https://cdec.colorado.gov/professional-certifications". (b) "Have completed the Department approved Expanding Quality in Infant/Toddler care course, or three (3) semester credit hours from a regionally accredited college or university in infant/toddler theory". (c) "Have completed seventy-five (75) clock hours of training within the preceding five (5) years, or have a current early childhood professional credential level III (3) or higher as determined by the Department using version 3.0 of its worksheet ...; or individuals who have a current director qualifications letter issued by the Department.
The seventy-five (75) clock hours of training does not include pre-licensing training, standard precautions, First Aid and CPR, or Medication Administration training". (d) "Have had no founded complaints with a severity level of one (1) or two (2) in the preceding past two (2) years". (e) "Have had no adverse action taken against the provider's license in the past two (2) years." So the five-consecutive-years route is not the only door: 9,100 hours as a director or a Department-certified early childhood teacher in a Colorado licensed facility is an alternative, and equivalent military home experience is another. And condition (c) — 75 clock hours in five years, with four categories of mandatory training expressly excluded from the count — is a real hurdle that is often left out of summaries. Fifteen hours a year of ongoing professional development, which you owe anyway under section 2.312(R), gets you to 75 in five years exactly, but only if none of those hours were spent on the excluded courses. The application is separate and early. Section 2.310(A)(2): "At least sixty (60) calendar days prior to the proposed date of operation as an experienced provider, the applicant must submit to the Department a completed and signed experienced provider application form, which: a.
Affirms compliance with all the rules for licensed family child care homes and experienced providers; and b. Affirms the provider understands that the license will be submitted for adverse action if capacities are exceeded at any time." Paragraph (b) is a self-executing warning that has no equivalent on the other four licence types. You sign, before you open, an acknowledgement that going one child over at any moment is grounds for adverse action. The capacities themselves are set by a table at section 2.310(A)(3), introduced with: "The following chart describes the various options available to the experienced family child care home. Providers may change options without notifying the Department, as long as the home is in compliance with one option at any one time and all applicable licensing rules." The chart, "Experienced Family Child Care Provider License," runs five options across four rows — "Children Birth Through 18 Years," "Additional School-Age Children (during non-school times)," "Maximum Capacity of Children at Any Given Time," and a footnoted row on infants under twelve months: Option 1 — 7 children, "No more than 2 under 18 months," plus 2 additional school-age children = 9. Option 2 — 8 children, "No more than 2 under 18 months," plus 1 additional school-age child = 9. Option 3 — 5 children, "No more than 2 under 18 months," plus 4 additional school-age children = 9. Option 4 — 6 children, "No more than 3 can be under 18 months**," plus 3 additional school-age children = 9, with the footnote "**Only two can be under 12 months of age."
Option 5 — 4 children, plus 0 additional school-age children = 4, with the footnote "**Only two can be under 12 months of age." The chart closes with the line that catches everyone: "All options include provider's own children under ten (10) years of age." Option 5 is the oddity of the whole scheme — an "experienced provider" licence whose fifth setting caps you at four children, below a regular home's six. It exists because it is the only option that lets an experienced provider run an infant-heavy day without holding an infant/toddler licence. ONE CLASSIFICATION PER ADDRESS. Section 2.110(A): "If a licensee wishes to assume child care responsibility in more than one classification of care, separate applications, fees, and licensing evaluations are required for each classification. A family child care home may only be licensed as one type of classification at any one location address." Section 2.110(B): "If a licensee wishes to operate more than one facility of the same classification but at different locations, separate applications, fees, and licensing evaluations are required for each location."
Section 2.110(C): "Operating multiple licenses of the same classification at a single location by the same licensee or governing body is prohibited." So the five types are exclusive at an address. You do not stack them. The only lawful way to run two capacity models is the built-in day-to-day flexibility at sections 2.307(A)(6) and 2.308(A)(4), or the option switching at 2.310(A)(3) — each of which is internal to a single licence type. CHANGING TYPE IS NOT AN AMENDMENT — IT IS A NEW LICENCE. Section 2.106(A): "A license is deemed surrendered and a new application is required in any of the following circumstances: 1. Change of licensee, owner, or governing body; 2. Change in classification of facility or service offered; or 3. Change in location of the facility." Moving from a regular home to a large home is a "change in classification of facility." Your existing licence is deemed surrendered and you start again with a new original application, a new fee and a new licensing evaluation — and, under section 2.105(A), sixty days of lead time. THE SIXTH PATH: NOT BEING LICENSED AT ALL — AND THE SUNSET THAT WOULD HAVE CLOSED IT ON 1 SEPTEMBER 2026. Section 2.112(B)(5) exempts "A family care home that provides less than 24-hour care.
Care must only be provided using one (1) of the options below at any one time: a. Care of children who are directly related to the caregiver by blood, marriage or adoption. The relationship between the caregiver and child includes biological child(ren), step-child(ren), grandchild(ren), niece, nephew, sibling, or first cousin and provide care for children who are siblings from the same family household which is unrelated to the provider; or b. Care of up to four (4) children, related or unrelated to the caregiver. No more than two (2) children under the age of two years may be cared for at any one time." The words "using one (1) of the options below at any one time" are the operative limit: you run option (a) or option (b), not a blend. That exemption is statutory before it is regulatory, and the statute is not identical to the rule. It was enacted by HOUSE BILL 20-1347, "CONCERNING THE CHILD CARE LICENSURE EXEMPTION FOR FAMILY CHILD CARE HOMES," into what was then C.R.S. § 26-6-103(1)(i)(I): "An individual who provides less than twenty-four-hour child care in a place of residence when one of the following conditions is met: (A) The children being cared for are related, as defined in SECTION 26-6-102 (31) AND (32), to the caregiver, are children who are related to each other AS SIBLINGS, AS DEFINED IN SECTION 26-6-102 (35.5), from a single family that is unrelated to the caregiver, or a combination of such children; or (B) There are no more than four children being cared for, with no more than two children under two years of age FROM MULTIPLE FAMILIES, regardless of the children's relation to the caregiver."
The same act added the definition at § 26-6-102(35.5): "'SIBLING' MEANS ONE OR MORE INDIVIDUALS HAVING ONE OR BOTH PARENTS IN COMMON." Compare the two texts on the infant sub-cap. The statute limits "two children under two years of age FROM MULTIPLE FAMILIES." The rule at 2.112(B)(5)(b) drops the qualifier and says flatly "No more than two (2) children under the age of two years may be cared for at any one time." On the face of it, the rule is stricter than the statute it implements for a caregiver minding three infant siblings from one family. This is the sort of divergence that only shows up when you read both, and it should be raised with the Department rather than assumed either way. HB20-1347 also imposed a duty the rule does not carry at all, at what was then § 26-6-103(1.5): "AN INDIVIDUAL PROVIDING CHILD CARE IN A PLACE OF RESIDENCE AUTHORIZED PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION SHALL NOTIFY THE PARENTS OF THE CHILDREN IN THE INDIVIDUAL'S CARE THAT THE INDIVIDUAL IS OPERATING UNDER A LEGAL LICENSE EXEMPTION AND THAT THE STATE HAS NOT VERIFIED THE HEALTH AND SAFETY OF THE CARE SETTING OR PERFORMED BACKGROUND CHECKS ON THE INDIVIDUAL OR ANYONE ELSE RESIDING IN THE RESIDENCE."
If you are operating exempt, you owe every parent that disclosure by statute. Section 2.112 of the rule never mentions it. And the same act at § 26-6-103(3) barred a previously sanctioned licensee from using the exemption: "A facility LICENSEE OR GOVERNING BODY that has received a ... FINAL AGENCY ACTION RESULTING IN THE SUSPENSION OR REVOCATION OF A LICENSE ISSUED PURSUANT TO THIS PART 1 is prohibited from operating pursuant to subsection (1) of this section, EXCEPT WHEN THE CHILDREN BEING CARED FOR ARE RELATED ... TO THE CAREGIVER." Losing a licence does not merely end your licence; it ends your right to run the unlicensed four-child version, except for relatives. NOW THE PART THAT WOULD HAVE CHANGED EVERYTHING SEVEN DAYS AFTER THIS ENTRY WAS VERIFIED. HB20-1347 built in a sunset: "(II) This subsection (1)(i) is repealed, effective ... SEPTEMBER 1, 2026." When the 2022 reorganisation moved the Child Care Licensing Act into Title 26.5, the exemption became § 26.5-5-304(1)(f) and the sunset became § 26.5-5-304(1)(f)(IV) — and the definition section preserved the link, C.R.S. § 26.5-5-303(6) defining "exempt family child care home provider" as "A family child care home provider who is exempt from certain provisions of this part 3 pursuant to section 26.5-5-304(1)(f)."
HOUSE BILL 26-1259, section 12, repeals that sunset. The enrolled act reads: "SECTION 12. In Colorado Revised Statutes, 26.5-5-304, amend (1)(b); and repeal (1)(f)(IV) as follows: ... (f) (IV) This subsection (1)(f) is repealed, effective September 1, 2026:" — with the sunset paragraph struck through. The bill summary as enacted states the effect plainly: the act "Eliminates the scheduled repeal of licensing exemptions for certain in-home child care arrangements in which the children are related to the caregiver, are siblings, or number fewer than five." HB26-1259 was signed on 05/05/2026 and, per its section 15, "takes effect upon passage" except for two unrelated provisions of § 26.5-4-204 that take effect 1 July 2027. The practical statement, verified on 25 August 2026: the four-children / related-children / sibling-group licence exemption is PERMANENT. It was seven days from expiring, and it did not. Any Colorado guidance written before May 2026 that says "this exemption expires 1 September 2026" is now wrong, and any guidance written before 2020 that treats the exemption as unconditional was always wrong about the parental-disclosure duty.
OTHER EXEMPTIONS THAT SOMETIMES GET CONFUSED WITH HOME CARE.
Section 2.112(B) also exempts: "1. A special school or class in religious instruction," with the caveat that "Faith or spiritually-based programs which offer religious instruction combined with early childhood education, child care or child development activities as a part of the daily routine must obtain a child care license"; "2. A special school or class operated for a single skill-building purpose," where "Any time activities other than the identified single skill are provided, the program is no longer considered a single skill program"; "3. A child care center operated in connection with a church, shopping center, or business where children are cared for during short periods of time, not to exceed three hours in any twenty-four (24) hour period"; "4. Occasional care of children with or without compensation, which means the offering of child care infrequently and irregularly that has no apparent pattern"; "6. A child care facility that is approved, certified, or licensed by any other department or agency, or by a federal government department or agency, which has standards for operation of the facility and inspects or monitors the facility" — the exemption HB26-1259 section 12 widened in statute to include tribal government departments and agencies, a change the rule has not caught up with;
"7. The medical care of children in nursing homes"; and, by cross-reference to statutory definitions, guest child care facilities, Neighborhood Youth Organizations and public services short-term child care facilities (section 2.112(B)(8)-(10)). Note the boundary between a home and a centre, which is set by number and by place. C.R.S. § 26.5-5-303(3)(a) defines a child care center as "A facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children ... who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof." A residence with five or more unrelated children is therefore capable of falling inside the centre definition on its face; what keeps a licensed family child care home out of that category is that it is separately defined and separately licensed under § 26.5-5-303(7) and rules 2.300–2.338. It also explains why the exemption at 2.112(B)(5)(b) stops at four: four is the last number below the centre threshold.
How many children you can care for in Colorado
TWELVE CHILDREN IS THE HIGHEST NUMBER ANY COLORADO HOME LICENCE CARRIES — AND THE NUMBER ON YOUR OWN LICENCE IS DECIDED BY SQUARE FOOTAGE BEFORE IT IS DECIDED BY LICENCE TYPE. THE FIRST RULE, WHICH MOST SUMMARIES SKIP. Section 2.305(A)(1): "The capacity for a family child care home (generally referred to within these rules as 'the home') is determined by the amount of indoor and outdoor space designated for child care, as well as the below factors." The licence type sets a ceiling. Space sets your actual number. The rule states the space arithmetic in two places. Indoor, section 2.336(A)(1): "There must be open, uncluttered, and safe indoor play space of at least thirty-five (35) square feet of floor space per child, including space for moveable furniture and equipment exclusive of: a. Hallways; b. Bathrooms; c. Stairways; d. Closets; e. Laundry rooms; f. Furnace rooms; and g. Space occupied by permanent built-in cabinets and permanent storage shelves." Outdoor, section 2.337(A)(1): "At least seventy-five (75) square feet of useable outdoor play space must be available for each child in care."
Do the multiplication before you apply for anything. Twelve children on a large family child care home licence needs 420 square feet of qualifying indoor play space — after you subtract hallways, bathrooms, stairways, closets, the laundry room, the furnace room and the footprint of every built-in cabinet and permanent shelf — and 900 square feet of usable, enclosed outdoor play space. Six children on a regular licence needs 210 square feet indoors and 450 square feet outdoors; add the two extra school-age children and the eight children present need 280 and 600. Nine children as an experienced provider needs 315 and 675. Four children in a one-provider infant/toddler home needs 140 and 300; eight children with two providers needs 280 and 600. The outdoor space carries an enclosure requirement that can be the real constraint. Section 2.337(A)(2): "The outdoor play space must be enclosed with at least a forty-two inch (42) fence with slats no more than four (4) inches apart, or a natural barrier. If a natural barrier is used, it must begin no higher than three and one-half inches (3-1/2) from the ground.
If the family Child Care home does not have a fenced play space, the provider may apply for an outdoor hardship waiver." Section 2.337(A)(3) adds: "All parts of the play area must be visible and easily supervised," and (A)(4): "Shade must be available." The hardship waiver route is section 2.115 and is discussed under "prelicensing_steps." WHAT COUNTS TOWARD THE NUMBER. Section 2.306(A)(2), on the regular home and echoed in substance across the types: "Residents of the home under ten (10) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity, except where specifically indicated otherwise." Section 2.305(A) states the reciprocal: "The providers own birth, adopted, step or foster children ten (10) years of age and older do not count in the provider's license capacity." Each of the other four types repeats the inclusion of the provider's own under-tens in its own text, so there is no argument about it: section 2.307(A) ("the capacity includes the provider's own children under ten (10) years of age"), section 2.308(A)(1) ("including the provider's own children. The provider's own children, under the age of ten (10), count in the capacity of four (4)") and section 2.308(A)(2) ("including both providers' own children under the age of ten (10) years old"), section 2.309(A) ("the capacity includes the provider's own children under ten (10) years of age"), and section 2.310(A) plus the closing line of the options chart ("All options include provider's own children under ten (10) years of age").
Foster children are covered by the same test. Section 2.305(A) uses the phrase "birth, adopted, step or foster children," so a foster child of nine living in the home counts and a foster child of eleven does not. Note the interaction with 12 CCR 2509-8 section 7.710.33(F), which caps a dually licensed home at foster certification "for one child or for a group of siblings." THE FIVE CEILINGS, IN THE RULE'S OWN NUMBERS. REGULAR HOME — section 2.306(A): "up to six (6) children from birth to eighteen (18) years of age with no more than two (2) children under eighteen (18) months of age," plus, under (A)(1), "no more than two (2) additional school-age children attending kindergarten through twelfth (12) grade." Eight bodies may lawfully be present; the licensed capacity is six. THREE UNDER EIGHTEEN MONTHS — section 2.307(A): "up to six (6) children from birth to eighteen (18) years of age with no more than three (3) children under eighteen (18) months of age, with no more than two (2) of the three (3) children under twelve (12) months," and section 2.307(A)(5): "The care of additional children of school age is not authorized."
Six bodies, full stop. INFANT/TODDLER — section 2.308(A)(1): four children with one provider, "no more than two (2) of the four (4) children under twelve (12) months of age"; section 2.308(A)(2): eight children with two equally qualified providers present "at all times when children are present," "no more than four (4) of those children can be between birth and one (1) year old." All children must be between birth and three. LARGE — section 2.309(A): "up to twelve (12) children from birth to eighteen (18) years of age ... no more than two (2) children under eighteen (18) months of age," and section 2.309(A)(4): "When more than eight (8) children are present, a second staff member that is qualified as an applicant 2, equally qualified provider, qualified substitute, staff member, or staff aide is required." EXPERIENCED PROVIDER — section 2.310(A)(3), the options chart: Option 1 = 7 (max 2 under 18 months) + 2 school-age = 9; Option 2 = 8 (max 2 under 18 months) + 1 school-age = 9; Option 3 = 5 (max 2 under 18 months) + 4 school-age = 9; Option 4 = 6 (max 3 under 18 months, of whom "Only two can be under 12 months of age") + 3 school-age = 9; Option 5 = 4 (of whom "Only two can be under 12 months of age") + 0 school-age = 4. THE INFANT SUB-CAPS ARE THE REAL CONSTRAINT, NOT THE HEADLINE NUMBER.
Every type except infant/toddler caps children under eighteen months at two, and the only ways past two are the three-under-eighteen-months licence (three, of whom two may be under twelve months), Option 4 of the experienced provider licence (three under eighteen months, two under twelve months) and the infant/toddler licence itself. A large home may take twelve children and still may not take a third infant. That asymmetry — volume is available, infant capacity is rationed — is the single most consequential fact about Colorado home capacity, and it is why the three-under-eighteen-months licence exists as a separate gated type at all. CHANGING CAPACITY COSTS MONEY AND NEEDS APPROVAL BEFORE THE FACT. Section 2.124(A)(3): "Changes to a License Requiring Written Notification to the Department and Prior Department Approval. a. Proposed change in the number or age of children for whom the facility is licensed that differs from that authorized by the license. b. Changes in the physical facility or use of rooms for child care at a facility. c. Change of name of the facility or agency. d. Change of residents in the facility, not to include those residents placed in the facility by a county department."
Prior approval — not notice after the fact. The fee schedule at section 2.111(C), under the heading "Changes Made to All License Types," prices it: "Changes to Licensed Capacity $97.00; Changes to Physical Premises $97.00; Duplicate Licenses $40.00," all under the column "July 1, 2020, and beyond." And zoning re-approval is triggered too. Section 2.122(B): "The facility must also submit written zoning department approval to the Department any time there is a change to the license, including moving the facility to another location, increasing the capacity, or adding different ages of children." EXCEEDING CAPACITY. For four of the five types the consequence is the general enforcement scheme: section 2.113(A)(5), "A licensed child care facility may be fined up to $250 a day for the first day, $500 for the second day, and $1,000 a day for the third and subsequent days, to a maximum of $10,000 for each violation of the Child Care Licensing Act or for any statutory grounds as listed at section 26.5-5-317(2), C.R.S.," and section 2.113(A)(6), "Assessment of any civil penalty does not preclude the Department from also taking action to deny, suspend, revoke, make probationary, or refuse to renew that license."
For the experienced provider licence it is worse, because you sign for it in advance. Section 2.310(A)(2)(b) requires the application to affirm "the provider understands that the license will be submitted for adverse action if capacities are exceeded at any time." THE ONE LAWFUL WAY TO EXCEED CAPACITY. Section 2.137(B): "During an emergency or other significant, unexpected event, a child care facility may request an emergency waiver to move to a temporary location or exceed capacity, on a temporary basis, to accept children and families from affected areas." That is a request, granted in advance under the emergency hardship appeal machinery of sections 2.115(A)(2) and 2.118(B)(2) — not a defence raised afterwards. CHILDREN WHO ARE ON THE PREMISES BUT DO NOT COUNT. Section 2.327(C) allows a narrow class of visitors: "The primary provider's and applicant 2's own children who are age ten (10) years of age up to sixteen (16) years if age and older may each have one (1) friend over during child care hours if the following conditions are met: 1. The visiting children are not present for supervision; 2. The visiting children can immediately be sent home if needed; 3. The visiting children must be age ten (10) years to sixteen (16); and 4. Visiting children must neither compromise nor participate in the care or supervision of children."
Section 2.327(D) widens it above sixteen: "The primary provider's and applicant 2's own children sixteen (16) years of age and older may have more than one (1) friend over during child care hours if the following conditions are met: 1. The visiting children must be over the age of sixteen (16) years of age; 2. The visiting children are not present for supervision; 3. The visiting children can immediately be sent home if needed; 4. Visiting children must neither compromise nor participate in the supervision or care of children; 5. Visiting children over the age of sixteen (16) years of age cannot have unsupervised access to children in care." And section 2.327(E) allows occasional other children: "The primary provider and applicant 2 may have other children over periodically if the following conditions have been met: 1. The visiting children are under the active supervision of their parent(s) or guardian(s) or their own child care providers; and 2. The square footage requirements for the family child care home accommodates all children present." Read (E)(2) against section 2.336(A)(1). Even children who are not in your care and not counted in your licensed capacity must fit inside your 35-square-feet-per-child indoor allowance while they are there.
The square footage is a constraint on bodies in the house, not merely on enrolments on the licence. Every one of these visitors must also be logged. Section 2.317(E)(1): "All non-resident visitors to the family child care home during child care hours, including friends of the provider's own children, must be documented on the sign in/out log, including the name, date, arrival, and departure times." WHERE CHILDREN MAY BE. Section 2.327(B): "All children in care, including the primary provider's, or applicant 2's own children under the age of ten (10), must only be cared for in areas licensed by the Department for child care use." The licensed area is not the whole house by default; it is what the Department approved. And section 2.335(A) makes clear that the inspection is not limited to the licensed area: "The entire premises are subject to inspection for licensing and safety purposes including, but not limited to, the entire residence and where care is to be provided, the grounds surrounding the residence, the basement, the attic, the storage shed, garage or carport, and any vehicles used for transportation of children in care."
THE FEE TIERS TELL YOU HOW THE STATE THINKS ABOUT CAPACITY. Section 2.111(C) groups homes into three fee categories with the capacity bands written into the headings: "FAMILY CHILD CARE HOMES (1-6 CHILDREN)" at $65.00 original application and $65.00 continuation; "LARGE FAMILY CHILD CARE HOMES (7-12 CHILDREN)" at $100.00 and $100.00; and "EXPERIENCED FAMILY CHILD CARE PROVIDER (UP TO 9 CHILDREN)" at $100.00 and $100.00. Each carries the footnote "(*One year from licensed anniversary date)." The regular, three-under-eighteen-months and infant/toddler types all sit inside the 1–6 band, which is the only place in the rule where the three of them are treated as one thing. For scale, a small child care centre serving 5–15 children pays $200 original and $200 continuation, and a large centre of 31 or more pays "Base $300.00 + $3.00 Per Child" up to a $1,800 ceiling. Home licensure is, in fee terms, an order of magnitude cheaper than centre licensure — which is a fair part of why Colorado has spent three legislative sessions trying to keep home providers in the system. There is also a discount most providers never claim.
Section 2.111(E): "Any eligible child care facility providing less than 24-hour care that holds a Colorado Shines level 3-5 and an average annual enrollment of at least fifty (50) percent of total children enrolled receiving assistance from the Colorado Child Care Assistance Program (CCCAP) or enroll on average at least fifty (50) percent of the county's total CCCAP population may receive a discounted continuation fee of up to fifty (50) percent of their respective license type. The Colorado Shines rating and CCCAP enrollment must be verified by the Department."
Adult-to-child ratios
COLORADO PUBLISHES NO STAFF-TO-CHILD RATIO TABLE FOR FAMILY CHILD CARE HOMES — AND THEN CITES ONE. THE MEASUREMENT. Across the whole of the Rules Regulating Family Child Care Homes, sections 2.300 through 2.338, the word "ratio" appears exactly once in a normative sentence. It is at section 2.315(A): "Volunteers cannot be used to meet the applicable staff to child ratio." There is no applicable staff-to-child ratio for a family child care home anywhere in 8 CCR 1402-1. The centre chapter has one — section 2.217, "REQUIRED STAFF AND SUPERVISION," runs to nearly four hundred lines of age-banded ratio tables — and the school-age chapter has one at section 2.510. The home chapter has none. Section 2.315(A) forbids you from meeting a number that the rule never states for your setting. That is not a drafting curiosity to be waved away; it is the structural fact you have to understand to read Colorado correctly. Colorado regulates homes by LICENSED CAPACITY AND AGE MIX, not by staffing ratio. The capacity numbers in sections 2.306 through 2.310 ARE the ratio for a single provider: six children to one adult on a regular licence, six with a third infant on a three-under-eighteen-months licence, four to one in an infant/toddler home, nine to one as an experienced provider under Options 1–4, twelve to two in a large home above eight children.
Where a second adult is required, the rule names the trigger and the qualification rather than expressing it as a fraction. THE ONE EXPRESS SECOND-ADULT TRIGGER. Section 2.309(A)(4): "When more than eight (8) children are present, a second staff member that is qualified as an applicant 2, equally qualified provider, qualified substitute, staff member, or staff aide is required." Read the two halves. The trigger is presence, not enrolment, and it counts the provider's own under-tens because section 2.309(A) includes them in capacity. The qualification is a menu of five, and the last two — "staff member" and "staff aide" — are much lighter than the first three. Section 2.309(A)(4)(a) then closes the obvious gap: "Staff aides must be at least sixteen (16) years of age and must work directly under the supervision of the primary provider in charge and responsible for the care of the children. If left alone with children, the staff aide must meet the same age and training requirements listed in rule sections 2.311, 2.312, and 2.313 as the primary provider, applicant 2, an equally qualified provider, or qualified substitute."
So a sixteen-year-old aide can be your ninth-child adult, but only while you are there. The moment the aide is alone with children, the aide must be eighteen and fully trained — which, for a sixteen-year-old, is impossible. THE OTHER SECOND-ADULT TRIGGER, WHICH IS CONTINUOUS RATHER THAN NUMERIC. Section 2.308(A)(2): eight children in an infant/toddler home requires "two (2) equally qualified providers ... caring for children at all times when children are present." Section 2.308(A)(2)(a): "one (1) provider must be at least twenty-one (21) years of age, and the second equally qualified provider must be at least eighteen (18) years of age." And for a single-provider infant/toddler home, section 2.308(A)(1)(a): "that provider must be at least twenty-one (21) years of age." Twenty-one is the only place in the home rules where the age floor rises above eighteen, and it is tied to infants. THE PEOPLE WHO MAY BE IN THE HOUSE, AND WHAT EACH MAY DO. Section 2.311(A)(5): "Primary providers, applicant 2, equally qualified providers, and qualified substitutes must be at least eighteen (18) years of age."
Section 2.311(A)(6): "Staff aides and volunteers must be at least sixteen (16) years of age, and work under the direct supervision of a primary provider, applicant 2, equally qualified provider, or qualified substitute at all times." The definitions at section 2.304 give each role its content, and the same sentence recurs through them: someone qualified must always be present. A staff aide (2.304(A)(91)) "must never be allowed to supervise a child(ren) alone. The primary provider, applicant 2, equally qualified provider, or qualified substitute provider must always be present at all times when the staff aide is providing care for a child(ren)." A substitute (2.304(A)(94)) and a volunteer (2.304(A)(100)) carry the identical condition. An "equally qualified provider" (2.304(A)(29)) is "an employee that has the same required trainings and qualifications as the primary provider"; a "qualified substitute" (2.304(A)(71)) is "a substitute provider that has all required trainings and qualifications as specified in these 'Rules Regulating Family Child Care Homes'"; a "staff member" (2.304(A)(92)) is "a paid or unpaid individual, staff aide, and or substitute that care for or assists with the care of children"; an "emergency substitute" (2.304(A)(28)) is "an individual that is responsible for supervising children in the event of an emergency."
