Department of Early Childhood Clean-Up

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0564.01 Anna Petrini x5497 HOUSE BILL 26-1259
House Committees Senate Committees
Education Education
A BILL FOR AN ACT
CONCERNING CHANGING REQUIREM ENTS RELATED TO EARLY101
CHILDHOOD SERVICES , AND , IN CONNECTION THEREWITH ,102
CLARIFYING OR EXTENDING SPECIFIED EXISTING LICENSING103
EXEMPTIONS, UPDATING EARLY CARE AND E DUCATION104
PROVIDER REIMBURSEMENT , MODIFYING CERTAIN EXISTING105
FUNDING PROVISIONS FOR THE UNIVERSAL PRESCHOOL106
PROGRAM , CLARIFYING CERTAIN EXISTING PROGRAM107
ELIGIBILITY AND REPORTING REQUIREMENTS, AND ADJUSTING108
THE MEMBERSHIP OR DUTIES OF SPECIFIED EARLY CHILDHOOD109
ADVISORY BODIES.110
Bill Summary
(Note: This summary applies to this bill as introduced and does
SENATE
Amended 3rd Reading
April 1, 2026
SENATE
Amended 2nd Reading
March 30, 2026
HOUSE
3rd Reading Unamended
March 13, 2026
HOUSE
2nd Reading Unamended
March 12, 2026
HOUSE SPONSORSHIP
Sirota, Bacon, Boesenecker, Camacho, Carter, Duran, Froelich, Garcia, Gilchrist, Goldstein,
Joseph, Lieder, Lindsay, Lukens, McCluskie, Nguyen, Phillips, Story, Taggart, Valdez,
Willford, Zokaie
SENATE SPONSORSHIP
Marchman and Bridges, Amabile, Ball, Benavidez, Bright, Coleman, Cutter, Daugherty,
Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Kirkmeyer, Kolker, Lindstedt, Mullica, Roberts,
Snyder, Sullivan, Wallace, Weissman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
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 makes changes and clarifications in the provisions related
to the department of early childhood (department). The bill:
! Eliminates the scheduled repeal of licensing exemptions for
informal child care provided by family, friends, or
neighbors in an in-home setting;
! Updates provisions related to early care and education
provider reimbursement for services performed before final
eligibility determinations in the Colorado child care
assistance program;
! Lowers the age limit for children served by the early
childhood mental health consultation program from 8 years
old to 6 years old and adjusts that program's reporting
requirements;
! Clarifies the role of school districts and charter schools in
administering and determining certain funding priorities for
3-year-olds in the universal preschool program;
! Adds information about the sources of money appropriated
to the universal preschool program;
! Clarifies that child care facilities approved, certified, or
licensed by tribal governments are exempt from the
department's licensing rules; and
! Adjusts the membership requirements and duties of the
early childhood leadership commission and subcommittee
membership requirements for the rules advisory council.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 26.5-1-105, amend2
(2)(f) as follows:3
26.5-1-105. Powers and duties of the executive director - rules4
- rules advisory council - repeal.5
(2) (f) The executive director may create issue-specific6
subcommittees of the council that must include members A MEMBER of7
the council and may include representatives from other state agencies,8
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representatives of local and tribal agencies or other local leaders in early1
childhood and family support issues, and issue experts.2
SECTION 2. In Colorado Revised Statutes, 26.5-1-302, amend3
(1), (2) introductory portion, (2)(d) introductory portion, (2)(d)(VII),4
(2)(d)(VIII), and (4); and add (2)(b.5) and (2)(d)(IX) as follows:5
26.5-1-302. Early childhood leadership commission - created6
- mission - funding - reimbursement for expenses.7
(1) There is created in the department the early childhood8
leadership commission. The commission is a type 2 entity, as defined in9
section 24-1-105, and exercises its powers and performs its duties and10
functions under the department of early childhood. The purpose of the11
commission is to ensure and advance a comprehensive service delivery12
system for pregnant women and children from birth to eight years of age13
