C.R.S. § 26-2-101 Short title
26-2-101. Short title. This article shall be known and may be cited as the "Colorado Public Assistance Act".
Public Assistance
C.R.S. tit. 26, art. 2
in effectC.R.S. § 26-2-102 Legislative declaration
26-2-102. Legislative declaration. It is the purpose of this article to promote the public health and welfare of the people of Colorado by providing, in cooperation with the federal government or independently, public assistance for needy individuals and families who are residents of the state and whose income and property are insufficient to meet the costs of necessary maintenance and services as determined by the state department and to assist such individuals and families to attain or retain their capabilities for independence, self-care, and self-support, as contemplated by article XXIV of the state constitution and the provisions of the social security act and the food stamp act. The state of Colorado and its various departments, agencies, and political subdivisions are authorized to promote and achieve these ends by any appropriate lawful means through cooperation with and utilization of available resources of the federal government and private individuals and organizations.
C.R.S. § 26-2-102.5 Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules
26-2-102.5. Foster care - Title IV-E of the social security act - Title IV-E administrative costs cash fund - rules. (1) Eligibility of a child for Title IV-E foster care shall be based on the aid to families with dependent children (AFDC) rules in effect on July 16, 1996.
(2) Such child must meet all of the following conditions:
(a) The placement and care of such child are the responsibility of the state department of human services or a county department of human or social services;
(b) Such child has been placed in a foster home or child care institution as a result of a judicial determination or voluntary placement agreement;
(c) Such child:
(I) Would have received aid in or for the month in which such agreement or court proceedings resulting in such judicial determination were initiated; or
(II) Would have received the aid described in subparagraph (I) of this paragraph (c) if application had been made therefor; or
(III) Had been living with a relative within the six months prior to the month in which such agreement or court proceedings resulting in such judicial determination were initiated, and such child would have received the aid described in subparagraph (I) of this paragraph (c) if in such month he or she had been living with such relative and application therefor had been made.
(3) (a) The state department shall pursue claiming Title IV-E administrative costs for independent legal representation by an attorney for a child who is a candidate for Title IV-E foster care or who is in foster care and the child's parent to prepare for and participate in all stages of foster care legal proceedings. Federal reimbursement for these administrative costs must be credited to the Title IV-E administrative cost cash fund, created in subsection (3)(b) of this section.
(b) (I) The Title IV-E administrative cost cash fund, referred to in this subsection (3) as the "fund", is hereby created in the state treasury. The fund consists of federal Title IV-E reimbursements for administrative costs described in subsection (3)(a) of this section.
(II) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(III) Subject to annual appropriation by the general assembly, the state department may expend money from the fund for purposes established by rule of the state board. The state board shall work collaboratively with the state department concerning the approved purposes and allocation of money from the fund. Approved purposes may include but are not limited to advocacy for homeless and at-risk youth, education advocacy, and activities and advocacy in specialty courts that serve children and families involved in the child welfare system.
(IV) The state department shall submit as part of the annual budget process a request for spending authority for money credited to the fund. The request must include a description of the purpose for the spending authority, the method through which the allocation was determined, and the agencies to which the allocations are to be made.
(V) Federal reimbursements related to administrative costs of independent legal representation incurred by the office of the child's representative and the office of respondent parents' counsel must be disbursed from the fund to the agencies as incurred and pursuant to the state department's memorandum of understanding with the agencies.
C.R.S. § 26-2-103 Definitions
26-2-103. Definitions. As used in this article 2 and article 1 of this title 26, unless the context otherwise requires:
(1) "Activities of daily living" means the basic self-care activities, including eating, bathing, dressing, transferring from bed to chair, bowel and bladder control, and independent ambulation.
(1.3) "Applicant" means any individual or family who individually or through a designated representative or someone acting responsibly for the individual or family has applied for benefits under the programs of public assistance administered or supervised by the state department pursuant to this article 2.
(1.5) Repealed.
(2) "Assistance payments" means financial assistance (other than medical assistance covered by the "Colorado Medical Assistance Act") provided pursuant to rules and regulations adopted by the state department and includes pensions, grants, and other money payments to or on behalf of recipients.
(3) "Blind" means any individual who has not more than ten percent visual acuity in the better eye with correction, or not more than 20/200 central visual acuity in the better eye with correction, or a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.
(4) "Dependent child" means:
(a) A needy child under the age of eighteen who has been deprived of parental support or care by reason of the death, the continued absence from the home, the physical or mental incapacity, or the unemployment of a parent, as determined under standards prescribed by the state department through rules and regulations, and who is living with a person related to such child within the fifth degree in a place of residence maintained by one or more of such relatives as his, her, or their own home, and whose relatives or other person liable under the law for the child's support are not able to provide adequate care and support of such child without assistance payments under a program for aid to families with dependent children; or
(b) A needy child who would meet the requirements of paragraph (a) of this subsection (4) except for his removal from a home of a relative specified in said paragraph (a) by a judicial determination that continued residence in such home would be contrary to the best interests of such child, when all of the following conditions are present:
(I) The placement and care of such child are the responsibility of the state department or a county department;
(II) Such child has been placed in a foster care home or child care institution as a result of such judicial determination;
(III) Assistance payments for such child were received under this article in or for the month in which court proceedings leading to such determination were initiated, or such payments would have been received for such month if application had been made therefor, or, in the case of a child who had been living with a relative specified in paragraph (a) of this subsection (4) within six months prior to the month in which such proceedings were initiated, such payments would have been received in or for such month if in such month he had been living with and removed from the home of such relative and application had been made therefor; or
d been made therefor, or, in the case of a child who had been living with a relative specified in paragraph (a) of this subsection (4) within six months prior to the month in which such proceedings were initiated, such payments would have been received in or for such month if in such month he had been living with and removed from the home of such relative and application had been made therefor; or
(c) A person otherwise meeting the requirements of paragraph (a) of this subsection (4) who is under the age of nineteen years and a full-time student in regular attendance at a secondary school or enrolled in an equivalent level of vocational or technical training designed to train him for gainful employment and who is reasonably expected to complete the program of such secondary school or such technical or vocational training before reaching the age of nineteen.
(5) "Essential person" means a person who resides with a recipient of assistance payments under a program for aid to the blind or aid to the needy disabled and, pursuant to rules and regulations adopted by the state department, is determined to be rendering a service to the recipient which, if the recipient were living alone, would have to be provided for him.
(5.3) "Instrumental activities of daily living" means home management and independent living activities such as cooking, cleaning, using a telephone, shopping, doing laundry, providing transportation, and managing money.
(5.5) (Deleted by amendment, L. 97, p. 1230, § 14, effective July 1, 1997.)
(5.7) "Legal immigrant" means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the immigration and naturalization service, or any successor agency, as an actual or prospective permanent resident or whose extended physical presence in the United States is known to and allowed by the immigration and naturalization service, or any successor agency.
(6) (Deleted by amendment, L. 2006, p. 1504, § 47, effective June 1, 2006.)
(7) "Public assistance" means assistance payments, food stamps, and social services provided to or on behalf of eligible recipients through programs administered or supervised by the state department, either in cooperation with the federal government or independently without federal aid, pursuant to this article 2. Public assistance includes programs for old age pensions, except for the old age pension health and medical care program, and also includes the Colorado works program, aid to the needy disabled, aid to the blind, child welfare services, food stamps supplementation to households not receiving public assistance found eligible for food stamps under rules adopted by the state board, expenses of treatment to prevent blindness or restore eyesight as defined in section 26-2-121, and funeral and final disposition expenses as described in section 26-2-129.
(7.5) "Qualified alien" shall have the meaning ascribed to that term in section 431 (b) of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, as amended.
(8) "Recipient" means any individual or family who is receiving or has received benefits from the programs of public assistance administered or supervised by the state department pursuant to the provisions of this article.
(9) "Resident" means any individual who is living, other than temporarily, within the state of Colorado, or a particular county therein, voluntarily and with the intention of making his home there. "Resident" includes any unemancipated child whose parents, or other person entitled to custody, live within such state or county. Temporary absences from such state or county shall not cause an individual to lose his status as a resident if he has an intent to return and has not abandoned his residence.
(10) "Social security act" means the federal "Social Security Act" and amendments thereto.
re. "Resident" includes any unemancipated child whose parents, or other person entitled to custody, live within such state or county. Temporary absences from such state or county shall not cause an individual to lose his status as a resident if he has an intent to return and has not abandoned his residence.