Colorado's home rules do not build a ratio; they build a chain of presence. THE SUBSTITUTE CLOCK. Section 2.311(A)(3): "A qualified substitute can substitute for the primary care provider for a period up to twelve (12) weeks or (480 hours) per calendar year." Section 2.311(A)(4): "The parent(s) or guardian(s) must be notified each time a substitute is used to provide supervision of children in the absence of the primary provider, applicant 2, or equally qualified provider." Twelve weeks and 480 hours are not the same quantity — 480 hours is twelve forty-hour weeks, which is not twelve weeks of a typical home's operating schedule — and the rule offers them as alternatives with "or." A home operating fifty hours a week burns 480 hours in under ten weeks. Track the hours, not the weeks; the smaller number binds. And the notification duty is per use, not per arrangement. Section 2.311(A)(2) requires the plan behind it: "The primary provider must have a plan for an emergency, personal or family situation that requires the provider to leave the family child care home immediately." Section 2.304(A)(27) defines "emergency" for this purpose: "a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action or a personal or family situation that is critical in nature, which requires the provider to take immediate action and leave the home to handle the emergency."
THE EMERGENCY SUBSTITUTE IS A DIFFERENT AND WEAKER ROLE. Section 2.314(A): "Emergency substitutes must be at least eighteen (18) years old and capable of providing care and supervision of children, and handling emergencies in the absence of the provider." Section 2.314(B): "Emergency substitutes must: 1. Be given the names and ages of the children, and any special needs or health concerns; 2. Immediately call each parent(s) or guardian(s) to notify them that the provider has been called away from the family child care home for an emergency situation; and 3. If the substitute does not meet the same age and training requirements as listed in rule sections 2.311, 2.312, and 2.313 as the primary provider, applicant 2, equally qualified provider, or qualified substitute, they shall notify parent(s) or guardian(s) immediately to pick up their children." That third clause is the whole design. An emergency substitute who is not fully qualified is not a stopgap carer — they are an evacuation mechanism. They must call every parent to come and collect. The emergency substitute's name and phone number must also be posted: section 2.317(A)(3)(b) requires "Name and phone number of at least one (1) designated emergency substitute for the provider" among the emergency numbers posted "in a prominent and conspicuous location easily observable to those caring for children."
WHAT A QUALIFIED SUBSTITUTE ACTUALLY HAS TO HAVE, BY HOME TYPE. This sits outside the home chapter, in the substitute placement agency rules at section 2.809, and it is easy to miss. Section 2.809(A), regular home: the substitute "1. Must meet requirements found in rule sections 2.806 and 2.807; 2. Be familiar with the Rules Regulating Family Child Care Homes; 3. Be familiar with the home and provider's policies and procedures; 4. Know the names, ages and any special needs or health concerns of the children; and 5. Know the location of emergency information." Section 2.809(B), infant/toddler home: the same five, plus "6. Must have completed one (1) year of supervised experience caring for children who are younger than three (3) years old. The experience may have been obtained as: a. A Colorado licensed Family Child Care Home; b. A military licensed child care home; c. A provider, in a family foster home certified for children younger than three (3) years of age; or d. An employee in a licensed child care center in an infant and/or toddler program." Section 2.809(C), large home: "2. A minimum of two (2) years of documented satisfactory experience in the group care of children under the age of six (6) years or as a licensed home provider in Colorado.
Equal experience operating as an approved military child care home is accepted; 3. A minimum of two (2) years of college education from a regionally accredited college or university, with at least one (1) college course in Early Childhood Education, plus one (1) year of documented satisfactory experience in the group care of children as: a. A licensed home provider in Colorado; b. A military licensed child care home; c. A Colorado certified family foster home; or d. A staff member in a licensed child care center. 4. Current certification as a Child Development Associate (CDA)". A large home's substitute needs two years of experience where a regular home's substitute needs none beyond familiarity. SUPERVISION IS THE REAL STANDARD. Section 2.327(A): "The primary provider, applicant 2, equally qualified providers, and/or qualified substitutes must supervise all children by sight and or sound and know the location and the activity of all children, both indoors and outdoors, at all times while they are in care." Three things follow. First, "by sight and or sound" is a lower bar than continuous visual supervision, and it is Colorado's chosen standard for homes.
Second, "know the location and the activity of all children" is a knowledge test, not a proximity test — you must be able to say where each child is and what each child is doing. Third, the four roles listed are the only ones who can discharge it. A staff aide cannot; a volunteer cannot; a substitute working under a qualified provider cannot. VOLUNTEERS ARE OUTSIDE THE STAFFING SYSTEM ENTIRELY. Section 2.315(A): "Volunteers cannot be used to meet the applicable staff to child ratio." Section 2.315(B): "Volunteers must be directly supervised by the primary provider applicant 2, an equally qualified provider, or equally qualified substitute, with no unsupervised access to children, and have clearly established written duties." Section 2.315(C): "Prior to assisting with the care of children, volunteers must be made familiar with these 'Rules Regulating Family Child Care Homes,' the 'General Rules for Child Care Facilities,' the 'Rules Regulating Special Activities,' if applicable, and the provider's written policies and procedures." Note the internal inconsistency in (B): "equally qualified substitute" is not a defined role.
The defined role is "qualified substitute" (section 2.304(A)(71)); "equally qualified provider" is a separate defined role (section 2.304(A)(29)). The phrase "equally qualified substitute" also appears in the staff aide definition at section 2.304(A)(91). It is a compound of two defined terms that does not itself exist in the definitions section. Volunteers do generate background-check duties once they work enough. Section 2.121(D)(2): "any adult volunteer, working as a staff member to meet the required staff-child ratio or staff qualifications, who works fourteen (14) days (112 hours) or more in a calendar year shall complete the fingerprint process at an approved vendor." That provision again presumes a required staff-child ratio for homes; and section 2.121(D)(3) requires the check "prior to caring for children or allowing the individual unsupervised access to children" in "family child care homes" for any volunteer "whose activities involve the care and supervision of children." WHO MUST BE IN THE HOME AT ALL. Section 2.311(A)(1): "Primary providers and applicant 2 must physically reside at the family child care home and must provide the child care."
Section 2.311(A)(7): "Primary providers, applicant 2, equally qualified providers, qualified substitutes, staff members, and volunteers must demonstrate an interest in and knowledge of children and a concern for their proper care and well-being." Section 2.311(A)(8) is a disqualification specific to the provider's own family history: "Primary provider's or an applicant 2's own children, or children they have legal custody and control over must not have been placed in foster care or residential care primary provider or an applicant 2 must not have had their parental rights modified by court order because the primary provider or an applicant 2 was abusive, neglectful, or a danger to the health, safety, or well-being of those children." The sentence is ungrammatical as printed — two clauses have been run together without punctuation — but its two limbs are clear enough: prior removal of your own children into foster or residential care, and prior modification of your parental rights on abuse or neglect grounds, each disqualify. Section 2.311(A)(9): "Primary providers, applicant 2, equally qualified providers, qualified substitutes, all staff members, and volunteers must not be under the influence of any substance that impairs their ability to care for children," with section 2.304(A)(95) defining "under the influence" as "a person that has injected, inhaled, ingested, or otherwise taken any substance that impairs their ability to care for children," and section 2.304(A)(48) defining "intoxicated" as "a person is under the influence of drugs or alcohol to the point that his/her actions and/or behavior presents an immediate danger to themself or others."
Section 2.311(A)(15) is a health-based suspension mechanism: "If, in the opinion of a physician or mental health practitioner, a physical, medical (including side effects of medication), emotional, or psychological condition exists at any time that may jeopardize the health of children or adversely affect the ability of a provider to care for children, an equally qualified substitute provider must be employed, or child care services must cease until the physician or mental health practitioner states in writing that the health risk has been eliminated." THE PRIMARY PROVIDER'S MANAGEMENT DUTIES.
Sections 2.311(A)(10) through (A)(12) and (A)(16) through (A)(19) load a set of obligations onto the primary provider personally: ensuring everyone else "are familiar with the children in care, the 'General Rules for Child Care Facilities,' 'Rules Regulating Family Child Care Homes,' 'Rules Regulating Special Activities,' the home's policies, the location of children's files, and emergency numbers"; planning "the selection, orientation, training and/or staff development of all equally qualified providers, qualified substitutes, staff members, and volunteers"; planning "the supervision, care, and activities of children"; ensuring all of them "be familiar with the names, ages, and any special needs or health concerns of the children" and "the location of children's enrollment records as listed in rule section 2.320"; registering everyone with "the Colorado Shines Professional Development Information System"; and, before anyone works with children, ensuring "all equally qualified providers, qualified substitutes, and all staff members must read and be trained on the policies and procedures for the administration of medications and sign a statement indicating that they have read and have been trained on the center's administration of medications policies and procedures." (The word "center's" in that last clause is another leftover from the centre chapter.) TRANSPORTATION HAS ITS OWN ONE-ADULT RULE.
Section 2.338(B): "At least one (1) adult in the vehicle transporting children must have current Department-approved first aid certificate and Department-approved CPR certificate for all ages of children. A first aid kit must be available in the vehicle." Section 2.338(D)(9): "The provider cannot transport more children than any vehicle can safely accommodate with child restraint systems and seat belts that are properly installed in the vehicle." Vehicle capacity is therefore a second and independent cap on how many children can go anywhere with you. Section 2.338(D)(5) adds that "Children under thirteen (13) years of age must never be transported in the front seat of a vehicle," and (D)(6) that "Children must never be left alone in a vehicle."
Training you must complete before licensure
COLORADO RUNS FOUR SEPARATE CLOCKS: BEFORE THE LICENCE ISSUES, BEFORE YOU TOUCH A CHILD, WITHIN THIRTY DAYS, AND WITHIN NINETY DAYS. Miss which clock a course sits on and you will be cited for something you did complete. THE MASTER RULE. Section 2.312(A): "Every required training in this rule section 2.312 must be documented and available for review by the Department." CLOCK ONE — BEFORE THE LICENCE ISSUES OR YOU CARE FOR ANY CHILD. Section 2.312(B): "Prior to issuance of the license or providing care to children, the primary provider, applicant 2, and equally qualified provider, must complete a Department approved fifteen (15) clock hour pre-licensing course of training." Section 2.312(B)(1): "The following individuals are exempt from pre-licensing training: a. Individuals who have a current director qualifications letter issued by the Department; or b. Individuals with a Bachelor's, Master's, or Doctorate degree from an accredited college or university with a major area of study in Elementary Education or Early Childhood Education." Read the exemption narrowly. It is not "a degree in education."
It is a Bachelor's, Master's or Doctorate whose MAJOR AREA OF STUDY is Elementary Education or Early Childhood Education. A degree in child psychology, social work, nursing or human development does not exempt you. An associate degree does not exempt you. The alternative route is the director qualifications letter, defined at section 2.304(A)(21) as "a written letter that verifies that he/she meets the Colorado State Director qualification requirements for a large child care center." Note also who is bound: primary provider, Applicant 2 and equally qualified provider. Qualified substitutes, staff members and staff aides are not required to hold the fifteen-hour pre-licensing course by this paragraph — but a staff aide left alone with children is caught anyway, because section 2.309(A)(4)(a) requires such an aide to "meet the same age and training requirements listed in rule sections 2.311, 2.312, and 2.313 as the primary provider." CLOCK TWO — BEFORE WORKING WITH CHILDREN. Six trainings, each with its own renewal cycle and its own list of who is bound. This is the densest paragraph in Colorado's home rules and it repays reading literally.
STANDARD PRECAUTIONS — section 2.312(C): "Prior to working with children, the primary provider, applicant 2, equally qualified providers, qualified substitutes, and all staff members must complete a Department-approved training in standard precautions that meets current occupational safety and health administration (OSHA) requirements prior to working with children. This training must be renewed annually." Section 2.304(A)(93) defines it: "'Standard precautions' means safe work practices to prevent exposure to blood and bodily fluids." Bound: everyone. Renewal: annual. FIRST AID AND CPR — section 2.312(D): "Prior to working with children, the primary provider, applicant 2, equally qualified provider, and qualified substitutes must complete the a Department-approved First Aid and CPR training, for all ages of children from infant to twenty-one (21) years of age". Section 2.304(A)(10) defines CPR training as "cardiopulmonary resuscitation for adult, infant, and child," and section 2.304(A)(34) defines First Aid training as "training in which a person reacts to injuries and performs simple emergency medical care procedures before emergency medical professionals are available as necessary."
The coverage requirement — "for all ages of children from infant to twenty-one (21) years of age" — rules out an infant-only or adult-only certification. It must span the full band. And there is a second, lighter tier that is frequently missed. Section 2.312(D)(1): "Prior to working with children all staff members caring for children not required by rule to be certified in First Aid and CPR must complete the Department-approved basic First Aid and CPR module. This module must be renewed every two (2) years." So a staff aide or staff member who is not in the four fully certified roles still owes a basic module, renewed on a two-year cycle. Note also that the transportation rule imposes its own version: section 2.338(B), "At least one (1) adult in the vehicle transporting children must have current Department-approved first aid certificate and Department-approved CPR certificate for all ages of children." MEDICATION ADMINISTRATION — section 2.312(E): "Prior to working with children, the primary provider, applicant 2, equally qualified provider, and qualified substitutes must complete a Department approved course of training for medication administration.
This course must be completed every three (3) years and can be applied towards ongoing annual training hours in the year that it is completed". Three-year cycle, and — the part usually omitted — it counts toward your fifteen ongoing hours in the year you take it. Separately, section 2.311(A)(19) requires that "Prior to working with children, all equally qualified providers, qualified substitutes, and all staff members must read and be trained on the policies and procedures for the administration of medications and sign a statement indicating that they have read and have been trained." BUILDING AND PHYSICAL PREMISES — section 2.312(F): "Prior to working with children, the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff members must complete a building and physical premises training. The training must include identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, vehicular traffic, handing and storage of hazardous materials, and the appropriate storage of biological contaminants."
Section 2.312(F)(1): "This training is developed and facilitated by the primary provider for applicant 2, equally qualified providers, qualified substitutes, and all staff members to identify specific environmental hazards at the family child care home. Applicant 2, equally qualified providers, qualified substitutes, and all staff members must be retrained if there are changes to the building and physical premises." This is the one training you deliver yourself. There is no Department-approved vendor for it; you write it, you facilitate it, and you re-deliver it whenever the premises change. Since it must be documented under section 2.312(A), you need a written curriculum and dated sign-offs. And "changes to the building and physical premises" is a trigger with no threshold — a new deck, a new pool, a new fence line, a relocated furnace. SHAKEN BABY / ABUSIVE HEAD TRAUMA — section 2.312(G): "Prior to working with children, if working with children less than three (3) years of age, the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff members must complete a Department approved prevention of shaken baby/abusive head trauma.
This training must be renewed every two (2) years and can be applied towards ongoing annual training hours in the year that it is completed." Conditional on serving under-threes; two-year cycle; counts toward the fifteen. SAFE SLEEP — section 2.312(I): "Prior to working with infants, the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff members must complete a Department-approved safe sleep training. This training must be renewed annually." Conditional on serving infants; annual cycle. The policy consequence sits at section 2.316(B)(21), which requires the written policy statement to cover "Safe sleep environments for infants in compliance with rule section 2.329(H)." CHILD ABUSE PREVENTION — section 2.312(H): "Prior to working with children the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff members must complete a Department approved training about child abuse prevention, including common symptoms and signs of child abuse how to report, where to report, and when to report suspected or known child abuse or neglect within thirty (30) calendar days of employment.
This training must be renewed annually." That sentence contradicts itself and the contradiction is worth naming. It opens "Prior to working with children" and closes "within thirty (30) calendar days of employment." Those are two different deadlines for one course. The safe reading — and the reading consistent with every other pre-service item in section 2.312(C) through (I) — is to treat it as pre-service and complete it before any child is in your care. Renewal is annual either way. CLOCK THREE — WITHIN THIRTY CALENDAR DAYS OF CARING FOR CHILDREN. IMMUNIZATION COURSE — section 2.312(J): "Within thirty (30) calendar days of caring for children the primary provider and all individuals responsible for the collection, review, and maintenance of the child immunization records must complete the Colorado Department of Public Health and Environment (CDPHE) immunization course. This training must be renewed annually." Bound by function, not by job title: whoever handles immunization records. PLAYGROUND SAFETY FOR HOMES — section 2.312(K): "Within thirty (30) calendar days of caring for children the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff must complete a Department-approved training regarding playground safety for homes.
This course is required once and will be counted towards ongoing training requirements". Once only, and it counts toward your fifteen ongoing hours. READING THE THREE RULE SETS — section 2.312(L): "Within thirty (30) calendar days of caring for children, the primary provider must ensure that equally qualified providers, qualified substitutes, and all staff members must read and be trained on 'Rules Regulating Family Child Care Homes,' the 'General Rules for Child Care Facilities,' and the 'Rules Regulating Special Activities,' if applicable." The paperwork this generates is at section 2.313(A)(4), which requires in each personnel file "Within (30) calendar days of caring for children a signed statement indicating that the individual has been trained, understands, and has had the opportunity to ask questions regarding" those three rule sets. CLOCK FOUR — WITHIN NINETY CALENDAR DAYS OF CARING FOR CHILDREN. Five one-time courses, each of which counts toward ongoing hours. Section 2.312(M): "a Department-approved introduction to the early intervention and preschool special education programs.
This course is required once and will be counted towards ongoing training requirements". Bound: primary provider, Applicant 2, equally qualified provider, qualified substitutes and all staff. Section 2.312(N): "a Department-approved training for recognizing the impact of bias on early childhood professionals. This course is required once and will be counted towards ongoing training requirements". Same list. Section 2.312(O): "Within ninety (90) calendar days of caring for children all qualified substitutes, and staff members must have at least one (1) hour of child development training. This training must include the major domains (cognitive, social, emotional, physical development and approaches to learning). This course is required once and will be counted towards ongoing training requirements if taken after the date of hire." This one is bound only to qualified substitutes and staff members — not to the primary provider or Applicant 2 — and it carries a conditional credit: it counts toward ongoing hours only "if taken after the date of hire." Section 2.312(P): "a Department-approved training regarding 'Injury Prevention for Homes.'
This course is required once and will count towards ongoing training requirements." Named course, home-specific. Section 2.312(Q): "Within ninety (90) calendar days of caring for children the primary provider, applicant 2, and the equally qualified provider must complete the Department-approved training 'Working with an Early Childhood Mental Health Consultant.' This course is required once and will be counted toward ongoing professional development." Narrower list — the three senior roles only. Section 2.304(A)(24) ties that last course to a statutory role: "'Early Childhood Mental Health Consultant' (ECMHC) means the same as 'mental health consultant' in section 26.5-3-701(1), C.R.S.," and section 2.304(A)(25) describes the services. Section 2.316(B)(19)(a) then requires your written policies to "Identify and consult with an early childhood mental health consultant or other specialists as needed" in the discipline and expulsion context. Colorado has built a consultation pathway into the training, the policies and the statute together. TWO REGISTRATIONS THAT ARE NOT TRAINING BUT BEHAVE LIKE IT.
Section 2.311(A)(18): "Primary provider, applicant 2, equally qualified providers, qualified substitutes, and all staff must register with the Colorado Shines Professional Development Information System." Everyone in the home who works with children, registered in the state system. SENATE BILL 26-020 section 1, signed 06/02/2026, adds C.R.S. § 26.5-5-333 requiring the executive director to "ADOPT RULES CONCERNING REQUIREMENTS FOR FACILITIES LICENSED PURSUANT TO THIS PART 3 TO MAINTAIN UP-TO-DATE EMPLOYEE RECORDS IN THE PROFESSIONAL DEVELOPMENT INFORMATION SYSTEM" — so the registration duty is about to become an ongoing maintenance duty, on terms not yet written into 8 CCR 1402-1. Section 2.305(A)(2): "Licensed family child care homes enrolling children five (5) years of age or younger are required to participate in Colorado Shines, the state quality rating and improvement system." Not a training, but a mandatory programme enrolment triggered by the age of a single child. THE EMERGENCY PREPAREDNESS TRAINING THAT LIVES IN THE GENERAL RULES. Section 2.133(A): "Prior to caring for children, all staff must complete a Department-approved training in emergency and disaster preparedness: Evacuation, Shelter in Place, Lockdown, and Active Shooter on Premises Plans for Children in Care."
Section 2.133(B): "Each staff member of the facility must be trained in fire safety and the use of available fire extinguishers and fire alarms." And section 2.134(A) requires the plan behind it: "All child care providers must have a written plan for: evacuating and safely moving children to an alternate site; lockdown; shelter in place; and an active shooter on premises. The plan must include provisions for multiple types of hazards, such as floods, fires, tornadoes, and active shooter situations. The plan must be updated as changes occur and reviewed annually. All employees of a child care provider must also be annually trained on the provider's written plan prior to caring for children, and retrained as changes occur." Providers routinely miss this because it sits at 2.133 rather than 2.312. It is pre-service, it applies to "all staff," and it is annually retrained. THE MEDICAL STATEMENT, WHICH IS A PRE-LICENSING CONDITION AND NOT A TRAINING. Section 2.311(A)(13): "Prior to license approval, the primary provider, applicant 2, and all persons residing in the home must obtain a medical statement signed and dated by a licensed physician or other health care provider."
Section 2.311(A)(13)(a): "All equally qualified providers, qualified substitutes, and staff members must obtain a medical statement signed and dated by a licensed physician or other health care provider within thirty (30) days of employment." Section 2.311(A)(14) sets the renewal: "Subsequent health evaluations for the primary provider, applicant 2, and children residing in the home who are less than ten (10) years of age must be obtained every two (2) years or as required in a written plan signed by a licensed physician or other health care provider. A new family member and/or a new resident of the home must obtain a health evaluation form signed and dated by a licensed physician or other health care provider within thirty (30) days from the date the individual began living in the home." Section 2.311(A)(14)(a) extends the two-year cycle to equally qualified providers, qualified substitutes and all staff members. Note the reach: EVERY person residing in the home needs a medical statement before the licence is approved — a spouse who never touches the business, an adult child, a lodger.
And the two-year renewal covers the provider, Applicant 2 and resident children under ten, not the whole household. Section 2.304(A)(41) defines who may sign: "'Health care provider' means a Licensed Physician, Physician's Assistant, and Nurse Practitioner registered or licensed with the Colorado Department of Regulatory Agencies' Division of Professions and Occupations." THE FULL PRE-SERVICE STACK, SEQUENCED. For a first-time regular-home applicant serving infants, the order that avoids wasted effort is: (1) confirm your square footage against 35 sq ft indoor and 75 sq ft outdoor per child, because it caps everything; (2) get the local zoning approval under section 2.122(B), which is a condition of issuance; (3) start the CBI/FBI fingerprints and Trails checks under sections 2.120 and 2.121 for yourself and every adult in the house, because those have the longest external lead time; (4) book the fifteen-hour pre-licensing course under section 2.312(B) unless exempt; (5) get medical statements for the whole household under section 2.311(A)(13); (6) complete the pre-service block — standard precautions, First Aid/CPR birth to 21, medication administration, building and premises, child abuse prevention, plus shaken baby if under-threes and safe sleep if infants — under section 2.312(C) through (I); (7) complete the emergency and disaster preparedness training under section 2.133(A) and write the four plans under sections 2.134 through 2.137; (8) register in the Colorado Shines PDIS under section 2.311(A)(18); (9) file the original application with the $65 fee at least sixty days out under sections 2.105(A) and 2.111(A). Then the thirty-day and ninety-day clocks start on the day you first care for children — not on the day the licence issues.
Ongoing (annual) training
FIFTEEN CLOCK HOURS EVERY YEAR, OF WHICH AT LEAST THREE MUST BE SOCIAL-EMOTIONAL — AND FIRST AID AND CPR DO NOT COUNT TOWARD ANY OF THEM. THE CORE OBLIGATION. Section 2.312(R): "The primary provider, applicant 2, equally qualified provider, qualified substitutes, and all staff members shall: 1. Complete a minimum of fifteen (15) clock hours of ongoing professional development each year. At least three (3) of the fifteen (15) clock hours must be in social emotional development." Everyone owes it — not just the licensee. A qualified substitute who covers you three days a year owes fifteen hours; a staff aide owes fifteen hours. "EACH YEAR" IS NOT THE CALENDAR YEAR. Section 2.304(A)(B) — the definitions run alphabetically, and the second entry reads: "'Annually' means the time frame from the initial date of hire, training, licensing, or certification, and the following twelve months." Section 2.304(A)(C) defines the other one: "'Calendar year' means the time frame from January 1 to December 31." Section 2.312(R)(1) says "each year," not "each calendar year," and the surrounding renewals in section 2.312 are expressed as "renewed annually," which the definition pegs to your own anniversary of hire, training, licensing or certification.
Every person in the home may therefore be running a different training year. The substitute clock at section 2.311(A)(3), by contrast, is expressly "per calendar year," as is the volunteer fingerprint threshold at section 2.121(D)(2). Colorado uses both units in the same rule set and means different things by them. THE SEVEN COMPETENCY AREAS. Section 2.312(R)(1)(a): "Ongoing training and courses shall demonstrate a direct connection to one or more of the following competency areas: 1) Child growth and development and learning courses that align with the competency domains of child growth and development; 2) Child observation and assessment; 3) Family and community partnership; 4) Social-emotional health and development promotion; 5) Health, safety, and nutrition; 6) Professional practice; and 7) Teaching practices." The three social-emotional hours map to area 4. Section 2.304(A)(88) defines what the state means by it: "'Social-emotional development' means the development of self-awareness and self-regulation as reflected in the desire and growing ability to connect with others and the ability to experience, express and regulate a full range of emotions, to pay attention, make transitions from one activity to another, and cooperate in the context of relationships with others."
COLLEGE CREDIT CONVERSION. Section 2.312(R)(2): "Each one (1) semester hour course with a direct connection to the competency area listed in rule section 2.312(Q)(1)(a), taken at a regionally accredited college or university shall count as fifteen (15) clock hours of ongoing training." One semester hour discharges the entire annual obligation. Note two things. First, the cross-reference is wrong: the competency list is at section 2.312(R)(1)(a), not 2.312(Q)(1)(a) — subsection (Q) is the "Working with an Early Childhood Mental Health Consultant" course and has no paragraph (1)(a). It is a broken internal citation inside the operative training rule of the current, in-force text. Second, "regionally accredited" is defined at section 2.304(A)(72) by naming the six bodies: "Middle States Association of Colleges and Schools, Northwest Association of Colleges and Schools, North Central Association of College and Schools, New England Association of Colleges and Schools, Southern Association of Colleges and Schools, and Western Association of Colleges and Schools." A course from a nationally-accredited-but-not-regionally-accredited institution does not convert.
THE TWO TRAPS. NO CARRY-OVER. Section 2.312(R)(3): "Training hours completed can only be counted during the year taken and cannot be carried over." Twenty hours this year does not buy you ten next year. FIRST AID AND CPR ARE EXCLUDED. Section 2.312(R)(4): "The fifteen (15) clock hours of training do not include recertification in First Aid and CPR." This is the most common misconception among Colorado home providers, because First Aid and CPR recertification is the training they most reliably do. It buys nothing toward the fifteen. WHAT DOES COUNT, AND THE RULE SAYS SO EXPLICITLY. Four of the mandatory courses in section 2.312 carry their own credit clause, and together they can cover most of a year: — Medication administration, section 2.312(E): "can be applied towards ongoing annual training hours in the year that it is completed." Every three years. — Shaken baby / abusive head trauma, section 2.312(G): "can be applied towards ongoing annual training hours in the year that it is completed." Every two years, if you serve under-threes. — Playground safety for homes, section 2.312(K): "This course is required once and will be counted towards ongoing training requirements." — The four ninety-day courses at sections 2.312(M), (N), (O) and (P): each "is required once and will be counted towards ongoing training requirements," with (O) qualified by "if taken after the date of hire," and section 2.312(Q) phrased as "will be counted toward ongoing professional development."
