Current through Register Vol. 47, No. 5, March 10, 2024
A.
Prior to recommending approval of a license, the Department shall inspect the
proposed child care facility to determine compliance with these rules and
regulations.
1. The Department shall
recommend approving a license if its inspection establishes that the proposed
child care facility complies with the requirements of these rules and
regulations.
2. Items deemed not in
compliance with the requirements of these rules and regulations shall be
corrected prior to the Department recommending approval of the license. A
written plan of correction or timetable for correction may be accepted as
temporary compliance.
B.
The Department may, upon inspection, make a recommendation to the Department of
Human Services to submit adverse action against a child care facility's license
for any violation of these rules and regulations or as otherwise provided by
law.
1. A copy of the non-compliance
inspection report(s) of the child care facility shall be forwarded by the
Department to the Department Of Human Services for review.
C. Acting under Section
25-1.5-101(1)(a)
and 25-1.5-102(1)(a),
C.R.S., the Department shall have the power and duty to close a child care
facility and forbid the gathering of people therein to protect the public
health from the cause of epidemic and communicable diseases. Immediate closure
shall be used only when the situation imperatively requires emergency action or
the operator has been guilty of deliberate and willful violation that poses an
imminent health hazard.
D. When
serious or repeated violations of these rules and regulations have been found,
the Department may abate the nuisance by seeking injunctive relief through
judicial means, as provided under Sections
16-13-308,
16-13-309,
25-1-501, et seq.,
25-1.5-102, and
25-4-1061, et seq.,
C.R.S.
E. An inspection of a child
care facility shall be performed prior to its opening and at least once every
two years thereafter or more often as determined by risk.
F. The Department, after proper
identification, shall be permitted to enter any child care facility, whether
announced or unannounced prior to the visit, during business hours and at other
times during which activity is evident to determine compliance with these rules
and regulations. The agents shall be permitted to examine documents or true
copies of documents that pertain directly to the operation of the child care
facility as it applies to compliance with these rules and
regulations.
G. Whenever an
inspection of a child care facility is made, the findings shall be recorded on
an inspection report form. Inspection remarks shall describe violation(s) that
exist(s).
1. Once the inspection report form
is finalized, a copy of the completed inspection report form shall be furnished
to the facility.
2. The completed
inspection report form is a public document that shall be made available for
public disclosure, according to law, to any person who requests it.
3. The inspection report form shall specify a
reasonable period of time for the correction of the violations found and
correction of the violations shall be accomplished within the period specified,
in accordance with the following provisions:
a. If an imminent health hazard exists, such
as but not limited to an inability to maintain the integrity of potentially
hazardous foods, sewage backup into the facility, lack of drinking water, or an
interruption of water service to the facility for more than two hours, the
facility shall immediately cease operations unless dismissal of the children
would be detrimental to their well being or unless an alternative plan for
operation has been approved by the Department. Operations shall not be resumed
until authorized by the Department.
b. All critical violations are to be
corrected as soon as possible, but in any event, by the date and time specified
by the Department.
c. All other
violations shall be corrected by the date and time agreed to or specified by
the Department but no later than 90 calendar days after the
inspection.
d. The Department may
approve a compliance schedule that extends beyond the time limits specified if
a written schedule of compliance is submitted by the operator and no health
hazard exists or will result from allowing an extended schedule for
compliance.
4. The
inspection report shall state that failure to comply with any time limits may
result in the initiation of administrative or legal regulatory action and/or a
recommendation of adverse action of licensure to the Department Of Human
Services. An opportunity for appeal of the inspection findings and time
limitation will be provided if a written request for an administrative hearing
is filed with the Department within five days following the date of receipt of
inspection. If the request for a hearing is received, a hearing shall be held
no sooner than 20 days after the operator is notified of the hearing.
5. Whenever a child care facility is
required, under the provisions of these rules and regulations to cease
operations, it shall not resume operations until a re inspection determines
that conditions responsible for the requirement to cease operations no longer
exist. Opportunity for re inspection shall be offered within a reasonable time
frame.