(10) "Social security act" means the federal "Social Security Act" and amendments thereto.
(11) (a) "Social services" means services and payments for services available, directly or indirectly, through the staff of the state department of human services and county departments of human or social services or through state designated agencies, where applicable, for the benefit of eligible persons. The services are provided pursuant to rules adopted by the state board. "Social services" may include day care, homemaker services, foster care, and other services to individuals or families for the purpose of attaining or retaining capabilities for maximum self-care, self-support, and personal independence and services to families or members of families for the purpose of preserving, rehabilitating, reuniting, or strengthening the family. At such time as Title XX of the social security act becomes effective with respect to federal reimbursements, "social services" may include child care services, protective services for children and adults, services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services, and appropriate combinations of services designed to meet the special needs of children, persons who are elderly, persons with intellectual and developmental disabilities, persons who are blind, persons with behavioral or mental health disorders, persons with a physical disability, and persons with substance use disorders.
(b) [Editor's note: This version of subsection (11)(b) is effective until July 1, 2025.] "Social services" does not include medicaid services unless those services are delegated to the state department. "Social services" does not include medical services covered by the old age pension health and medical care program, the children's basic health plan, or the Colorado indigent care program. "Social services" does not include child care assistance provided through the Colorado child care assistance program pursuant to part 1 of article 4 of title 26.5.
(b) [Editor's note: This version of subsection (11)(b) is effective July 1, 2025.] "Social services" does not include medicaid services unless those services are delegated to the state department. "Social services" does not include medical services covered by the old age pension health and medical care program, or the children's basic health plan. "Social services" does not include child care assistance provided through the Colorado child care assistance program pursuant to part 1 of article 4 of title 26.5.
(12) and (13) Repealed.
(14) (a) "Total disability", for the purpose of providing public assistance to persons not receiving federal financial benefits pursuant to Title XVI of the social security act, means a physical or mental impairment which is disabling and which, because of other factors such as age, training, experience, and social setting, substantially precludes the person having such disability from engaging in a useful occupation as a homemaker or as a wage earner in any employment which exists in the community for which he has competence.
(b) For the purpose of the state-funded supplement to persons receiving federal financial benefits pursuant to Title XVI of the social security act, federal definitions promulgated pursuant to the said Title XVI shall apply.
C.R.S. § 26-2-104 Public assistance programs - automatic enrollment - electronic benefits transfer service - joint reports with department of revenue - signs - rules - definitions
26-2-104. Public assistance programs - automatic enrollment - electronic benefits transfer service - joint reports with department of revenue - signs - rules - definitions. (1) (a) The state department is hereby designated as the single state agency to administer or supervise the administration of public assistance programs in this state in cooperation with the federal government pursuant to the social security act and this article. The state department shall establish public assistance programs consisting of assistance payments and social services to be made available to eligible individuals, including but not limited to old age pensions, the Colorado works program, aid to the needy disabled, and aid to the blind.
(b) The state department may review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time to determine the propriety of the action or failure to take timely action on an application for public assistance. The state department shall make such additional investigation as it deems necessary and shall, after giving the county department an opportunity to rebut any findings or conclusions of the state department that the action or delay in taking action was a violation of or contrary to state department rules, make such decision as to the granting of assistance payments and the amount thereof as in its opinion is justifiable pursuant to the provisions of this article and the rules of the state department. Applicants or recipients affected by such decisions of the state department, upon request, shall be given reasonable notice and opportunity for a fair hearing by the state department.
(c) (I) Notwithstanding any other provision of law, a state, local, or tribal government may use any data or information in its possession to automatically enroll, or send a notice of potential eligibility to enroll to, any individual or household regarding any benefit program.
(II) Notwithstanding any other provision of law, a state, local, or tribal government may request an individual or household attest to receiving support from a benefit program or otherwise provide proof of the individual's or household's enrollment in any benefit program with the same or more restrictive enrollment requirements as evidence to enroll an individual or household in any other benefit program.
(III) For the purposes of this subsection (1)(c), unless the context otherwise requires:
(A) "Benefit program" means any federally, state, or locally funded program intended to provide assistance or support to an individual or household. "Benefit program" does not include monetary assistance or support that is claimed by an individual or household when filing an income tax return.
(B) "State, local, or tribal government" means the state, a municipality, county, city and county, or federally recognized tribal nation with land inside of the state.
nded program intended to provide assistance or support to an individual or household. "Benefit program" does not include monetary assistance or support that is claimed by an individual or household when filing an income tax return.
(B) "State, local, or tribal government" means the state, a municipality, county, city and county, or federally recognized tribal nation with land inside of the state.
(2) (a) (I) The state department is authorized to implement an electronic benefits transfer service for administering the delivery of public assistance payments and food stamps to recipients. The electronic benefits transfer service shall be designed to allow clients access to cash benefits through automated teller machines or similar electronic technology. The electronic benefits transfer service allows clients eligible for food stamps access to food items through the use of point-of-sale terminals at retail outlets.
(II) Only those businesses that offer products or services related to the purpose of the public assistance benefits are allowed to participate in the electronic benefits transfer service through the use of point-of-sale terminals. Clients shall not be allowed to access cash benefits through the electronic benefits transfer service from automated teller machines in this state located in:
(A) Licensed gaming establishments as defined in section 44-30-103 (18), in-state simulcast facilities as defined in section 44-32-102 (11), tracks for racing as defined in section 44-32-102 (24), or commercial bingo facilities as defined in section 24-21-602 (11);
(B) Stores or establishments in which the principal business is the sale of firearms;
(C) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44; except that the prohibition in this subsection (2)(a)(II)(C) does not apply to establishments licensed as liquor-licensed drugstores under section 44-3-410;
(D) Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015; or
(E) Establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015.
(II.5) As soon as possible after May 1, 2015, the state department shall notify the establishments described in sub-subparagraphs (D) and (E) of subparagraph (II) of this paragraph (a) of the prohibition contained in those sub-subparagraphs.
(III) In the development and implementation of the service, the state department shall consult with representatives of those persons, agencies, and organizations that will use or be affected by the electronic benefits transfer service, including program clients, to assure that the service is as workable, effective, and efficient as possible. The electronic benefits transfer service is applicable to the public assistance programs described in subsection (1) of this section and to food stamps as described in part 3 of this article 2. The state department shall contract in accordance with state purchasing requirements with any entity for the development and administration of the electronic benefits transfer service. In order to ensure the integrity of the electronic benefits transfer service, the system developed pursuant to this section must use, but is not limited to, security measures such as individual personal identification numbers, photo identification, or fingerprint identification. The security method or methods selected must be those that are most efficient and effective
c benefits transfer service. In order to ensure the integrity of the electronic benefits transfer service, the system developed pursuant to this section must use, but is not limited to, security measures such as individual personal identification numbers, photo identification, or fingerprint identification. The security method or methods selected must be those that are most efficient and effective. The state board shall establish by rule a policy and procedure to limit losses to a client after the client reports that the electronic benefits transfer card or benefits have been lost or stolen. The state department may authorize county departments of human or social services to charge a fee to a client to cover the costs related to issuing a replacement electronic benefits transfer card.
(IV) When the owner of an automated teller machine located in an establishment described in subparagraph (II) of this paragraph (a) moves the machine to a location not so described, the owner shall reprogram the machine to allow public assistance recipients to access the machine.
(b) The state board is authorized to promulgate rules necessary to implement and administer the electronic benefits transfer service created in this subsection (2). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
(c) The state department is authorized to request federal waivers as necessary to administer the electronic benefits transfer service.
(d) to (f) Repealed.
(g) On or before January 1, 2016, the state department shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., to enforce the prohibition of clients accessing benefits at an automated teller machine located in an establishment described in paragraph (a) of this subsection (2) or any other establishment in which a client is prohibited from accessing benefits by federal law. The rules must include increasing penalties for multiple violations.
(h) (I) On or before January 1, 2016, the department of revenue shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, that relate to a client's use of automated teller machines at locations where the use is prohibited. The rules must apply to the following establishments:
(A) Licensed gaming establishments as defined in section 44-30-103 (18); in-state simulcast facilities as defined in section 44-32-102 (11); and tracks for racing as defined in section 44-32-102 (24);
(B) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44, excluding establishments licensed as liquor-licensed drugstores under section 44-3-410;
(C) Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; and
(D) Any other establishments regulated by the department of revenue at which a client is prohibited from accessing public benefits pursuant to federal law.