By contrast, sections 2.312(C) standard precautions, (D) First Aid/CPR, (F) building and premises, (H) child abuse prevention, (I) safe sleep, (J) the CDPHE immunization course and (L) reading the rule sets carry no credit clause. Read strictly, only the courses whose text grants credit grant it — and section 2.312(R)(4) puts First Aid and CPR beyond argument. THE CERTIFICATE, WHICH IS WHERE MOST CITATIONS COME FROM. Section 2.312(R)(5): "To be counted for ongoing training, a provider must receive for each training, a training certificate that includes: a. The title of the training; b. The competency domain or from a nationally approved vendor list; c. The date and clock hours of the training; d. The name and signature of the trainer or another approved method of verifying the name and qualifications of the trainer; e. Expiration of training, if applicable; and f. Connection to social-emotional focus, if applicable." Six mandatory elements. A certificate missing the competency domain, or missing the trainer's signature, or silent on whether the course carried a social-emotional focus, does not count — the rule says "To be counted." A provider who does thirty hours a year and files sloppy certificates is, on the face of the rule, a provider with zero countable hours.
Section 2.312(R)(6) puts a duty on the other side of the transaction: "The trainer must have documentation of their qualifications for each topic of training conducted, which must be available for review by representatives of the Department." That means the Department can ask for the trainer's own credentials, not just your certificate — a reason to prefer Department-approved vendors even where the rule does not require one. WHERE THE HOURS ARE FILED. Section 2.313(A)(7) requires each personnel file to include "Verification of training as required in rule section 2.312." Section 2.318(D)(4) requires records for "Primary providers, applicant 2, equally qualified providers, staff members, qualified substitutes, and volunteers records per rule sections 2.311, 2.312, 2.313, 2.314, and 2.315" to be kept "for three (3) years after the family child care home closes its license or stops providing care under its license; a child leaves the care of the family child care home or a staff member or volunteer terminates employment or volunteerism." And section 2.311(A)(18) requires everyone to be registered in the Colorado Shines Professional Development Information System, which is where Colorado expects the hours to be visible.
THE FIVE-YEAR VERSION OF THE SAME OBLIGATION. If you intend ever to hold an experienced family child care provider licence, section 2.310(A)(1)(c) turns the annual fifteen into a cumulative gate: "Have completed seventy-five (75) clock hours of training within the preceding five (5) years, or have a current early childhood professional credential level III (3) or higher ...; or individuals who have a current director qualifications letter issued by the Department. The seventy-five (75) clock hours of training does not include pre-licensing training, standard precautions, First Aid and CPR, or Medication Administration training." Fifteen hours a year for five years is exactly seventy-five — but only if none of those hours were pre-licensing, standard precautions, First Aid/CPR or medication administration. Medication administration counts toward the annual fifteen under section 2.312(E) and is expressly excluded from the seventy-five under section 2.310(A)(1)(c). The same course, credited in one place and disallowed in the other. A provider planning toward the experienced licence needs to bank surplus hours from the outset.
WHAT HAPPENS IF YOU DO NOT. Training failures are licensing violations like any other. Section 2.113(A)(5) exposes a licensed facility to fines "up to $250 a day for the first day, $500 for the second day, and $1,000 a day for the third and subsequent days, to a maximum of $10,000 for each violation," and section 2.113(A)(6) preserves the Department's separate power to "deny, suspend, revoke, make probationary, or refuse to renew that license." A founded complaint at severity level one or two, or any adverse action, also closes the door for two years on the three-under-eighteen-months licence (section 2.307(A)(3)-(4)), the infant/toddler licence (section 2.308(A)(1)(a)(1)), the large licence (section 2.309(A)(2)) and the experienced provider licence (section 2.310(A)(1)(d)-(e)).
Background checks
COLORADO RUNS FIVE DISTINCT CHECKS, NOT TWO — AND THE THIRD, FOURTH AND FIFTH ARE THE ONES PEOPLE MISS. A CBI/FBI fingerprint check; a Trails child abuse and neglect records check; a state criminal history, state sex offender registry and state abuse-and-neglect registry check for EVERY STATE you have lived in during the past five years; a National Sex Offender Registry check; and, done by the Department on its own initiative, a comparison search of the State Judicial Department's court case management system and the Colorado Department of Public Safety sex offender registry. All of them reach every adult who lives in your house, not merely everyone who works in it. CHECK ONE — FINGERPRINT-BASED CRIMINAL RECORD CHECK (CBI AND FBI). Section 2.121(A)(1): "In order to obtain any Colorado Bureau of Investigation (CBI) and/or Federal Bureau of Investigation (FBI) fingerprint criminal history records, each applicant listed below must have their fingerprints taken and processed at a vendor approved by CBI. Approved vendors may be located using the CBI website at Colorado.gov/cbi. Payment of the fee for the criminal record check is the responsibility of the individual being checked, identified as follows: a.
Each applicant for an original license for a center, facility, or agency and any adult eighteen (18) years of age or older who resides in the licensed center, facility or agency." Three operative facts. The prints must be taken at a CBI-APPROVED VENDOR — not at a police station of your choosing, not by an out-of-state livescan shop. The fee falls on the individual, not the business. And the duty attaches to "any adult eighteen (18) years of age or older who resides in the licensed ... facility," which in a family child care home means every adult in your household: spouse, partner, adult child, parent, lodger. The exempt-provider parallel is at section 2.121(A)(1)(b): "Each exempt family child care home provider who provides care for a child and each individual who provides care for a child who is related to the individual (referred collectively in this rule section as a 'qualified provider'), if the child's care is funded in whole or in part with money received on the child's behalf from the publicly funded Colorado Child Care Assistance Program; and, any adult eighteen (18) years of age or older who resides with a qualified provider where the care is provided."
So the licence exemption at section 2.112(B)(5) does not exempt you from fingerprinting if you take CCCAP money — and it drags your household in with you. Section 2.121(E): "Payment of the fee for the FBI check is the responsibility of the individual who is obtaining the check or the facility or agency." Section 2.121(D) covers employees: "Each owner and employee sixteen (16) years of age or older of a facility or agency shall complete the fingerprint process at an approved vendor. Payment of the fee for the criminal record check is the responsibility of the individual being checked or the facility or agency. The results of the criminal record check, the CBI and/or Federal Bureau of Investigation (FBI) response letters, must be maintained at the home, center, facility, or agency and must be available for review upon request by a Licensing Specialist." Note the age: SIXTEEN for employees, EIGHTEEN for residents. A sixteen-year-old staff aide is fingerprinted; a sixteen-year-old who merely lives in the house is not, until the fourteen-days-before-eighteen rule bites. THE TWO HOUSEHOLD DEADLINES THAT CATCH PEOPLE.
Section 2.121(C)(1): "Any resident of the family child care home or qualified exempt provider home turning eighteen (18) years of age shall complete the fingerprint process at an approved vendor fourteen (14) calendar days prior to their 18th birthday." Section 2.121(C)(2): "The fingerprint process shall be completed at an approved vendor within five (5) calendar days of when any new resident, eighteen (18) years of age or older, begins residing in a family child care home or qualified exempt provider home. Adults must not be allowed unsupervised access to children in care until all background checks have been successfully completed." Fourteen days BEFORE a birthday is an unusual construction — it requires you to act in advance of a fact that has not yet occurred. Put your resident teenagers' seventeenth-and-eleven-month dates in a calendar. And five calendar days for a new adult resident is a very short fuse for anyone who takes in a relative, a partner or a boarder. Section 2.124(A)(3)(d) separately makes a "Change of residents in the facility" a change "Requiring Written Notification to the Department and Prior Department Approval."
WHAT THE ANNUAL RENEWAL DOES NOT REQUIRE — AND WHAT THE FIVE-YEAR RULE DOES. Section 2.121(C): "At the time the annual declaration of compliance (see rule section 2.107(B) is submitted to the Department, except as required per this rule section 2.121(C), a criminal record check is required only for adults living at the licensed facility who have not previously obtained one. Because the Colorado Bureau of Investigation (CBI) provides the Department with ongoing notification of arrests, owners, applicants, licensees, and persons who live in the licensed facility who have previously obtained a criminal record check, they are not required to obtain additional criminal record checks." That paragraph is widely quoted as meaning "once fingerprinted, never again." It does not say that, and another paragraph of the same section says the opposite for the FBI half. Section 2.121(D)(5): "Every five (5) years, requests for FBI criminal record checks must be renewed by completing the fingerprint process at an approved vendor. An updated clearance letter or verification of the submission of the request must be obtained prior to five (5) years from the date reflected on the current clearance letter."
The two provisions sit in tension inside one rule section: (C) says previously-checked owners, applicants, licensees and residents "are not required to obtain additional criminal record checks"; (D)(5) says FBI checks "must be renewed" every five years, and requires the renewal to be obtained BEFORE the five-year mark on the existing clearance letter, not after. The prudent reading — and the one that matches the CBI's arrest-notification rationale, which covers Colorado arrests but not out-of-state ones — is that the CBI side rides on ongoing notification while the FBI side must be re-run every five years. Do not treat section 2.121(C) as a permanent exemption. CHECK TWO — TRAILS CHILD ABUSE AND NEGLECT RECORDS CHECK. Section 2.120(A): "An operator of a licensed facility, guest child care facility as defined in section 26.5-5-303(10), C.R.S., or an exempt family child care home provider must submit a request to determine if an operator, applicant for employment or current employee has been found responsible for a confirmed report of child abuse or neglect in the Department's automated system (Trails)."
Section 2.120(C): "The Trails child abuse or neglect records request must be made on the state-prescribed form, accompanied by the required fee within the following required time frames: 1. Child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt providers must meet the following: a. For all individuals whose activities involve the care or supervision of children or who have unsupervised access to children, requests must be submitted and successfully completed prior to caring for children or allowing unsupervised access to children." Section 2.120(C)(1)(a)(1) creates a limited bridging permission: "Individuals who have obtained a successfully completed CBI or FBI record check may care for children, for no longer than ninety (90) calendar days, while waiting for all other required background checks to be completed. The individual must be supervised at all times by an individual who has successfully completed all required background checks." Ninety days, supervised at all times, and only if the fingerprint check has already cleared.
The household deadlines mirror the fingerprint ones. Section 2.120(C)(1)(b): "For each adult eighteen (18) years of age or older, residing in a licensed family child care home or a qualified exempt provider home, requests must be submitted at time of application." Section 2.120(C)(1)(c): "For each adult eighteen (18) years of age or older, who begin residing in the home after care begins, requests must be submitted within five (5) calendar days of when he or she begins residing in the home, and these adults must not be allowed unsupervised access to children in care until all background checks have been successfully completed." Section 2.120(E) adds a consent requirement: "The Trails child abuse and neglect records request must be accompanied by the individual's written authorization to obtain such information from the State automated system, if applicable." Section 2.120(F) governs the result: "The Department will inform the requesting party in writing of whether the individual has been confirmed to be a person responsible for an incident of child abuse or neglect," and if so "must provide the requesting party with information regarding the date of the reported incident, the type of abuse or neglect with the severity level, and the county department that confirmed the report."
Section 2.120(G) then limits what you may do with it: "The information provided by the Department must serve only as the basis for further investigation. The director or operator may inform an applicant or employee that the report from the Department's automated system was a factor in the director or operator's decision with regard to the applicant or employee's employment." A confirmed Trails finding is a trigger for inquiry, not an automatic bar. Section 2.120(H) criminalises leaks: "Any person who willfully permits or who encourages the release of data or information related to child abuse or neglect contained in the Department's automated system to persons not permitted access to such information commits a Class 1 misdemeanor and may be punished as provided in section 18-1.3-501(1), C.R.S." AND THE FIVE-YEAR TRAILS RENEWAL, WHICH IS ROUTINELY OMITTED. Section 2.120(I): "Every five (5) years, all child abuse and neglect inquiry background checks must be renewed by resubmitting an inquiry form and current fee to the Department for processing. An updated clearance letter or verification of the submission of the inquiry form must be obtained before five (5) years from the date reflected on the current clearance letter."
So there are two five-year clocks running in parallel: FBI fingerprints under section 2.121(D)(5) and Trails under section 2.120(I). Both must be renewed BEFORE the anniversary, not on it. Section 2.120(J) requires you to hold the paper: "The results of the abuse and neglect inquiry must be maintained at the center, facility, or agency and must be available for review upon request by a Licensing Specialist." CHECK THREE — THE MULTI-STATE CHECKS, WHICH MOST SUMMARIES OF COLORADO OMIT ENTIRELY. Section 2.121(J): "State-based background checks. 1. The following background check requests must be submitted and successfully completed for each state an individual has resided in, in the past five years, prior to an individual caring for children or allowing the individual unsupervised access to children in child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt provider homes: a. State criminal history check; b. State sex offender registry check; c. State abuse and neglect registry check." Three checks, per state, for every state of residence in the past five years, completed BEFORE the person cares for children.
For a provider who moved to Colorado two years ago from Texas, that is three additional out-of-state clearances on top of the Colorado ones — and each state has its own form, fee and turnaround. This is the single largest source of unexpected delay in a Colorado home application, and it is invisible if you read only sections 2.120 and 2.121(A). CHECK FOUR — NATIONAL SEX OFFENDER REGISTRY. Section 2.121(D)(4)(b): "A National Sex Offender Registry check request must be submitted and successfully completed prior to an individual caring for children or allowing the individual unsupervised access to children in child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt provider homes." CHECK FIVE — THE DEPARTMENT'S OWN COMPARISON SEARCH. Section 2.121(H): "For all CBI fingerprint-based criminal history record information checks required in this rule section 2.121, including those confirming a criminal history as well as those confirming no criminal history, the Department will conduct a comparison search on the State Judicial Department's court case management system and the sex offender registry of the Colorado Department of Public Safety.
The court case management search must be based on name, date of birth, and address, in addition to any other available criminal history data that the Department deems appropriate, is used to determine the type of crime(s) for which a person was arrested or convicted and the disposition thereof. The sex offender registry search is used to determine whether the address of a licensee or prospective licensee is listed as belonging to a registered sex offender." Read the last sentence. The Department checks whether YOUR ADDRESS appears on the sex offender registry — not merely whether you do. A previous occupant, or a household member you did not disclose, can surface through the property record. And the comparison search runs even where the fingerprint check comes back clean. DEADLINES FOR EVERYONE ELSE. Section 2.121(D)(3): "Criminal background check requests for volunteers, whose activities involve the care and supervision of children; or who have unsupervised access to children, must be submitted and successfully completed prior to caring for children or allowing the individual unsupervised access to children in child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt provider homes."
Section 2.121(D)(2): "Except as required per rule section 2.121(D)(3), any adult volunteer, working as a staff member to meet the required staff-child ratio or staff qualifications, who works fourteen (14) days (112 hours) or more in a calendar year shall complete the fingerprint process at an approved vendor. ... An employee operating as a volunteer to meet required staff-child ratio that does not have a completed background check on file must be supervised at all times by a qualified staff member who has successfully completed all background checks." Section 2.121(D)(4): "Requests for a criminal record check, other than those required per this rule section 2.121(D)(4) must be completed at an approved vendor within five (5) working days of the day that the individual begins to work at the facility or agency. a. Criminal background check requests must be successfully completed prior to an individual caring for children or allowing the individual unsupervised access to children in child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt provider homes." (The self-referential exception in the opening clause — "other than those required per this rule section 2.121(D)(4)" — appears to be a drafting error for (D)(3).) Section 2.120(C)(2) sets the general Trails deadline for other settings: "All other requests except those specified in rule section 2.120(C)(1) must be submitted within ten (10) calendar days of the first day of employment for each employee or facility," and section 2.120(D) repeats the ten-day rule.
For family child care homes, however, the stricter rule in (C)(1)(a) governs: successfully completed before caring for children. Section 2.121(D)(1) covers departures: "When an individual leaves employment, the facility must submit to the Department a completed Notification of Name Removal form to request the removal of the individual's name from their facility license number in the CBI database." A named form, and a duty that outlives the employment. THE ABSOLUTE DISQUALIFIERS. Section 2.121(D)(7): "A child care facility shall not employ or certify an individual who has been convicted of: a. Child abuse, as defined in section 18-6-401, C.R.S. b. A crime of violence, as defined in section 18-1.3-406(2), C.R.S. c. An offense involving unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S. d. A felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S. e. A felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a license or certificate. f. A pattern of felony or misdemeanor convictions within the ten (10) years immediately preceding submission of the application."
The pattern test is quantified — and it is the provision most likely to surprise someone with an untidy but non-violent record. Section 2.121(D)(7)(f): "'Pattern of felony or misdemeanor' shall include consideration of sections 26.5-5-317 and 26.5-5-309(4), C.R.S., regarding suspension, revocation and denial of a license, and shall be defined as: 1) Three (3) or more convictions of third (3rd) degree assault as described in section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in section 18-6-800.3, C.R.S.; 2) Five (5) misdemeanor convictions of any type, with at least two (2) convictions of third (3rd) degree assault as described in section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in section 18-6-800.3, C.R.S.; or 3) Seven (7) misdemeanor convictions of any type." Seven misdemeanours of any type in ten years is a bar. Not seven serious ones — seven of any type.
Section 2.121(D)(7)(g) extends all of it across state lines: "Any offense in any other state, the elements of which are substantially similar to the elements listed in this rule section 2.121(D)(7)." Note what the rule means by "convicted" in this context. The parallel provision in the Human Services rulebook at 12 CCR 2509-8 section 7.710.34(D) spells it out: "'Convicted' means a conviction by a jury or a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere". A deferred judgment you believed had "gone away" is a conviction for these purposes. THE REPORTING DUTY WHEN YOU HIRE SOMEONE WITH A RECORD. Section 2.121(D)(6): "Facilities and agencies that hire individuals who have been convicted of any felony, except those listed in rule section 2.121(D)(7) below, unlawful sexual behavior, or any misdemeanor, the underlying factual basis of which has been found by the court on record to include an act of domestic violence must inform the Department of that hiring within fifteen (15) calendar days of receiving knowledge of the conviction."
DISCRETIONARY GROUNDS THAT REACH YOUR HOUSEHOLD AND YOUR RELATIVES. Section 2.121(F): "The Department may deny, revoke, suspend, change to probationary or fine a child care facility if the applicant(s), an affiliate of the applicant, or any person living with or employed by the applicant has been found to violate any of the provisions set forth in section 26.5-5-317(2), C.R.S." Section 2.104(A) defines "Affiliate of a licensee" broadly: "any person or entity that owns more than five (5) percent of the ownership interest in the business ...; or, any person who is directly responsible for the care and welfare of children served; or, any executive, officer, member of the governing board, or employee of a licensee; or, a relative of a licensee, which relative provides care to children at the licensee's facility or is otherwise involved in the management or operations of the licensee's facility." Section 2.121(G) reaches further still: "The Department may deny an application for a child care facility license if the applicant is a relative affiliate of a licensee, as described in section 26.5-5-303(1.5)(d), C.R.S., of a child care facility, which is the subject of a previous negative licensing action or is the subject of a pending investigation by the Department that may result in a negative licensing action."
Your sister's troubled licence can be grounds to deny yours. THE NARROW EXEMPTIONS, WHICH DO NOT HELP A HOME PROVIDER. Section 2.121(B) exempts short-term out-of-state staff only "in the case of a children's resident camp or school-age child care center," and requires those persons to sign an affirmation and be "supervised at all times by a staff member who has successfully completed all background checks." Section 2.120(B) does the same for the Trails check. Neither reaches family child care homes. PORTABILITY, WHICH ALSO DOES NOT HELP A HOME PROVIDER. Section 2.121(I)(1) allows one check to satisfy several facilities only "Where two or more individually licensed facilities are wholly owned, operated, and controlled by a common ownership group or school district," with a central records management system and notification duties. A family child care home under section 2.110(A) can hold only one classification at one address; the portability provision is written for chains and districts. WHERE THE PAPER LIVES AND HOW LONG. Section 2.121(D): CBI/FBI response letters "must be maintained at the home, center, facility, or agency and must be available for review upon request by a Licensing Specialist."
Section 2.120(J): Trails results likewise. Section 2.313(A)(8) requires each personnel file to contain "All information and documentation from background checks as required rule sections 2.120 and 2.121 of the 'General Rules For Child Care Facilities.'" Section 2.318(D) requires those records to be kept "for three (3) years after the family child care home closes its license or stops providing care under its license; a child leaves the care of the family child care home or a staff member or volunteer terminates employment or volunteerism at the family child care home." THE PERJURY WARNING ON THE HIRING SIDE. Section 2.131(A)(1): "Every application used in the State of Colorado for employment with a child care provider or facility, must include the following notice to the applicant: 'Any applicant who knowingly or willfully makes a false statement of any material fact or thing in the application is guilty of perjury in the second degree as defined in section 18-8-503, C.R.S., and upon conviction thereof, shall be punished accordingly.'" If you hire anyone — a substitute, a staff aide — your employment application form must carry that sentence verbatim.
WHAT THE RULE STILL DOES NOT TELL YOU. Neither section 2.120 nor section 2.121 states a dollar amount. Section 2.120(C) says the request must be "accompanied by the required fee"; section 2.121(A)(1) says "Payment of the fee for the criminal record check is the responsibility of the individual being checked" and directs you to "Colorado.gov/cbi" for approved vendors. The fee schedule at section 2.111(C) prices licence applications, continuations, capacity changes, premises changes, duplicate licences and appeals — and prices no background check at all. Budget for them, but do not expect the rule to quantify them.
The application, step by step
Work through these in order — the prep packet turns them into a checklist you can tick off:
- MEASURE THE HOUSE BEFORE ANYTHING ELSE, BECAUSE SPACE — NOT LICENCE TYPE — SETS YOUR REAL CAPACITY. Section 2.305(A)(1): "The capacity for a family child care home ... is determined by the amount of indoor and outdoor space designated for child care, as well as the below factors." Indoors you need "at least thirty-five (35) square feet of floor space per child, including space for moveable furniture and equipment exclusive of: a. Hallways; b. Bathrooms; c. Stairways; d. Closets; e. Laundry rooms; f. Furnace rooms; and g. Space occupied by permanent built-in cabinets and permanent storage shelves" (section 2.336(A)(1)). Outdoors you need "At least seventy-five (75) square feet of useable outdoor play space ... for each child in care" (section 2.337(A)(1)), enclosed by "at least a forty-two inch (42) fence with slats no more than four (4) inches apart, or a natural barrier. If a natural barrier is used, it must begin no higher than three and one-half inches (3-1/2) from the ground" (section 2.337(A)(2)), with all parts "visible and easily supervised" and shade available (section 2.337(A)(3)-(4)). Six children needs 210 sq ft indoors and 450 sq ft outdoors; twelve needs 420 and 900. If you have no fenced play space, section 2.337(A)(2) says "the provider may apply for an outdoor hardship waiver" — plan for that application, not around it.
- CHOOSE ONE OF THE FIVE LICENCE TYPES, AND UNDERSTAND THAT YOU CANNOT STACK THEM. Regular (section 2.306), three-under-eighteen-months (section 2.307), infant/toddler (section 2.308), large (section 2.309) or experienced provider (section 2.310). Section 2.110(A): "If a licensee wishes to assume child care responsibility in more than one classification of care, separate applications, fees, and licensing evaluations are required for each classification. A family child care home may only be licensed as one type of classification at any one location address." Section 2.110(C): "Operating multiple licenses of the same classification at a single location by the same licensee or governing body is prohibited." Three of the five types are gated on prior Colorado licensure — two years for the three-under-eighteen-months licence (section 2.307(A)(1)), five consecutive years or 9,100 hours as a director or Department-certified early childhood teacher for the experienced provider licence (section 2.310(A)(1)(a)) — so a first-time applicant is choosing between the regular, infant/toddler and large types only.
- GET WRITTEN ZONING APPROVAL FROM THE LOCAL ZONING DEPARTMENT — IT IS A CONDITION OF ISSUANCE. Section 2.122(B): "Prior to the original license being issued, all child care facilities, must submit to the Department written approval from the local zoning department approving operation of the facility. The approval must include the address of the child care facility and the ages and number of children to be served. The facility must also submit written zoning department approval to the Department any time there is a change to the license, including moving the facility to another location, increasing the capacity, or adding different ages of children." Section 2.122(C): "All child care facilities must operate in compliance with local planning and zoning requirements of the municipality, city and county, or county where the facility is located." Know your leverage before you go: C.R.S. § 26.5-5-310(1)(b), enacted by House Bill 21-1222, requires that "LOCAL GOVERNING AUTHORITIES SHALL TREAT FAMILY CHILD CARE HOMES AS RESIDENTIAL PROPERTY USE IN THE APPLICATION OF LOCAL REGULATIONS, INCLUDING ZONING, LAND USE DEVELOPMENT, FIRE AND LIFE SAFETY, SANITATION, AND BUILDING CODES. LOCAL GOVERNING AUTHORITIES SHALL NOT IMPOSE ANY ADDITIONAL REGULATIONS GOVERNING FAMILY CHILD CARE HOMES THAT DO NOT ALSO APPLY TO OTHER RESIDENTIAL PROPERTIES," with only two exceptions — case-by-case prohibition of "TWO OR MORE LARGE FAMILY CHILD CARE HOMES" in "IMMEDIATELY ADJACENT RESIDENCES," and management of "THE FLOW OF TRAFFIC AND PARKING RELATED TO ADJACENT LARGE FAMILY CHILD CARE HOMES." And since 2026, C.R.S. § 26.5-5-310(1)(c), added by Senate Bill 26-020 (signed 06/02/2026), requires a local authority that imposes extra requirements to "PRIORITIZE THE INSPECTION, PERMITTING, LICENSING, OR APPROVAL PROCESS OF A ... FAMILY CHILD CARE HOME WITH WHICH THE LOCAL GOVERNING AUTHORITY HAS HAD A DISPUTE OR CAUSED A DELAY" and to "LIMIT, TO A REASONABLE MAXIMUM ESTABLISHED BY DEPARTMENT RULE, THE FEES" for anything the state does not require. The fee-cap rule has not yet been written into 8 CCR 1402-1; the priority duty is immediate.
- KNOW WHAT YOU DO NOT NEED: NO FIRE INSPECTION AND NO HEALTH INSPECTION. Section 2.122(A): "Prior to the original license being issued, following the renovation of the facility that would affect the licensing of the facility and at least every two (2) years thereafter, all child care facilities except family child care homes and Neighborhood Youth Organizations must be inspected and obtain an approving inspection report from the local department of health or the Colorado Department of Public Health and Environment (CDPHE) and from the local fire department." Family child care homes are carved out by name. If a municipality demands a fire or health inspection of your home that it does not demand of any other residence, C.R.S. § 26.5-5-310(1)(b) is the provision to cite back.
