SB12-138, Regulation of Child Care Centers

SB12-138

REGULATION OF CHILD CARE CENTERS BY THE DEPARTMENT OF HUMAN SERVICES

Sponsor: Sen. Lundberg

Staff Name: Stuart Rubinstein

What the Bill Does:
SB12-138 eliminates any reference in the child care statute describing quality care standards.  The bill rewrites the legislative declaration to state that the primary goal of licensing child care facilities is to contribute to a safe environment for the children.  The secondary goal of licensing child care facilities is to preserve affordability.  SB12-138 also eliminates the periodic review by the department of human services, which was previously required every five years.  In its place, SB12-138 states that a review of child care licensing facilities may be initiated by the general assembly, acting by resolution, or the governor, acting on executive order.  This review will be completed by a committee of representative persons. 

SB12-138 also states that the federal Department of Defense quality standards, as applied to the Department of Defense Quality Child Care Pilot Program, which encompasses private facilities that provide child care to military families, are in addition to the state standards.  Finally, the bill also states that federal department of defense standards shall not be substituted for standards at other child care facilities licensed by the state department.

Colorado Context:
Colorado, like the rest of the nation, is currently dealing with an increased number of children being left in child care facilities on a daily basis.  According to the National Association of Child Care Resource and Referral Agencies (“NACCRRA”) there were 2,849 child care facilities operating in Colorado in 2011.[1]  The same study places the total number of children younger than six needing child care at 246,753.[2]   As SB12-138 notes, preserving a range of affordable child care facilities is second only to maintaining safe and healthy environments at those facilities.  According to 9News, “in Colorado, the average yearly child care for an infant is about $12,000 a year, and college tuition averages to about $6,300.”[3]  Likewise, as reported by the Denver Post in 2009, “The state is the third-highest for child-care costs for 4-year-olds and ranks eighth for infant day care, at $905 a month.”[4]  It is believed that by including parents, consumers, and child care providers in the review process, the state of Colorado will best be able to best balance the financial burdens with health and safety concerns.

National Context:
On the national stage, federal law only regulates child care facilities in the broadest of terms.  According to NACCRRA, “Federal law requires that states have policies in place to protect the health and safety of children in three areas; the prevention and control of infectious diseases, building and physical premises safety, and health and safety training appropriate to the program setting.”[5]  As a result, there is no discernible pattern between the states concerning child care facilities.  NACCRRA does publish a bi-yearly report analyzing state-by-state child care licensing regulations.  The average score in 2011 was 87 out of a possible 150 points.[6]  This is an improvement from an average national score of 70 in 2007.[7]  Colorado ranks 43^rd nationally scoring 72 out of 150 possible points.[8]

Bill Provisions:

• Stipulates that review [of child care facilities] should not be initiated and conducted by the state department but instead should be done by a broader group of stakeholders at the direction of the Governor or the general assembly.
• The general assembly, acting by resolution, or the Governor, by executive order, may initiate a comprehensive review of the licensing rules and regulations for child care centers, family child care homes, and foster care homes.
  • When initiating such a review, the Governor, or general assembly shall create a committee including, but not limited to, representatives of the state department, parents, child care providers, and representatives of public health and environment to conduct the review.
  • Creates the child care cash fund.  Fines pursuant to this legislation shall be credited to the fund and used in protecting the health and safety of children and preserving affordable child care options.
  • Creates the child care resources and referral system. 
  • Creates the department of defense quality child care standards pilot program, to include child care facilities that provide for military families.  Standards for this program are to be taken as additions to state department standards.

Fiscal Impact: No fiscal note available

[1]National Association of Child Care Resource and Referral Agencies, 2011 Child Care in the State Of: Colorado, http://www.naccrra.org/randd/data/docs/CO.pdf

[2] Id.

[3] Jeffery Wolf, Study: In Colorado, Child Care Costs More Than College Tuition, 9News, http://www.9news.com/news/article/182839/188/Study-In-Colorado-child-care-costs-more-than-college-tuition-

[4] Allison Sherry, Colorado Child-Care Costs High, The Denver Post, http://www.denverpost.com/commented/ci_12597372?source=commented-

[5] National Association of Child Care Resource and Referral Agencies, State Licensing Requirements, http://www.naccrra.org/public-policy/state-child-care-licensing1

[6] We Can Do Better: 2011 Update, NACCRRA’s Ranking of State Child Care Center Regulation and Oversight,  National Association of Child Care Resource and Referral Agencies, http://www.naccrra.org/about-child-care/state-child-care-licensing/we-can-do-better-state-child-care-center-licensing

[7] Id.

[8] We Can Do Better: 2011 Update, Child Care Centers in Colorado, National Association of Child Care Resources and Referral Agencies, http://www.naccrra.org/sites/default/files/default_site_pages/2011/alabama_mississippi_0315111.pdf