(II) The rules adopted pursuant to subparagraph (I) of this paragraph (h) must include:
(A) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located post a sign on or near the automated teller machine notifying clients that this section prohibits the use of an electronic benefits service transfer card at the machine. The sign must contain the following statement:
The use of an electronic benefits transfer service ("EBT") card to access public benefits at this machine is prohibited by Colorado law, section 26-2-104, Colorado Revised Statutes.
(B) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located take measures to prevent a client from using an electronic benefits transfer service card to access moneys from such an automated teller machine;
fits at this machine is prohibited by Colorado law, section 26-2-104, Colorado Revised Statutes.
(B) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located take measures to prevent a client from using an electronic benefits transfer service card to access moneys from such an automated teller machine;
(C) Methods to enforce the requirement of sub-subparagraph (B) of this subparagraph (II) against the operator of the establishment including increasing penalties for multiple violations; and
(D) A provision that any establishment described in subparagraph (I) of this paragraph (h) is exempt from the requirements of the rules adopted pursuant to sub-subparagraphs (A) to (C) of this subparagraph (II) if the establishment provides to the department of revenue a statement from the owner or operator of each automated teller machine located within the establishment verifying that the machine does not accept electronic benefits transfer service cards; except that, if one or more violations of subparagraph (II) of paragraph (a) of this subsection (2) occur at any such establishment, the department of revenue may take measures to prevent future violations, including increasing penalties for multiple violations, not to exceed one hundred dollars per violation.
C.R.S. § 26-2-105 Federal requirements
26-2-105. Federal requirements. Nothing in this article shall be construed to prevent the state department from complying with federal requirements for public assistance programs expressly provided by law in order for the state of Colorado to qualify for federal funds under the social security act and to maintain said programs within the limits of available appropriations.
C.R.S. § 26-2-106 Applications for public assistance
26-2-106. Applications for public assistance. (1) Any individual wishing to make application for any of the public assistance programs administered or supervised by the state department under this article shall have the opportunity to do so, and, except as otherwise provided in part 7 of this article, such public assistance shall be furnished with reasonable promptness to each eligible individual in accordance with rules of the state department. The county department shall consider an application for public assistance to be for any category of public assistance for which the applicant may be eligible.
(1.5) All applications for public assistance shall contain the citizenship of the applicant, the number of years the applicant has resided in the United States, and, if the applicant is an alien, the name and the social security number or federal tax number of the person, or persons or organization, if any, who sponsored the applicant's entry into the United States.
(2) The rules of the state department may provide for a simplified application in order that public assistance may be furnished to eligible persons as soon as possible and shall provide adequate safeguards and controls to insure that only eligible persons receive public assistance under this article.
(3) Applications and requests for public assistance under this article shall be made to the county department of the county or the state designated agency, where applicable, for the county in which the applicant is a resident. The state department by its rules shall prescribe the form and procedure for applications or requests for social services. The application for assistance payments shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department, shall contain the name, age, and residence of the applicant, the category or type of assistance payments sought, a statement of the amount of property, both real and personal, in which the applicant has an interest and of all income which he or she may have at the time of the filing of the application, and such other information as may be required by rules of the state department, and shall be verified by the signature of the applicant or his or her legally appointed guardian. In addition, an applicant who is eighteen years of age or older shall be required to supply a form of personal photographic identification either by providing a valid Colorado driver's license or a valid identification card issued by the department of revenue pursuant to section 42-2-302, C.R.S. The state department may adopt rules that exempt applicants from the requirement of supplying a form of personal photographic identification if such requirement causes an unreasonable hardship or if such requirement is in conflict with federal law. The state department shall also adopt rules that allow for assistance to be provided on an emergency basis until the applicant is able to obtain or to qualify for a driver's license or identification card; however, a county department is not required to recover emergency assistance from an applicant who fails, upon recertification, to meet the photographic identification requirement.
(4) (a) (Deleted by amendment, L. 97, p. 1230, § 16, effective July 1, 1997.)
(b) If the public assistance sought is aid to the needy disabled or aid to the blind, the application shall be signed by the applicant and his natural guardian or legally appointed guardian, if any.
(5) For the purpose of providing public assistance to persons not receiving federal financial benefits pursuant to Title XVI of the social security act:
L. 97, p. 1230, § 16, effective July 1, 1997.)
(b) If the public assistance sought is aid to the needy disabled or aid to the blind, the application shall be signed by the applicant and his natural guardian or legally appointed guardian, if any.
(5) For the purpose of providing public assistance to persons not receiving federal financial benefits pursuant to Title XVI of the social security act:
(a) No application for aid to the blind shall be approved until the applicant has been examined by an ophthalmologist duly licensed to practice in this state and actively engaged in the treatment of diseases of the human eye or by an optometrist duly licensed to practice in this state. The examining ophthalmologist or optometrist shall certify in writing upon forms prescribed by the state department as to diagnosis, prognosis, and visual acuity of the applicant.
(b) Determination of blindness shall be made by the county department in accordance with the provisions of section 26-2-103 (3) and state department rules and regulations.
(c) The county department shall fix the fees to be paid for examination of applicants for and reexamination of recipients of aid to the blind. Such fees shall be allowed and paid to the vendor in the same manner as assistance payments under the program for aid to the blind, pursuant to the rules and regulations of the state department. Payments to such vendors shall be subject to reimbursement by the state in the same manner as said assistance payments for aid to the blind.
(6) (a) An application for aid to the needy disabled must not be approved until the applicant's medical condition has been certified by a physician licensed to practice medicine in this state, a physician assistant licensed in this state, or an advanced practice registered nurse licensed in this state. In addition to a physician, an applicant may be examined by a physician assistant licensed in this state, an advanced practice registered nurse, a registered nurse licensed in this state who is functioning within the scope of the nurse's license and training, a licensed psychologist, or any other licensed health-care personnel the state department deems appropriate. The person who conducted the examination shall certify in writing upon forms prescribed by the state department as to the diagnosis, prognosis, and other relevant medical or mental factors relating to the applicant's disability. An applicant who is disabled as a result of a primary diagnosis of an alcohol use disorder or a substance use disorder related to controlled substances must not be approved for aid to the needy disabled except as provided in section 26-2-111 (4)(e).
(b) Determination of the existence of total disability shall be made by the county department after consideration of the factors under the provisions of section 26-2-103 (14) and on the basis of the medical examination or from medical and social data collected and verified by the county departments under the rules and regulations of the state department.
(c) The county department shall fix the fees to be paid to competent medical personnel for examination of applicants for and reexamination of recipients of aid to the needy disabled and for special medical examinations when deemed necessary by the state department pursuant to rules and regulations of the state department. Such fees shall be allowed and paid to the medical vendor in the same manner as assistance payments under the program for aid to the needy disabled, pursuant to the rules and regulations of the state department. Payments to such vendors shall be subject to reimbursement by the state in the same manner as said assistance payments for aid to the needy disabled.
C.R.S. § 26-2-107 Verification - record
26-2-107. Verification - record. (1) (a) (I) Whenever a county department receives an application for public assistance, it shall promptly make a record concerning the circumstances of the applicant to verify the facts supporting the application and shall examine all pertinent records and shall make a diligent effort to examine all records prior to granting assistance. The records include the following:
(A) Records of the division of unemployment insurance, including unemployment compensation records;
(B) School attendance records;
(C) Vital statistics records;
(D) Records of the department of revenue.
(II) The county department shall also verify such other information as may be required by the rules and regulations of the state department.
(b) If such information is reasonably available, the verification shall be completed prior to approval of any assistance or for continuation of assistance. The provisions of this paragraph (b) shall not apply to those persons receiving old age pensions, aid to the needy disabled, or aid to the blind during the period for which such assistance is continued.
(c) Within ten working days after a discrepancy relating to a fraudulent or suspected fraudulent act affecting eligibility is discovered, it shall be referred to the appropriate investigatory agency for investigation. The investigatory agency shall take action within thirty days following receipt of the information from the county department.
(2) The county department, the state department, and the officers and authorized employees of each may conduct visits to the home of the applicant at reasonable times, make investigations and require the attendance and testimony of witnesses and the production of books, records, and papers by subpoena, and make application to the district court to compel and enforce such attendance and testimony of witnesses and the production of such books, records, and papers. Officers and employees designated by the county department or the state department may administer oaths and affirmations.