- IF YOU LIVE IN A COMMON INTEREST COMMUNITY, YOUR HOA CANNOT STOP YOU. C.R.S. § 38-33.3-106.5(1), added to by Senate Bill 20-126: "Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following: ... (k)(I) THE OPERATION OF A FAMILY CHILD CARE HOME, AS DEFINED IN SECTION 26-6-102 (13), THAT IS LICENSED UNDER PART 1 OF ARTICLE 6 OF TITLE 26" — cross-references since conformed to section 26.5-5-303 and part 3 of article 5 of title 26.5. The limits, as enacted: architectural control, parking, landscaping and noise rules survive; "THE ASSOCIATION SHALL MAKE REASONABLE ACCOMMODATION FOR FENCING REQUIREMENTS APPLICABLE TO LICENSED FAMILY CHILD CARE HOMES"; the protection "DOES NOT APPLY TO A COMMUNITY QUALIFIED AS HOUSING FOR OLDER PERSONS"; and the association "MAY REQUIRE THE OWNER OR OPERATOR ... TO CARRY LIABILITY INSURANCE, AT REASONABLE LEVELS DETERMINED BY THE ASSOCIATION'S EXECUTIVE BOARD," naming the association as an additional insured with that cover "PRIMARY TO ANY INSURANCE THE ASSOCIATION IS REQUIRED TO CARRY."
- START THE BACKGROUND CHECKS FIRST, BECAUSE THEY HAVE THE LONGEST EXTERNAL LEAD TIME AND THE WIDEST REACH. Fingerprints at a CBI-approved vendor for yourself and "any adult eighteen (18) years of age or older who resides in the licensed center, facility or agency," with the fee payable by the individual (section 2.121(A)(1)(a)). A Trails child abuse and neglect records request "on the state-prescribed form, accompanied by the required fee," submitted "at time of application" for every adult resident (sections 2.120(C) and 2.120(C)(1)(b)). A National Sex Offender Registry check "submitted and successfully completed prior to an individual caring for children" (section 2.121(D)(4)(b)). And — the one that adds weeks — section 2.121(J)(1): "The following background check requests must be submitted and successfully completed for each state an individual has resided in, in the past five years, prior to an individual caring for children ...: a. State criminal history check; b. State sex offender registry check; c. State abuse and neglect registry check." If you or any adult in the house has lived outside Colorado in the last five years, that is three out-of-state clearances per state, each on its own timetable.
- GET MEDICAL STATEMENTS FOR THE WHOLE HOUSEHOLD BEFORE APPROVAL. Section 2.311(A)(13): "Prior to license approval, the primary provider, applicant 2, and all persons residing in the home must obtain a medical statement signed and dated by a licensed physician or other health care provider." Staff have thirty days from employment (section 2.311(A)(13)(a)). Renewals every two years for the provider, Applicant 2 and resident children under ten, and within thirty days for anyone who moves in later (section 2.311(A)(14)). Signatory qualifications are fixed by section 2.304(A)(41): "a Licensed Physician, Physician's Assistant, and Nurse Practitioner registered or licensed with the Colorado Department of Regulatory Agencies' Division of Professions and Occupations."
- COMPLETE THE FIFTEEN-HOUR PRE-LICENSING COURSE UNLESS YOU ARE ONE OF TWO NARROW EXCEPTIONS. Section 2.312(B): "Prior to issuance of the license or providing care to children, the primary provider, applicant 2, and equally qualified provider, must complete a Department approved fifteen (15) clock hour pre-licensing course of training." Section 2.312(B)(1) exempts only "Individuals who have a current director qualifications letter issued by the Department" or "Individuals with a Bachelor's, Master's, or Doctorate degree from an accredited college or university with a major area of study in Elementary Education or Early Childhood Education."
- COMPLETE THE PRE-SERVICE TRAINING BLOCK BEFORE ANY CHILD IS IN YOUR CARE. Standard precautions meeting OSHA requirements, renewed annually (section 2.312(C)); First Aid and CPR "for all ages of children from infant to twenty-one (21) years of age," with a lighter basic module renewed every two years for staff not required to be certified (section 2.312(D) and (D)(1)); medication administration, repeated every three years and creditable toward your annual hours (section 2.312(E)); building and physical premises hazards training that you write and deliver yourself, covering "electrical hazards, bodies of water, vehicular traffic, handing and storage of hazardous materials, and the appropriate storage of biological contaminants," with retraining whenever the premises change (section 2.312(F)); child abuse prevention, renewed annually (section 2.312(H)); shaken baby / abusive head trauma if you serve children under three, renewed every two years (section 2.312(G)); safe sleep if you serve infants, renewed annually (section 2.312(I)); and, from the General Rules, "a Department-approved training in emergency and disaster preparedness: Evacuation, Shelter in Place, Lockdown, and Active Shooter on Premises Plans for Children in Care" plus fire safety and extinguisher training for all staff (section 2.133(A)-(B)).
- WRITE THE FOUR EMERGENCY PLANS AND THE FIRE SAFETY PLAN. Section 2.134(A) requires "a written plan for: evacuating and safely moving children to an alternate site; lockdown; shelter in place; and an active shooter on premises ... updated as changes occur and reviewed annually," with all employees "annually trained on the provider's written plan prior to caring for children." Section 2.135(A): "a written plan for emergency notification of parents and reunification of families following an emergency or disaster." Section 2.136(A): "a written plan that accounts for children with disabilities as defined in 42 U.S.C. Section 12102 and those with access and functional needs as defined in the State Emergency Operations Plan (2019) (SEOP)," which "must include a specific requirement indicating how all children with special needs will be included in the emergency plan." Section 2.137(A): "a written plan for continuity of operations in the aftermath of an emergency or disaster," covering essential staffing and predetermined roles, backing up or retrieving staff and children's files, and protecting confidential and financial records. And section 2.317(B)(1) adds the home-specific fire plan: primary and secondary escape routes, procedure for assisting persons unable to escape unassisted, how to account for all persons evacuated, primary and alternate means of notifying emergency responders, an outside meeting location and the location of fire extinguishers — "reviewed at least annually."
- WRITE THE STATEMENT OF POLICIES AND PROCEDURES — THIRTY-SIX REQUIRED TOPICS. Section 2.316(A) requires it to be handed to every parent at enrolment and on every amendment, with "a signed document stating that the parent(s)/guardian(s) have received the policies and procedures," and provides that "By signing the policies and procedures document, the parent(s)/guardian(s) agree to follow, accept the conditions of, and give authorization and approval for the activities described in the policies and procedures." Section 2.316(B) then lists thirty-six mandatory contents, from "Admission and registration procedures" through fee schedules, late pick-up, hours and closures, services for children with disabilities under the ADA, acceptance and notification of non-immunized children, substitute care and back-up, field trips and excursions, transportation and vehicle restraints, media use and time limits, meals and allergies, breast-to-bottle transition, behaviour guidance, suspension and expulsion procedures with mental-health consultation, rest time, safe sleep, diapering, outdoor play in inclement weather, sunscreen, second-hand smoke, illness and exclusion, medication, adverse weather, emergency and disaster procedures, lost-child procedures, child abuse reporting contacts, complaint procedure and Department contact details, "Where a parent may obtain the official copy of these 'Rules Regulating Family Child Care Homes,' including the location on the Colorado Secretary of State's website," a recall-monitoring plan, and a policy on chickens, reptiles and amphibians reflecting the CDC, AAP and CDPHE recommendation that they "be inaccessible to children under the age of five (5)."
- REGISTER IN THE COLORADO SHINES PROFESSIONAL DEVELOPMENT INFORMATION SYSTEM, AND ENROL IN COLORADO SHINES IF YOU WILL SERVE UNDER-SIXES. Section 2.311(A)(18): "Primary provider, applicant 2, equally qualified providers, qualified substitutes, and all staff must register with the Colorado Shines Professional Development Information System." Section 2.305(A)(2): "Licensed family child care homes enrolling children five (5) years of age or younger are required to participate in Colorado Shines, the state quality rating and improvement system." Note also C.R.S. § 26.5-5-333, added by Senate Bill 26-020 in 2026, which directs the executive director to adopt rules requiring licensed facilities "TO MAINTAIN UP-TO-DATE EMPLOYEE RECORDS IN THE PROFESSIONAL DEVELOPMENT INFORMATION SYSTEM" — a maintenance duty that is coming and is not yet in the rule.
- FILE THE ORIGINAL APPLICATION WITH THE FEE AT LEAST SIXTY CALENDAR DAYS BEFORE YOU INTEND TO OPEN. Section 2.105(A): "A completed original application accompanied by the appropriate fee must be submitted to the Department a minimum of sixty (60) days prior to the proposed opening date for the facility." Section 2.105(B): "A licensing evaluation will occur only after the Department has received the complete application and appropriate fee." Section 2.111(A): "The appropriate application fee, must be submitted to the Department with the application for a child care, agency or neighborhood youth organization license at least sixty (60) calendar days prior to the anticipated opening date of the facility or the expiration date of the provisional or probationary license." The fees, from the table at section 2.111(C): FAMILY CHILD CARE HOMES (1-6 CHILDREN) — "Original Application $65.00 / Continuation $65.00"; LARGE FAMILY CHILD CARE HOMES (7-12 CHILDREN) — "$100.00 / $100.00"; EXPERIENCED FAMILY CHILD CARE PROVIDER (UP TO 9 CHILDREN) — "$100.00 / $100.00"; each footnoted "(*One year from licensed anniversary date)."
- IF YOU ARE APPLYING AS AN EXPERIENCED PROVIDER, FILE THE SEPARATE SIGNED APPLICATION SIXTY DAYS OUT AND UNDERSTAND WHAT YOU ARE SIGNING. Section 2.310(A)(2): "At least sixty (60) calendar days prior to the proposed date of operation as an experienced provider, the applicant must submit to the Department a completed and signed experienced provider application form, which: a. Affirms compliance with all the rules for licensed family child care homes and experienced providers; and b. Affirms the provider understands that the license will be submitted for adverse action if capacities are exceeded at any time." No other home licence type asks you to pre-commit to adverse action for a capacity breach.
- EXPECT A PROVISIONAL LICENCE IF YOU CANNOT YET MEET EVERY RULE — BUT ONLY ONCE. Section 2.108(A): "A provisional license or certificate may be issued only for the initial six (6) month licensing period." Section 2.108(B): "This license permits the facility to operate while it is temporarily unable to conform to all rules upon proof by the applicant that attempts are being made to comply with the rules." Section 2.108(C): "If an applicant holds a valid provisional license at the time of application for a permanent license, the provisional license will remain in effect until the application is acted on by the Department." A separate provisional route exists for zoning disputes under C.R.S. § 26.5-5-310(3), which permits the department to "grant a provisional license to the facility for up to six months pending resolution of the delay or dispute."
- RECEIVE THE PERMANENT LICENCE — WHICH HAS NO EXPIRY DATE. Section 2.107(A): "A permanent license is granted when the Department is satisfied that the facility or agency is in compliance with the appropriate Department rules and the Child Care Licensing Act. The permanent license remains in effect until surrendered or revoked." Colorado does not renew home licences on a term; it continues them on a declaration.
- FILE THE ANNUAL DECLARATION OF COMPLIANCE AND CONTINUATION NOTICE SIXTY DAYS BEFORE YOUR ANNIVERSARY, WITH THE FEE. Section 2.107(B): "Once a permanent license has been issued, the licensee must annually submit to the Department a declaration of compliance with the applicable licensing rules and notice of continuing operation on the form prescribed by the Department, along with the appropriate annual fee as set forth in rule section 2.111." Section 2.107(C): "Failure to submit the annual Continuation Notice and fee will constitute a consistent failure to maintain Department standards and may result in fines or the revocation of the license." Section 2.111(B): "The appropriate annual continuation fee, must be submitted to the Department annually, at least sixty (60) calendar days prior to the anniversary date of the license, along with a completed continuation declaration." At that moment, per section 2.121(C), "a criminal record check is required only for adults living at the licensed facility who have not previously obtained one" — but the five-year FBI renewal at section 2.121(D)(5) and the five-year Trails renewal at section 2.120(I) run on their own clocks regardless.
- REGISTER YOUR OPERATIONAL STATUS TWICE A YEAR, IN APRIL AND OCTOBER. Section 2.318(A): "The primary provider must register their operational status information in the Department's provider status portal every calendar year in the months of April and October." Section 2.318(A)(1): "The primary provider must update their information any time their operational status changes during a declared state emergency." Section 2.304(A)(57) defines the content: "'Operational status information' means if the family child care home is open, closed, or temporarily closed."
- RE-APPLY — DO NOT AMEND — IF THE LICENSEE, THE CLASSIFICATION OR THE ADDRESS CHANGES. Section 2.106(A): "A license is deemed surrendered and a new application is required in any of the following circumstances: 1. Change of licensee, owner, or governing body; 2. Change in classification of facility or service offered; or 3. Change in location of the facility." Moving house, adding a spouse as licensee, or upgrading from a regular to a large home each surrender your existing licence and restart the sixty-day clock at section 2.105(A) with a fresh fee.
- GET PRIOR APPROVAL FOR EVERYTHING ELSE THAT CHANGES. Section 2.124(A)(3): written notification and prior Department approval are required for "a. Proposed change in the number or age of children for whom the facility is licensed that differs from that authorized by the license. b. Changes in the physical facility or use of rooms for child care at a facility. c. Change of name of the facility or agency. d. Change of residents in the facility, not to include those residents placed in the facility by a county department." Capacity and premises changes cost $97.00 each under section 2.111(C), and a capacity or age-range change also triggers fresh zoning approval under section 2.122(B).
- KNOW THE THREE APPEAL AND WAIVER ROUTES BEFORE YOU NEED THEM. Section 2.114: "The Department is authorized to hear and decide three kinds of appeal or waiver requests by applicants or licensees: hardship appeals in this rule set, also referred to as hardship waivers, stringency appeals, and materials waiver requests." Hardship waivers, section 2.115(A): a right "to appeal, pursuant to section 26.5-5-314(5), C.R.S., any rule or standard which, in their opinion, poses an undue hardship," where "Undue hardship is a situation where compliance with the rule creates a substantial, unnecessary burden on the applicant or licensee's business operation or the families or community it serves, which reasonable means cannot remedy. An undue hardship does not include the normal cost of operating the business." Emergency hardship appeals cover "Natural disasters; Infectious disease outbreaks; Mold outbreaks; or Acts of nature or an accident resulting in structural damage." Section 2.115(B): sixty calendar days to file, on the state-prescribed form, "Each rule appealed requires an individual appeal and applicable fee." Section 2.115(C): you must "include a proposed alternate compliance plan." Stringency appeals, section 2.116(A), challenge a rule "too stringently applied by a representative of the Department" — but "Disputes over the factual accuracy of a cited violation are not reviewable under this provision and must be resolved with the licensing representative's supervisor." Materials waivers, section 2.117(A), are available only to "A child care center" — not to homes. Appeal fees, section 2.111(D) and the "LESS THAN 24-HOUR APPEAL AND FEES (PER CALENDAR YEAR)" table: "Initial appeal request Free; Second appeal request $10.00; Three or more requests $25.00; Emergency Appeals Free," with section 2.111(D) adding "There will be no charge for waiver requests or emergency appeals." Section 2.118(A) is the trap: "The applicant or licensee must comply with all child care licensing rules and standards, including the rule(s) subject to an appeal or materials waiver request, until the applicant or licensee has received a written decision granting the appeal or waiver." Filing does not suspend the rule.
- UNDERSTAND WHAT AN APPROVED WAIVER OBLIGES YOU TO DO AFTERWARDS. Section 2.118(C)(1): "For hardship appeals and materials waiver requests, the official decision letter must be posted next to the child care license until its expiration date. If there is no expiration date, the letter expires three (3) years from its date." Section 2.118(C)(2): any change to the alternate compliance plan requires a wholly new appeal. Section 2.118(C)(3): "If, after the Department approves a hardship appeal or materials waiver request, the applicant or licensee violates the terms and conditions described in the approved alternate compliance plan, approved safety policy, or official decision letter, the Department's approval will immediately be rescinded and considered null and void. For purposes of this provision, any injuries, accidents, or founded complaints or investigations related to the appealed or waived licensing rule constitute a violation." An injury related to the waived rule voids the waiver automatically. Section 2.118(D)(1) preserves a further step: an administrative hearing under C.R.S. § 24-4-105, requested in writing "within thirty (30) calendar days from the date the applicant or licensee received the Department's decision," where "the applicant or licensee will bear the burden of proof by a preponderance of the evidence."
- SET UP THE PREMISES TO THE HOME-SPECIFIC SAFETY RULES BEFORE THE LICENSING VISIT. Section 2.335(A) warns you what will be looked at: "The entire premises are subject to inspection for licensing and safety purposes including, but not limited to, the entire residence and where care is to be provided, the grounds surrounding the residence, the basement, the attic, the storage shed, garage or carport, and any vehicles used for transportation of children in care." The rules that most often need work in advance: all weapons "unloaded, locked, and inaccessible to children," with weapons, ammunition and arrows "locked and stored separately," antique guns rendered inoperable with the firing pin removed, and staff and volunteers prohibited from carrying firearms on the premises or in vehicles (section 2.335(E)); gates on stairways of more than four steps when children under two are present, with the express instruction that adults "must never step over a gate while holding a child or lift a child over a gate" (section 2.335(I)-(J)); annual testing of any non-public drinking water "for total coliform, e. Coli bacteria, and nitrate" against 5 CCR 1002-11 rule 11.45 (section 2.335(K)); a heating unit "capable of maintaining a draft-free temperature of a minimum of sixty-eight (68) degrees Fahrenheit at floor level in all rooms used for child care" (section 2.336(A)(4)); pools "enclosed with a five foot (5') fence and a locked gate," hot tubs covered and prohibited to children, trampolines prohibited and stored inaccessibly, tree houses inaccessible, decks over twelve inches railed and window wells covered (section 2.337(A)(5)-(14)); and "a carbon monoxide detector installed in the area of the child care facility as recommended by the manufacturer and in the area where children sleep" (section 2.138(H)).
- PLAN THE DRILL CALENDAR, BECAUSE IT STARTS ON DAY ONE. Section 2.138(A): "Emergency drills, lockdown and active shooter on premises drills must be held at least quarterly but often enough so that all occupants are familiar with the drill procedure ... Fire drills must be held monthly and be consistent with local fire department procedures. Tornado drills must be held monthly from March to October. A record of all emergency drills held over the past twelve (12) months must be maintained by the facility or center, including date and time of drill, number of adults and children participating, and the amount of time taken to evacuate." Section 2.138(B): "Drills must be held at unexpected times and under varying conditions." Section 2.138(F) adds forest fire and flood drills "If appropriate to the location of the facility." Section 2.318(C) requires the emergency records — annual plan review dates, the twelve-month drill record and "Dates of monthly smoke alarm testing" — to be kept at the home for twelve months.
- COMPLETE THE THIRTY-DAY AND NINETY-DAY TRAINING ON THE CLOCK THAT STARTS WHEN YOU FIRST CARE FOR CHILDREN. Within thirty calendar days: the CDPHE immunization course, renewed annually, for the primary provider and anyone handling immunization records (section 2.312(J)); Department-approved playground safety for homes, once, creditable toward ongoing hours (section 2.312(K)); and reading and being trained on all three rule sets, with a signed statement in each personnel file (sections 2.312(L) and 2.313(A)(4)). Within ninety calendar days: the introduction to early intervention and preschool special education (section 2.312(M)); the training on recognizing the impact of bias (section 2.312(N)); one hour of child development training covering the major domains, for qualified substitutes and staff members (section 2.312(O)); "Injury Prevention for Homes" (section 2.312(P)); and "Working with an Early Childhood Mental Health Consultant" for the primary provider, Applicant 2 and equally qualified provider (section 2.312(Q)).
- IF YOU ALSO WANT TO FOSTER, READ THE OTHER DEPARTMENT'S RULEBOOK. 12 CCR 2509-8 section 7.710.33(E) permits dual status — "An applicant may apply to become a dual care provider to operate a family child care home as well as a foster care home. The foster home will be certified by the CPA and the family child care home will be licensed by the Colorado Department of Human Services. Both sets of standards shall be met" — and section 7.710.33(F) caps it: "A home that is licensed as a family child care home may only be certified for foster care for one child or for a group of siblings. A foster care home dually licensed as a family child care home shall not be certified as a host family home providing shelter to homeless youth." Sections 7.710.33(G) and (H) require the child placement agency to report complaints, abuse investigations, placements, removals and certificate actions to "the Division of Child Care," and 7.710.33(L)(8) and (M) require the CPA's initial and annual unannounced inspections to check compliance "with the rules regulating Family Child Care Homes." That rule is current — its version is effective 03/02/2026 — even though the department and division names inside it were superseded by the 2022 creation of CDEC.
What you must post on your walls
- THE CURRENT CHILD CARE LICENCE, in a prominent and conspicuous location easily observable by anyone entering, at all times during operating hours. Section 2.127(A): "At all times during the operating hours of the facility, the facility/agency must post the current child care license in a prominent and conspicuous location easily observable by those entering the child care facility." Note "current" — a licence reflecting a superseded capacity, age range or name is not current, and section 2.124(A)(3) requires prior Department approval for each of those changes. A replacement costs $40.00 under the "Duplicate Licenses" line of section 2.111(C).
- THE MOST RECENT LICENSING INSPECTION REPORT — OR A NOTICE SAYING WHERE IT MAY BE REVIEWED. Section 2.127(B): "At all times during the operating hours of a family child care home, child care center, school-age child care center, or children's resident camp, the facility must post its most recent licensing inspection report or a notice as to where the report may be reviewed at the facility by the parent or legal guardian of a child or their designee." The alternative is a notice of location, not an offer to produce on request — the notice itself must be posted. Section 2.130(B) reinforces the underlying access right: "During the hours of operation, the facility's most recent licensing, fire department, and health department inspection reports must be accessible to parents and legal guardians of children in care or their designee and to parents and legal guardians considering placing their children in care at the facility." That access right extends to prospective parents who have not enrolled anyone.
- HOW TO FILE A COMPLAINT WITH CDEC, INCLUDING THE TELEPHONE NUMBER AND MAILING ADDRESS. Section 2.127(C): "At all times during the operating hours of a family child care home, child care center, preschool, school-age child care center, children's resident camp and Neighborhood Youth Organization, the facility must post in a prominent and conspicuous location information regarding the procedures for filing a complaint with the Colorado Department of Early Childhood, including the telephone number and mailing address." The same information must also be handed over in writing rather than merely posted: section 2.125(A) requires it "to parents or legal guardians at the time of admission and staff members at the time of employment," and it "must include the complete name, mailing address, and telephone number of the Colorado Department of Early Childhood." Your written policy statement must carry it too, under section 2.316(B)(33).
- THE EMERGENCY TELEPHONE NUMBERS, POSTED WHERE THE PEOPLE CARING FOR CHILDREN CAN SEE THEM. This is the only posting requirement written specifically for homes, and it lives in the home chapter rather than in section 2.127. Section 2.317(A)(3): "The following emergency telephone numbers must be posted in a prominent and conspicuous location easily observable to those caring for children: a. 911 or the alternate emergency number for local fire or police; b. Name and phone number of at least one (1) designated emergency substitute for the provider; c. Name and physical address of the family child care home; d. Nearest hospital or emergency medical clinic; e. Local health department; f. Rocky Mountain Poison Center number at 1-800-222-1222; and g. Location of children's emergency numbers." Seven items, one of which — the home's own name and physical address — exists so that anyone dialling 911 from the house can read the address aloud. Section 2.317(A)(4) separately requires that "The telephone and alternative emergency telephone numbers for parent(s) or guardian(s) and other authorized emergency contacts of each child in care must be accessible in one (1) designated place," which is what item (g) points to.
- ANY APPROVED HARDSHIP-APPEAL DECISION LETTER, POSTED NEXT TO THE LICENCE UNTIL IT EXPIRES. Section 2.118(C)(1): "For hardship appeals and materials waiver requests, the official decision letter must be posted next to the child care license until its expiration date. If there is no expiration date, the letter expires three (3) years from its date." Section 2.117(E) states the same rule for materials waivers, which are available only to child care centers under section 2.117(A) — so for a family child care home this posting duty arises from an approved hardship waiver, including the outdoor hardship waiver contemplated by section 2.337(A)(2) for a home without a fenced play space. Keep the expiry date in your calendar: when the letter expires, the waiver expires with it, and section 2.118(C)(2) requires a fresh appeal for any change to the alternate compliance plan.
- WHAT YOU ARE EXPRESSLY NOT REQUIRED TO POST: PER-ROOM CAPACITY AND STAFF-TO-CHILD RATIOS. Section 2.127(D): "All facilities, except family child care homes must post in every room of the child care facility, excluding bedrooms and living areas, the license capacity of the room and the staff-to-child ratio required by regulation to be maintained for the age of children cared for in the room." Family child care homes are carved out by name. This is coherent with the rest of the scheme — Colorado publishes no staff-to-child ratio table for homes at all, and the single reference to one, at section 2.315(A), points at a number the rules never state for the home setting.
- NOT A POSTING, BUT A DOCUMENT THAT MUST BE HANDED OVER AND SIGNED FOR: THE STATEMENT OF POLICIES AND PROCEDURES. Section 2.316(A): "At the time of enrollment and upon any amendments to policies and procedures, the provider must give the parent(s) or guardian(s) a written statement of the family child care home's policies and procedures, and provide the opportunity to ask questions. Written copies must be available either electronically or in hard copy. The provider must obtain a signed document stating that the parent(s)/guardian(s) have received the policies and procedures. By signing the policies and procedures document, the parent(s)/guardian(s) agree to follow, accept the conditions of, and give authorization and approval for the activities described in the policies and procedures." One of its thirty-six required contents is itself a signposting duty — section 2.316(B)(34) requires the statement to tell parents "Where a parent may obtain the official copy of these 'Rules Regulating Family Child Care Homes,' including the location on the Colorado Secretary of State's website."
- NOT A POSTING, BUT A NOTICE THAT MUST APPEAR ON EVERY EMPLOYMENT APPLICATION YOU USE. Section 2.131(A)(1): "Every application used in the State of Colorado for employment with a child care provider or facility, must include the following notice to the applicant: 'Any applicant who knowingly or willfully makes a false statement of any material fact or thing in the application is guilty of perjury in the second degree as defined in section 18-8-503, C.R.S., and upon conviction thereof, shall be punished accordingly.'" If you ever hire a substitute or a staff aide, the form you use must carry that sentence.
- NOT A POSTING, BUT A DISCLOSURE OWED BY UNLICENSED PROVIDERS. If you operate under the licence exemption at section 2.112(B)(5) rather than under a licence, the statute enacted by House Bill 20-1347 requires an affirmative warning to every parent: the exempt provider "SHALL NOTIFY THE PARENTS OF THE CHILDREN IN THE INDIVIDUAL'S CARE THAT THE INDIVIDUAL IS OPERATING UNDER A LEGAL LICENSE EXEMPTION AND THAT THE STATE HAS NOT VERIFIED THE HEALTH AND SAFETY OF THE CARE SETTING OR PERFORMED BACKGROUND CHECKS ON THE INDIVIDUAL OR ANYONE ELSE RESIDING IN THE RESIDENCE." That duty appears nowhere in section 2.112 of the rules; it exists only in statute.
Enrollment forms for each child
- AN ADMISSION RECORD FOR EACH CHILD, completed before or at the time of admission and updated annually or whenever anything changes. Section 2.320(A): "An admission record must be completed for each child prior to or at the time of the child's admission and updated annually or when any changes occur, unless otherwise specified in these rules." Section 2.320(A)(1) sets the base content: "The child's full name, date of birth, current address, and date of enrollment." Section 2.320(B): "All forms contained in the admission record must be current and accessible to providers, qualified substitutes, staff members, and representatives of the Department." Note "accessible to" — the substitute who covers you must be able to reach it, which is also why section 2.311(A)(17) requires everyone to be "familiar with the location of children's enrollment records as listed in rule section 2.320."
