Child care licensing rules and regulations are the minimum acceptable health, safety, and program requirements licensed child care providers must follow to operate legally.
The Colorado Department of Human Services (CDHS) (referred to as “the Department”) is approved, per C.R.S. § 26-6-106 (3), to:
- Consider appeals from current licensed child care providers claiming that licensing specialist applied the child care licensing rules too stringently (too strictly), improperly, or unfairly (e.g., stringency appeal); OR
- Consider requests to temporarily waive compliance with child care licensing rules, (not regulations or law), that, you, the child care license applicant or licensed provider, believe create undue hardship for you, a child and/or family, or the community (e.g., emergency, general hardship and materials waivers).
The Department cannot, however, in any circumstance, waive compliance with ANY issue addressed by federal regulations and/or the Child Care Licensing Act (C.R.S. § 26-6-101) (state statute/law). This includes CBI or FBI background checks, immunization requirements and ages of children in care.
It is NEVER acceptable to operate out of compliance with ANY child care licensing rule even if you submitted an appeal or waiver request to the Department (i.e., submitting any stringency appeal or waiver request DOES NOT grant initial approval).
You MUST maintain compliance with all child care licensing rules and regulations that pertain to the specific type of child care license for which you are currently approved unless you have received an official waiver approval notification from the Department.
If it is determined that you knowingly and willingly operate out of compliance with any licensing rule or regulation that pertains to the type of child care license for which you are currently approved, you are subject to additional citation and possible adverse action.