OLD using data to improve decision-making, alignment, and coordination14
among federally funded and state-funded services and programs for15
pregnant women and young children and their families. At a minimum,16
the comprehensive service delivery system for pregnant women and17
children and their families must include services in the areas of prenatal18
health; child health; child mental health; early care and education; and19
family support, INCLUDING SUPPORT FOR FAMILY ECONOMIC MOBILITY ;20
and parent education.21
(2) The commission consists of up to twenty-one TWENTY-TWO22
members as follows:23
(b.5) T HE COMMISSIONER OF THE BEHAVIORAL HEALTH24
ADMINISTRATION OR THE COMMISSIONER'S DESIGNEE;25
(d) No more than fourteen persons appointed by the governor26
which persons WHO collectively have the following expertise, affiliations,27
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or backgrounds:1
(VII) Members of the business community; and2
(VIII) Representatives of the local public health community; AND3
(IX) PERSONS WITH EXPERTISE IN FAMILY SUPPORTS, INCLUDING4
FAMILY ECONOMIC MOBILITY.5
(4) The governor sh all appoint th ree persons from among the6
members of the commission one representing business interests, one7
representing private, nonprofit entities, and one representing public8
entities, WHO REPRESENT A WIDE RANGE OF EXPERTISE, AFFILIATIONS, OR9
BACKGROUNDS to serve as co-chairs of the commission. The commission10
shall meet regularly at the direction of the co-chairs and as often as11
necessary to fulfill its duties. The co-chairs may appoint working groups12
and subcommittees to assist the commission in its work or to address13
specific issues. The working groups and subcommittees, at the discretion14
of the co-chairs, may consist of any combination of members of the15
commission and other persons from the community.16
SECTION 3. In Colorado Revised Statutes, 26.5-1-303, amend17
(1) introductory portion, (1)(f)(II), (1)(f)(III), (2)(a), and (2)(b); and add18
(1)(f)(IV) and (2)(c) as follows:19
26.5-1-303. Early childhood leadership commission - duties.20
(1) In addition to any other duties specified in law, the21
commission has the following duties:22
(f) To develop strategies and monitor efforts concerning:23
(II) Increasing participation in and access to child care and early24
education programs; and25
(III) Promoting family and community engagement in children's26
early education and development; AND27
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(IV) MAINTAINING A COMPREHENSIVE AND COHESIVE SYSTEM OF1
EARLY CHILDHOOD SUPPORTS ACROSS VARIOUS DOMAINS.2
(2) In fulfilling its duties, the commission shall collaborate, at a3
minimum, with:4
(a) Members of the early childhood councils established pursuant5
to section 26.5-2-203; and6
(b) Any Other boards, commissions, and councils that address7
services and supports for pregnant women and young children; AND8
(c) O THER STATE AND LOCAL AGENCIES INVOLVED IN THE9
DELIVERY OF EARLY CHILDHOOD OR HUMAN SERVICES PROGRAMS OR10
SERVICES.11
SECTION 4. In Colorado Revised Statutes, 26.5-3-603, amend12
(3)(a)(II) and (3)(a)(III) as follows:13
26.5-3-603. Social-emotional learning programs grant14
program - created - implementation partner - application - selection15
- funding - rules.16
(3) An entity that seeks grant money to implement or expand a17
social-emotional learning program must submit an application to the18
department in accordance with department rules and procedures. At a19
minimum, the application must:20
(a) Identify the social-emotional learning program curriculum that21
the entity will use, which must:22
(II) Be identified by the university of Colorado as a proven,23
evidence-based RESEARCH-BASED intervention to support healthy youth24
development; and25
(III) Have been previously implemented with success by early26
childhood program providers; in Colorado; and27
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SECTION 5. In Colorado Revised Statutes, 26.5-3-702, amend1
(2)(b) as follows:2
