Rule-making Standards and Procedures



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Does the rule incorporate material by reference?

Does this rule repeat language found in statute?

If yes, please explain.

The program has sent this proposed rule-making package to which stakeholders?

● Child Care Center Rule Re-write committee, which includes the Early Childhood Association of Colorado, Colorado Children’s Campaign, Colorado Association for the Education of Young Children, Buell Foundation, Early Childhood Council Leadership Alliance; Red Rocks Child Care; Children’s Hospital; Colorado Association for the Education of Young Children; Colorado Department of Public Health and Environment, Colorado Department of Education, Qualistar, Montessori Associations, Denver Public Health and Environment, early childhood licensed program representatives;


● Office of Early Childhood (OEC) Sub-PAC;
● All licensed providers.
[Note: Changes to rule text are identified as follows: deletions are shown as “strikethrough”, additions are in “all caps”, and changes made between initial review and final adoption are in brackets.]
Attachments:

Regulatory Analysis

Overview of Proposed Rule

Stakeholder Comment Summary



REGULATORY ANALYSIS

(complete each question; answers may take more than the space provided)




1. List of groups impacted by this rule:

Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?
Licensed child care centers are governed by these rules and will both benefit from and bear the burden of these rules. For instance, providers may need to alter the way in which they provide policies to families and maintain documentation of staff and children’s records; they may need to revise their nutritional meal menus and restructure the day to include more physical activity for children; and, they may need to alter the ways in which they meet the social and emotional needs of children through policy or procedural changes. We do not expect any major cost or adverse impact from these revisions.
Child care professionals will benefit from the expanded qualification options proposed in this rule package.

Children in licensed child care centers will benefit from the expanded well-being and safety requirements in this rule package.



2. Describe the qualitative and quantitative impact:

How will this rule-making impact those groups listed above? How many people will be impacted? What are the short-term and long-term consequences of this rule?
There are approximately 1,350 licensed child care centers in Colorado serving 104,192 children.
In the short-term, child care centers will be able to take advantage of more flexible staff roles, child care professionals will be able to become qualified for positions through a variety of methods, and child care professionals will need to take additional trainings required by the Federal reauthorization.
In the short- and long-term, we expect children to benefit from the additional requirements around physical activity, more nutritious meals and stronger social-emotional support systems.

3. Fiscal Impact:

For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues, matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that falls within the category. If this rule-making requires one of the categories listed below to devote resources without receiving additional funding, please explain why the rule-making is required and what consultation has occurred with those who will need to devote resources.
State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits Management System (CBMS) change request costs required to implement this rule change)
None
County Fiscal Impact
None




REGULATORY ANALYSIS (continued)

Federal Fiscal Impact
Federal reauthorization now requires that licensed facilities receive inspections every twelve months. This has an impact on staffing which may shift dollars within the Child Care and Development Fund (CCDF).
Other Fiscal Impact (such as providers, local governments, etc.)
Providers should not incur any expenses due to the changes in this rule package.

4. Data Description:

List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon when developing this rule?
The Child Care Center Rules Re-write committee work product (stakeholder working group) directed all aspects of this revised rule package, including advising the Department on language and provisions.
Caring for Our Children 2014 informed the health and safety portions of the rule revisions to ensure the rules followed nationally recognized standards of care.
The 2014 Federal Child Care and Development Fund requirements for FFY 2016-2018 was used to ensure that we will be compliant with the Federal reauthorization and requirements of our federal funder, the Child Care and Development Fund (CCDF). These include improving meeting the social and emotional needs of the child in child care, improving health and safety requirements and ensuring more robust pre-licensing and pre-training requirements.

5. Alternatives to this Rule-making:

Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no action or using another alternative.
These rules are considered minimum requirements for health and safety requirements.
Requirements that were deemed as unnecessary but still desirable were added to our Child Care Quality Initiative, Colorado Shines, instead of rules, as optional for licensed child care centers to achieve higher quality ratings.



OVERVIEW OF PROPOSED RULE
Compare and/or contrast the content of the current regulation and the proposed change.


Section Numbers

Current Regulation

Proposed Change

Stakeholder Comment























7.702

Rules Regulating Child Care Centers (Less than 24-Hour Care)


Language revised in this section; change in requirements

_

Yes

X

No

7.702.2

Definitions

Language revised in this section; additional language added to existing definitions; facility types “Full Day Program” and “Part Day Program” added

X_

Yes

_

No

7.702.3

Administration

Change in requirement; language revised in this section

X

Yes

_

No

7.702.41

Statement of Policies and Procedures

Changes and additions in requirements; language revised in this section

X

Yes

_

No

7.702.43

Personnel Policies, Orientation, and Staff Development

Language revised in this section; changes and additions to requirements

X

Yes

_

No

7.702.44

Department of Defense Quality Standards Pilot Program

Section removed

_

Yes

X

No

7.702.51

General Requirements for All Personnel

Language revised in this section; changes and additions to requirements

X

Yes

_

No

7.702.52

Director Qualifications – Large Child Care Center

Additions to requirements; removal of some requirements

X

Yes

_

No

7.702.53

Director Qualifications – Small Child Care Center

Changes and additions in requirements

_

Yes

X

No

7.702.54

Qualifications for Other Staff Members

Language revised in this section; changes, additions to requirements, and removal of some requirements; additional staff positions added

X

Yes

_

No

7.702.55

Required Staff and Supervision

Language revised in this section; changes and additions in requirements

X

Yes

_

No

7.702.56

Infant Nursery Staff

Language revised in section title; language revised in this section; additions to requirements

_

Yes

X

No

7.702.57

Toddler Nursery Staff

Language revised in section title; language revised in this section; additions in requirements; removal of some requirements

_

Yes

X

No

7.702.58

Infant and Toddler Nurseries Affiliated with Public School Teen Parent Programs

Language revised in section title; language revised in this section

X

Yes

_

No

7.702.61

Admission Procedure

Language revised in this section; changes and additions to requirements

_

Yes

X

No

7.702.62

Health Care

Removal of some requirements; changes and additions in requirements; language revised in this section

X

Yes

_

No

7.702.63

Personal Hygiene

Language revised in this section

X

Yes

_

No

7.702.64

Physical Care

Language revised in this section; changes and additions to requirements; removal of some requirements

X

Yes

_

No

7.702.65

Food and Nutrition

Language revised in this section; changes and additions to requirements

X

Yes

_

No

7.702.66

Discipline

Language revised in section title; language revised in this section

_

Yes

X

No

7.702.67

Overnight Care

Language revised in this section

_

Yes

X

No

7.702.68

Activities

Removal of some requirements; changes and additions in requirements; language revised in this section

_

Yes

X

No

7.702.69

Transportation

Language revised in this section; change s and additions in requirements

X

Yes

_

No

7.702.71

General Requirements

Changes and additions in requirements

X

Yes

_

No

7.702.72

Play-Equipment and Materials

Language revised in this section; changes and additions in requirements

X

Yes

_

No

7.702.81

Building Site

Language revised in this section

_

Yes

X

No

7.702.83

Space Requirements

Language revised in this section; changes and additions to requirements

X

Yes

_

No

7.702.84

Food Preparation Area

Language revised in this section

_

Yes

X

No

7.702.85

Toilet Facilities

Language revised in this section; changes and additions to requirements

X

Yes

_

No

7.702.91

General Requirements

Additions in requirements

_

Yes

X

No

7.702.92

Fire Safety

Language revised in this section; changes in requirements

_

Yes

X

No

7.702.104

Confidentiality and Retention

Additions in requirements

_

Yes

X

No

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