C.R.S. § 26-2-108 Granting of assistance payments and social services - rules
26-2-108. Granting of assistance payments and social services - rules. (1) (a) Upon completion of the verification and record of each application for assistance payments, the county department, pursuant to the rules of the state department, shall determine whether the applicant is eligible for assistance payments, the amount of such assistance payments to be granted, and the date upon which such assistance payments shall begin.
(b) (I) In determining the amount of assistance payments to be granted, due account shall be taken of any income or property available to the applicant and any support, either in cash or in kind, that the applicant may receive from other sources, pursuant to rules of the state department. Effective July 1, 2000, through December 31, 2016, a county may pay families that are eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), an amount that is equal to the state and county share of child support collections as described in section 26-13-108 (1). Such payments shall not be considered income for the purpose of grant calculation. However, such income shall be considered income for purposes of determining eligibility. If a county chooses to pay child support collections directly to a family that is eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), the county shall report such payments to the state department for the month in which they occur and indicate the choice of this option in its performance contract for Colorado works. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant.
(II) (A) Effective January 1, 2017, and upon the state department's notification to counties that the relevant human services case management systems, including the automated child support enforcement system and the Colorado benefits management system, are capable of directly and efficiently managing the distribution process for the child support pass-through, a county shall pay families that are eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), an amount that is equal to the amount of current child support collections as described in section 26-13-108 (1). Such payments shall not be considered income for purposes of calculating a recipient's basic cash assistance grant pursuant to part 7 of this article. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility. The county shall report the amount of the child support payments to the state department for the month in which they occur. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant.
ort payments to the state department for the month in which they occur. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant.
(B) The general assembly may annually appropriate money to the state department in a separate line item to reimburse the counties for fifty percent of child support collections and the federal government for its share of child support collections that are passed through to temporary assistance for needy families (TANF) recipients pursuant to this subsection (1)(b)(II). The state department shall allocate and distribute the money to the counties. Notwithstanding the provisions of this subsection (1)(b)(II)(B) to the contrary, in any state fiscal year in which the general assembly does not appropriate an amount of money that is at least ninety percent of the total county share of collections passed through to the custodial party after the full federal share is paid pursuant to the provisions of this subsection (1)(b)(II)(B) for the prior fiscal year, the state department shall make all necessary changes to the relevant human services automated systems so that child support payments are not passed through to temporary assistance for needy families (TANF) recipients and a county is not required to, but may, implement the child support pass-through to TANF recipients. The total county share of collections passed through to the custodial party after the full federal share is paid for the fiscal year is determined as of the following December 1, as verified by the state department. If a county elects to implement a child support pass-through in a fiscal year in which no money is appropriated, the county must utilize its own resources and the state automated systems are not required to support the county's implementation.
(c) When the eligibility, amount, and date for beginning assistance payments have been established, the county department shall make an award to or on behalf of the applicant in accordance with rules of the state department, which award shall be binding upon the county and shall be complied with by the county until it is modified or vacated.
(d) (I) Except as provided in subparagraph (II) of this paragraph (d) and part 7 of this article, assistance payments under public assistance programs shall be paid at least monthly to or on behalf of the applicant upon order of the county department from funds appropriated to the county department for this purpose and pursuant to the rules of the state department.
(II) Assistance in the form of aid to the needy disabled for persons who are disabled as a result of a primary diagnosis of an alcohol use disorder or a substance use disorder related to controlled substances must be paid on the person's behalf to the substance use disorder treatment program in which the person is participating as required pursuant to section 26-2-111 (4)(e)(I) or to the person directly upon the person providing the documentation required pursuant to section 26-2-111 (4)(e)(II).
(e) The county department shall at once notify the applicant and the state department, in writing, of its decisions on assistance payments and the reasons therefor.
(2) The state department, by its rules, shall prescribe procedures for handling applications or requests for social services. Such rules may include, but need not be limited to, the determination of eligibility for social services, the services to be provided, the verification and record, and notice to applicants and the state department.
(3) Repealed.
C.R.S. § 26-2-109 Right to own certain property
26-2-109. Right to own certain property. (1) No person otherwise qualified to receive public assistance shall be denied public assistance by reason of the fact that he is the owner of real estate occupied by him as a residence.
(2) No person otherwise qualified shall be denied public assistance by reason of the fact that he is the owner of personal property which is exempt by the laws of Colorado from execution or attachment.
(3) (a) The state department, by its rules and regulations, may establish limitations on the value of real and personal property and other resources, not included in subsections (1) and (2) of this section, which may be available to an applicant or recipient without affecting his eligibility for public assistance.
(b) For public assistance purposes, the value of residential or other real property shall be equal to the actual value of the property, as determined by the county assessor pursuant to article 1 of title 39, C.R.S.
C.R.S. § 26-2-110 Repayment not required
26-2-110. Repayment not required. No person shall be required, in order to receive public assistance, to repay or promise to repay the state of Colorado any money properly paid to him or her as public assistance pursuant to the provisions of this article and the rules of the state department; except that the state may recoup interim assistance authorized under section 26-2-206, concerning blind and disabled individuals.
C.R.S. § 26-2-111 Eligibility for public assistance - rules
26-2-111. Eligibility for public assistance - rules. (1) No person shall be granted public assistance in the form of assistance payments under this article unless such person meets all of the following requirements:
(a) The person is a resident of the state of Colorado or, if a dependent child, the parent or other relatives with whom said child is living is a resident of the state of Colorado or the person is a legal immigrant who would be otherwise eligible in all respects except for citizenship;
(b) The person has insufficient income, property, or other resources to meet his or her needs as determined pursuant to rules and regulations of the state department; except that resource eligibility for the program of aid to the needy disabled shall be as specified in paragraph (d) of subsection (4) of this section, resource eligibility for the program of aid to the blind shall be as specified in subparagraph (III) of paragraph (a) of subsection (5) of this section, and resource eligibility requirements for the old age pension program shall be as specified in paragraph (a) of subsection (2) of this section;
(c) (I) The person has not made a voluntary assignment or transfer of property without fair and valuable consideration for the purpose of rendering himself or herself eligible for public assistance under this article at any time within thirty-six months immediately prior to the filing of application for such assistance pursuant to the provisions of this article; or, in the case of a person already receiving public assistance under this article, the person has not made any such transfer during the time the person has been receiving such public assistance; but, if any such assignment or transfer is made during such thirty-six month period or during such time that public assistance is being received, there is a rebuttable presumption that the assignment or transfer was made for such purpose; but, within such period of time, a person may assign or transfer the ownership of real property owned and used as a residence by such person if:
(A) The transfer or assignment is made for reasons other than to become or remain eligible for public assistance under this article;
(B) The primary purpose of the transfer or assignment is not to acquire moneys or profit but is for some other legitimate reason such as estate planning.
(II) Nothing in this paragraph (c) shall be construed to prohibit a person from selling, transferring, or assigning his or her real estate in a bona fide transaction for good and valuable consideration.
(d) The person is not an inmate of a public institution, except as a patient in a public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis; but the provisions of this paragraph (d) shall not be applicable to or in any way affect the class of old age pension recipients provided for in subsection (2)(a)(III) of this section.
(2) Old age pension. (a) Except as provided in paragraphs (c) and (d) of this subsection (2), public assistance in the form of the old age pension shall be granted to any person who meets the requirements of subsection (1) of this section and any one of the following requirements:
(I) The person is a United States citizen or a qualified alien, has attained the age of sixty years or more, and meets the resource eligibility requirements of the federal supplemental security income program; or
(II) Repealed.
(III) The person is an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, and the person has attained the age of sixty years or more. The period of confinement as a patient in such institution shall be considered as residence in the state of Colorado.
ents of the federal supplemental security income program; or
(II) Repealed.
(III) The person is an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, and the person has attained the age of sixty years or more. The period of confinement as a patient in such institution shall be considered as residence in the state of Colorado.
(b) An applicant or recipient of the old age pension who is otherwise qualified shall not be denied the old age pension by reason of the fact that relatives may be financially able to contribute to his or her support and maintenance; except that income and resources of the spouse of an applicant or recipient of the old age pension or of a sponsor of an applicant or recipient of the old age pension who is a qualified alien shall be considered in determining eligibility pursuant to rules of the state department.
(c) (I) Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (c), a qualified alien shall not be granted the old age pension under the provisions of this subsection (2) unless it is shown that:
(A) (Deleted by amendment, L. 2010, (HB 10-1384), ch. 218, p. 954, § 4, effective January 1, 2014.)