26.5-3-702. Early childhood mental health consultation -3
statewide program - creation - purpose - rules.4
(2) The purpose of the program is to:5
(b) Support and provide guidance and training, through visits with6
mental health consultants in the program, to families, expecting families,7
caregivers, and providers across a diversity of DIVERSE settings in8
addressing the healthy social-emotional developmental needs of children9
and families during the prenatal period through eight years of age SIX10
YEARS OLD;11
SECTION 6. In Colorado Revised Statutes, 26.5-3-703, amend12
(1) introductory portion and (1)(e) as follows:13
26.5-3-703. Model of early childhood mental health14
consultation - standards and guidelines - qualifications.15
(1) On or before July 1, 2022, The department shall design and16
develop, in consultation with the stakeholders listed in section 26.5-3-70217
(1)(b), a model of consultation for the program that includes18
qualifications for mental health consultants, job expectations, expected19
outcomes, and guidance on ratios between mental health consultants and20
the settings they support, referred to in this section as "the model". The21
model must include standards and guidelines to ensure the program is22
implemented effectively, with primary consideration given to23
evidence-based services. The standards and guidelines must include:24
(e) Guidance on the diverse settings in which and types of25
providers with whom mental health consultants in the program may work26
to meet the varied needs of children and families from prenatal through27
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eight years of age SIX YEARS OLD. The model must include provisions that1
ensure that mental health consultants in the program may work with a2
diversity DIVERSE RANGE of professionals and caregivers, including, but3
not limited to, early child care and education teachers and providers,4
elementary school teachers and administrators, home visitors, child5
welfare caseworkers, public health professionals, and health-care6
professionals, including settings providing prenatal and postpartum care.7
SECTION 7. In Colorado Revised Statutes, 26.5-3-704, amend8
(2)(d) as follows:9
26.5-3-704. Statewide professional development plan for early10
childhood mental health consultants.11
(2) The plan must include, at a minimum, training related to:12
(d) Child development through eight years of age SIX YEARS OLD;13
SECTION 8. In Colorado Revised Statutes, 26.5-3-706, amend14
(2) introductory portion as follows:15
26.5-3-706. Data collection - reporting.16
(2) Notwithstanding section 24-1-136 (11)(a)(I), the department17
shall, beginning in 2023 and continuing every two years thereafter18
THROUGH 2027, in its presentation to the joint budget committee of the19
general assembly, as well as its presentation to its committee of reference20
at the hearing held pursuant to section 2-7-203 (2)(a) of the "State21
Measurement for Accountable, Responsive, and Transparent (SMART)22
Government Act" in January 2027 J ANUARY 2028, report on the23
following issues:24
SECTION 9. In Colorado Revised Statutes, 26.5-4-106, amend25
(2)(b) as follows:26
26.5-4-106. Applications for child care assistance -27
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applications for child care employees - verification - award - not1
assignable - limitation - rules.2
(2) (b) In verifying an application received pursuant to this3
section, the county department shall confirm that the applicant meets the4
eligibility requirements for receiving public CHILD CARE assistance5
specified in section 26-2-111 (1) THIS PART 1.6
SECTION 10. In Colorado Revised Statutes, 26.5-4-111, amend7
(3)(a), (3)(b)(II), and (10) as follows:8
26.5-4-111. Services - eligibility - assistance provided - waiting9
lists - rules - exceptions from cooperating with child support10
establishment.11
(3) (a) Subject to available appropriations, Pursuant to rules12
promulgated ADOPTED for implementation of this part 1, and except as13
provided in subsection (3)(b) of this section, a county shall provide child14