- PARENT AND GUARDIAN CONTACT DETAILS, INCLUDING EMPLOYER AND WORK ADDRESS. Section 2.320(A)(2): "Parent(s) and guardian(s) home and e-mail addresses; telephone numbers, including home, work, and cell numbers; employer name and work address; and any special instructions as to how the parent(s) or guardian(s) may be reached during the hours that the child is in care at the family child care home." The employer name and work address are required fields, not optional ones, and the "special instructions" field exists for parents who cannot be reached by ordinary means during the day.
- AUTHORIZED PICK-UP LIST — SIXTEEN AND OVER ONLY. Section 2.320(A)(3): "Names, addresses, and telephone numbers of persons aged sixteen (16) years and older who are authorized to pick up the child from the family child care home." The operative release rule is at section 2.317(C)(1): "The provider must release the child only to the person(s) sixteen (16) years of age or older to whom the parent or guardian has given written authorization. If the provider who releases the child does not know the person, picture identification must be required to assure that the person is authorized to pick-up the child. Written authorization must be maintained in the child's record. In an emergency situation, the child may be released to a person twelve (12) years of age or older for whom the child's parent(s) or guardian(s) has given verbal authorization." Sixteen with written authorization is the standard; twelve with verbal authorization is the emergency floor. Your written policy must also cover what you do about unauthorized people and about "if a parent arrives under the influence of a controlled substance" (section 2.316(B)(2)).
- EMERGENCY CONTACTS WHO CAN TAKE RESPONSIBILITY FOR THE CHILD. Section 2.320(A)(4): "Names, addresses, and telephone numbers of persons who can assume responsibility for the child in the event of an emergency if the parent(s) or guardian(s) cannot be reached immediately." Distinct from the pick-up list, and with no stated age floor. These numbers are also what section 2.317(A)(3)(g) and (A)(4) require to be gathered "in one (1) designated place" and signposted on the posted emergency list.
- HEALTH CARE PROVIDER, DENTIST AND HOSPITAL OF CHOICE. Section 2.320(A)(5): "Names, addresses, and telephone numbers of the child's health care provider, dentist, and hospital of choice, if applicable."
- HEALTH ADMISSION INFORMATION, DELIVERED BEFORE THE FIRST DAY. Section 2.320(A)(6): "Health admission information, including health care plans, chronic medical conditions, allergies, and immunization history, shall be provided to the family child care provider prior to the first day the child attends the family child care home." Section 2.321(A)(2) restates the parent's side of the duty at admission and adds detail: "Health information, including any known allergies, medication being taken and possible side effects, special dietary requirements, and chronic health conditions" and, "If applicable, a Department-approved health care plan authorized by the child's health care provider and parent(s) and/or guardian(s), defining the interventions needed to care for a child who has an identified health condition or developmental concerns, including, but not limited to: seizures, asthma, diabetes, severe allergies, heart or respiratory conditions, and physical disabilities. Any applicable medications, supplies, and or medical equipment must be available to the primary provider ... prior to the child's first day of care. The primary provider, applicant 2, equally qualified providers, qualified substitutes, and any staff members working with a child with a health care plan must be informed, trained, and delegated responsibility for carrying out the health care plan by the Department-approved child care health consultant; supervision of the plan and interventions must be documented." Section 2.304(A)(8) sets who may be that consultant: "a Licensed Registered Nurse with knowledge and experience in maternal and child health; a Pediatric Nurse Practitioner; a Family Nurse Practitioner; or, a Physician with knowledge and experience in pediatrics or maternal and child health." Section 2.321(A)(1) gives you a corresponding right: "The provider has the right to refuse to admit a child if a statement from a health care provider is not submitted."
- IMMUNIZATION CERTIFICATE OR EXEMPTION, BEFORE THE FIRST DAY. Section 2.321(A)(2)(c): "Documentation of school-required immunization status or medical or nonmedical exemption, is required by the Colorado Board of Health. Up-to-date, school-required immunizations must be documented as specified on the Colorado Department of Public Health and Environment (CDPHE) certificate of immunization or on an 'approved alternate' certificate of immunization as described in CDPHE regulations at 6 CCR 1009-2:VI(A), (May 15, 2023) ... Colorado law requires that proof of immunization be provided prior to the first day of admission." For a non-medical exemption, section 2.321(A)(2)(c)(1)-(2) requires either "the CDPHE Certificate of Nonmedical Exemption (May 2023) with a signature from an immunizing provider in Colorado" or the same certificate "received upon the completion of Colorado Department of Public Health and Environment Online Immunization Education Module (Aug. 2021)," both incorporated by reference with "no later editions or amendments." Section 2.321(A)(2)(c)(3): "The primary provider has the right to refuse to admit any child if a completed certificate of nonmedical exemption is not submitted." Your written policy must separately cover "Acceptance and notification of enrolled non-immunized or under-immunized children, including any children living in the licensed family child care home" (section 2.316(B)(9)) — note that it reaches your own resident children.
- A STATEMENT OF CURRENT HEALTH STATUS, WITHIN THIRTY DAYS OF ADMISSION AND ON EACH EXPIRY. Section 2.321(A)(3): "Within thirty (30) days after admission, and within thirty (30) days following the expiration date, the parent(s) or guardian(s) of each child must submit a statement of the child's current health status or written verification of a scheduled appointment with a healthcare provider. The statement of the child's current health status must be signed and dated by a health care provider who has seen the child within the last twelve (12) months, or within the last six (6) months for children under two and one-half (2-1/2) years of age. The statement must include when the next visit is required by the health care provider. All health statements must be kept at the licensed family child care home." Section 2.321(A)(4) sets the update cycle for under-twos by reference to "the American Academy of Pediatrics Recommendations for Preventive Pediatric Health Care recommended schedule ... (4th ed. American Academy of Pediatrics, 2017)," incorporated by reference with no later editions, and section 2.321(A)(5) applies the same schedule to children from two to seven.
- A DATED, NOTARIZED-IF-REQUIRED AUTHORIZATION FOR EMERGENCY MEDICAL CARE, UPDATED ANNUALLY. Section 2.320(A)(7): "A dated, written authorization for emergency medical care signed and updated annually by the parent(s) or guardian(s). The authorization must be notarized if required by the local hospital, clinic, or emergency health care facility." Ask the facility you would actually use, before you need it — the notarisation requirement is set by them, not by the rule.
- A WRITTEN RECORD OF ANY REPORTABLE ACCIDENT, ILLNESS OR INJURY, WITH A COPY TO THE PARENT. Section 2.320(A)(8): "A written record of any reportable accident, illness, or injury as defined in rule section 2.124 of the 'General Rules for Child Care Facilities' occurring during care must be retained in each child's record, with a copy provided to the parent or guardian." Section 2.124(A)(1) defines what is reportable to the Department within twenty-four hours excluding weekends and holidays: any fatality, "An injury to a child that requires medical attention by a health care professional or admission to a hospital, whether or not treatment was given," a reportable disease under 6 CCR 1009-1 Appendix A, "Any allegation of physical, sexual, or emotional abuse or neglect to a child that results in a mandatory report," any fire attended by the fire department, "Any major threat to the security of a facility," drug or alcohol incidents requiring outside medical or emergency response, assaults reported to law enforcement, a suicide attempt requiring emergency intervention, felony theft or destruction of property reported to police, "Any police or sheriff contact with the facility," and damage from severe weather, fire, flood, mold or other disaster that prevents normal operation. Fatalities, medical-attention injuries and reportable diseases "must be completed in the online injury system within twenty-four (24) hours of an incident. If a provider is unable to access the online system, you must use the paper form, and submit the form to the Department within twenty-four (24) hours of the incident."
- FIELD TRIP AND EXCURSION AUTHORIZATIONS, ON THREE DIFFERENT CADENCES. Section 2.320(A)(9) permits authorization "on a daily, weekly, monthly, or seasonal basis" and then sets three regimes, repeated verbatim at section 2.316(B)(13). Scheduled trips "require advanced notice by written or electronic methods, which must include: locations, estimated times of attendance, and a phone number to contact the family child care home provider during the trip; and written permission from the parent(s) or guardian(s) for each scheduled trip or excursion." Unscheduled trips "require notification upon departure to the parent(s) or guardian(s) via written or electronic methods, which must include: locations, estimated times of attendance, and a phone number to contact the family child care home provider during the trip" — notification, not permission. Routine trips "such as daily transportation provided by the family child care home to and/or from care, require annual authorization by written or electronic methods, which must include departure and arrival times to and from the family child care home; and pick up and drop off times and locations."
- MEDIA-USE AUTHORIZATION, UNLESS YOUR POLICY STATEMENT COVERS IT. Section 2.320(A)(10): "Written authorization for media use is required if the media use is not included in the written policies and procedures statement; including, but not limited to, television and video viewing, music, tablet and/or smart phone usage, video games, and computer use. The authorization must include approved time limits. The authorization form only needs to be on file if media use is not addressed in the home policies and procedures statement." The cheaper route is to address it in the policy statement under section 2.316(B)(15), which requires "Developmentally appropriate media use including, but not limited to, television shows, video, music, tablets, smartphones, and software used at the family child care home, and time limits for all media use" — because under section 2.316(A) the parent's signature on the policy statement supplies the authorization.
- SPECIAL-ACTIVITY AUTHORIZATION. Section 2.320(A)(11): "Written authorization for special activities as defined in rule section 2.600 of the 'Rules Regulating Special Activities.'" That chapter covers swimming, shoreline and wading, watercraft, white water rafting, archery, riflery, ax-throwing, knives, horseback riding, rock climbing and climbing walls, ropes courses and ziplines, and hiking. Section 2.302 makes the chapter mandatory for home providers who do any of them, and section 2.316(B) requires the corresponding policy content.
- THE WRITTEN STATEMENT OF POLICIES AND PROCEDURES, WITH A SIGNED RECEIPT ON FILE. Section 2.316(A), quoted in full under "required_postings." Section 2.319(A)(2) repeats the duty as part of the admission process: "The provider must obtain a signed document stating that the parent(s) or guardian(s) have received the policies and procedures, and by signing the policies and procedures document, the parent(s) or guardian(s) agree to follow, accept the conditions of, and give authorization and approval for the activities described in the policies and procedures." Section 2.316(B) sets thirty-six mandatory contents. Section 2.316(B) also contains three broken internal cross-references that are worth knowing about if you build your policy from the rule's own signposts: paragraph (30) directs you to "rule sections 2.126, 2.127, 2.128, 2.129, 2.130, and 2.131 of the 'General Rules for Child Care Facilities'" for emergency and disaster preparedness, when those sections are child abuse reporting, posting, confidentiality of records, child records, accessibility of records and perjury — the emergency preparedness sections are 2.133 to 2.138; paragraph (32) points to "rule section 2.122 of the General Rules" for child abuse reporting, when 2.122 is fire, health and zoning and the reporting section is 2.126; and paragraph (33) points to "rule section 2.121 of the General Rules" for complaints, when 2.121 is the criminal record check and complaints are at 2.125. The same wrong list is repeated at section 2.317(B)(2). Follow the substance, not the numbers.
- THE ADMISSION PROCESS ITSELF, INCLUDING A PRE-ADMISSION INTERVIEW AND AN ITEMIZED FEE SCHEDULE. Section 2.319(A): "An admission process must be completed prior to the child's attendance at the family child care home and must include: 1. A pre-admission interview, by telephone or in person, with the child's parent(s) or guardian(s) to determine whether the services offered by the family child care home will meet the needs of the child and the parent(s) or guardian(s); 2. [the signed policies receipt]; 3. An itemized fee schedule; 4. Completion of the registration information and authorizations required for inclusion in the child's record." The fee schedule is also a mandatory policy content under section 2.316(B)(3), which requires "An itemized fee schedule or individual fee agreement ... expectations regarding when fees may be reimbursed if a child does not attend the family child care home; when a child is requested to leave the family child care home; and for field trips," and section 2.316(B)(4) requires a "Procedure, including fees, when a child arrives or departs at times other than during the agreed upon hours of care."
- A DAILY SIGN IN / SIGN OUT RECORD WITH A WEEKLY PARENT SIGNATURE. Section 2.317(D)(1): "The provider must maintain a daily sign in/out method containing the date; the child's name; the time that the child arrived at and left the family child care home; and the parent, guardian, or authorized person's signature. A full signature or other unique identifier is required by the parent(s) or guardian(s) every time the child arrives at or leaves the family child care home. The provider may sign in or out children who arrive directly from school or an activity as needed on a daily basis. The provider must use their full signature or other unique identifier. The parent(s) or guardian(s) must provide a signature on a weekly basis to verify the record." Two signature regimes: parents sign at every arrival and departure they make; where you sign in a child arriving from school, the parent verifies the week's record with a weekly signature. Section 2.318(D)(1) requires "A daily attendance sign in/sign out sheet for each child, including the time the child arrives at and departs from the family child care home" to be retained for three years.
- A VISITOR LOG COVERING EVERYONE WHO IS NOT A RESIDENT. Section 2.317(E)(1): "All non-resident visitors to the family child care home during child care hours, including friends of the provider's own children, must be documented on the sign in/out log, including the name, date, arrival, and departure times." The express inclusion of your own children's friends closes the obvious gap, and it interlocks with the visitor conditions at section 2.327(C)-(E). Section 2.318(D)(5) requires "A record of visitors and volunteers in the family child care home during scheduled business hours" to be retained for three years.
- A WRITTEN LOST-CHILD REPORT TO THE DEPARTMENT WITHIN TWENTY-FOUR HOURS. Section 2.318(B): "As soon as possible, but not later than twenty-four (24) hours after the event, the primary provider must submit to the Department a written report about any child who has been separated from the group outside of the supervision of the provider or staff member, or for whom the local authorities have been contacted. Such report must indicate: 1. The name, birth date, address, and telephone number of the child; 2. The names of the parent(s) or guardian(s) and their address and telephone number if different from those of the child; 3. The date when the child was separated from the group outside of the supervision of the provider or staff member; 4. The location, time, and circumstances when the child was separated from the group; 5. All actions taken to locate the child, including whether local authorities were notified; and 5. The name of the provider and/or person supervising the child at the time the child was separated from the group." (The rule numbers two consecutive items "5" — six requirements, five numbers.) Section 2.304(A)(52) defines the trigger: "'Lost child' means a child that has been separated from the group outside of the supervision of the provider or assigned staff member or for whom the local authorities have been contacted." Section 2.316(B)(31) requires the corresponding parent-notification procedure in your written policies.
- PERSONNEL FILES FOR EVERY EQUALLY QUALIFIED PROVIDER, QUALIFIED SUBSTITUTE AND STAFF MEMBER — EIGHT REQUIRED CONTENTS. Section 2.313(A): "Prior to working with children, unless otherwise specified in rules, personnel files for equally qualified providers, qualified substitutes, and all staff members must be available for review by the Department and must include: 1. The name, address, telephone number, and birth date of the individual, and emergency contact information, including names, addresses, and telephone numbers; 2. A health evaluation signed and dated by a licensed physician or other health provider as defined in rule section 2.304; 3. A record of the dates and hours of employment, volunteering, or functioning as a substitute, including the first date and the final date; 4. Within (30) calendar days of caring for children a signed statement indicating that the individual has been trained, understands, and has had the opportunity to ask questions regarding the 'Rules Regulating Family Child Care Homes,' the 'General Rules for Child Care Facilities,' and the 'Rules Regulating Special Activities,' if applicable; 5. A signed statement verifying that the individual has read and understands the provider's policies and procedures; 6. Personnel records for qualified substitutes, and all staff members, must also include official written verification of education, work experience, and previous employment, as applicable for the position; 7. Verification of training as required in rule section 2.312; and 8. All information and documentation from background checks as required rule sections 2.120 and 2.121 of the 'General Rules For Child Care Facilities.'"
- VOLUNTEER FILES — TWO REQUIRED CONTENTS, PLUS WRITTEN DUTIES. Section 2.315(D): "Personnel files for volunteers must include: 1. The name, address, telephone number, and birth date of the individual, and emergency contact information, including names, addresses, and telephone numbers; and 2. A record of dates and hours of volunteering, including the first date and final date." Section 2.315(B) separately requires volunteers to "have clearly established written duties." The hours record is not administrative housekeeping: section 2.121(D)(2) makes fingerprinting mandatory for an adult volunteer working "fourteen (14) days (112 hours) or more in a calendar year," and the log is how you know.
- BACKGROUND CHECK RESULTS, HELD ON SITE. Section 2.121(D): "The results of the criminal record check, the CBI and/or Federal Bureau of Investigation (FBI) response letters, must be maintained at the home, center, facility, or agency and must be available for review upon request by a Licensing Specialist." Section 2.120(J): "The results of the abuse and neglect inquiry must be maintained at the center, facility, or agency and must be available for review upon request by a Licensing Specialist." Section 2.121(D)(1) adds an exit form: "When an individual leaves employment, the facility must submit to the Department a completed Notification of Name Removal form to request the removal of the individual's name from their facility license number in the CBI database."
- THE ANNUAL DECLARATION OF COMPLIANCE AND CONTINUATION NOTICE, ON THE DEPARTMENT'S FORM. Section 2.107(B): "the licensee must annually submit to the Department a declaration of compliance with the applicable licensing rules and notice of continuing operation on the form prescribed by the Department, along with the appropriate annual fee as set forth in rule section 2.111." Section 2.111(B) fixes the timing at "at least sixty (60) calendar days prior to the anniversary date of the license," and section 2.107(C) makes failure to file "a consistent failure to maintain Department standards" that "may result in fines or the revocation of the license."
- THE STATE-PRESCRIBED APPEAL FORMS. Section 2.115(B) for hardship and emergency hardship appeals: "The applicant or licensee or their designated representative must send an appeal on the state-prescribed form to the appropriate division. Each rule appealed requires an individual appeal and applicable fee. If the appeal is an emergency hardship appeal, the applicant or licensee must mark it as such on the state-prescribed form." Section 2.116(B) for stringency appeals, in identical terms, with a sixty-day window from the date of the report of inspection. Section 2.120(C) for the Trails request: "on the state-prescribed form, accompanied by the required fee."
- STAFF ACKNOWLEDGEMENT OF THE CHILD ABUSE REPORTING DUTY. Section 2.126(A): "A child care facility must require each staff member of the facility to read and sign a statement clearly defining child abuse and neglect pursuant to state law and outlining the staff member's personal responsibility to report all incidents of child abuse or neglect according to state law." Section 2.126(C) adds a parent-facing duty: "At the time of admission the facility must give the child's parent or guardian information that explains how to report suspected child abuse or child neglect." The underlying obligation is at section 2.126(B), tracking C.R.S. § 19-3-304: any caregiver or staff member "who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect ... shall immediately upon receiving such information report or cause a report to be made of such fact to the county department of human or social services, the local law enforcement agency, or through the child abuse hotline reporting system as set forth in section 26-5-111, C.R.S."
- EMERGENCY AND DRILL RECORDS, KEPT TWELVE MONTHS. Section 2.318(C): "The following emergency records must be kept and maintained at the family child care home for twelve (12) months: 1. Dates of annual review of emergency plans per rule section 2.317(B); 2. A record of all emergency drills held over the past twelve (12) months as required in rule section 2.313 of the 'General Rules for Child Care Facilities;' and 3. Dates of monthly smoke alarm testing." (The cross-reference to "rule section 2.313 of the General Rules" is wrong — 2.313 is the family-home personnel file rule and there is no 2.313 in the General Rules; the drill requirement is at section 2.138.) Section 2.138(A) specifies the content of the drill record: "date and time of drill, number of adults and children participating, and the amount of time taken to evacuate."
- THE THREE-YEAR RETENTION LIST. Section 2.318(D): "The following records must be kept and maintained in the files at the family child care home for three (3) years after the family child care home closes its license or stops providing care under its license; a child leaves the care of the family child care home or a staff member or volunteer terminates employment or volunteerism at the family child care home: 1. A daily attendance sign in/sign out sheet for each child ...; 2. Children's records per rule section 2.320; 3. A list of current staff members, qualified substitutes, and volunteers work schedules; 4. Primary providers, applicant 2, equally qualified providers, staff members, qualified substitutes, and volunteers records per rule sections 2.311, 2.312, 2.313, 2.314, and 2.315; and 5. A record of visitors and volunteers in the family child care home during scheduled business hours." Section 2.320(C) states the child-record version in stronger terms: "The complete file for each child in care must be kept confidential and retained by the primary provider for at least three (3) years after the child leaves the family child care home. It must be available without restriction to the Department and to child protective services, police, and the child's parent(s) or guardian(s)."
- CONFIDENTIALITY, WHICH IS NOW STRONGER IN STATUTE THAN IN RULE. Section 2.318(E)(1): "Information and records concerning the primary provider, applicant 2, equally qualified providers, qualified substitutes, all staff members, volunteers, children and their families must be kept confidential (see rule sections 2.123 and 2.124 of the 'General Rules for Child Care Facilities'). All required records must be stored in a secure location." (Another mis-citation: 2.123 is governing body and 2.124 is reports; the confidentiality sections are 2.128 to 2.130.) Since 2026 the governing text is statutory. House Bill 26-1259 section 13 amended C.R.S. § 26.5-5-316(4) to read: "EXCEPT AS REQUIRED BY A COURT-ISSUED SUBPOENA OR ORDER, the facility and the department shall keep all IDENTIFYING records regarding children and all IDENTIFYING facts learned about children and their relatives confidential. NOTWITHSTANDING ANY PROVISION OF PART 2 OF ARTICLE 72 OF TITLE 24 TO THE CONTRARY, THE DEPARTMENT AND THE FACILITY SHALL NOT RELEASE INDIVIDUAL CHILD-LEVEL DATA THAT ALLOWS FOR THE IDENTIFICATION OF A SPECIFIC CHILD OR RELATIVE; EXCEPT THAT INDIVIDUAL CHILD-LEVEL DATA THAT ALLOWS FOR THE IDENTIFICATION OF A SPECIFIC CHILD OR RELATIVE MAY BE RELEASED TO THE PERSON IN INTEREST, AS DEFINED IN SECTION 24-72-202." Note what the same statute preserves: section 2.128(A) provides that "The records concerning the licensing of facilities and agencies are open to the public except as provided below," with section 2.128(C) shielding "Information identifying children or their families," scholastic, health, social and psychological reports, personal references requested by the State Department, and "Reports and records received from other agencies, including police and child protection investigation reports."
- PARENT NAMES AND ADDRESSES, SURRENDERED TO THE DEPARTMENT AFTER AN ADVERSE ACTION OR A SERIOUS VIOLATION — AND YOU PAY THE POSTAGE. Section 2.113(C): "Within ten (10) working days after receipt of a notice of final agency action with regard to a negative licensing action or the imposition of a fine, or when the Department identifies and documents in a report of inspection serious violations of any of the standards that could impact the health, safety or welfare of a child cared for at the facility, each facility must provide the Department with the names and mailing addresses of the parents or legal guardians of each child cared for at the facility, so that the Department can notify the parents or legal guardians of the negative licensing action taken or the serious violation impacting the health, safety or welfare of a child. The facility will be responsible for paying a fine to the Department that is equal to the direct and indirect costs associated with the mailing of the notice."
- TEN-WORKING-DAY REPORTS. Section 2.124(A)(2): "Reports Made to the Department within Ten (10) Working Days. a. Any legal action against a facility, agency, owner, operator, or governing body that relates to or may impact the care or placement of children. b. Change of director of facility or agency; and c. Closure of the facility or agency." Read (a) broadly — it is not limited to licensing litigation. A custody dispute, a personal-injury suit or a landlord action that could affect the care or placement of children is reportable.
What's specific about getting licensed in Colorado
Colorado is the state where the licence you apply for matters more than the application itself. Five different family child care home licences sit in 8 CCR 1402-1 — regular (6 children), three-under-18-months (6, with three infants), infant/toddler (4 alone or 8 with a second qualified provider), large (12), and experienced provider (9 across five published age-mix options) — and four of the five are gated behind years already spent licensed in Colorado, specific coursework, and a clean two-year compliance record. Add the rule that your own children under 10 count against capacity while your children 10 and over do not, and the practical planning question becomes: which licence can I actually hold in year one, and how many paid places does that leave after my own household? The second Colorado-specific thing to know is administrative: licensing moved to the new Department of Early Childhood and the rules were re-adopted from 12 CCR 2509-8 into 8 CCR 1402-1 in December 2023, so a great deal of the advice still circulating online cites a rulebook that no longer applies.
Common mistakes when getting licensed in Colorado
Following guidance that still says 12 CCR 2509-8 or Department of Human Services
Colorado moved child care licensing to a brand-new agency. The Department of Early Childhood (CDEC) and its Division of Early Learning, Licensing, and Administration now license family child care homes, and the entire rule was re-adopted out of 12 CCR 2509-8 into 8 CCR 1402-1 effective December 15, 2023, with the family home sections (§§2.300-2.338) taking effect March 16, 2024. Checklists, blog posts and even printed handouts that cite the old chapter or send you to CDHS are describing a rulebook that no longer governs you. Check the citation before you trust the number.
Assuming there is one home licence — there are five, and four of them are gated
A regular family child care home is 6 children with no more than 2 under 18 months (§2.306). Everything above that is earned, not chosen. Three children under 18 months (§2.307) requires 2 years already licensed in Colorado, the Department's Expanding Quality in Infant/Toddler Care course or 3 semester credit hours in infant/toddler theory, and a clean record — no founded complaints at severity level 1 or 2 and no adverse action in the past 2 years. A large home of 12 (§2.309) requires 21 months of documented group-care experience or one of several education routes. An experienced provider licence for 9 (§2.310) requires 5 consecutive years licensed. Business plans built on 9 or 12 children in year one do not survive contact with these rules.
Forgetting that your own children under 10 eat into the capacity
Across every licence type, your own birth, adopted, step or foster children under 10 who are on the premises count against your approved capacity; children aged 10 and over do not (§2.305(A)). On an infant/toddler licence the four-child cap explicitly includes your own children under 10 (§2.308(A)(1)). Two toddlers of your own turn a 6-child licence into 4 paying places, and the arithmetic has to be done before you sign families up.
Applying too late — the 60-day clock starts before anything else happens
The completed original application and the fee must reach CDEC at least 60 calendar days before your proposed opening date, and §2.105(B) is blunt about the consequence: the licensing evaluation happens only AFTER the Department has both the complete application and the correct fee. An application missing a document does not hold your place in the queue. The experienced provider application carries its own separate 60-day rule (§2.310(A)(2)).
Chasing a fire and health inspection you do not need — and skipping the zoning approval you do
Section 2.122(A) requires an approving health department and fire department inspection for child care facilities EXCEPT family child care homes. Section 2.122(B) has no such exception: before your original licence is issued you must submit written approval from the local zoning department, naming the address and the ages and number of children you will serve — and you must submit new zoning approval any time the licence changes, including a move, a capacity increase or adding different ages (§2.122(B)-(C)). Providers routinely get this backwards.