(B) The qualified alien meets the requirements specified in section 26-2-111.8 (2)(a) relating to entry into the United States prior to August 22, 1996, or the requirements specified in section 26-2-111.8 (2)(b) regarding the five-year bar on receipt of benefits; and
(C) The qualified alien meets the requirements specified in section 26-2-111.8 (2)(c) regarding the deeming of sponsor income and resources.
(II) The requirements in subparagraph (I) of this paragraph (c) do not apply to a qualified alien who meets the eligibility criteria for the old age pension in paragraph (a) of this subsection (2) if it is determined pursuant to rules of the state department that:
(A) The qualified alien has been abandoned by or is a victim of mistreatment by his or her sponsor or is an abused spouse and would incur a significant financial hardship; or
(B) The qualified alien who does not have a sponsor would have insufficient income to support himself or herself or would otherwise incur a significant financial hardship; or
(C) The person who sponsored the qualified alien's entry into the United States and who satisfied sponsorship financial requirements at the time of initial sponsorship now has insufficient income and resources to meet the needs of the qualified alien.
(III) The requirements in subparagraph (I) of this paragraph (c) do not apply to a qualified alien who meets the eligibility criteria for the old age pension in paragraph (a) of this subsection (2) and who is also eligible for federal financial benefits pursuant to Title XVI of the federal "Social Security Act".
p now has insufficient income and resources to meet the needs of the qualified alien.
(III) The requirements in subparagraph (I) of this paragraph (c) do not apply to a qualified alien who meets the eligibility criteria for the old age pension in paragraph (a) of this subsection (2) and who is also eligible for federal financial benefits pursuant to Title XVI of the federal "Social Security Act".
(d) (I) A person who is a member of a household that is receiving public assistance under the Colorado works program pursuant to part 7 of this article shall not be eligible to receive public assistance pursuant to this subsection (2).
(II) (Deleted by amendment, L. 2010, (HB 10-1043), ch. 92, p. 315, § 8, effective April 15, 2010.)
(3) Colorado works program. (a) By signing an application for the works program created in part 7 of this article, a person assigns, by operation of law, to the state department all rights the applicant may have to support from any other person on his or her own behalf or on behalf of any other family member for whom application is made. For the purposes of this subsection (3), the assignment:
(I) Is effective for current support due and owing during the period of time the person is receiving public assistance under the works program;
(II) Takes effect upon a determination that the applicant is eligible for the works program; and
(III) Shall remain in effect with respect to any unpaid support that accrues under the assignment, up to the amount of the cost of assistance provided.
(IV) (Deleted by amendment, L. 2009, (SB 09-053), ch. 137, p. 594, § 1, effective October 1, 2009.)
(a.5) Notwithstanding any provision of this subsection (3), and except as provided in section 26-2-108 (1)(b)(II), effective January 1, 2017, the state department shall pay to the recipient the current child support collected pursuant to the assignment. The state department shall disregard the amount of child support paid to the recipient pursuant to this paragraph (a.5) in calculating the amount of the recipient's basic cash assistance grant pursuant to part 7 of this article. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility.
(b) The application shall contain a statement explaining this assignment and the payment to the recipient of child support pursuant to paragraph (a.5) of this subsection (3).
(c) Notwithstanding any provision of paragraph (a) of this subsection (3), assignments made prior to October 1, 2009, may include support arrearages that accrued prior to the date the applicant is determined to be eligible for the works program.
(3.5) (a) Repealed.
(b) (Deleted by amendment, L. 97, p. 1232, § 19, effective July 1, 1997.)
(4) Aid to the needy disabled. Public assistance in the form of aid to the needy disabled must be granted to any person who meets the requirements of subsection (1) of this section and all of the following requirements:
(a) He or she has a total disability, as defined by section 26-2-103 (14) and the rules and regulations of the state department, that has lasted or can be expected to last for a period of six months or more or he or she is determined to be disabled and eligible for social security disability insurance benefits under Title II of the social security act.
ction and all of the following requirements:
(a) He or she has a total disability, as defined by section 26-2-103 (14) and the rules and regulations of the state department, that has lasted or can be expected to last for a period of six months or more or he or she is determined to be disabled and eligible for social security disability insurance benefits under Title II of the social security act.
(b) He or she is eighteen years of age or older.
(b.5) (I) He or she has applied for supplemental security income benefits and complied with any recommendations for referrals made by the county department except for good cause shown.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b.5) to the contrary, the state department may promulgate rules allowing a county to waive the requirement that a person apply for supplemental security income benefits prior to receiving aid to the needy disabled under such conditions and for such period of time as the state department deems appropriate to ensure that a person has the opportunity to submit a thorough and complete supplemental security income benefits application.
(c) (I) The person is not a member of a household receiving public assistance under the aid to families with dependent children program set forth in this article. For the purposes of this paragraph (c), "household" has the same meaning as "assistance unit" as used in 45 CFR 205.40 (a)(1), as amended.
(II) (A) The provisions of subparagraph (I) of this paragraph (c) notwithstanding, on and after January 1, 1992, a supplemental payment funded by state and county funds shall be paid to households that have received public assistance payments for the month of December 1991, under both the aid to families with dependent children program set forth in this article and the aid to the needy disabled program set forth in this subsection (4). The supplemental payment shall be in an amount as will maintain the household's total income at the same level as in December 1991.
(B) The supplemental payment shall be paid only if the household remains continuously eligible to receive public assistance under both the aid to families with dependent children program set forth in this article and the aid to the needy disabled program set forth in this subsection (4).
(d) He or she meets the resource eligibility requirements of the federal supplemental security income program.
(e) If the applicant is disabled as a result of a primary diagnosis of a substance use disorder, the applicant, as conditions of eligibility, is required to:
(I) Participate in treatment services approved by the behavioral health administration in the state department; and
(II) Demonstrate on a periodic and random basis that he or she remains free of the use of alcohol or any nonprescribed controlled substance on a form verified by the treatment program. Any person whose random test results are positive two times in any three-month period shall be denied eligibility.
in treatment services approved by the behavioral health administration in the state department; and
(II) Demonstrate on a periodic and random basis that he or she remains free of the use of alcohol or any nonprescribed controlled substance on a form verified by the treatment program. Any person whose random test results are positive two times in any three-month period shall be denied eligibility.
(f) A person who is disabled as a result of a primary diagnosis of an alcohol or substance use disorder is not eligible for aid to the needy disabled based upon that primary diagnosis if the person has received aid to the needy disabled based upon such diagnosis for any cumulative twelve-month period in the person's lifetime.
(5) Aid to the blind. (a) For the purpose of providing public assistance to those not receiving federal financial benefits pursuant to Title XVI of the social security act, public assistance in the form of aid to the blind shall be granted to any person who meets the requirements of subsection (1) of this section and who:
(I) Is blind as defined by section 26-2-103 (3) or is determined to be blind and eligible for social security disability insurance benefits under Title II of the social security act; except that any person who is a member of a household that is receiving public assistance under the aid to families with dependent children program set forth in this article shall not be eligible to receive public assistance pursuant to this subsection (5);
(II) Has applied for supplemental security income benefits and complied with any recommendations for referrals made by the county department except for good cause shown; and
(III) Meets the resource eligibility requirements of the federal supplemental security program.
(b) For the purposes of this subsection (5), "household" has the same meaning as "assistance unit" as used in 45 CFR 205.40 (b)(1), as amended.
(6) The provisions of section 26-2-111.8 shall apply in addition to the provisions of this section in determining the eligibility for public assistance of persons who are not citizens of the United States.
C.R.S. § 26-2-111.1 Eligibility for assistance - immunization of children
26-2-111.1. Eligibility for assistance - immunization of children. (Repealed)
C.R.S. § 26-2-111.2 Community work experience program
26-2-111.2. Community work experience program. (Repealed)
C.R.S. § 26-2-111.3 Work supplementation program
26-2-111.3. Work supplementation program. (Repealed)
C.R.S. § 26-2-111.4 Employment search program
26-2-111.4. Employment search program. (Repealed)
C.R.S. § 26-2-111.5 Access to supplemental security income program benefits for old age pension applicants and recipients
26-2-111.5. Access to supplemental security income program benefits for old age pension applicants and recipients. The state department shall require old age pension applicants or recipients who may be eligible for supplemental security income to apply for benefits authorized by Title XVI of the federal social security act and to comply with any recommendations for referrals made by the county department except for good cause shown. With funds appropriated by the general assembly, the state department may develop a statewide cost-effective program to assist old age pension applicants or recipients in obtaining such benefits.