care assistance for a family transitioning off the works program due to15
employment or job training without requiring the family to apply for16
low-income child care but shall redetermine the family's eligibility within17
twelve months after the transition.18
(b) A family that transitions off the works program must not be19
automatically transitioned to CCCAP pursuant to subsection (3)(a) of this20
section if either of the following conditions apply:21
(II) The family is leaving the works program due to employment22
and will be at an income level that exceeds the income eligibility limit for23
the CCCAP THE MAXIMUM FEDERAL ELIGIBILITY LEVEL OF EIGHTY-FIVE24
PERCENT OF THE STATE MEDIAN INCOME FOR A FAMILY OF THE SAME SIZE.25
(10) An early care and education provider or county may conduct26
a pre-eligibility determination for child care assistance for a family to27
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facilitate the determination process. The early care and education provider1
shall submit its pre-eligibility documentation to the county for final2
determination of eligibility for child care assistance. The early care and3
education provider or county may provide services to the family prior to4
final determination of eligibility, and the county shall reimburse a5
provider for such THE services only if the county determines the family6
is eligible for services and there is no need to place the family on a7
waiting list. If the family is found ineligible for services, the county shall8
not reimburse RECOVER MONEY PAID TO the early care and education9
provider OR FAMILY for any services provided during the period between10
its THE EARLY CARE AND EDUCATION PROVIDER 'S pre-eligibility11
determination and the county's final determination of eligibility.12
SECTION 11. In Colorado Revised Statutes, 26.5-4-204, amend13
(6) introductory portion; and add (6.5) and (7) as follows:14
26.5-4-204. Colorado universal preschool program - created15
- eligibility - workforce development plan - program funding -16
legislative declaration - rules.17
(6) To preserve the general assembly's historic commitment to18
preschool program funding, the general assembly shall appropriate FROM19
THE GENERAL FUND OR THE STATE EDUCATION FUND CREATED IN SECTION20
17 OF ARTICLE IX OF THE STATE CONSTITUTION to the department for the21
Colorado universal preschool program:22
(6.5) THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FOR THE23
PURPOSES OF SUBSECTION (6) OF THIS SECTION FROM THE STATE24
EDUCATION FUND CREATED IN SECTION 17 OF ARTICLE IX OF THE STATE25
CONSTITUTION. THE GENERAL ASSEMBLY DECLARES THAT, FOR PURPOSES26
OF SECTION 17 OF ARTICLE IX OF THE STATE CONSTITUTION , THE27
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APPROPRIATIONS REQUIRED IN SUBSECTION (6) OF THIS SECTION ARE AN1
IMPORTANT ELEMENT OF EXPANDING THE AVAILABILITY OF PRESCHOOL2
PROGRAMS AND MAY THEREFORE RECEIVE FUNDING FROM THE STATE3
EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF THE4
STATE CONSTITUTION.5
(7) E XCEPT AS REQUIRED BY A COURT -ISSUED SUBPOENA OR6
ORDER, A PRESCHOOL PROVIDER AND THE DEPARTMENT SHALL KEEP ALL7
IDENTIFYING RECORDS REGARDING CHILDREN AND ALL IDENTIFYING FACTS8
LEARNED ABOUT CHILDREN AND THEIR RELATIVES CONFIDENTIAL .9
NOTWITHSTANDING ANY PROVISION OF PART 2 OF ARTICLE 72 OF TITLE 2410
TO THE CONTRARY , THE DEPARTMENT AND THE PRESCHOOL PROVIDER11
SHALL NOT RELEASE INDIVIDUAL CHILD-LEVEL DATA THAT ALLOWS FOR12
THE IDENTIFICATION OF A SPECIFIC CHILD OR RELATIVE ; EXCEPT THAT13
INDIVIDUAL CHILD-LEVEL DATA THAT ALLOWS FOR THE IDENTIFICATION14
OF A SPECIFIC CHILD OR RELATIVE MAY BE RELEASED TO THE PERSON IN15
INTEREST, AS DEFINED IN SECTION 24-72-202.16
17
SECTION 12. In Colorado Revised Statutes, 26.5-5-304, amend18
(1)(b); and repeal (1)(f)(IV) as follows:19
26.5-5-304. Application of part - definition.20
(1) This part 3 does not apply to:21
(b) A child care facility that is approved, certified, or licensed by22
any other state agency, BY A TRIBAL GOVERNMENT DEPARTMENT OR23
