A Bill for an Act
Page 1, Line 101Concerning regulating fees licensed child care programs
Page 1, Line 102may charge 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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 program 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 program" means a child care center, family child care home, or neighborhood youth organization.
Page 2, Line 6(b) "Child careprogram application fee" or "application
Page 2, Line 7fee" means a sum of money, however denominated, that is
Page 2, Line 8charged or accepted by a child care program from a prospective
Page 2, Line 9family in connection with the prospective family's submission of
Page 2, Line 10a child care program application.
Page 3, Line 1(c) "Child care program 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 program from a family in connection with the family securing a guaranteed child care position.
Page 3, Line 4(d) "Child care program wait list fee" or "wait list fee"
Page 3, Line 5means a one-time fee charged or accepted by a child care
Page 3, Line 6program from a prospective family in connection with the
Page 3, Line 7prospective family joining a wait list for a potential child care position that is not yet available.
Page 3, Line 8(2) (a) If a child care program establishes an application
Page 3, Line 9fee, deposit fee, or wait list fee, the fee must reflect the administrative costs of maintaining child care admissions;
Page 3, Line 10(b) If a prospective family pays a child care program a
Page 3, Line 11child care program application fee, deposit fee, or wait list fee
Page 3, Line 12and is not admitted to the child care program within six months
Page 3, Line 13after paying the fee, the fee is refundable. The prospective
Page 3, Line 14family must submit a written request to the child care program to receive a refund.
Page 3, Line 15(c) Upon receiving the written request from the
Page 3, Line 16prospective family as described in subsection (2)(a) of this
Page 3, Line 17section, the child care program shall refund the fees to the
Page 3, Line 18prospective family and may remove the prospective family from the wait list.
Page 3, Line 20(3) A child care program may charge a child care program
Page 3, Line 21deposit fee to a family to secure a guaranteed child care
Page 3, Line 22position. The child care program shall credit the deposit fee
Page 4, Line 1toward the family's tuition of child care following the acceptance of child care services.
Page 4, Line 2(4) (a) For transparency and accountability to
Page 4, Line 3prospective families, a child care program shall provide a fee
Page 4, Line 4schedule and the process on fee refunds described in subsection (2) of this section to a prospective family upon:
Page 4, Line 5(I) Joining a wait list;
(II) Registration; and
Page 4, Line 6(III) Request of the family.
Page 4, Line 7(b) For transparency and accountability to an enrolled
Page 4, Line 8family, a child care program shall provide a fee schedule and
Page 4, Line 9the process on fee refunds described in subsection (2) of this
Page 4, Line 10section to an enrolled family upon request of the enrolled family.
Page 4, Line 12(5) (a) During an inspection conducted pursuant to section
Page 4, Line 1326.5-5-316 (1), or if a complaint regarding fees is filed with the
Page 4, Line 14department through the complaint procedures described in
Page 4, Line 15section 26.5-5-316 (1)(b)(II) or the child care resource and
Page 4, Line 16referral system created in section 26.5-5-324, the department
Page 4, Line 17shall review the information described in subsection (5)(a) of
Page 4, Line 18this section to determine whether the child care program is complying with the requirements of this section.
Page 4, Line 19(b) If the department finds the child care program is not
Page 4, Line 20compliant with this section following the inspection described
Page 4, Line 21in subsection (6)(a) of this section, the child care program has
Page 4, Line 22thirty days after the date of inspection to comply with the requirements of this section.
Page 5, Line 1(c) If the child care program does not comply with the
Page 5, Line 2requirements of this section within thirty days after the date of
Page 5, Line 3inspection described in subsection (6)(a) of this section, the
Page 5, Line 4department may take further disciplinary action pursuant to section 26.5-5-317 (2).
Page 5, Line 5(6) (a) This section does not apply to the universal
Page 5, Line 6preschool program established in part 2 of article 4 of this title
Page 5, Line 726.5; the Colorado child care assistance program created in
Page 5, Line 8part 1 of article 4 of this title 26.5; or a head start program, as defined in section 26.5-4-103.
Page 5, Line 9(b) A child care program shall reimburse a family for a
Page 5, Line 10wait list fee or an application fee if it is later determined that
Page 5, Line 11the family qualified for the Colorado child care assistance program when the family paid the wait list fee or application fee.
Page 5, Line 12SECTION 2. Act subject to petition - effective date. This act
Page 5, Line 13takes effect January 1, 2026; except that, if a referendum petition is filed
Page 5, Line 14pursuant to section 1 (3) of article V of the state constitution against this
Page 5, Line 15act or an item, section, or part of this act within such period, then the act,
Page 5, Line 16item, section, or part will not take effect unless approved by the people
Page 5, Line 17at the general election to be held in November 2026 and, in such case,
Page 5, Line 18will take effect on the date of the official declaration of the vote thereon by the governor.