Fingerprinting only yourself
The CBI/FBI fingerprint criminal record check covers each applicant for an original licence AND every adult aged 18 or older who lives in the home (§2.121(A)(1)(a)); prints are taken at a CBI-approved vendor and the fee falls on the person being checked. Two deadlines are the ones that trip households up: a resident of the home turning 18 must be printed 14 calendar days BEFORE their 18th birthday, and any new adult moving in must be printed within 5 calendar days (§2.121(C)(1)-(2)). Separately, a Trails child abuse and neglect records check is required on the state-prescribed form with its own fee (§2.120).
Treating training as one course, when it is a staircase with four deadlines
Before licensure: the Department-approved 15 clock-hour pre-licensing course (§2.312(B)). Before working with children: First Aid and CPR for ages birth to 21, standard precautions meeting OSHA requirements, medication administration, building and physical premises hazards, child abuse prevention, plus shaken baby/abusive head trauma if you take children under 3 and safe sleep if you take infants (§2.312(C)-(I)). Within 30 calendar days: the CDPHE immunization course, playground safety for homes, and reading all three rule sets (§2.312(J)-(L)). Within 90 calendar days: early intervention and preschool special education, recognizing the impact of bias, Injury Prevention for Homes, and Working with an Early Childhood Mental Health Consultant (§2.312(M)-(Q)). Several of them renew annually or every two or three years — every one must be documented and available to the Department (§2.312(A)).
Banking First Aid hours — or last year's hours — toward the annual 15
Ongoing professional development is 15 clock hours per year with at least 3 in social-emotional development (§2.312(R)(1)). First Aid and CPR recertification does not count toward the 15 (§2.312(R)(4)), and hours count only in the year they are taken — no carryover (§2.312(R)(3)). Each certificate must show the title, the competency domain or approved vendor, the date and clock hours, the trainer's name and signature or another approved verification, any expiration date, and whether it carries a social-emotional focus (§2.312(R)(5)); a certificate missing those fields is a training you cannot count.
Missing the annual continuation and assuming the permanent licence is safe
A Colorado permanent licence has no expiry date — it stays in effect until surrendered or revoked (§2.107(A)) — which is exactly why the annual step gets forgotten. Every year you must file a declaration of compliance and notice of continuing operation on the Department's form, with the annual fee, at least 60 calendar days before your licence anniversary date (§2.107(B), §2.111(B)). Failing to file 'will constitute a consistent failure to maintain Department standards and may result in fines or the revocation of the license' (§2.107(C)).
Moving house and expecting to amend the licence
A change of location, a change of licensee, owner or governing body, or a change in the classification of the facility all mean the licence is DEEMED SURRENDERED and a new application is required (§2.106). A family child care home may hold only one classification at a single address, and operating more than one licence of the same classification at one location is prohibited (§2.110).
Overlooking Colorado Shines when you enrol young children
Licensed family child care homes enrolling any child aged 5 or younger are REQUIRED to participate in Colorado Shines, the state quality rating and improvement system (§2.305(A)(2)) — it is a rule, not a marketing programme. Separately, the primary provider, applicant 2, equally qualified providers, qualified substitutes and all staff must register with the Colorado Shines Professional Development Information System (§2.311(A)(18)), which is also where your training record lives.
Running a large home single-handed above eight children
A large family child care home licence allows 12 children, but whenever more than 8 are present a second staff member — an applicant 2, equally qualified provider, qualified substitute, staff member or staff aide — is required (§2.309(A)(4)). A staff aide must be at least 16 and work under the direct supervision of the primary provider, and if ever left alone with children must meet the same age and training requirements as the primary provider (§2.309(A)(4)(a)). Price the second adult into the business plan before you accept the ninth child.
How long it takes and what it costs in Colorado
Timeline: Work backwards from a hard 60-day floor: the application and fee must be with CDEC at least 60 calendar days before your proposed opening date, and no licensing evaluation happens until both have arrived complete (§2.105, §2.111(A)). Ahead of that sit the items that take real calendar time — CBI/FBI fingerprints at an approved vendor for you and every adult in the household plus the Trails records check (§2.120, §2.121), physician's medical statements for the provider and everyone residing in the home (§2.311(A)(13)), the 15 clock-hour pre-licensing course (§2.312(B)), and written zoning approval from the local zoning department (§2.122(B)). If you are not yet in full compliance you can open under a PROVISIONAL licence, but only during the initial six-month licensing period and only on proof you are working toward compliance (§2.108). The permanent licence, once granted, has no expiry: it remains in effect until surrendered or revoked (§2.107(A)). What recurs is annual — the declaration of compliance and continuation notice with the fee, due at least 60 calendar days before your licence anniversary (§2.107(B), §2.111(B)) — plus your 15 hours of professional development each year (§2.312(R)) and a fresh medical statement every 2 years for you and for resident children under 10 (§2.311(A)(14)).
Cost: The state fees are fixed in the rule and are modest: a regular family child care home (1-6 children) pays a $65.00 original application fee and $65.00 for each annual continuation; a LARGE family child care home (7-12 children) and an EXPERIENCED family child care provider (up to 9 children) each pay $100.00 original and $100.00 annually (§2.111(C), schedule in force since July 1, 2020). The continuation fee is due at least 60 calendar days before your licence anniversary date. Everything else is out-of-pocket and not set by CDEC: the CBI/FBI fingerprint criminal record check, whose fee is expressly the responsibility of the individual being checked and which you pay for EVERY adult 18+ in the household (§2.121(A)(1)); the fee accompanying the Trails child abuse and neglect records check (§2.120(C)); physician's medical statements for the provider and all residents, repeated every 2 years (§2.311(A)(13)-(14)); the 15 clock-hour pre-licensing course and the Department-approved First Aid and CPR certification for ages birth to 21 (§2.312(B), (D)); and 15 clock hours of professional development every year thereafter. The rule does not publish the fingerprint or Trails amounts — confirm them with the CBI-approved vendor and with CDEC rather than trusting a figure from a blog.
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How many children can I care for in a Colorado home daycare?
TWELVE CHILDREN IS THE HIGHEST NUMBER ANY COLORADO HOME LICENCE CARRIES — AND THE NUMBER ON YOUR OWN LICENCE IS DECIDED BY SQUARE FOOTAGE BEFORE IT IS DECIDED BY LICENCE TYPE. THE FIRST RULE, WHICH MOST SUMMARIES SKIP. Section 2.305(A)(1): "The capacity for a family child care home (generally referred to within these rules as 'the home') is determined by the amount of indoor and outdoor space designated for child care, as well as the below factors." The licence type sets a ceiling. Space sets your actual number. The rule states the space arithmetic in two places. Indoor, section 2.336(A)(1): "There must be open, uncluttered, and safe indoor play space of at least thirty-five (35) square feet of floor space per child, including space for moveable furniture and equipment exclusive of: a. Hallways; b. Bathrooms; c. Stairways; d. Closets; e. Laundry rooms; f. Furnace rooms; and g. Space occupied by permanent built-in cabinets and permanent storage shelves." Outdoor, section 2.337(A)(1): "At least seventy-five (75) square feet of useable outdoor play space must be available for each child in care."
Do the multiplication before you apply for anything. Twelve children on a large family child care home licence needs 420 square feet of qualifying indoor play space — after you subtract hallways, bathrooms, stairways, closets, the laundry room, the furnace room and the footprint of every built-in cabinet and permanent shelf — and 900 square feet of usable, enclosed outdoor play space. Six children on a regular licence needs 210 square feet indoors and 450 square feet outdoors; add the two extra school-age children and the eight children present need 280 and 600. Nine children as an experienced provider needs 315 and 675. Four children in a one-provider infant/toddler home needs 140 and 300; eight children with two providers needs 280 and 600. The outdoor space carries an enclosure requirement that can be the real constraint. Section 2.337(A)(2): "The outdoor play space must be enclosed with at least a forty-two inch (42) fence with slats no more than four (4) inches apart, or a natural barrier. If a natural barrier is used, it must begin no higher than three and one-half inches (3-1/2) from the ground.
If the family Child Care home does not have a fenced play space, the provider may apply for an outdoor hardship waiver." Section 2.337(A)(3) adds: "All parts of the play area must be visible and easily supervised," and (A)(4): "Shade must be available." The hardship waiver route is section 2.115 and is discussed under "prelicensing_steps." WHAT COUNTS TOWARD THE NUMBER. Section 2.306(A)(2), on the regular home and echoed in substance across the types: "Residents of the home under ten (10) years of age who are on the premises and all children on the premises for supervision are counted against the approved capacity, except where specifically indicated otherwise." Section 2.305(A) states the reciprocal: "The providers own birth, adopted, step or foster children ten (10) years of age and older do not count in the provider's license capacity." Each of the other four types repeats the inclusion of the provider's own under-tens in its own text, so there is no argument about it: section 2.307(A) ("the capacity includes the provider's own children under ten (10) years of age"), section 2.308(A)(1) ("including the provider's own children. The provider's own children, under the age of ten (10), count in the capacity of four (4)") and section 2.308(A)(2) ("including both providers' own children under the age of ten (10) years old"), section 2.309(A) ("the capacity includes the provider's own children under ten (10) years of age"), and section 2.310(A) plus the closing line of the options chart ("All options include provider's own children under ten (10) years of age").
Foster children are covered by the same test. Section 2.305(A) uses the phrase "birth, adopted, step or foster children," so a foster child of nine living in the home counts and a foster child of eleven does not. Note the interaction with 12 CCR 2509-8 section 7.710.33(F), which caps a dually licensed home at foster certification "for one child or for a group of siblings." THE FIVE CEILINGS, IN THE RULE'S OWN NUMBERS. REGULAR HOME — section 2.306(A): "up to six (6) children from birth to eighteen (18) years of age with no more than two (2) children under eighteen (18) months of age," plus, under (A)(1), "no more than two (2) additional school-age children attending kindergarten through twelfth (12) grade." Eight bodies may lawfully be present; the licensed capacity is six. THREE UNDER EIGHTEEN MONTHS — section 2.307(A): "up to six (6) children from birth to eighteen (18) years of age with no more than three (3) children under eighteen (18) months of age, with no more than two (2) of the three (3) children under twelve (12) months," and section 2.307(A)(5): "The care of additional children of school age is not authorized."
Six bodies, full stop. INFANT/TODDLER — section 2.308(A)(1): four children with one provider, "no more than two (2) of the four (4) children under twelve (12) months of age"; section 2.308(A)(2): eight children with two equally qualified providers present "at all times when children are present," "no more than four (4) of those children can be between birth and one (1) year old." All children must be between birth and three. LARGE — section 2.309(A): "up to twelve (12) children from birth to eighteen (18) years of age ... no more than two (2) children under eighteen (18) months of age," and section 2.309(A)(4): "When more than eight (8) children are present, a second staff member that is qualified as an applicant 2, equally qualified provider, qualified substitute, staff member, or staff aide is required." EXPERIENCED PROVIDER — section 2.310(A)(3), the options chart: Option 1 = 7 (max 2 under 18 months) + 2 school-age = 9; Option 2 = 8 (max 2 under 18 months) + 1 school-age = 9; Option 3 = 5 (max 2 under 18 months) + 4 school-age = 9; Option 4 = 6 (max 3 under 18 months, of whom "Only two can be under 12 months of age") + 3 school-age = 9; Option 5 = 4 (of whom "Only two can be under 12 months of age") + 0 school-age = 4. THE INFANT SUB-CAPS ARE THE REAL CONSTRAINT, NOT THE HEADLINE NUMBER.
Every type except infant/toddler caps children under eighteen months at two, and the only ways past two are the three-under-eighteen-months licence (three, of whom two may be under twelve months), Option 4 of the experienced provider licence (three under eighteen months, two under twelve months) and the infant/toddler licence itself. A large home may take twelve children and still may not take a third infant. That asymmetry — volume is available, infant capacity is rationed — is the single most consequential fact about Colorado home capacity, and it is why the three-under-eighteen-months licence exists as a separate gated type at all. CHANGING CAPACITY COSTS MONEY AND NEEDS APPROVAL BEFORE THE FACT. Section 2.124(A)(3): "Changes to a License Requiring Written Notification to the Department and Prior Department Approval. a. Proposed change in the number or age of children for whom the facility is licensed that differs from that authorized by the license. b. Changes in the physical facility or use of rooms for child care at a facility. c. Change of name of the facility or agency. d. Change of residents in the facility, not to include those residents placed in the facility by a county department."
Prior approval — not notice after the fact. The fee schedule at section 2.111(C), under the heading "Changes Made to All License Types," prices it: "Changes to Licensed Capacity $97.00; Changes to Physical Premises $97.00; Duplicate Licenses $40.00," all under the column "July 1, 2020, and beyond." And zoning re-approval is triggered too. Section 2.122(B): "The facility must also submit written zoning department approval to the Department any time there is a change to the license, including moving the facility to another location, increasing the capacity, or adding different ages of children." EXCEEDING CAPACITY. For four of the five types the consequence is the general enforcement scheme: section 2.113(A)(5), "A licensed child care facility may be fined up to $250 a day for the first day, $500 for the second day, and $1,000 a day for the third and subsequent days, to a maximum of $10,000 for each violation of the Child Care Licensing Act or for any statutory grounds as listed at section 26.5-5-317(2), C.R.S.," and section 2.113(A)(6), "Assessment of any civil penalty does not preclude the Department from also taking action to deny, suspend, revoke, make probationary, or refuse to renew that license."
For the experienced provider licence it is worse, because you sign for it in advance. Section 2.310(A)(2)(b) requires the application to affirm "the provider understands that the license will be submitted for adverse action if capacities are exceeded at any time." THE ONE LAWFUL WAY TO EXCEED CAPACITY. Section 2.137(B): "During an emergency or other significant, unexpected event, a child care facility may request an emergency waiver to move to a temporary location or exceed capacity, on a temporary basis, to accept children and families from affected areas." That is a request, granted in advance under the emergency hardship appeal machinery of sections 2.115(A)(2) and 2.118(B)(2) — not a defence raised afterwards. CHILDREN WHO ARE ON THE PREMISES BUT DO NOT COUNT. Section 2.327(C) allows a narrow class of visitors: "The primary provider's and applicant 2's own children who are age ten (10) years of age up to sixteen (16) years if age and older may each have one (1) friend over during child care hours if the following conditions are met: 1. The visiting children are not present for supervision; 2. The visiting children can immediately be sent home if needed; 3. The visiting children must be age ten (10) years to sixteen (16); and 4. Visiting children must neither compromise nor participate in the care or supervision of children."
Section 2.327(D) widens it above sixteen: "The primary provider's and applicant 2's own children sixteen (16) years of age and older may have more than one (1) friend over during child care hours if the following conditions are met: 1. The visiting children must be over the age of sixteen (16) years of age; 2. The visiting children are not present for supervision; 3. The visiting children can immediately be sent home if needed; 4. Visiting children must neither compromise nor participate in the supervision or care of children; 5. Visiting children over the age of sixteen (16) years of age cannot have unsupervised access to children in care." And section 2.327(E) allows occasional other children: "The primary provider and applicant 2 may have other children over periodically if the following conditions have been met: 1. The visiting children are under the active supervision of their parent(s) or guardian(s) or their own child care providers; and 2. The square footage requirements for the family child care home accommodates all children present." Read (E)(2) against section 2.336(A)(1). Even children who are not in your care and not counted in your licensed capacity must fit inside your 35-square-feet-per-child indoor allowance while they are there.
The square footage is a constraint on bodies in the house, not merely on enrolments on the licence. Every one of these visitors must also be logged. Section 2.317(E)(1): "All non-resident visitors to the family child care home during child care hours, including friends of the provider's own children, must be documented on the sign in/out log, including the name, date, arrival, and departure times." WHERE CHILDREN MAY BE. Section 2.327(B): "All children in care, including the primary provider's, or applicant 2's own children under the age of ten (10), must only be cared for in areas licensed by the Department for child care use." The licensed area is not the whole house by default; it is what the Department approved. And section 2.335(A) makes clear that the inspection is not limited to the licensed area: "The entire premises are subject to inspection for licensing and safety purposes including, but not limited to, the entire residence and where care is to be provided, the grounds surrounding the residence, the basement, the attic, the storage shed, garage or carport, and any vehicles used for transportation of children in care."
THE FEE TIERS TELL YOU HOW THE STATE THINKS ABOUT CAPACITY. Section 2.111(C) groups homes into three fee categories with the capacity bands written into the headings: "FAMILY CHILD CARE HOMES (1-6 CHILDREN)" at $65.00 original application and $65.00 continuation; "LARGE FAMILY CHILD CARE HOMES (7-12 CHILDREN)" at $100.00 and $100.00; and "EXPERIENCED FAMILY CHILD CARE PROVIDER (UP TO 9 CHILDREN)" at $100.00 and $100.00. Each carries the footnote "(*One year from licensed anniversary date)." The regular, three-under-eighteen-months and infant/toddler types all sit inside the 1–6 band, which is the only place in the rule where the three of them are treated as one thing. For scale, a small child care centre serving 5–15 children pays $200 original and $200 continuation, and a large centre of 31 or more pays "Base $300.00 + $3.00 Per Child" up to a $1,800 ceiling. Home licensure is, in fee terms, an order of magnitude cheaper than centre licensure — which is a fair part of why Colorado has spent three legislative sessions trying to keep home providers in the system. There is also a discount most providers never claim.
Section 2.111(E): "Any eligible child care facility providing less than 24-hour care that holds a Colorado Shines level 3-5 and an average annual enrollment of at least fifty (50) percent of total children enrolled receiving assistance from the Colorado Child Care Assistance Program (CCCAP) or enroll on average at least fifty (50) percent of the county's total CCCAP population may receive a discounted continuation fee of up to fifty (50) percent of their respective license type. The Colorado Shines rating and CCCAP enrollment must be verified by the Department."
What are the adult-to-child ratios for a home daycare in Colorado?
COLORADO PUBLISHES NO STAFF-TO-CHILD RATIO TABLE FOR FAMILY CHILD CARE HOMES — AND THEN CITES ONE. THE MEASUREMENT. Across the whole of the Rules Regulating Family Child Care Homes, sections 2.300 through 2.338, the word "ratio" appears exactly once in a normative sentence. It is at section 2.315(A): "Volunteers cannot be used to meet the applicable staff to child ratio." There is no applicable staff-to-child ratio for a family child care home anywhere in 8 CCR 1402-1. The centre chapter has one — section 2.217, "REQUIRED STAFF AND SUPERVISION," runs to nearly four hundred lines of age-banded ratio tables — and the school-age chapter has one at section 2.510. The home chapter has none. Section 2.315(A) forbids you from meeting a number that the rule never states for your setting. That is not a drafting curiosity to be waved away; it is the structural fact you have to understand to read Colorado correctly. Colorado regulates homes by LICENSED CAPACITY AND AGE MIX, not by staffing ratio. The capacity numbers in sections 2.306 through 2.310 ARE the ratio for a single provider: six children to one adult on a regular licence, six with a third infant on a three-under-eighteen-months licence, four to one in an infant/toddler home, nine to one as an experienced provider under Options 1–4, twelve to two in a large home above eight children.
Where a second adult is required, the rule names the trigger and the qualification rather than expressing it as a fraction. THE ONE EXPRESS SECOND-ADULT TRIGGER. Section 2.309(A)(4): "When more than eight (8) children are present, a second staff member that is qualified as an applicant 2, equally qualified provider, qualified substitute, staff member, or staff aide is required." Read the two halves. The trigger is presence, not enrolment, and it counts the provider's own under-tens because section 2.309(A) includes them in capacity. The qualification is a menu of five, and the last two — "staff member" and "staff aide" — are much lighter than the first three. Section 2.309(A)(4)(a) then closes the obvious gap: "Staff aides must be at least sixteen (16) years of age and must work directly under the supervision of the primary provider in charge and responsible for the care of the children. If left alone with children, the staff aide must meet the same age and training requirements listed in rule sections 2.311, 2.312, and 2.313 as the primary provider, applicant 2, an equally qualified provider, or qualified substitute."
So a sixteen-year-old aide can be your ninth-child adult, but only while you are there. The moment the aide is alone with children, the aide must be eighteen and fully trained — which, for a sixteen-year-old, is impossible. THE OTHER SECOND-ADULT TRIGGER, WHICH IS CONTINUOUS RATHER THAN NUMERIC. Section 2.308(A)(2): eight children in an infant/toddler home requires "two (2) equally qualified providers ... caring for children at all times when children are present." Section 2.308(A)(2)(a): "one (1) provider must be at least twenty-one (21) years of age, and the second equally qualified provider must be at least eighteen (18) years of age." And for a single-provider infant/toddler home, section 2.308(A)(1)(a): "that provider must be at least twenty-one (21) years of age." Twenty-one is the only place in the home rules where the age floor rises above eighteen, and it is tied to infants. THE PEOPLE WHO MAY BE IN THE HOUSE, AND WHAT EACH MAY DO. Section 2.311(A)(5): "Primary providers, applicant 2, equally qualified providers, and qualified substitutes must be at least eighteen (18) years of age."
Section 2.311(A)(6): "Staff aides and volunteers must be at least sixteen (16) years of age, and work under the direct supervision of a primary provider, applicant 2, equally qualified provider, or qualified substitute at all times." The definitions at section 2.304 give each role its content, and the same sentence recurs through them: someone qualified must always be present. A staff aide (2.304(A)(91)) "must never be allowed to supervise a child(ren) alone. The primary provider, applicant 2, equally qualified provider, or qualified substitute provider must always be present at all times when the staff aide is providing care for a child(ren)." A substitute (2.304(A)(94)) and a volunteer (2.304(A)(100)) carry the identical condition. An "equally qualified provider" (2.304(A)(29)) is "an employee that has the same required trainings and qualifications as the primary provider"; a "qualified substitute" (2.304(A)(71)) is "a substitute provider that has all required trainings and qualifications as specified in these 'Rules Regulating Family Child Care Homes'"; a "staff member" (2.304(A)(92)) is "a paid or unpaid individual, staff aide, and or substitute that care for or assists with the care of children"; an "emergency substitute" (2.304(A)(28)) is "an individual that is responsible for supervising children in the event of an emergency."
Colorado's home rules do not build a ratio; they build a chain of presence. THE SUBSTITUTE CLOCK. Section 2.311(A)(3): "A qualified substitute can substitute for the primary care provider for a period up to twelve (12) weeks or (480 hours) per calendar year." Section 2.311(A)(4): "The parent(s) or guardian(s) must be notified each time a substitute is used to provide supervision of children in the absence of the primary provider, applicant 2, or equally qualified provider." Twelve weeks and 480 hours are not the same quantity — 480 hours is twelve forty-hour weeks, which is not twelve weeks of a typical home's operating schedule — and the rule offers them as alternatives with "or." A home operating fifty hours a week burns 480 hours in under ten weeks. Track the hours, not the weeks; the smaller number binds. And the notification duty is per use, not per arrangement. Section 2.311(A)(2) requires the plan behind it: "The primary provider must have a plan for an emergency, personal or family situation that requires the provider to leave the family child care home immediately." Section 2.304(A)(27) defines "emergency" for this purpose: "a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action or a personal or family situation that is critical in nature, which requires the provider to take immediate action and leave the home to handle the emergency."
THE EMERGENCY SUBSTITUTE IS A DIFFERENT AND WEAKER ROLE. Section 2.314(A): "Emergency substitutes must be at least eighteen (18) years old and capable of providing care and supervision of children, and handling emergencies in the absence of the provider." Section 2.314(B): "Emergency substitutes must: 1. Be given the names and ages of the children, and any special needs or health concerns; 2. Immediately call each parent(s) or guardian(s) to notify them that the provider has been called away from the family child care home for an emergency situation; and 3. If the substitute does not meet the same age and training requirements as listed in rule sections 2.311, 2.312, and 2.313 as the primary provider, applicant 2, equally qualified provider, or qualified substitute, they shall notify parent(s) or guardian(s) immediately to pick up their children." That third clause is the whole design. An emergency substitute who is not fully qualified is not a stopgap carer — they are an evacuation mechanism. They must call every parent to come and collect. The emergency substitute's name and phone number must also be posted: section 2.317(A)(3)(b) requires "Name and phone number of at least one (1) designated emergency substitute for the provider" among the emergency numbers posted "in a prominent and conspicuous location easily observable to those caring for children."
WHAT A QUALIFIED SUBSTITUTE ACTUALLY HAS TO HAVE, BY HOME TYPE. This sits outside the home chapter, in the substitute placement agency rules at section 2.809, and it is easy to miss. Section 2.809(A), regular home: the substitute "1. Must meet requirements found in rule sections 2.806 and 2.807; 2. Be familiar with the Rules Regulating Family Child Care Homes; 3. Be familiar with the home and provider's policies and procedures; 4. Know the names, ages and any special needs or health concerns of the children; and 5. Know the location of emergency information." Section 2.809(B), infant/toddler home: the same five, plus "6. Must have completed one (1) year of supervised experience caring for children who are younger than three (3) years old. The experience may have been obtained as: a. A Colorado licensed Family Child Care Home; b. A military licensed child care home; c. A provider, in a family foster home certified for children younger than three (3) years of age; or d. An employee in a licensed child care center in an infant and/or toddler program." Section 2.809(C), large home: "2. A minimum of two (2) years of documented satisfactory experience in the group care of children under the age of six (6) years or as a licensed home provider in Colorado.
Equal experience operating as an approved military child care home is accepted; 3. A minimum of two (2) years of college education from a regionally accredited college or university, with at least one (1) college course in Early Childhood Education, plus one (1) year of documented satisfactory experience in the group care of children as: a. A licensed home provider in Colorado; b. A military licensed child care home; c. A Colorado certified family foster home; or d. A staff member in a licensed child care center. 4. Current certification as a Child Development Associate (CDA)". A large home's substitute needs two years of experience where a regular home's substitute needs none beyond familiarity. SUPERVISION IS THE REAL STANDARD. Section 2.327(A): "The primary provider, applicant 2, equally qualified providers, and/or qualified substitutes must supervise all children by sight and or sound and know the location and the activity of all children, both indoors and outdoors, at all times while they are in care." Three things follow. First, "by sight and or sound" is a lower bar than continuous visual supervision, and it is Colorado's chosen standard for homes.
Second, "know the location and the activity of all children" is a knowledge test, not a proximity test — you must be able to say where each child is and what each child is doing. Third, the four roles listed are the only ones who can discharge it. A staff aide cannot; a volunteer cannot; a substitute working under a qualified provider cannot. VOLUNTEERS ARE OUTSIDE THE STAFFING SYSTEM ENTIRELY. Section 2.315(A): "Volunteers cannot be used to meet the applicable staff to child ratio." Section 2.315(B): "Volunteers must be directly supervised by the primary provider applicant 2, an equally qualified provider, or equally qualified substitute, with no unsupervised access to children, and have clearly established written duties." Section 2.315(C): "Prior to assisting with the care of children, volunteers must be made familiar with these 'Rules Regulating Family Child Care Homes,' the 'General Rules for Child Care Facilities,' the 'Rules Regulating Special Activities,' if applicable, and the provider's written policies and procedures." Note the internal inconsistency in (B): "equally qualified substitute" is not a defined role.
