Appeals for Child Care Licensing

Any person who has applied for or been issued a certificate of license to operate a child care facility or child placement agency has the right to request a waiver of any rule or regulation which, in his/her opinion, works an undue hardship on the person, facility, or the community, or has been too stringently applied by a representative of the Department.

PROCESS

Appeal Panel Schedule and Deadlines
Requests for waivers must be submitted to the Department in writing within 60 calendar days of the date on which the rule allegedly was too stringently applied or created the hardship. Requests must include the name and address of the facility, its assigned license number, the citation of the rule for which a waiver is being sought, and all relevant information regarding the alleged hardship or evidence of the rule being too stringently applied. The following forms can be ordered online: Appeal form (all facilities except CPAs/FFHs/COUNTYs), Weekly Schedule of Children's Attendance Form, Appeal form for CPAs/FFHs/COUNTYs, Listing of Children in Foster Home.

The Department has been given the responsibility to designate, pursuant to the Child Care Licensing Act, the appeal panel members. The appeal panel is comprised of individuals with expertise in health, human services, education, and youth corrections. Written decisions of the appeal panel must be posted beside the child care license. The Panel meets monthly to review appeal requests and make recommendations to the Department.

Waiver requests must be submitted to:

DIVISION OF CHILD CARE APPEALS
1575 Sherman Street, 1st Floor
Denver, CO 80203-1714
or
faxed to
DIVISION OF CHILD CARE APPEALS
303-866-4453

If a child care facility or agency is aggrieved by the decision of the appeal panel, the facility or agency has a right to a formal hearing pursuant to Section 24-4-105, C.R.S., dependent upon the facility or agency petitioning the Department in writing within 30 calendar days of receipt of the written appeal decision.

HELPFUL HINTS

• Ensure that all information is written legibly or typed.
• The rule number for which a waiver is being sought should be listed on the appeal form.
• All relevant information regarding the alleged hardship or evidence of the rule being too stringently applied should be stated clearly.
• The front side of the appeal form is filled out.
• The backside of the appeal form must be signed and dated.
• Ensure your provider number is correct.
• Do not write in the margin, below the box on the bottom, or on the back of the appeal form.
• Ensure the appeal form, i.e., the front page lower half of the appeal form, is completed. If additional space to complete your appeal request is needed, please use an 8-1/2x11 sheet of white paper.
• Ensure your appeal describes the hardship this compliance would create.
• A current Report of Inspection, if completed within the last six months, should be included with your appeal.
• If you are appealing an item that needs pictures and/or diagrams, i.e., size of rooms, playground equipment, etc., make sure you put your name and provider number on the back of the documentation.
• If you are a family child care home, the child care home provider appeal weekly schedule of children's attendance form must be complete and sent in with your appeal

HELPFUL HINTS - FAMILY FOSTER HOME TRANSFER

• If this is a transfer of a foster home between child placement agencies, the following must be included.
• An appeal request submitted by the receiving agency.
• A letter from the foster family stating their reasons for wanting to transfer.
• A letter from the foster parents' current agency either supporting the move or stating why the agency does not support the transfer.
• A listing of all children in the foster home and their birth date.
• Letters from the caseworkers or county representatives for all children in the foster home.