ICPC State Pages

Colorado Criminal Background Checks/Abuse and Neglect Registry

Home Studies which Require Criminal / Perpetrator Record Checks

Colorado requires criminal background checks for the following home studies:

• Foster Care
• Relative Care
• Relative-Foster Care
• Foster-Adopt
• Adoption
• Parent

Criminal Background Screening

The following methods are used to capture fingerprints to conduct criminal records checks:

• Live Scan or other computerized technology
• Finger Print cards

Criminal background checks/screening via Live Scan or other computerized technology are offered at the following levels:

• Local
• Other, specified below

State or Local Criminal Record Checks Requirements/Process:

• Prior to full certification of a family foster home, there shall be a review and documentation in the provider record for each adult  living in the home 1) a fingerprint-based criminal history check of CBI and FBI records 2) Child abuse/neglect records check in every state where the adult has resided in the five years preceding the date of application for each adult (18 years and older) living in the home 3)The state's contracted system, colorado state courts to determine any crime for which the applicant or other residential adults was arrested or convicted and the disposition.

Applicant will not be approved if the person has committed any of the following misdemeanor or felony offenses:

• A child care facility shall not employ, or a child placement agency shall not employ or certify, an individual who has been convicted of:

  a. Child abuse, as specified in Section 18-6-401, C.R.S.

  b. A crime of violence, as defined in Section 18-1.3-406, C.R.S.

  c. Any felony offenses involving unlawful sexual behavior, as defined in Section 16-22-102(9), C.R.S.

  d. Any felony, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in Section 18-6-800.3, C.R.S.

  e. Any felony involving physical assault, battery, or a drug-related/alcohol-related offense within the five years preceding the date of application for a license or certificate;

  f. Has shown a pattern of misdemeanor convictions within the ten (10) years immediately preceding submission of the application. "Pattern of misdemeanor" shall include consideration of Section 26-6-108(2), C.R.S., regarding suspension, revocation and denial of a license, and shall be defined as:

  1) Three (3) or more convictions of 3rd degree assault as described in Section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in Section 18-6-800.3, C.R.S.; or,

  2) Five (5) misdemeanor convictions of any type, with at least two (2) convictions of 3rd degree assault as described in Section 18-3-204, C.R.S., and/or any misdemeanor, the underlying factual basis of which has been found by any court on the record to include an act of domestic violence as defined in Section 18-6-800.3, C.R.S.; or,

  3) Seven (7) misdemeanor convictions of any type.

  g. Any offense in any other state, the elements of which are substantially similar to the elements listed in a-e above; or,

  No license or certificate to operate any agency or facility shall be issued by the Department, a county department, or a licensed Child Placement Agency if the person applying for such license or certificate or an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant of the facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, should a court enter, pursuant to Part 3 or Part 4 of Article 14 of Title 15, C.R.S. or Section 27-10-109(4) or 27-10-125, C.R.S., an order specifically finding that the mental incompetency or insanity is of such degree that the applicant is incapable of operating a family child care home, foster care home, child care center, or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof.

Types of Checks (Crim. & Abuse Neglect Registry)

Colorado requires the following types of criminal background and perpetrator checks (Federal (F), State (S), Local (L), Abuse and Neglect Registry (ANR), Not Required (NR)):

	Federal	State	Local	ANR	NR
Foster Care	y	y	y	y
Relative	y	y	y	y
Relative Foster Care	y	y	y	y
Foster-Adopt	y	y	y	y
Adoption	y	y	y	y
Parent	y	y	y	y

Colorado provides Abuse and Neglect searches:

• Yes

Wait Time for Criminal Records Results

Wait time for fingerprint results are:

Live Scan or other technology

• State: Not Offered
• Local/County: 4-7 days

Manually - Fingerprint Card

• State: Not Offered
• Local/County: 31-60 days

Verification of Criminal Records Results

• Actual results/information contained in the Criminal Background
• Other, specified next

Period of Time the Checks are Valid

• Checks valid for 12 months (Abuse and neglect checks are due annually prior to recertification of the foster home/kinship care).