C.R.S. § 26-2-111.6 Old age pension work incentive program
26-2-111.6. Old age pension work incentive program. (1) The state department is authorized to implement a work incentive program for persons receiving old age pension benefits, which program shall be called the old age pension work incentive program. Under this program, a person who is already eligible for and receiving old age pension benefits would be allowed to retain sixty-five dollars of earned income in a month and one-half of the remaining earned income in a month without such moneys being counted as income for purposes of eligibility for the old age pension. In addition, the receipt and retention of such earned income shall not affect the person's eligibility for medical assistance as provided by articles 4, 5, and 6 of title 25.5, C.R.S.
(2) and (3) Repealed.
C.R.S. § 26-2-111.7 Study of old age pension program - repeal
26-2-111.7. Study of old age pension program - repeal. (Repealed)
C.R.S. § 26-2-111.8 Eligibility of noncitizens for public assistance
26-2-111.8. Eligibility of noncitizens for public assistance. (1) (a) The general assembly hereby finds and declares that passage of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, requires the states to make certain decisions concerning qualified aliens and their eligibility for certain types of public assistance.
(b) The goal of this section is to recognize that foreign-born legal residents of the state of Colorado contribute to our society by working in our communities, supporting local businesses, and paying taxes and should receive certain types of public assistance for certain types of situations. Moreover, the state goal is to provide the types of assistance that will enhance the state's ability to receive federal financial participation, thereby reducing the ultimate burden on the state and local government for emergency health and welfare needs.
(c) This section is also intended to encourage and support efforts to help foreign-born legal residents of the state of Colorado to become citizens of the United States.
(2) (a) Entry requirements. A qualified alien who entered the United States before August 22, 1996, and who meets the eligibility criteria specified for a particular public assistance program shall be eligible to receive public assistance under the following programs as described in this article:
(I) The Colorado works program;
(II) The old age pension;
(III) Aid to the needy disabled; or
(IV) Aid to the blind.
(b) Five-year bar on receipt of benefits. A qualified alien who entered the United States on or after August 22, 1996, shall be barred from receiving the benefits described in paragraph (a) of this subsection (2) for a period of five years after the date of entry into the United States, unless he or she meets the exceptions set forth in the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, as amended.
(c) Deeming of sponsor income and resources. After five years, a qualified alien described in paragraph (b) of this subsection (2) shall be eligible for benefits under this article, but shall have sponsor income and resources deemed to the individual or family under rules established by the state department pursuant to section 26-2-137 (2).
(3) (Deleted by amendment, L. 2010, (HB 10-1384), ch. 218, p. 952, § 2, effective July 1, 2010.)
(3.5) For benefits provided on and after January 1, 2014, the state department may pursue repayment from the qualified alien's sponsor for old age pension benefits provided to the qualified alien during the time that the sponsorship affidavit of support is in effect as determined by United States citizenship and immigration services, or its successor agency.
(4) A qualified alien may receive benefits under section 26-2-122.3 pursuant to rules promulgated by the state department.
(5) Repealed.
(5.5) The county departments responsible for administering benefits programs under the department of health care policy and financing and the department of human services shall identify and review all current county guidance materials, including forms, training materials, websites, and any other materials that reference a prohibition on sponsorship as a condition of eligibility for benefits and shall remove all such references from verbal and digital communications and from all physical materials currently provided to applicants or beneficiaries.
(6) The state department shall encourage a qualified alien who is eligible to submit an application for citizenship to submit such an application.
C.R.S. § 26-2-112 Old age pensions for inmates of public institutions
26-2-112. Old age pensions for inmates of public institutions. (1) Except as otherwise provided in this section, the application procedure, the investigation of applications, the procedure for granting of pensions, and all other provisions of this article relating to the administration of old age pensions shall apply to the class of old age pensions provided in section 26-2-111 (2)(a)(III).
(2) Where an inmate of an institution, not penal in character, maintained by the state or by a municipality therein or county thereof, meets the requirements for the class of old age pensions provided in section 26-2-111 (2)(a)(III) and has been committed to said public institution by order of the district or probate court, the superintendent or chief administrative officer of such institution shall make application for such pension for and in behalf of said inmate in the same manner as provided in section 26-2-106.
(3) (a) (I) Assistance payments under the old age pension granted to an inmate of the Colorado mental health institute at Pueblo, Colorado, or the Wheat Ridge regional center, the Pueblo regional center, or the Grand Junction regional center shall be paid to the chief financial officer of the institution within which the inmate is confined. Such chief financial officer shall receive and disburse such pension funds as trustee for such inmate and shall account for the same to the state controller in the manner now prescribed by law for the handling and accounting of trust or quasi-trust funds.
(II) Such chief financial officer shall be required to furnish, at the state's expense, a surety bond in such amount as the department of human services shall from time to time deem sufficient in the premises to protect such funds.
(III) It is the duty of such chief financial officer to pay monthly from the assistance payments under the old age pension, as prior claim therefrom, all lawful claims of said public institution for the care, support, maintenance, education, and treatment of said inmate in accordance with article 92 of title 27, C.R.S.
(b) Where assistance payments under the old age pension are granted to an inmate of an institution maintained by any county or municipality, such payments shall be paid to such conservator or guardian as the district or probate court of such county may appoint, and under and amendable to the statutes applicable to conservators and guardians when so appointed.
C.R.S. § 26-2-113 Funds for old age pensions
26-2-113. Funds for old age pensions. (1) The state old age pension fund and the moneys allocated thereto pursuant to the provisions of article XXIV of the state constitution shall include amounts received from the incorporation fees and inheritance taxes imposed pursuant to subsection (2) of this section.
(2) (a) In addition to all other fees, charges, and impositions now fixed by law, there shall be assessed and collected, by the governmental department, person, or party in charge under whose jurisdiction the present collection is now required by law, the following fees, charges, sums, and impositions, which fees, charges, sums, and impositions shall be set aside, allocated, and allotted to the old age pension fund:
(I) Ten percent additional amount of the fees which are due and paid to the secretary of state upon incorporation of any corporation or association for profit; and
(II) Ten percent additional upon the amount of any tax payable under the provisions of the inheritance tax laws of this state.
(b) In computing the amount of the additional tax or fee as provided in paragraph (a) of this subsection (2), the nearest multiple to five cents shall be taken in all cases.
(3) Any and all of such funds collected by any state official or state department pursuant to subsection (2) of this section shall be paid over by such official or department to the state treasurer, who on the first day of each month shall divide and pay the same into each of the county old age pension accounts of the county social services funds in this state on the pro rata basis which the population of the respective county has to the population of the entire state according to the last official United States census.
C.R.S. § 26-2-114 Amount of assistance payments - old age pension
26-2-114. Amount of assistance payments - old age pension. (1) The basic minimum award payable to those persons qualified to receive an old age pension shall be one hundred dollars monthly; but the state board may adjust the said basic minimum award above one hundred dollars if, in its discretion, living costs have changed sufficiently to justify such adjustment.
(2) (a) and (a.5) Repealed.
(b) (I) The amount of net income from whatever source, either in cash or in kind, which any person qualified for an old age pension may receive shall be deducted from the amount of monthly pension which such person would otherwise receive. The rules and regulations of the state department may require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources.
(II) In computing said net income, the county department shall not consider the ownership of real estate occupied as a residence by the recipient as income. In addition, in computing said net income, the county department shall not consider as income funds received by or on behalf of the recipient from the federal government for rent supplementation or relocation payments or income earned by the recipient up to the maximum extent allowed by Title I, section 2, of the social security act.
(III) Whenever the United States congress shall provide by law for a retroactive increase in monthly benefits under the old age, survivors, and disability provisions of the social security act, or for a retroactive increase in monthly benefits under the railroad retirement act, and the amount of such retroactive increase in monthly benefits shall be subsequently paid to an old age pension recipient in a lump sum, then the amount of such lump sum payment shall not be considered as income and shall not be deducted from the amount of monthly pension otherwise payable to such recipient for the month in which such lump sum payment is received.
(IV) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law.
