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For information and paperwork on Childcare Licensing Appeals and Waivers, click here.

Provider Rights

   If you, as a provider, have any questions in regards to Rules and Regulations or questions that relate to a licensing visit, contact your referral coordinator and she will inform you on how to contact Laura, chairperson for the Provider Rights Committee. Laura will do the best she can on getting the correct answers and/or helping you with any concerns you may have. If your questions are related to your licensing inspection report, Laura will need a copy of your inspection report in order to help you with any complaints/concerns you may have. This will be kept confidential, unless you, the provider, approve otherwise. You will need to sign a confidentiality release form in order for your information to be shared with anyone other than yourself and Laura. Information given below is provided by our local Licensing office and initiated by PPRFCCA membership.


           A LETTER FROM LICENSING ON CHILDREN’S & PARENT’S PRIVACY

Information for all providers concerning Face Book, photos, Instagram, etc.


ACCIDENT/INJURY REPORTING


When do I report an injury or accident in my childcare? To read the most accurate information from CDHS, click on Colorado Office of Early Childhood. This link also gives you the ability to use online reporting as well as paper reports to download.  

CONTINUATION/RENEWAL PAPERWORK, ETC.   


How long does a provider have to send back their continuation paperwork after it has been received from Denver? At the top of the License Continuation Notice, there is a "Notice Date" and an "Anniversary Date". The notice date is 3 months before the anniversary date. On the License Continuation Notice it states at the top in bold lettering "Failure to submit the completed continuation notice and fee by the anniversary date will cause the Division to assess fines and/or take action to revoke the child care license". So the provider has until the anniversary date listed on the continuation notice to submit the proper fees and paperwork before fines are assessed or negative licensing action is taken.


If a provider misses that Continuation Notice date, what has to be done? It is important that the provider send this required information in on time. They have 3 months to do this, and if they are having trouble with the fee, the State might determine that the provider is not in adequate financial standing to run a Child Care Home at that time. If the deadline has passed, the provider needs to contact the Department as well as their licensing specialist, informing of when the continuation form and fee can be expected to avoid adverse licensing. By having a license, every provider has agreed to submit the annual continuation form and appropriate fee as outlined in the General Rules for Child Care Facilities, regulation 7.701.361B that states "once a permanent license has been issued, the licensee must annually submit the form prescribed by the Department, along with the appropriate annual fee." Regulation 7.701.361C states that "failure to submit the annual declaration and fee will constitute a consistent failure to maintain department standards and may result in revocation of the license."


Does the paperwork have to be postmarked by that deadline, or does DHS have to receive the paperwork by the deadline? The continuation form and fee must be received by the Department by the deadline.


Why do providers have to give copies of Drivers License, Green Cards, or Social Security Numbers to the specialist?  This is a state law. This isn’t a rule that Department of Human Services has implemented. This is a law that the state of Colorado has put into place (2006). All providers have to comply with this state law. Anyone wishing to work in the United States, (which a provider does by providing care to children for a fee), must provide proof of a US citizen and/or proof of legally being in the US. Some specialists have already asked for this proof, others are beginning to. Most specialists will ask for this when you have changed your license, or have moved. Some providers might feel discriminated against but this should not the issue. All providers, no matter what race they maybe, have to provide this proof so please have it on hand and if the specialist doesn’t ask for it, give it to him/her. This may stop problems ahead of time. Look for this state law at www.colorado.gov. In the search box, enter “Rules for Evidence of Lawful Presence”. When the page comes up, click on those same words.


Does my spouse need to renew his health evaluation yearly?  No, the spouse of a home childcare provider only needs a health evaluation at the time of original application.  The provider and providers children under 12 years of age will need to renew the health evaluation every 2 years.  Please see rule number 7.707.31 requirements for Personnel, (Rev. eff.1/1/10), and 7.707.34 (C), for employees/substitutes.


FBI Background Check Requirement: Providers, employees, spouses, children over 18 yrs of age, needing to be fingerprinted in a childcare home will be required to follow the new rule, which is Colorado Law, effective August 10, 2011. Please note that an additional fee of $22.00 is also required, bringing the cost of fingerprinting up to $39.50 (as of 8/2011). You can call Denver, 800-799-5876, for a fingerprint packet or contact your referral coordinator for information on the process.


           INSPECTIONS          


How often does a provider have an inspection? An experienced provider will have an inspection every year. If you are a provider who has had no violations on your previous inspection you will have an inspection every 2 years.  If you did have violations you will be inspected yearly. To find out when your inspection is due or how often, click on the Provider Resources page. Follow the directions listed. Once you have found your licensing history, scroll down to ‘Other Information’, you will find ‘Visit Freq Code’.