AGENCY, or by a federal government department or agency, that has24
standards for operation of the facility and inspects or monitors the facility;25
(f) (IV) This subsection (1)(f) is repealed, effective September 1,26
2026.27
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SECTION 13. In Colorado Revised Statutes, 26.5-5-316, amend1
(4) as follows:2
26.5-5-316. Investigations and inspections - local authority -3
reports - rules.4
(4) Every facility licensed under PURSUANT TO this part 3 shall5
keep and maintain such records as the department may prescribe6
PRESCRIBES pertaining to the admission, progress, health, and discharge7
of children under the care of the facility, and shall report relative thereto8
ON THE RECORDS to the department whenever called for, upon forms9
prescribed by the department. EXCEPT AS REQUIRED BY A COURT-ISSUED10
SUBPOENA OR ORDER , the facility and the department shall keep all11
IDENTIFYING records regarding children and all IDENTIFYING facts learned12
about children and their relatives confidential. NOTWITHSTANDING ANY13
PROVISION OF PART 2 OF ARTICLE 72 OF TITLE 24 TO THE CONTRARY, THE14
DEPARTMENT AND THE FACILITY SHALL NOT RELEASE INDIVIDUAL15
CHILD-LEVEL DATA THAT ALLOWS FOR THE IDENTIFICATION OF A SPECIFIC16
CHILD OR RELATIVE; EXCEPT THAT INDIVIDUAL CHILD-LEVEL DATA THAT17
ALLOWS FOR THE IDENTIFICATION OF A SPECIFIC CHILD OR RELATIVE MAY18
BE RELEASED TO THE PERSON IN INTEREST , AS DEFINED IN SECTION19
24-72-202.20
SECTION 14. In Colorado Revised Statutes, 19-1-103, amend21
(86) as follows:22
19-1-103. Definitions.23
As used in this title 19 or in the specified portion of this title 19,24
unless the context otherwise requires:25
(86) (a) "Institutional abuse", as used in part 3 of article 3 of this26
title 19, means any A case of abuse, as defined in subsection (1) of this27
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section, that occurs in any A public or private facility in the state that1
provides child care out of the home, supervision, or maintenance.2
"Institutional abuse" includes an act or omission that threatens the life,3
health, or welfare of a child or a person who is younger than twenty-one4
years of age OLD who is under the continuing jurisdiction of the court5
pursuant to this title 19.6
(b) "Institutional abuse" does not include abuse that occurs in any7
A public, private, or parochial school system, including any A preschool8
operated in connection with said THE SCHOOL system; except that, to the9
extent the school system provides extended day services, abuse that10
occurs while such THE services are provided is institutional abuse.11
(c) As used in this subsection (86), "facility" means a residential12
child care facility, specialized group facility, foster care home, or any13
other facility licensed pursuant to part 9 of article 6 of title 26; family14
child care home A FACILITY licensed pursuant to part 3 of article 5 of title15
26.5; noncertified kinship care providers that provide care for children16
with an open child welfare case who are in the legal custody of a county17
department of human or social services; or a facility or community18
placement, as described in section 19-2.5-1502, for a juvenile committed19
to the custody of the department of human services. "Facility" does not20
include any AN adult detention or correctional facility.21
SECTION 15. Effective date. This act takes effect upon passage;22
except that section 26.5-4-204 (6) introductory portion, Colorado Revised23
Statutes, as amended in section 11 of this act, and section 26.5-4-20424
(6.5), Colorado Revised Statutes, as enacted in section 11 of this act, take25
effect July 1, 2027.26
SECTION 16. Safety clause. The general assembly finds,27
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determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety or for appropriations for2
the support and maintenance of the departments of the state and state3
institutions.4
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