C.R.S. § 26-2-115 State old age pension fund - priority
26-2-115. State old age pension fund - priority. All moneys deposited in the state old age pension fund shall be first available for payment of basic minimum awards to qualified old age pension recipients, and no part of said fund shall be transferred to any other fund until such basic minimum awards shall have been paid. Moneys in the state old age pension fund shall be subject to annual appropriation by the general assembly.
C.R.S. § 26-2-116 Old age pension stabilization fund
26-2-116. Old age pension stabilization fund. Any moneys remaining in the old age pension fund after full payment of basic minimum awards to qualified old age pension recipients shall be transferred to a fund to be known as the old age pension stabilization fund, which fund shall be maintained at the amount of five million dollars and restored to that amount after any disbursements therefrom. The state board shall use the moneys in such fund only to stabilize payments of old age pension basic minimum awards. Moneys in the old age pension stabilization fund shall be subject to annual appropriation by the general assembly.
C.R.S. § 26-2-117 Old age pension health and medical care fund - supplemental old age pension health and medical care fund
26-2-117. Old age pension health and medical care fund - supplemental old age pension health and medical care fund. (Repealed)
C.R.S. § 26-2-118 Amount of assistance payments - aid to families with dependent children
26-2-118. Amount of assistance payments - aid to families with dependent children. (Repealed)
C.R.S. § 26-2-119 Amount of assistance payments - aid to the needy disabled - rules
26-2-119. Amount of assistance payments - aid to the needy disabled - rules. (1) (a) The amount of assistance payments that shall be granted to a recipient under the program for aid to the needy disabled shall be on the basis of budgetary need, as determined by the county department with due regard to any income, property, or other resources available to the recipient, within available appropriations, and in accordance with rules of the state department.
(b) The rules of the state department:
(I) Shall establish the assistance payment under the program for aid to the needy disabled, which assistance payment for the 2014-15 state fiscal year must not be less than the amount of the assistance payment for the 2013-14 state fiscal year increased by eight percent. For state fiscal years 2015-16 through 2018-19, and in fiscal years thereafter if necessary, subject to available appropriations, the state department is encouraged to increase the amount of the assistance payment to restore the payment to the state fiscal year 2006-07 amount and to adjust the assistance payment to reflect increases in the cost of living.
(II) May require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources.
(1.5) and (2) (Deleted by amendment, L. 2010, (HB 10-1146), ch. 281, p. 1302, § 2, effective January 1, 2011.)
(3) and (4) Repealed.
(5) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law.
(6) Repealed.
C.R.S. § 26-2-119.5 Health and medical care program - aid to the needy disabled
26-2-119.5. Health and medical care program - aid to the needy disabled. (Repealed)
C.R.S. § 26-2-119.7 Federal disability benefits - application assistance - fund - rules - report - legislative declaration
26-2-119.7. Federal disability benefits - application assistance - fund - rules - report - legislative declaration. (Repealed)
C.R.S. § 26-2-120 Amount of assistance payments - aid to the blind
26-2-120. Amount of assistance payments - aid to the blind. (1) The amount of assistance payments that shall be granted to a recipient under the program for aid to the blind shall be on the basis of budgetary need, as determined by the county department with due regard to any income, property, or other resources available to the recipient, within available appropriations, and in accordance with rules of the state department. The rules of the state department may require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources.
(1.5) and (2) (Deleted by amendment, L. 2010, (HB 10-1146), ch. 281, p. 1303, § 3, effective January 1, 2011.)
(3) Repealed.
(4) Every recipient of aid to the blind shall submit to a reexamination as to his eyesight at least once every three years, unless excused therefrom by the state department, and at other times when required to do so by the county department or the state department. He shall furnish any medical information required by the county department or the state department.
(5) Repealed.
(6) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law.
C.R.S. § 26-2-121 Expenses of treatment to prevent blindness or restore eyesight
26-2-121. Expenses of treatment to prevent blindness or restore eyesight. Temporary assistance may be granted by the county department to any applicant for aid to the blind or additional assistance granted to any recipient of aid to the blind who is in need of treatment either to prevent blindness or to restore his eyesight, whether or not he is blind as defined by section 26-2-103 (3) and the rules and regulations of the state department, if he is otherwise qualified for aid to the blind under this article. The temporary assistance may include necessary traveling expenses and other expenses to receive treatment from a hospital or clinic designated by the state department. Such payment shall be allowed and paid in the same manner as aid to the blind provided by this article and shall be subject to reimbursement by the state in the same manner as such aid to the blind.
C.R.S. § 26-2-122 Public assistance in the form of social services
26-2-122. Public assistance in the form of social services. (1) Subject to available appropriations, the state department may provide those services required by the social security act and applicable federal regulations. Subject to available appropriations, the state department may, by regulation, elect to provide those services which are optional under the social security act.
(2) Eligible persons shall include those required to be eligible for services by the social security act and federal regulations. Subject to available appropriations, eligible persons may include those persons who are optionally eligible under federal law and regulations whom the state department, by regulation, includes as eligible persons.
(3) The state department shall adopt budgetary standards from which a graduated schedule of fees shall be determined. Said fees shall be paid by persons who receive social services and who have the financial ability to pay in accordance with the schedule of fees established by the state department.
(4) The state department shall prepare and submit to the secretary of the federal department of health and human services a state plan for services that meets the requirements of the social security act, federal regulations, and this section. The state department shall administer the program for services in accordance with the social security act, federal regulations, and this section.
C.R.S. § 26-2-122.3 Home care allowance
26-2-122.3. Home care allowance. (1) (a) Repealed.
(b) (I) Except as provided in subparagraph (II) of this paragraph (b), the state department, subject to available appropriations, may provide home care allowance for persons who meet the functional impairment and financial eligibility criteria as established by the state department by rule and:
(A) Were receiving old age pension benefits and home care allowance on the day prior to January 1, 2014, and remain continuously eligible for such benefits; or
(B) Are receiving aid to the needy disabled, aid to the blind, or supplemental social security income benefits.
(II) Persons eligible to receive home- and community-based services pursuant to article 6 of title 25.5, C.R.S., shall not be eligible for home care allowance under this paragraph (b).
(III) For the purposes of this subsection (1)(b), "home care allowance" is a program that provides payments, subject to available appropriations, to functionally impaired persons who meet the criteria specified in subsection (1)(b)(I) of this section as determined in accordance with rules. The payments allow recipients who are in need of long-term services and supports to purchase community-based services as defined in rules adopted by the state department. These services may include, but need not be limited to, the supervision of self-administered medications, assistance with activities of daily living, and assistance with instrumental activities of daily living. The rules adopted by the state department shall specify, in accordance with the provisions of this section, the services available under the program and shall specify eligibility criteria for the home care allowance program. In addition, the rules shall specifically provide for a determination as to the person's functional impairment and the person's unmet need for paid care and shall address amounts awarded to persons eligible for home care allowance. The state department shall specify in the rules the methods for determining the unmet need for paid care and the amount of a home care allowance that may be awarded to eligible persons. Such methods may be based on how often a person experiences unmet need for paid care or any other method that the state board determines is valid in correlating unmet need for paid care with an amount of a home care allowance award. The state department shall require that eligibility and unmet need for paid care be determined through the use of a comprehensive and uniform client assessment instrument prescribed by the state department. The state department may adjust income eligibility criteria, including any functional impairment standard, or the amounts awarded to eligible persons or may limit or suspend enrollments as necessary to manage the home care allowance program within the funds appropriated by the general assembly. In addition, the state department may adjust which services are available under the program; except that the adjustment shall be consistent with the provisions of this subsection (1).
(c) The state department is authorized to implement pilot programs that it deems feasible to assess the overall impact, if any, of using alternatives to the method described in paragraph (b) of this subsection (1) for determining an eligible person's unmet need for paid care and the amount of a home care allowance awarded to an eligible person.
(2) The state department shall administer the home care allowance program. The executive director or the state board, as appropriate, shall promulgate rules necessary for the implementation of this section.
(3) (Deleted by amendment, L. 2010, (HB 10-1146), ch. 281, p. 1304, § 4, effective January 1, 2011.)
(4) Repealed.
(5) The state department shall contract with case management agencies for functions of the home care allowance pursuant to the terms of the contract or rule of the state department.
C.R.S. § 26-2-122.4 Home care allowance grant program - rules - report - repeal
26-2-122.4. Home care allowance grant program - rules - report - repeal. (Repealed)
C.R.S. § 26-2-122.5 Acceptance of available money to finance the low-income energy assistance program
26-2-122.5. Acceptance of available money to finance the low-income energy assistance program.
