A Bill for an Act
Page 1, Line 101Concerning regulating fees licensed child care centers may
Page 1, Line 102charge families.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill limits the amount a licensed child care center, family child care home, or substitute placement agency (child care center) may charge for a wait list fee or an application fee to $25.
A child care center shall use a wait list fee or an application fee to cover only the administrative burdens of managing a wait list or processing an application.
A child care center shall credit a deposit fee toward the family's first month of child care if the family secures a position with the child care center.
For transparency and accountability to families, a child care center shall create and publish a policy for establishing fees. Each child care center shall make the information available to families in a clear and understandable format before families apply to and enroll in the child care center. Each child care center shall display the information in a prominent and conspicuous location:
- On the child care center's website, if applicable;
- In the child care center's facility at all times during operational hours; and
- On the child care center's application.
During the department of early childhood's (department) periodic inspections, or if a complaint is filed regarding fees, the department shall review the information in the child care center's policy for establishing fees to confirm the child care center is complying with the law. If the department finds the child care center is not compliant, the child care center has 30 days after the date of inspection to comply. If the child care center does not comply within 30 days after the date of inspection, the department may take further disciplinary action.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 26.5-5-332 as follows:
Page 2, Line 326.5-5-332. Regulation of child care center fees - complaints
Page 2, Line 4- enforcement - definitions. (1) As used in this section, unless the context otherwise requires:
Page 2, Line 5(a) "Child care center" means a child care center, a family
Page 2, Line 6child care home, or a substitute placement agency licensed pursuant to this part 3.
Page 2, Line 7(b) "Child care center application fee" or "application fee"
Page 2, Line 8means a sum of money, however denominated, that is charged or
Page 2, Line 9accepted by a child care center from a prospective family in
Page 2, Line 10connection with the prospective family's submission of a child care center application.
Page 3, Line 1(c) "Child care center deposit fee" or "deposit fee" means
Page 3, Line 2a sum of money, however denominated, that is charged or
Page 3, Line 3accepted by a child care center from a family in connection with the family securing a guaranteed child care position.
Page 3, Line 4(d) "Child care center wait list fee" or "wait list fee"
Page 3, Line 5means a one-time fee charged or accepted by a child care center
Page 3, Line 6from a prospective family in connection with the prospective
Page 3, Line 7family joining a wait list for a potential child care position that is not yet available.
Page 3, Line 8(2) (a) A child care center may charge a child care center
Page 3, Line 9wait list fee to prospective families seeking a potential child
Page 3, Line 10care position that is not yet available. A child care center shall
Page 3, Line 11not charge more than twenty-five dollars per wait list transaction.
Page 3, Line 12(b) The wait list fee must be a separate fee from the other
Page 3, Line 13fees a child care center may charge. A child care center shall
Page 3, Line 14use a wait list fee to cover only the administrative burdens of managing a wait list.
Page 3, Line 15(3) (a) A child care center may charge a child care center
Page 3, Line 16application fee to prospective families who submit an application
Page 3, Line 17to the child care center seeking to secure child care services. A
Page 3, Line 18child care center shall not charge more than twenty-five dollars per application.
Page 3, Line 19(b) The application fee must be a separate fee from the
Page 3, Line 20other fees a child care center may charge. A child care center
Page 3, Line 21shall use an application fee to cover only the administrative burdens of processing an application.
Page 4, Line 1(4) A child care center may charge a child care center
Page 4, Line 2deposit fee to a family to secure a guaranteed child care
Page 4, Line 3position. The child care center shall credit the deposit fee
Page 4, Line 4toward the family's first month of child care following the acceptance of child care services.
Page 4, Line 5(5) (a) For transparency and accountability to families,
Page 4, Line 6a child care center shall create and publish a policy for establishing fees, which may include the following:
Page 4, Line 7(I) Wait list fees;
(II) Application fees;
Page 4, Line 8(III) Deposit fees;
(IV) Tuition fees;
Page 4, Line 9(V) Late pick-up fees;
(VI) Activity fees;
Page 4, Line 10(VII) Field trip fees;
(VIII) Uniform fees;
Page 4, Line 11(IX) Supply fees;
(X) Meal and snack fees;
Page 4, Line 12(XI) Registration fees;
(XII) Late payment fees; and
Page 4, Line 13(XIII) Any other fees.
Page 4, Line 14(b) (I) Each child care center shall make the information
Page 4, Line 15described in subsection (5)(a) of this section available to families
Page 4, Line 16in a clear and understandable format before families apply to and enroll in the child care center.
Page 4, Line 17(II) Each child care center shall display the information in a prominent and conspicuous location:
Page 5, Line 1(A) On the child care center's website, if applicable;
Page 5, Line 2(B) In the child care center's facility at all times during operational hours; and
Page 5, Line 3(C) On the child care center's application.
Page 5, Line 4(6) (a) During an inspection conducted pursuant to section
Page 5, Line 526.5-5-316 (1), or if a complaint regarding fees is filed with the
Page 5, Line 6department through the complaint procedures described in
Page 5, Line 7section 26.5-5-316 (1)(b)(II) or the child care resource and
Page 5, Line 8referral system created in section 26.5-5-324, the department
Page 5, Line 9shall review the information described in subsection (5)(a) of
Page 5, Line 10this section to determine whether the child care center is complying with the requirements of this section.
Page 5, Line 11(b) If the department finds the child care center is not
Page 5, Line 12compliant with this section following the inspection described
Page 5, Line 13in subsection (6)(a) of this section, the child care center has
Page 5, Line 14thirty days after the date of inspection to comply with the requirements of this section.
Page 5, Line 15(c) If the child care center does not comply with the
Page 5, Line 16requirements of this section within thirty days after the date of
Page 5, Line 17inspection described in subsection (6)(a) of this section, the
Page 5, Line 18department may take further disciplinary action pursuant to section 26.5-5-317 (2).
Page 5, Line 19(7) (a) This section does not apply to the universal
Page 5, Line 20preschool program established in part 2 of article 4 of this title
Page 5, Line 2126.5; the Colorado child care assistance program created in
Page 5, Line 22part 1 of article 4 of this title 26.5; or a head start program, as defined in section 26.5-4-103.
Page 6, Line 1(b) A child care center shall reimburse a family for a wait
Page 6, Line 2list fee or an application fee if it is later determined that the
Page 6, Line 3family qualified for the Colorado child care assistance program when the family paid the wait list fee or application fee.
Page 6, Line 4SECTION 2. Act subject to petition - effective date. This act
Page 6, Line 5takes effect January 1, 2026; except that, if a referendum petition is filed
Page 6, Line 6pursuant to section 1 (3) of article V of the state constitution against this
Page 6, Line 7act or an item, section, or part of this act within such period, then the act,
Page 6, Line 8item, section, or part will not take effect unless approved by the people
Page 6, Line 9at the general election to be held in November 2026 and, in such case,
Page 6, Line 10will take effect on the date of the official declaration of the vote thereon by the governor.