If a provider is scheduled for an inspection in, let's say August, and the specialist does not come out until October, would the following year's inspection be Aug. or Oct.?  Whatever the month is that the provider receives an inspection, regardless of the anniversary date, they can expect to receive an inspection in that same month the following year (or 2 years if they are on a two year schedule).


About Inspection Reports:  Only the violations that the specialist has written on the inspection report will show up on your daycare record. If you have appealed a violation, this inspection report will not be placed on your record until it has been resolved. If you have been placed on suspension, you will be removed from the Licensed Providers section on the Department of Human services web site. Once this situation has been resolved you will be replaced on the providers list. Please check this web site and be sure that you are on this list. Some providers have been over looked and may not be on this list. Many parents access this site to confirm you are licensed. There is a link on this website's Provider Resources page that takes you to the Denver website where you can look at your record.


Why is my whole house subject to inspection? Rule 7.707.91(D) "the entire premises are subject to inspection for licensing and safety purposes." Please read this rule to see the entire content. Ladies, no one is trying to violate or intimidate you in your home, but your whole house is subject to be looked at even if it is inaccessible to children. It’s not that the specialist doesn’t trust you. It’s their job to be sure that there isn’t anything there that isn’t supposed to be there, like extra children, drugs, etc. Yes, you may laugh but things like these happen. The specialist just takes a quick look and that’s it.


A provider has had a violation on a certain issue, the provider fixes the violation, and the specialist comes back out and accepts the repair. A new specialist comes the following year and doesn't accept what has already been accepted. What can/should the provider do?   Every provider has the right to appeal any violation they feel is too stringently applied. If the current licensing specialist feels that the provider is not in compliance, then they have a responsibility to make note of that. Directions to finding information on the appeals process can be found on this page. Click on the box near the top, at the left side.


If you don’t agree with a violation written on your inspection report, you must write on the inspection report beside the violation you don’t agree with that you are 'appealing this violation', and circle it before signing the report. This is your proof of not agreeing with the violation, and that you have discussed this with your specialist. If you don’t do this, it will be difficult for an appeal process as there is no proof that you have talked to your specialist about this and that you disagree with the violation. This report of inspection is a legal document so I urge you to sign it whether you agree with any violations noted or not. Do what is stated above and talk to your specialist, asking to see the rule/regulation that you have violated. Do this before he/she leaves. Don’t be afraid to file for an appeal if you don’t agree with something. We all interpret the rules differently. The rule may not be written clearly stating the violation you received, which could result in the violation being removed. Most importantly, stay calm.  


            CONTRACTS, PARENT ISSUES, ETC.     


Who is entitled to my private information and contract if the parents are divorced?  With regards to providing financial information, copy of contract, other information, etc., this is the response I received from our liaison at the State Department: "We require by our rules that the provider give the information to the parent/guardian who has signed the contract and admission paperwork and that all information would be kept confidential otherwise. The provider would not by our rules be required to give anyone but that parent/guardian with whom they have the contract with any payment statements, emergency forms, etc. I do not know any other laws regarding this and we cannot give the facility legal advice so they may want to contact their own attorney."


Does the provider have the right to not release a child to a parent?   As far as physically releasing that child to a parent not on the contract, a provider is required to do this unless a court document stating otherwise is present. This does not relate to a parent being under the influence of drugs or alcohol.  If you feel the parent may put their child at risk by transporting the child, it is best to call 911 for further help. Avoid getting into an altercation with any parent/guardian. Call 911 if the situation becomes unsafe for anyone involved.


            TRAINING, ETC.       


Is there any limit on how many training hours a provider can earn in a single category? Refer to Regulation 7.707.32B1 and 7.707.32B3. Reg. 7.707.32B1 states that each provider must "complete fifteen (15) clock hours of training each year. Three (3) of the fifteen (15) clock hours must be in social emotional development". Reg. 7/707.32B3 states that the fifteen (15) hours "must demonstrate a direct connection to one or more of the following core knowledge areas: Child Growth and Development, Healthy and Safe Environment, Developmentally Appropriate Practices, Guidance, Family Relationships, Cultural and Individual Diversity, Professionalism, Social Emotional Development". The only specific category a provider MUST have at least 3 hours in is Social Emotional Development, so as long as this category is fulfilled with at least 3 hours, the remaining 12 hours can be in any category.