The defined role is "qualified substitute" (section 2.304(A)(71)); "equally qualified provider" is a separate defined role (section 2.304(A)(29)). The phrase "equally qualified substitute" also appears in the staff aide definition at section 2.304(A)(91). It is a compound of two defined terms that does not itself exist in the definitions section. Volunteers do generate background-check duties once they work enough. Section 2.121(D)(2): "any adult volunteer, working as a staff member to meet the required staff-child ratio or staff qualifications, who works fourteen (14) days (112 hours) or more in a calendar year shall complete the fingerprint process at an approved vendor." That provision again presumes a required staff-child ratio for homes; and section 2.121(D)(3) requires the check "prior to caring for children or allowing the individual unsupervised access to children" in "family child care homes" for any volunteer "whose activities involve the care and supervision of children." WHO MUST BE IN THE HOME AT ALL. Section 2.311(A)(1): "Primary providers and applicant 2 must physically reside at the family child care home and must provide the child care."
Section 2.311(A)(7): "Primary providers, applicant 2, equally qualified providers, qualified substitutes, staff members, and volunteers must demonstrate an interest in and knowledge of children and a concern for their proper care and well-being." Section 2.311(A)(8) is a disqualification specific to the provider's own family history: "Primary provider's or an applicant 2's own children, or children they have legal custody and control over must not have been placed in foster care or residential care primary provider or an applicant 2 must not have had their parental rights modified by court order because the primary provider or an applicant 2 was abusive, neglectful, or a danger to the health, safety, or well-being of those children." The sentence is ungrammatical as printed — two clauses have been run together without punctuation — but its two limbs are clear enough: prior removal of your own children into foster or residential care, and prior modification of your parental rights on abuse or neglect grounds, each disqualify. Section 2.311(A)(9): "Primary providers, applicant 2, equally qualified providers, qualified substitutes, all staff members, and volunteers must not be under the influence of any substance that impairs their ability to care for children," with section 2.304(A)(95) defining "under the influence" as "a person that has injected, inhaled, ingested, or otherwise taken any substance that impairs their ability to care for children," and section 2.304(A)(48) defining "intoxicated" as "a person is under the influence of drugs or alcohol to the point that his/her actions and/or behavior presents an immediate danger to themself or others."
Section 2.311(A)(15) is a health-based suspension mechanism: "If, in the opinion of a physician or mental health practitioner, a physical, medical (including side effects of medication), emotional, or psychological condition exists at any time that may jeopardize the health of children or adversely affect the ability of a provider to care for children, an equally qualified substitute provider must be employed, or child care services must cease until the physician or mental health practitioner states in writing that the health risk has been eliminated." THE PRIMARY PROVIDER'S MANAGEMENT DUTIES.
Sections 2.311(A)(10) through (A)(12) and (A)(16) through (A)(19) load a set of obligations onto the primary provider personally: ensuring everyone else "are familiar with the children in care, the 'General Rules for Child Care Facilities,' 'Rules Regulating Family Child Care Homes,' 'Rules Regulating Special Activities,' the home's policies, the location of children's files, and emergency numbers"; planning "the selection, orientation, training and/or staff development of all equally qualified providers, qualified substitutes, staff members, and volunteers"; planning "the supervision, care, and activities of children"; ensuring all of them "be familiar with the names, ages, and any special needs or health concerns of the children" and "the location of children's enrollment records as listed in rule section 2.320"; registering everyone with "the Colorado Shines Professional Development Information System"; and, before anyone works with children, ensuring "all equally qualified providers, qualified substitutes, and all staff members must read and be trained on the policies and procedures for the administration of medications and sign a statement indicating that they have read and have been trained on the center's administration of medications policies and procedures." (The word "center's" in that last clause is another leftover from the centre chapter.) TRANSPORTATION HAS ITS OWN ONE-ADULT RULE.
Section 2.338(B): "At least one (1) adult in the vehicle transporting children must have current Department-approved first aid certificate and Department-approved CPR certificate for all ages of children. A first aid kit must be available in the vehicle." Section 2.338(D)(9): "The provider cannot transport more children than any vehicle can safely accommodate with child restraint systems and seat belts that are properly installed in the vehicle." Vehicle capacity is therefore a second and independent cap on how many children can go anywhere with you. Section 2.338(D)(5) adds that "Children under thirteen (13) years of age must never be transported in the front seat of a vehicle," and (D)(6) that "Children must never be left alone in a vehicle."
What training do I need to run a home daycare in Colorado?
Before you can be licensed: COLORADO RUNS FOUR SEPARATE CLOCKS: BEFORE THE LICENCE ISSUES, BEFORE YOU TOUCH A CHILD, WITHIN THIRTY DAYS, AND WITHIN NINETY DAYS. Miss which clock a course sits on and you will be cited for something you did complete. THE MASTER RULE. Section 2.312(A): "Every required training in this rule section 2.312 must be documented and available for review by the Department." CLOCK ONE — BEFORE THE LICENCE ISSUES OR YOU CARE FOR ANY CHILD. Section 2.312(B): "Prior to issuance of the license or providing care to children, the primary provider, applicant 2, and equally qualified provider, must complete a Department approved fifteen (15) clock hour pre-licensing course of training." Section 2.312(B)(1): "The following individuals are exempt from pre-licensing training: a. Individuals who have a current director qualifications letter issued by the Department; or b. Individuals with a Bachelor's, Master's, or Doctorate degree from an accredited college or university with a major area of study in Elementary Education or Early Childhood Education." Read the exemption narrowly.
It is not "a degree in education." It is a Bachelor's, Master's or Doctorate whose MAJOR AREA OF STUDY is Elementary Education or Early Childhood Education. A degree in child psychology, social work, nursing or human development does not exempt you. An associate degree does not exempt you. The alternative route is the director qualifications letter, defined at section 2.304(A)(21) as "a written letter that verifies that he/she meets the Colorado State Director qualification requirements for a large child care center." Note also who is bound: primary provider, Applicant 2 and equally qualified provider. Qualified substitutes, staff members and staff aides are not required to hold the fifteen-hour pre-licensing course by this paragraph — but a staff aide left alone with children is caught anyway, because section 2.309(A)(4)(a) requires such an aide to "meet the same age and training requirements listed in rule sections 2.311, 2.312, and 2.313 as the primary provider." CLOCK TWO — BEFORE WORKING WITH CHILDREN. Six trainings, each with its own renewal cycle and its own list of who is bound.
This is the densest paragraph in Colorado's home rules and it repays reading literally. STANDARD PRECAUTIONS — section 2.312(C): "Prior to working with children, the primary provider, applicant 2, equally qualified providers, qualified substitutes, and all staff members must complete a Department-approved training in standard precautions that meets current occupational safety and health administration (OSHA) requirements prior to working with children. This training must be renewed annually." Section 2.304(A)(93) defines it: "'Standard precautions' means safe work practices to prevent exposure to blood and bodily fluids." Bound: everyone. Renewal: annual. FIRST AID AND CPR — section 2.312(D): "Prior to working with children, the primary provider, applicant 2, equally qualified provider, and qualified substitutes must complete the a Department-approved First Aid and CPR training, for all ages of children from infant to twenty-one (21) years of age". Section 2.304(A)(10) defines CPR training as "cardiopulmonary resuscitation for adult, infant, and child," and section 2.304(A)(34) defines First Aid training as "training in which a person reacts to injuries and performs simple emergency medical care procedures before emergency medical professionals are available as necessary."
The coverage requirement — "for all ages of children from infant to twenty-one (21) years of age" — rules out an infant-only or adult-only certification. It must span the full band. And there is a second, lighter tier that is frequently missed. Section 2.312(D)(1): "Prior to working with children all staff members caring for children not required by rule to be certified in First Aid and CPR must complete the Department-approved basic First Aid and CPR module. This module must be renewed every two (2) years." So a staff aide or staff member who is not in the four fully certified roles still owes a basic module, renewed on a two-year cycle. Note also that the transportation rule imposes its own version: section 2.338(B), "At least one (1) adult in the vehicle transporting children must have current Department-approved first aid certificate and Department-approved CPR certificate for all ages of children." MEDICATION ADMINISTRATION — section 2.312(E): "Prior to working with children, the primary provider, applicant 2, equally qualified provider, and qualified substitutes must complete a Department approved course of training for medication administration.
This course must be completed every three (3) years and can be applied towards ongoing annual training hours in the year that it is completed". Three-year cycle, and — the part usually omitted — it counts toward your fifteen ongoing hours in the year you take it. Separately, section 2.311(A)(19) requires that "Prior to working with children, all equally qualified providers, qualified substitutes, and all staff members must read and be trained on the policies and procedures for the administration of medications and sign a statement indicating that they have read and have been trained." BUILDING AND PHYSICAL PREMISES — section 2.312(F): "Prior to working with children, the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff members must complete a building and physical premises training. The training must include identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, vehicular traffic, handing and storage of hazardous materials, and the appropriate storage of biological contaminants."
Section 2.312(F)(1): "This training is developed and facilitated by the primary provider for applicant 2, equally qualified providers, qualified substitutes, and all staff members to identify specific environmental hazards at the family child care home. Applicant 2, equally qualified providers, qualified substitutes, and all staff members must be retrained if there are changes to the building and physical premises." This is the one training you deliver yourself. There is no Department-approved vendor for it; you write it, you facilitate it, and you re-deliver it whenever the premises change. Since it must be documented under section 2.312(A), you need a written curriculum and dated sign-offs. And "changes to the building and physical premises" is a trigger with no threshold — a new deck, a new pool, a new fence line, a relocated furnace. SHAKEN BABY / ABUSIVE HEAD TRAUMA — section 2.312(G): "Prior to working with children, if working with children less than three (3) years of age, the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff members must complete a Department approved prevention of shaken baby/abusive head trauma.
This training must be renewed every two (2) years and can be applied towards ongoing annual training hours in the year that it is completed." Conditional on serving under-threes; two-year cycle; counts toward the fifteen. SAFE SLEEP — section 2.312(I): "Prior to working with infants, the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff members must complete a Department-approved safe sleep training. This training must be renewed annually." Conditional on serving infants; annual cycle. The policy consequence sits at section 2.316(B)(21), which requires the written policy statement to cover "Safe sleep environments for infants in compliance with rule section 2.329(H)." CHILD ABUSE PREVENTION — section 2.312(H): "Prior to working with children the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff members must complete a Department approved training about child abuse prevention, including common symptoms and signs of child abuse how to report, where to report, and when to report suspected or known child abuse or neglect within thirty (30) calendar days of employment.
This training must be renewed annually." That sentence contradicts itself and the contradiction is worth naming. It opens "Prior to working with children" and closes "within thirty (30) calendar days of employment." Those are two different deadlines for one course. The safe reading — and the reading consistent with every other pre-service item in section 2.312(C) through (I) — is to treat it as pre-service and complete it before any child is in your care. Renewal is annual either way. CLOCK THREE — WITHIN THIRTY CALENDAR DAYS OF CARING FOR CHILDREN. IMMUNIZATION COURSE — section 2.312(J): "Within thirty (30) calendar days of caring for children the primary provider and all individuals responsible for the collection, review, and maintenance of the child immunization records must complete the Colorado Department of Public Health and Environment (CDPHE) immunization course. This training must be renewed annually." Bound by function, not by job title: whoever handles immunization records. PLAYGROUND SAFETY FOR HOMES — section 2.312(K): "Within thirty (30) calendar days of caring for children the primary provider, applicant 2, the equally qualified provider, qualified substitutes, and all staff must complete a Department-approved training regarding playground safety for homes.
This course is required once and will be counted towards ongoing training requirements". Once only, and it counts toward your fifteen ongoing hours. READING THE THREE RULE SETS — section 2.312(L): "Within thirty (30) calendar days of caring for children, the primary provider must ensure that equally qualified providers, qualified substitutes, and all staff members must read and be trained on 'Rules Regulating Family Child Care Homes,' the 'General Rules for Child Care Facilities,' and the 'Rules Regulating Special Activities,' if applicable." The paperwork this generates is at section 2.313(A)(4), which requires in each personnel file "Within (30) calendar days of caring for children a signed statement indicating that the individual has been trained, understands, and has had the opportunity to ask questions regarding" those three rule sets. CLOCK FOUR — WITHIN NINETY CALENDAR DAYS OF CARING FOR CHILDREN. Five one-time courses, each of which counts toward ongoing hours. Section 2.312(M): "a Department-approved introduction to the early intervention and preschool special education programs.
This course is required once and will be counted towards ongoing training requirements". Bound: primary provider, Applicant 2, equally qualified provider, qualified substitutes and all staff. Section 2.312(N): "a Department-approved training for recognizing the impact of bias on early childhood professionals. This course is required once and will be counted towards ongoing training requirements". Same list. Section 2.312(O): "Within ninety (90) calendar days of caring for children all qualified substitutes, and staff members must have at least one (1) hour of child development training. This training must include the major domains (cognitive, social, emotional, physical development and approaches to learning). This course is required once and will be counted towards ongoing training requirements if taken after the date of hire." This one is bound only to qualified substitutes and staff members — not to the primary provider or Applicant 2 — and it carries a conditional credit: it counts toward ongoing hours only "if taken after the date of hire." Section 2.312(P): "a Department-approved training regarding 'Injury Prevention for Homes.'
This course is required once and will count towards ongoing training requirements." Named course, home-specific. Section 2.312(Q): "Within ninety (90) calendar days of caring for children the primary provider, applicant 2, and the equally qualified provider must complete the Department-approved training 'Working with an Early Childhood Mental Health Consultant.' This course is required once and will be counted toward ongoing professional development." Narrower list — the three senior roles only. Section 2.304(A)(24) ties that last course to a statutory role: "'Early Childhood Mental Health Consultant' (ECMHC) means the same as 'mental health consultant' in section 26.5-3-701(1), C.R.S.," and section 2.304(A)(25) describes the services. Section 2.316(B)(19)(a) then requires your written policies to "Identify and consult with an early childhood mental health consultant or other specialists as needed" in the discipline and expulsion context. Colorado has built a consultation pathway into the training, the policies and the statute together. TWO REGISTRATIONS THAT ARE NOT TRAINING BUT BEHAVE LIKE IT.
Section 2.311(A)(18): "Primary provider, applicant 2, equally qualified providers, qualified substitutes, and all staff must register with the Colorado Shines Professional Development Information System." Everyone in the home who works with children, registered in the state system. SENATE BILL 26-020 section 1, signed 06/02/2026, adds C.R.S. § 26.5-5-333 requiring the executive director to "ADOPT RULES CONCERNING REQUIREMENTS FOR FACILITIES LICENSED PURSUANT TO THIS PART 3 TO MAINTAIN UP-TO-DATE EMPLOYEE RECORDS IN THE PROFESSIONAL DEVELOPMENT INFORMATION SYSTEM" — so the registration duty is about to become an ongoing maintenance duty, on terms not yet written into 8 CCR 1402-1. Section 2.305(A)(2): "Licensed family child care homes enrolling children five (5) years of age or younger are required to participate in Colorado Shines, the state quality rating and improvement system." Not a training, but a mandatory programme enrolment triggered by the age of a single child. THE EMERGENCY PREPAREDNESS TRAINING THAT LIVES IN THE GENERAL RULES. Section 2.133(A): "Prior to caring for children, all staff must complete a Department-approved training in emergency and disaster preparedness: Evacuation, Shelter in Place, Lockdown, and Active Shooter on Premises Plans for Children in Care."
Section 2.133(B): "Each staff member of the facility must be trained in fire safety and the use of available fire extinguishers and fire alarms." And section 2.134(A) requires the plan behind it: "All child care providers must have a written plan for: evacuating and safely moving children to an alternate site; lockdown; shelter in place; and an active shooter on premises. The plan must include provisions for multiple types of hazards, such as floods, fires, tornadoes, and active shooter situations. The plan must be updated as changes occur and reviewed annually. All employees of a child care provider must also be annually trained on the provider's written plan prior to caring for children, and retrained as changes occur." Providers routinely miss this because it sits at 2.133 rather than 2.312. It is pre-service, it applies to "all staff," and it is annually retrained. THE MEDICAL STATEMENT, WHICH IS A PRE-LICENSING CONDITION AND NOT A TRAINING. Section 2.311(A)(13): "Prior to license approval, the primary provider, applicant 2, and all persons residing in the home must obtain a medical statement signed and dated by a licensed physician or other health care provider."
Section 2.311(A)(13)(a): "All equally qualified providers, qualified substitutes, and staff members must obtain a medical statement signed and dated by a licensed physician or other health care provider within thirty (30) days of employment." Section 2.311(A)(14) sets the renewal: "Subsequent health evaluations for the primary provider, applicant 2, and children residing in the home who are less than ten (10) years of age must be obtained every two (2) years or as required in a written plan signed by a licensed physician or other health care provider. A new family member and/or a new resident of the home must obtain a health evaluation form signed and dated by a licensed physician or other health care provider within thirty (30) days from the date the individual began living in the home." Section 2.311(A)(14)(a) extends the two-year cycle to equally qualified providers, qualified substitutes and all staff members. Note the reach: EVERY person residing in the home needs a medical statement before the licence is approved — a spouse who never touches the business, an adult child, a lodger.
And the two-year renewal covers the provider, Applicant 2 and resident children under ten, not the whole household. Section 2.304(A)(41) defines who may sign: "'Health care provider' means a Licensed Physician, Physician's Assistant, and Nurse Practitioner registered or licensed with the Colorado Department of Regulatory Agencies' Division of Professions and Occupations." THE FULL PRE-SERVICE STACK, SEQUENCED. For a first-time regular-home applicant serving infants, the order that avoids wasted effort is: (1) confirm your square footage against 35 sq ft indoor and 75 sq ft outdoor per child, because it caps everything; (2) get the local zoning approval under section 2.122(B), which is a condition of issuance; (3) start the CBI/FBI fingerprints and Trails checks under sections 2.120 and 2.121 for yourself and every adult in the house, because those have the longest external lead time; (4) book the fifteen-hour pre-licensing course under section 2.312(B) unless exempt; (5) get medical statements for the whole household under section 2.311(A)(13); (6) complete the pre-service block — standard precautions, First Aid/CPR birth to 21, medication administration, building and premises, child abuse prevention, plus shaken baby if under-threes and safe sleep if infants — under section 2.312(C) through (I); (7) complete the emergency and disaster preparedness training under section 2.133(A) and write the four plans under sections 2.134 through 2.137; (8) register in the Colorado Shines PDIS under section 2.311(A)(18); (9) file the original application with the $65 fee at least sixty days out under sections 2.105(A) and 2.111(A). Then the thirty-day and ninety-day clocks start on the day you first care for children — not on the day the licence issues.
Ongoing training: FIFTEEN CLOCK HOURS EVERY YEAR, OF WHICH AT LEAST THREE MUST BE SOCIAL-EMOTIONAL — AND FIRST AID AND CPR DO NOT COUNT TOWARD ANY OF THEM. THE CORE OBLIGATION. Section 2.312(R): "The primary provider, applicant 2, equally qualified provider, qualified substitutes, and all staff members shall: 1. Complete a minimum of fifteen (15) clock hours of ongoing professional development each year. At least three (3) of the fifteen (15) clock hours must be in social emotional development." Everyone owes it — not just the licensee. A qualified substitute who covers you three days a year owes fifteen hours; a staff aide owes fifteen hours. "EACH YEAR" IS NOT THE CALENDAR YEAR. Section 2.304(A)(B) — the definitions run alphabetically, and the second entry reads: "'Annually' means the time frame from the initial date of hire, training, licensing, or certification, and the following twelve months." Section 2.304(A)(C) defines the other one: "'Calendar year' means the time frame from January 1 to December 31." Section 2.312(R)(1) says "each year," not "each calendar year," and the surrounding renewals in section 2.312 are expressed as "renewed annually," which the definition pegs to your own anniversary of hire, training, licensing or certification.
Every person in the home may therefore be running a different training year. The substitute clock at section 2.311(A)(3), by contrast, is expressly "per calendar year," as is the volunteer fingerprint threshold at section 2.121(D)(2). Colorado uses both units in the same rule set and means different things by them. THE SEVEN COMPETENCY AREAS. Section 2.312(R)(1)(a): "Ongoing training and courses shall demonstrate a direct connection to one or more of the following competency areas: 1) Child growth and development and learning courses that align with the competency domains of child growth and development; 2) Child observation and assessment; 3) Family and community partnership; 4) Social-emotional health and development promotion; 5) Health, safety, and nutrition; 6) Professional practice; and 7) Teaching practices." The three social-emotional hours map to area 4. Section 2.304(A)(88) defines what the state means by it: "'Social-emotional development' means the development of self-awareness and self-regulation as reflected in the desire and growing ability to connect with others and the ability to experience, express and regulate a full range of emotions, to pay attention, make transitions from one activity to another, and cooperate in the context of relationships with others."
COLLEGE CREDIT CONVERSION. Section 2.312(R)(2): "Each one (1) semester hour course with a direct connection to the competency area listed in rule section 2.312(Q)(1)(a), taken at a regionally accredited college or university shall count as fifteen (15) clock hours of ongoing training." One semester hour discharges the entire annual obligation. Note two things. First, the cross-reference is wrong: the competency list is at section 2.312(R)(1)(a), not 2.312(Q)(1)(a) — subsection (Q) is the "Working with an Early Childhood Mental Health Consultant" course and has no paragraph (1)(a). It is a broken internal citation inside the operative training rule of the current, in-force text. Second, "regionally accredited" is defined at section 2.304(A)(72) by naming the six bodies: "Middle States Association of Colleges and Schools, Northwest Association of Colleges and Schools, North Central Association of College and Schools, New England Association of Colleges and Schools, Southern Association of Colleges and Schools, and Western Association of Colleges and Schools." A course from a nationally-accredited-but-not-regionally-accredited institution does not convert.
THE TWO TRAPS. NO CARRY-OVER. Section 2.312(R)(3): "Training hours completed can only be counted during the year taken and cannot be carried over." Twenty hours this year does not buy you ten next year. FIRST AID AND CPR ARE EXCLUDED. Section 2.312(R)(4): "The fifteen (15) clock hours of training do not include recertification in First Aid and CPR." This is the most common misconception among Colorado home providers, because First Aid and CPR recertification is the training they most reliably do. It buys nothing toward the fifteen. WHAT DOES COUNT, AND THE RULE SAYS SO EXPLICITLY. Four of the mandatory courses in section 2.312 carry their own credit clause, and together they can cover most of a year: — Medication administration, section 2.312(E): "can be applied towards ongoing annual training hours in the year that it is completed." Every three years. — Shaken baby / abusive head trauma, section 2.312(G): "can be applied towards ongoing annual training hours in the year that it is completed." Every two years, if you serve under-threes. — Playground safety for homes, section 2.312(K): "This course is required once and will be counted towards ongoing training requirements." — The four ninety-day courses at sections 2.312(M), (N), (O) and (P): each "is required once and will be counted towards ongoing training requirements," with (O) qualified by "if taken after the date of hire," and section 2.312(Q) phrased as "will be counted toward ongoing professional development."
By contrast, sections 2.312(C) standard precautions, (D) First Aid/CPR, (F) building and premises, (H) child abuse prevention, (I) safe sleep, (J) the CDPHE immunization course and (L) reading the rule sets carry no credit clause. Read strictly, only the courses whose text grants credit grant it — and section 2.312(R)(4) puts First Aid and CPR beyond argument. THE CERTIFICATE, WHICH IS WHERE MOST CITATIONS COME FROM. Section 2.312(R)(5): "To be counted for ongoing training, a provider must receive for each training, a training certificate that includes: a. The title of the training; b. The competency domain or from a nationally approved vendor list; c. The date and clock hours of the training; d. The name and signature of the trainer or another approved method of verifying the name and qualifications of the trainer; e. Expiration of training, if applicable; and f. Connection to social-emotional focus, if applicable." Six mandatory elements. A certificate missing the competency domain, or missing the trainer's signature, or silent on whether the course carried a social-emotional focus, does not count — the rule says "To be counted." A provider who does thirty hours a year and files sloppy certificates is, on the face of the rule, a provider with zero countable hours.
Section 2.312(R)(6) puts a duty on the other side of the transaction: "The trainer must have documentation of their qualifications for each topic of training conducted, which must be available for review by representatives of the Department." That means the Department can ask for the trainer's own credentials, not just your certificate — a reason to prefer Department-approved vendors even where the rule does not require one. WHERE THE HOURS ARE FILED. Section 2.313(A)(7) requires each personnel file to include "Verification of training as required in rule section 2.312." Section 2.318(D)(4) requires records for "Primary providers, applicant 2, equally qualified providers, staff members, qualified substitutes, and volunteers records per rule sections 2.311, 2.312, 2.313, 2.314, and 2.315" to be kept "for three (3) years after the family child care home closes its license or stops providing care under its license; a child leaves the care of the family child care home or a staff member or volunteer terminates employment or volunteerism." And section 2.311(A)(18) requires everyone to be registered in the Colorado Shines Professional Development Information System, which is where Colorado expects the hours to be visible.
THE FIVE-YEAR VERSION OF THE SAME OBLIGATION. If you intend ever to hold an experienced family child care provider licence, section 2.310(A)(1)(c) turns the annual fifteen into a cumulative gate: "Have completed seventy-five (75) clock hours of training within the preceding five (5) years, or have a current early childhood professional credential level III (3) or higher ...; or individuals who have a current director qualifications letter issued by the Department. The seventy-five (75) clock hours of training does not include pre-licensing training, standard precautions, First Aid and CPR, or Medication Administration training." Fifteen hours a year for five years is exactly seventy-five — but only if none of those hours were pre-licensing, standard precautions, First Aid/CPR or medication administration. Medication administration counts toward the annual fifteen under section 2.312(E) and is expressly excluded from the seventy-five under section 2.310(A)(1)(c). The same course, credited in one place and disallowed in the other. A provider planning toward the experienced licence needs to bank surplus hours from the outset.
WHAT HAPPENS IF YOU DO NOT. Training failures are licensing violations like any other. Section 2.113(A)(5) exposes a licensed facility to fines "up to $250 a day for the first day, $500 for the second day, and $1,000 a day for the third and subsequent days, to a maximum of $10,000 for each violation," and section 2.113(A)(6) preserves the Department's separate power to "deny, suspend, revoke, make probationary, or refuse to renew that license." A founded complaint at severity level one or two, or any adverse action, also closes the door for two years on the three-under-eighteen-months licence (section 2.307(A)(3)-(4)), the infant/toddler licence (section 2.308(A)(1)(a)(1)), the large licence (section 2.309(A)(2)) and the experienced provider licence (section 2.310(A)(1)(d)-(e)).
What background checks does Colorado require?
COLORADO RUNS FIVE DISTINCT CHECKS, NOT TWO — AND THE THIRD, FOURTH AND FIFTH ARE THE ONES PEOPLE MISS. A CBI/FBI fingerprint check; a Trails child abuse and neglect records check; a state criminal history, state sex offender registry and state abuse-and-neglect registry check for EVERY STATE you have lived in during the past five years; a National Sex Offender Registry check; and, done by the Department on its own initiative, a comparison search of the State Judicial Department's court case management system and the Colorado Department of Public Safety sex offender registry. All of them reach every adult who lives in your house, not merely everyone who works in it. CHECK ONE — FINGERPRINT-BASED CRIMINAL RECORD CHECK (CBI AND FBI). Section 2.121(A)(1): "In order to obtain any Colorado Bureau of Investigation (CBI) and/or Federal Bureau of Investigation (FBI) fingerprint criminal history records, each applicant listed below must have their fingerprints taken and processed at a vendor approved by CBI. Approved vendors may be located using the CBI website at Colorado.gov/cbi. Payment of the fee for the criminal record check is the responsibility of the individual being checked, identified as follows: a.
