ARTICLE 2 PUBLIC ASSISTANCE
| Jurisdiction | Colorado |
Editor's note: This article was numbered as article 3 of chapter 119, C.R.S. 1963. The substantive provisions of this article were repealed and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1973, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
26-2-801. Short title.
26-2-802. Legislative declaration.
26-2-802.5. Definitions.
26-2-803. Provider rates - rules.
26-2-804. Funding - allocation - maintenance of effort - rules.
26-2-805. Services - eligibility - assistance provided - waiting lists - rules - exceptions from cooperating with child support establishment.
26-2-805.5. Exemptions - requirements.
26-2-806. No individual entitlement.
26-2-807. Child care provider reimbursement rate task force - creation - duties - repeal.
26-2-808. Pilot program to mitigate cliff effect for low-income families who are working and receiving child care assistance - legislative declaration - county participation - fund - grant program - report - repeal. (Repealed)
26-2-809. Colorado child care assistance program - reporting requirements.
■ 26-2-801. Short title. This part 8 shall be known and may be cited as the "Colorado Child Care Assistance Program Act".
Source: L. 97: Entire part added, p. 1217, § 1, effective June 3.
■ 26-2-802. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The state's policies in connection with the provision of child care assistance and the effective delivery of such assistance are critical to the ultimate success of any welfare reform program;
(b) Children in low-income families who receive services through a child care assistance program need and deserve the same access to a broad range of child care providers as do children in families who do not need assistance;
(c) It is critical to provide low- to moderate-income families with access to high-quality, affordable child care that fosters healthy child development and school readiness, while at the same time promotes family self-sufficiency and attachment to the workforce; and
(d) Individual counties play a vital role in administering the child care assistance program and have local knowledge of their individual community needs.
(2) Therefore, the general assembly hereby finds and declares that it is in the best interests of the state to:
(a) Adopt the Colorado child care assistance program set forth in this part 8;
(b) Adopt a consistent, statewide plan for child care provider reimbursement rates with a goal of a floor of the seventy-fifth percentile of each county's market rate to facilitate and increase access to high-quality child care for low-income families;
(c) Achieve parity across counties in the state with regard to the CCCAP program and funding allocation.
Source: L. 97: Entire part added, p. 1217, § 1, effective June 3. L. 2008: Entire section amended, p. 2176, § 1, effective June 4. L. 2014: Entire section amended, (HB 14-1317), ch. 259, p. 1030, § 1, effective May 22. L. 2018: (1)(b), (1)(c), (1)(d), and (2)(b) amended and (2)(c) added, (HB 18-1335), ch. 386, p. 2313, § 2, effective July 1.
■ 26-2-802.5. Definitions. As used in this part 8, unless the context otherwise requires:
(1) "Child care assistance program" or "CCCAP" means the Colorado child care assistance program established in this part 8.
(2) "Early care and education provider" means a school district or provider that is licensed pursuant to part 1 of article 6 of this title or that participates in the Colorado preschool program pursuant to article 28 of title 22, C.R.S.
(3) "Early childhood council" means an early childhood council established pursuant to part 1 of article 6.5 of this title.
(4) "Head start program" means a program operated by a local public or private nonprofit agency designated by the federal department of health and human services to operate a head start program under the provisions of Title V of the federal "Economic Opportunity Act of 1964", as amended.
(5) "High-quality early childhood program" means a program that is operated by a provider with a fiscal agreement through CCCAP and that is in the top three levels of the state's quality rating and improvement system, is accredited by a state department-approved accrediting body, or is an early head start or head start program that meets federal standards.
(6) "Participant" means a participant, as defined in section 26-2-703 (15), in the Colorado works program.
(7) "Provider" means a child care provider licensed pursuant to part 1 of article 6 of this title that has a fiscal agreement with the county to participate in the child care assistance program.
(8) "Regular daily provider reimbursement rate" means the base daily rate paid for child care and excludes any additional payment for absences, holidays, and other additional fees that are included in the reimbursement paid to providers.
(9) "Tiered reimbursement" means a pay structure that reflects an increased rate of reimbursement for high-quality early childhood programs that receive CCCAP moneys.
(10) "Works program" means the Colorado works program established pursuant to part 7 of this article.
Source: L. 2014: Entire section added, (HB 14-1317), ch. 259, p. 1031, § 2, effective May 22.
■ 26-2-803. Provider rates - rules. (1) The state department, in consultation with the counties, shall contract annually for a market rate study of provider rates that account for quality of care, age group, and type of care for each county as recommended by the early childhood leadership commission created in section 26-6.2-103. Notwithstanding the provisions of section 24-1-136 (11)(a)(I), copies of the study must be provided to the joint budget committee on or before January 2, 2019, and on or before each January 2 thereafter.
(2) On or before July 1, 2016, the state-established provider reimbursement rates for each county must include a system of tiered reimbursement for providers that enroll children participating in CCCAP.
(3) On or before July 1, 2016, the state board shall promulgate rules related to the structure of tiered reimbursement.
Source: L. 97: Entire part added, p. 1217, § 1, effective June 3. L. 2008: (1) repealed, p. 1910, § 114, effective August 5. L. 2014: Entire section R&RE, (HB 14-1317), ch. 259, p. 1032, § 3, effective May 22. L. 2018: Entire section R&RE, (HB 18-1335), ch. 386, p. 2311, sect; 1, effective July 1.
Editor's note: The provisions of this section as amended by House Bill 14-1317 were renumbered on revision to conform to statutory format.
■ 26-2-804. Funding - allocation - maintenance of effort - rules. (1) Starting with the 2018-19 state fiscal year, or when the rules required by subsection (2)(a) of this section are established, whichever is later, and subject to available appropriations, annually the state department shall establish the amount of each county's block grant for CCCAP. The block grant shall be based upon each county's percentage of the estimated total number of children eligible to participate in CCCAP times the appropriate reimbursement rate for each county as determined by the state required by section 26-2-803. Counties are only required to spend the state CCCAP allocation and the maintenance of effort for that allocation.
(2) (a) The amount of each county's block grant determined by subsection (1) of this section may be adjusted by the state department. The state department shall, in consultation with the counties, adopt rules regarding adjustments to the amount of a block grant, and the rules must address the following factors:
(I) The cost of living;
(II) The cost of high-quality early childhood programs;
(III) The cost of programs;
(IV) The regional market rates for CCCAP;
(V) Drastic economic changes; and
(VI) Geographic differences within a county.
(b) The state department may make an adjustment to the amount of a block grant...
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