Each applicant for an original license for a center, facility, or agency and any adult eighteen (18) years of age or older who resides in the licensed center, facility or agency." Three operative facts. The prints must be taken at a CBI-APPROVED VENDOR — not at a police station of your choosing, not by an out-of-state livescan shop. The fee falls on the individual, not the business. And the duty attaches to "any adult eighteen (18) years of age or older who resides in the licensed ... facility," which in a family child care home means every adult in your household: spouse, partner, adult child, parent, lodger. The exempt-provider parallel is at section 2.121(A)(1)(b): "Each exempt family child care home provider who provides care for a child and each individual who provides care for a child who is related to the individual (referred collectively in this rule section as a 'qualified provider'), if the child's care is funded in whole or in part with money received on the child's behalf from the publicly funded Colorado Child Care Assistance Program; and, any adult eighteen (18) years of age or older who resides with a qualified provider where the care is provided."
So the licence exemption at section 2.112(B)(5) does not exempt you from fingerprinting if you take CCCAP money — and it drags your household in with you. Section 2.121(E): "Payment of the fee for the FBI check is the responsibility of the individual who is obtaining the check or the facility or agency." Section 2.121(D) covers employees: "Each owner and employee sixteen (16) years of age or older of a facility or agency shall complete the fingerprint process at an approved vendor. Payment of the fee for the criminal record check is the responsibility of the individual being checked or the facility or agency. The results of the criminal record check, the CBI and/or Federal Bureau of Investigation (FBI) response letters, must be maintained at the home, center, facility, or agency and must be available for review upon request by a Licensing Specialist." Note the age: SIXTEEN for employees, EIGHTEEN for residents. A sixteen-year-old staff aide is fingerprinted; a sixteen-year-old who merely lives in the house is not, until the fourteen-days-before-eighteen rule bites. THE TWO HOUSEHOLD DEADLINES THAT CATCH PEOPLE.
Section 2.121(C)(1): "Any resident of the family child care home or qualified exempt provider home turning eighteen (18) years of age shall complete the fingerprint process at an approved vendor fourteen (14) calendar days prior to their 18th birthday." Section 2.121(C)(2): "The fingerprint process shall be completed at an approved vendor within five (5) calendar days of when any new resident, eighteen (18) years of age or older, begins residing in a family child care home or qualified exempt provider home. Adults must not be allowed unsupervised access to children in care until all background checks have been successfully completed." Fourteen days BEFORE a birthday is an unusual construction — it requires you to act in advance of a fact that has not yet occurred. Put your resident teenagers' seventeenth-and-eleven-month dates in a calendar. And five calendar days for a new adult resident is a very short fuse for anyone who takes in a relative, a partner or a boarder. Section 2.124(A)(3)(d) separately makes a "Change of residents in the facility" a change "Requiring Written Notification to the Department and Prior Department Approval."
WHAT THE ANNUAL RENEWAL DOES NOT REQUIRE — AND WHAT THE FIVE-YEAR RULE DOES. Section 2.121(C): "At the time the annual declaration of compliance (see rule section 2.107(B) is submitted to the Department, except as required per this rule section 2.121(C), a criminal record check is required only for adults living at the licensed facility who have not previously obtained one. Because the Colorado Bureau of Investigation (CBI) provides the Department with ongoing notification of arrests, owners, applicants, licensees, and persons who live in the licensed facility who have previously obtained a criminal record check, they are not required to obtain additional criminal record checks." That paragraph is widely quoted as meaning "once fingerprinted, never again." It does not say that, and another paragraph of the same section says the opposite for the FBI half. Section 2.121(D)(5): "Every five (5) years, requests for FBI criminal record checks must be renewed by completing the fingerprint process at an approved vendor. An updated clearance letter or verification of the submission of the request must be obtained prior to five (5) years from the date reflected on the current clearance letter."
The two provisions sit in tension inside one rule section: (C) says previously-checked owners, applicants, licensees and residents "are not required to obtain additional criminal record checks"; (D)(5) says FBI checks "must be renewed" every five years, and requires the renewal to be obtained BEFORE the five-year mark on the existing clearance letter, not after. The prudent reading — and the one that matches the CBI's arrest-notification rationale, which covers Colorado arrests but not out-of-state ones — is that the CBI side rides on ongoing notification while the FBI side must be re-run every five years. Do not treat section 2.121(C) as a permanent exemption. CHECK TWO — TRAILS CHILD ABUSE AND NEGLECT RECORDS CHECK. Section 2.120(A): "An operator of a licensed facility, guest child care facility as defined in section 26.5-5-303(10), C.R.S., or an exempt family child care home provider must submit a request to determine if an operator, applicant for employment or current employee has been found responsible for a confirmed report of child abuse or neglect in the Department's automated system (Trails)."
Section 2.120(C): "The Trails child abuse or neglect records request must be made on the state-prescribed form, accompanied by the required fee within the following required time frames: 1. Child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt providers must meet the following: a. For all individuals whose activities involve the care or supervision of children or who have unsupervised access to children, requests must be submitted and successfully completed prior to caring for children or allowing unsupervised access to children." Section 2.120(C)(1)(a)(1) creates a limited bridging permission: "Individuals who have obtained a successfully completed CBI or FBI record check may care for children, for no longer than ninety (90) calendar days, while waiting for all other required background checks to be completed. The individual must be supervised at all times by an individual who has successfully completed all required background checks." Ninety days, supervised at all times, and only if the fingerprint check has already cleared.
The household deadlines mirror the fingerprint ones. Section 2.120(C)(1)(b): "For each adult eighteen (18) years of age or older, residing in a licensed family child care home or a qualified exempt provider home, requests must be submitted at time of application." Section 2.120(C)(1)(c): "For each adult eighteen (18) years of age or older, who begin residing in the home after care begins, requests must be submitted within five (5) calendar days of when he or she begins residing in the home, and these adults must not be allowed unsupervised access to children in care until all background checks have been successfully completed." Section 2.120(E) adds a consent requirement: "The Trails child abuse and neglect records request must be accompanied by the individual's written authorization to obtain such information from the State automated system, if applicable." Section 2.120(F) governs the result: "The Department will inform the requesting party in writing of whether the individual has been confirmed to be a person responsible for an incident of child abuse or neglect," and if so "must provide the requesting party with information regarding the date of the reported incident, the type of abuse or neglect with the severity level, and the county department that confirmed the report."
Section 2.120(G) then limits what you may do with it: "The information provided by the Department must serve only as the basis for further investigation. The director or operator may inform an applicant or employee that the report from the Department's automated system was a factor in the director or operator's decision with regard to the applicant or employee's employment." A confirmed Trails finding is a trigger for inquiry, not an automatic bar. Section 2.120(H) criminalises leaks: "Any person who willfully permits or who encourages the release of data or information related to child abuse or neglect contained in the Department's automated system to persons not permitted access to such information commits a Class 1 misdemeanor and may be punished as provided in section 18-1.3-501(1), C.R.S." AND THE FIVE-YEAR TRAILS RENEWAL, WHICH IS ROUTINELY OMITTED. Section 2.120(I): "Every five (5) years, all child abuse and neglect inquiry background checks must be renewed by resubmitting an inquiry form and current fee to the Department for processing. An updated clearance letter or verification of the submission of the inquiry form must be obtained before five (5) years from the date reflected on the current clearance letter."
So there are two five-year clocks running in parallel: FBI fingerprints under section 2.121(D)(5) and Trails under section 2.120(I). Both must be renewed BEFORE the anniversary, not on it. Section 2.120(J) requires you to hold the paper: "The results of the abuse and neglect inquiry must be maintained at the center, facility, or agency and must be available for review upon request by a Licensing Specialist." CHECK THREE — THE MULTI-STATE CHECKS, WHICH MOST SUMMARIES OF COLORADO OMIT ENTIRELY. Section 2.121(J): "State-based background checks. 1. The following background check requests must be submitted and successfully completed for each state an individual has resided in, in the past five years, prior to an individual caring for children or allowing the individual unsupervised access to children in child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt provider homes: a. State criminal history check; b. State sex offender registry check; c. State abuse and neglect registry check." Three checks, per state, for every state of residence in the past five years, completed BEFORE the person cares for children.
For a provider who moved to Colorado two years ago from Texas, that is three additional out-of-state clearances on top of the Colorado ones — and each state has its own form, fee and turnaround. This is the single largest source of unexpected delay in a Colorado home application, and it is invisible if you read only sections 2.120 and 2.121(A). CHECK FOUR — NATIONAL SEX OFFENDER REGISTRY. Section 2.121(D)(4)(b): "A National Sex Offender Registry check request must be submitted and successfully completed prior to an individual caring for children or allowing the individual unsupervised access to children in child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt provider homes." CHECK FIVE — THE DEPARTMENT'S OWN COMPARISON SEARCH. Section 2.121(H): "For all CBI fingerprint-based criminal history record information checks required in this rule section 2.121, including those confirming a criminal history as well as those confirming no criminal history, the Department will conduct a comparison search on the State Judicial Department's court case management system and the sex offender registry of the Colorado Department of Public Safety.
The court case management search must be based on name, date of birth, and address, in addition to any other available criminal history data that the Department deems appropriate, is used to determine the type of crime(s) for which a person was arrested or convicted and the disposition thereof. The sex offender registry search is used to determine whether the address of a licensee or prospective licensee is listed as belonging to a registered sex offender." Read the last sentence. The Department checks whether YOUR ADDRESS appears on the sex offender registry — not merely whether you do. A previous occupant, or a household member you did not disclose, can surface through the property record. And the comparison search runs even where the fingerprint check comes back clean. DEADLINES FOR EVERYONE ELSE. Section 2.121(D)(3): "Criminal background check requests for volunteers, whose activities involve the care and supervision of children; or who have unsupervised access to children, must be submitted and successfully completed prior to caring for children or allowing the individual unsupervised access to children in child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt provider homes."
Section 2.121(D)(2): "Except as required per rule section 2.121(D)(3), any adult volunteer, working as a staff member to meet the required staff-child ratio or staff qualifications, who works fourteen (14) days (112 hours) or more in a calendar year shall complete the fingerprint process at an approved vendor. ... An employee operating as a volunteer to meet required staff-child ratio that does not have a completed background check on file must be supervised at all times by a qualified staff member who has successfully completed all background checks." Section 2.121(D)(4): "Requests for a criminal record check, other than those required per this rule section 2.121(D)(4) must be completed at an approved vendor within five (5) working days of the day that the individual begins to work at the facility or agency. a. Criminal background check requests must be successfully completed prior to an individual caring for children or allowing the individual unsupervised access to children in child care centers (less than 24-hour care), school-age child care facilities, family child care homes, and qualified exempt provider homes." (The self-referential exception in the opening clause — "other than those required per this rule section 2.121(D)(4)" — appears to be a drafting error for (D)(3).) Section 2.120(C)(2) sets the general Trails deadline for other settings: "All other requests except those specified in rule section 2.120(C)(1) must be submitted within ten (10) calendar days of the first day of employment for each employee or facility," and section 2.120(D) repeats the ten-day rule.
For family child care homes, however, the stricter rule in (C)(1)(a) governs: successfully completed before caring for children. Section 2.121(D)(1) covers departures: "When an individual leaves employment, the facility must submit to the Department a completed Notification of Name Removal form to request the removal of the individual's name from their facility license number in the CBI database." A named form, and a duty that outlives the employment. THE ABSOLUTE DISQUALIFIERS. Section 2.121(D)(7): "A child care facility shall not employ or certify an individual who has been convicted of: a. Child abuse, as defined in section 18-6-401, C.R.S. b. A crime of violence, as defined in section 18-1.3-406(2), C.R.S. c. An offense involving unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S. d. A felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S. e. A felony involving physical assault, battery, or a drug-related offense within the five years preceding the date of application for a license or certificate. f. A pattern of felony or misdemeanor convictions within the ten (10) years immediately preceding submission of the application."
The pattern test is quantified — and it is the provision most likely to surprise someone with an untidy but non-violent record. Section 2.121(D)(7)(f): "'Pattern of felony or misdemeanor' shall include consideration of sections 26.5-5-317 and 26.5-5-309(4), C.R.S., regarding suspension, revocation and denial of a license, and shall be defined as: 1) Three (3) or more convictions of third (3rd) degree assault as described in section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in section 18-6-800.3, C.R.S.; 2) Five (5) misdemeanor convictions of any type, with at least two (2) convictions of third (3rd) degree assault as described in section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in section 18-6-800.3, C.R.S.; or 3) Seven (7) misdemeanor convictions of any type." Seven misdemeanours of any type in ten years is a bar. Not seven serious ones — seven of any type.
Section 2.121(D)(7)(g) extends all of it across state lines: "Any offense in any other state, the elements of which are substantially similar to the elements listed in this rule section 2.121(D)(7)." Note what the rule means by "convicted" in this context. The parallel provision in the Human Services rulebook at 12 CCR 2509-8 section 7.710.34(D) spells it out: "'Convicted' means a conviction by a jury or a court and shall also include a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere". A deferred judgment you believed had "gone away" is a conviction for these purposes. THE REPORTING DUTY WHEN YOU HIRE SOMEONE WITH A RECORD. Section 2.121(D)(6): "Facilities and agencies that hire individuals who have been convicted of any felony, except those listed in rule section 2.121(D)(7) below, unlawful sexual behavior, or any misdemeanor, the underlying factual basis of which has been found by the court on record to include an act of domestic violence must inform the Department of that hiring within fifteen (15) calendar days of receiving knowledge of the conviction."
DISCRETIONARY GROUNDS THAT REACH YOUR HOUSEHOLD AND YOUR RELATIVES. Section 2.121(F): "The Department may deny, revoke, suspend, change to probationary or fine a child care facility if the applicant(s), an affiliate of the applicant, or any person living with or employed by the applicant has been found to violate any of the provisions set forth in section 26.5-5-317(2), C.R.S." Section 2.104(A) defines "Affiliate of a licensee" broadly: "any person or entity that owns more than five (5) percent of the ownership interest in the business ...; or, any person who is directly responsible for the care and welfare of children served; or, any executive, officer, member of the governing board, or employee of a licensee; or, a relative of a licensee, which relative provides care to children at the licensee's facility or is otherwise involved in the management or operations of the licensee's facility." Section 2.121(G) reaches further still: "The Department may deny an application for a child care facility license if the applicant is a relative affiliate of a licensee, as described in section 26.5-5-303(1.5)(d), C.R.S., of a child care facility, which is the subject of a previous negative licensing action or is the subject of a pending investigation by the Department that may result in a negative licensing action."
Your sister's troubled licence can be grounds to deny yours. THE NARROW EXEMPTIONS, WHICH DO NOT HELP A HOME PROVIDER. Section 2.121(B) exempts short-term out-of-state staff only "in the case of a children's resident camp or school-age child care center," and requires those persons to sign an affirmation and be "supervised at all times by a staff member who has successfully completed all background checks." Section 2.120(B) does the same for the Trails check. Neither reaches family child care homes. PORTABILITY, WHICH ALSO DOES NOT HELP A HOME PROVIDER. Section 2.121(I)(1) allows one check to satisfy several facilities only "Where two or more individually licensed facilities are wholly owned, operated, and controlled by a common ownership group or school district," with a central records management system and notification duties. A family child care home under section 2.110(A) can hold only one classification at one address; the portability provision is written for chains and districts. WHERE THE PAPER LIVES AND HOW LONG. Section 2.121(D): CBI/FBI response letters "must be maintained at the home, center, facility, or agency and must be available for review upon request by a Licensing Specialist."
Section 2.120(J): Trails results likewise. Section 2.313(A)(8) requires each personnel file to contain "All information and documentation from background checks as required rule sections 2.120 and 2.121 of the 'General Rules For Child Care Facilities.'" Section 2.318(D) requires those records to be kept "for three (3) years after the family child care home closes its license or stops providing care under its license; a child leaves the care of the family child care home or a staff member or volunteer terminates employment or volunteerism at the family child care home." THE PERJURY WARNING ON THE HIRING SIDE. Section 2.131(A)(1): "Every application used in the State of Colorado for employment with a child care provider or facility, must include the following notice to the applicant: 'Any applicant who knowingly or willfully makes a false statement of any material fact or thing in the application is guilty of perjury in the second degree as defined in section 18-8-503, C.R.S., and upon conviction thereof, shall be punished accordingly.'" If you hire anyone — a substitute, a staff aide — your employment application form must carry that sentence verbatim.
WHAT THE RULE STILL DOES NOT TELL YOU. Neither section 2.120 nor section 2.121 states a dollar amount. Section 2.120(C) says the request must be "accompanied by the required fee"; section 2.121(A)(1) says "Payment of the fee for the criminal record check is the responsibility of the individual being checked" and directs you to "Colorado.gov/cbi" for approved vendors. The fee schedule at section 2.111(C) prices licence applications, continuations, capacity changes, premises changes, duplicate licences and appeals — and prices no background check at all. Budget for them, but do not expect the rule to quantify them.
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Source: PRIMARY SOURCE — THE CURRENT TEXT OF THE RULE, REACHED THROUGH THE INDEX RATHER THAN THROUGH A PINNED FILE. 8 CCR 1402-1, CHILD CARE FACILITY LICENSING RULES AND REGULATIONS, Colorado Department of Early Childhood, Division of Early Learning, Licensing, and Administration. Reached on 25 August 2026 by browsing the Secretary of State's Code of Colorado Regulations from the top: numerical department list at https://www.sos.state.co.us/CCR/NumericalDeptList.do (department 1400 = Department of Early Childhood), then the agency document list at https://www.sos.state.co.us/CCR/NumericalCCRDocList.do?deptID=26&agencyID=215 (agency 1402 = Division of Early Learning, Licensing, and Administration, which publishes exactly one rule), then the rule information page at https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=3433&deptID=26&agencyID=215&deptName=Department%20of%20Early%20Childhood&agencyName=Division%20of%20Early%20Learning,%20Licensing,%20and%20Administration&seriesNum=8%20CCR%201402-1 . That page listed as "Current version," on 25 August 2026: effective 02/14/2026, Permanent Rule, adopted 12/18/2025, Colorado Register publication 01/25/2026, eDocket 2025-00560. The PDF served for that version is https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=12417&fileName=8+CCR+1402-1 (70 pages; the version identifier is recorded here for traceability, NOT as a citation to re-download — re-check the index).
The CCR banner asserts its own status on every page: "Code of Colorado Regulations — Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)," and the rule page adds: "The PDF document constitutes the official version of the rule and shall govern in all cases. The Word document is provided as an accessible alternative." Sections relied on in this entry — General Rules: 2.101 authority; 2.102 scope; 2.103 applicability; 2.104 definitions; 2.105 original application; 2.106 changes requiring a new application; 2.107 permanent license; 2.108 provisional license; 2.109 probationary license; 2.110 multiple licenses; 2.111 fees; 2.112 licensing exemptions; 2.113 civil penalties and injunctions; 2.114 overview of appeals and waivers; 2.115 hardship waivers; 2.116 stringency appeals; 2.117 materials waiver requests; 2.118 administrative review and appeal panel procedures; 2.119 civil rights; 2.120 child abuse or neglect for background and employment inquiries; 2.121 criminal record check; 2.122 fire inspections, health inspections, and zoning codes; 2.123 governing body; 2.124 reports; 2.125 reporting of licensing complaints; 2.126 reporting and investigating child abuse; 2.127 posting licensing information; 2.128 confidentiality of records; 2.129 maintenance and confidentiality of child records; 2.130 accessibility of records; 2.131 perjury; 2.132 smoking and tobacco products; 2.133 staff training; 2.134 evacuation, shelter in place, lockdown, and active shooter plans; 2.135 reuniting families after an emergency or disaster; 2.136 children with disabilities and those with access and functional needs; 2.137 continuity of operations after a disaster; 2.138 fire, natural disaster, and emergency drills.
Sections relied on — Rules Regulating Family Child Care Homes: 2.301 authority; 2.302 scope and purpose; 2.303 applicability; 2.304 definitions (101 defined terms); 2.305 requirements; 2.306 a regular family child care home; 2.307 a three (3) under eighteen (18) months family child care home; 2.308 infant/toddler family child care home; 2.309 large family child care home; 2.310 an experienced family child care provider; 2.311 requirements for personnel and residents of the home; 2.312 training; 2.313 records for equally qualified providers, qualified substitutes, and all staff members; 2.314 requirements for emergency substitutes for the primary provider; 2.315 requirements for volunteers; 2.316 statement of policies; 2.317 communication, emergency and security procedures; 2.318 administrative records and reports; 2.319 admission procedure; 2.320 children's records; 2.321 health care; 2.327 supervision; 2.335 general requirements; 2.336 indoor requirements; 2.337 outdoor requirements; 2.338 transportation. Plus 2.809, family child care home substitute qualifications, from the substitute placement agency chapter.
Effective dates taken from the document's own closing block and Editor's Notes: "Rule sections 2.100-2.138 eff. December 30, 2023"; "Entire rule new rule re-adopted from 12 CCR 2509-8 eff. 12/15/2023"; "Rules 2.300-2.338 eff. 03/16/2024"; "Rules 2.111 C, 2.500-2.537 eff. 08/30/2024"; and the 02/14/2026 amendment list, which contains no section in 2.100-2.138 or 2.300-2.338. SECOND PRIMARY SOURCE — THE PREDECESSOR RULE, WHICH IS STILL ALIVE. 12 CCR 2509-8, CHILD CARE FACILITY LICENSING, Colorado Department of Human Services, Social Services Rules (Volume 7; Child Welfare, Child Care Facilities). Reached the same way, from the numerical department list to https://www.sos.state.co.us/CCR/NumericalCCRDocList.do?deptID=9&agencyID=107 and then the rule information page at https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2827&deptID=9&agencyID=107 . Current version on 25 August 2026: effective 03/02/2026, Permanent Rule, adopted 01/09/2026, Colorado Register publication 02/10/2026, eDocket 2025-00536. Sections read: 7.701.1 introduction and scope (Foster Care, Kinship Foster Care, Residential, Day Treatment, and Child Placement Agency Licensing and Certification Act, C.R.S. §§ 26-6-901 to 26-6-923); 7.701.11 licensing exemptions; 7.701.12 civil penalties; 7.701.365 multiple licenses; the heading of 7.707 "RULES REGULATING FAMILY CHILD CARE HOMES [Repealed eff. 03/05/2026]"; 7.710.33 application and inspection for certification of foster care homes, paragraphs (E) through (M); 7.710.34(D) definition of "convicted"; and the Editor's Notes, which state "Rules 7.702, 7.707, 7.711, 7.712, 7.716, 7.717, 7.718, 7.720, 7.730 repealed eff. 03/02/2026." THIRD SOURCE — ENROLLED ACTS OF THE COLORADO GENERAL ASSEMBLY.
SENATE BILL 26-020, "Child Care Provider Licensing & Quality," 2026 Regular Session, Seventy-fifth General Assembly. Bill page: https://leg.colorado.gov/bills/SB26-020 . Status: "Became Law." Signed Act posted 06/02/2026; Final Act 05/21/2026; Senate third reading 04/01/2026 (32-3); House repassage 04/02/2026. Signed act text read in full: section 1 adding C.R.S. § 26.5-5-333; section 2 amending § 26.5-5-316(3)(a)(I) and adding (3)(a)(III)-(IV); section 3 adding § 26.5-5-310(1)(c); section 4 adding § 26.5-5-322.5 (child care licensure task force, repealed effective July 1, 2028); section 5 safety clause. HOUSE BILL 26-1259, "Department of Early Childhood Clean-Up," 2026 Regular Session. Bill page: https://leg.colorado.gov/bills/HB26-1259 . Status: "Became Law." Signed Act posted 05/05/2026; Final Act 04/24/2026; House third reading 03/13/2026 (44-18-3); Senate third reading 04/01/2026 (32-3); House concurrence and repassage 04/02/2026. Signed act read for section headers throughout and in full for section 12 (amending C.R.S. § 26.5-5-304(1)(b) and repealing (1)(f)(IV)), section 13 (amending § 26.5-5-316(4)), section 14 (amending § 19-1-103(86)), section 15 (effective date) and section 16 (safety clause).
HOUSE BILL 20-1347, "CONCERNING THE CHILD CARE LICENSURE EXEMPTION FOR FAMILY CHILD CARE HOMES." Bill page: https://leg.colorado.gov/bills/hb20-1347 . Signed Act read in full: section 1 adding C.R.S. §§ 26-6-102(14.5), (22.5) and (35.5); section 2 amending § 26-6-103(1)(i) and (3) and adding (5) and (6), including the parental-disclosure duty and the September 1, 2026 sunset later repealed by HB26-1259; section 3 safety clause. HOUSE BILL 21-1222, "CONCERNING ALIGNING LOCAL GOVERNING AUTHORITY REGULATIONS TO EXPAND OPPORTUNITIES TO ACCESS CHILD CARE IN FAMILY CHILD CARE HOMES." Bill page: https://leg.colorado.gov/bills/hb21-1222 . Signed Act read: section 1 legislative declaration; section 2 amending C.R.S. § 26-6-104.5(1), now § 26.5-5-310(1)(a)-(b); section 3 amending § 26-6-106(1)(a); section 4 effective date. SENATE BILL 20-126, "CONCERNING THE OPERATION OF A LICENSED FAMILY CHILD CARE HOME IN A COMMON INTEREST COMMUNITY." Bill page: https://leg.colorado.gov/bills/sb20-126 . Signed Act read in full: section 1 adding C.R.S. § 38-33.3-106.5(1)(k)(I)-(IV); section 2 effective date (approved July 1, 2020). FOURTH SOURCE — SECONDARY, USED ONLY WHERE THE OFFICIAL STATUTE SERVER WAS UNREACHABLE.
The Colorado General Assembly's static statute files at content.leg.colorado.gov and leg.colorado.gov/sites/default/files/images/olls/ returned HTTP 403 to every automated request on 25 August 2026, and the CCR site directs statute readers off-site to a LexisNexis portal ("Colorado Revised Statutes" nav link → http://www.lexisnexis.com/hottopics/colorado/). Where a codified statutory text was needed and no enrolled act supplied it, this entry used FindLaw's Colorado codes (codes.findlaw.com) and flagged the reliance. Specifically: C.R.S. § 26.5-5-303(7) (definition of family child care home), § 26.5-5-303(3)(a) (child care center), § 26.5-5-303(6) (exempt family child care home provider), § 26.5-5-303(16)(a) (negative licensing action), § 26.5-5-310(1)(a)-(3), and the current cross-references in § 38-33.3-106.5(1)(k). Every one of those is corroborated by, or consistent with, a primary text quoted elsewhere in this entry — § 26.5-5-303(7) by rule 2.303 and 2.304(A)(31), § 26.5-5-310(1)(b) by the enrolled text of HB21-1222, § 26.5-5-310(1)(c) by the enrolled text of SB26-020, § 26.5-5-303(16) by rule 2.304(A)(55), and § 38-33.3-106.5(1)(k) by the enrolled text of SB20-126. AGENCY PAGES — NAMED, NOT RELIED ON. https://cdec.colorado.gov/for-providers/child-care-licensing-and-administration and https://cdec.colorado.gov/professional-certifications (the latter incorporated by the rule at section 2.310(A)(1)(a)).
The host returned HTTP 403 to automated reads on the verification date; nothing from either page is asserted here as read. Two Google Drive URLs are incorporated by the rule itself for the Early Childhood Professional Credential 3.0 Worksheet, at sections 2.308(A)(3)(b)(1), 2.309(A)(3)(e) and 2.310(A)(1)(c); they are quoted as they appear in the rule and were not fetched.
Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.