(1) (Deleted by amendment, L. 97, p. 1234, § 22, effective July 1, 1997.)
(2) The executive director of the state department, or said director's designee, is hereby authorized to accept any private contributions, including contributions from the fund created in section 40-8.5-104, C.R.S., and any federal grants, and to expend the same, subject to appropriation, for the purpose of increasing available funds under the low-income energy assistance program.
(3) Notwithstanding the availability of additional money pursuant to subsection (2) of this section, the low-income energy assistance program must be administered within the staffing structure, in existence on July 1, 1991, of the state department of human services and county departments of human or social services, without additional FTE.
C.R.S. § 26-2-123 Removal to another county
26-2-123. Removal to another county. (1) Any recipient who becomes a resident of another county in this state shall be entitled to receive all forms of public assistance that are provided in the county to which the recipient transfers and for which he or she is eligible, and the county department of the county from which the recipient has moved shall transfer all necessary records relating to the recipient to the county department of the county to which he or she has moved, pursuant to the rules of the state department.
(2) The county to which a recipient moves is required to provide only those services and benefits under the Colorado works program created in part 7 of this article as are stipulated in the receiving county's performance contract.
C.R.S. § 26-2-124 Reconsideration and changes
26-2-124. Reconsideration and changes. (1) All assistance payments and social services provided under this article shall be reconsidered as frequently as and in the manner required by rules and regulations of the state department. After such further verification and record as the county department may deem necessary or the rules and regulations of the state department may require, the amount of assistance payments or the social services provided may be changed, or public assistance may be terminated, if the state department or the county department finds that the recipient's circumstances have altered sufficiently to warrant such action or if changes in state or federal law have been made which would warrant such action.
(2) In accordance with the rules and regulations of the state department, the county department may terminate public assistance at any time for cause, or it may, for cause, suspend public assistance for such period as it may deem proper. Timely notice to persons receiving public assistance, when in fact they are not eligible due to fraudulent acts, may be given five days before the date of a proposed action, in accordance with federal regulations.
(3) Whenever assistance payments are terminated, suspended, or in any way changed, the county department shall at once report such decision to the recipient and to the state department setting forth the reason for such action. All such decisions shall be subject to review by the state department in accordance with the rules and regulations of the state department.
C.R.S. § 26-2-125 Colorado works cases - vendor payments
26-2-125. Colorado works cases - vendor payments. The county department, upon reconsideration in cases involving the Colorado works program as provided in section 26-2-124, may authorize direct payment to vendors of the portion of the assistance grant budgeted for essential services and subsistence items for the children, if evidence has been accumulated that the relative payee is using that portion of the grant provided for the care, maintenance, and welfare of the children for other purposes.
C.R.S. § 26-2-126 Evidentiary conference
26-2-126. Evidentiary conference. (Repealed)
C.R.S. § 26-2-127 Appeals
26-2-127. Appeals. (1) (a) (I) Except as provided in part 7 of this article, if an application for assistance payments is not acted upon by the county department within a reasonable time after filing of the same, or if an application is denied in whole or in part, or if a grant of assistance payments is suspended, terminated, or modified, the applicant or recipient, as the case may be, may appeal to the state department in the manner and form prescribed by the rules of the state department. Every county department or service delivery agency shall adopt procedures for the resolution of disputes arising between the county department or the service delivery agency and any applicant for or recipient of public assistance prior to appeal to the state department. Such procedures are referred to in this section as the "dispute resolution process". Two or more counties may jointly establish the dispute resolution process. The dispute resolution process shall be consistent with rules promulgated by the state board pursuant to article 4 of title 24, C.R.S. The dispute resolution process shall include an opportunity for all clients to have a county conference, upon the client's request, and such requirement may be met through a telephonic conference upon the agreement of the client and the county department. The dispute resolution process need not conform to the requirements of section 24-4-105, C.R.S., as long as the rules adopted by the state board include provisions specifically setting forth expeditious time frames, notice, and an opportunity to be heard and to present information. If the dispute is not resolved, the applicant or recipient may appeal to the state department in the manner and form prescribed by the rules of the state department. Whether at the county level, state level, or both, disputes related to the delivery of assistance under the Colorado works program established pursuant to part 7 of this article shall be decided in accordance with the rules promulgated by the state board pursuant to this subparagraph (I) and with the county's official written policies adopted pursuant to section 26-2-716 (2.5), which policies govern delivery of assistance under such program. The state board shall adopt rules setting forth what other issues, if any, may be appealed by an applicant or recipient to the state department. County notices to applicants or recipients shall inform them of the basis for the county's decision or action and shall inform them of their rights to a county conference under the dispute resolution process and of their rights to state level appeal and the process of making such appeal. A hearing need not be granted when either state or federal law requires or results in an automatic grant adjustment for classes of recipients, unless the reason for an individual appeal is incorrect grant computation.
(II) Upon receipt of an appeal, the state department shall give the appellant reasonable notice and an opportunity for a fair hearing in accordance with rules of the state department. Any such fair hearing shall comply with section 24-4-105, C.R.S., and the state department's administrative law judge shall preside.
(III) The appellant shall have an opportunity to examine all applications and pertinent records concerning said appellant that constitute a basis for the denial, suspension, termination, or modification of assistance payments.
(IV) The appellant may represent himself or herself or he or she may be represented by legal counsel, or by a relative, friend, or other spokesman, and such representation by nonlawyers shall not be considered to be the practice of law.
(b) The state department, by its rules, may provide for fair hearings and appeals for applicants for and recipients of social services.
n of assistance payments.
(IV) The appellant may represent himself or herself or he or she may be represented by legal counsel, or by a relative, friend, or other spokesman, and such representation by nonlawyers shall not be considered to be the practice of law.
(b) The state department, by its rules, may provide for fair hearings and appeals for applicants for and recipients of social services.
(c) (Deleted by amendment, L. 97, p. 1317, § 1, effective July 1, 1997.)
(2) All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department.
(3) The state department, the department of health care policy and financing, and the office of administrative courts in the department of personnel shall work together to streamline the process for the appeal of disputes that are not resolved at the county level and shall consider proposed legislative changes or federal waivers for the Colorado works program pursuant to part 7 of this article in order to address changes in the appeals process to avoid or mitigate expenses to counties of maintaining benefits during the pendency of state-level appeals.
(4) The state department is authorized to apply to the United States department of agriculture and the health care financing administration for waivers to develop a process for appeals that ensures that issues may be consolidated at the local and state levels. In applying for the waiver, the state department shall demonstrate that due process considerations are addressed through other appeal mechanisms.
C.R.S. § 26-2-128 Recovery from recipient - estate
26-2-128. Recovery from recipient - estate. (1) If, at any time during the continuance of public assistance, the recipient thereof becomes possessed of any property having a value in excess of that amount set pursuant to the provisions of section 26-2-109 and the rules of the state department or receives any increase in income, the recipient shall notify the county department of the possession of such property or receipt of such income, and the county department may either terminate the public assistance or alter the amount of assistance payments in accordance with the circumstances and the rules of the state department. To the extent not otherwise prohibited by state or federal law, if the recipient is found to have committed an intentional program violation, the recipient is disqualified from participation in the public assistance program under this article 2 in which a recipient is found to have committed an intentional program violation for twelve months for the first incident, twenty-four months for a second incident, and permanently for a third or subsequent incident. Such disqualification is mandatory and is in addition to any other penalty imposed by law. Except as provided in subsections (3) and (4) of this section, any previously paid excess public assistance to which the recipient was not entitled is recoverable by the county as a debt due to the state and the county in proportion to the amount of public assistance paid by each respectively; except that any fraudulently obtained public assistance or fraudulently obtained overpayments of public assistance is recoverable and payable in proportionate shares as provided in section 26-1-112 (2)(b), and interest is charged and paid to the county department on any sum fraudulently obtained, calculated at the legal rate and calculated from the date the recipient obtained such sum to the date such sum is recovered. The following remedies apply for the enforcement and collection of a debt for fraudulently obtained public assistance or fraudulently obtained overpayments of public assistance:
(a) If the debt for fraudulently obtained public assistance, fraudulently obtained overpayments of public assistance, or excess public assistance paid for which the recipient was ineligible has been reduced to a judgment in a court of record in this state, the county department may seek a continuing garnishment to collect the debt under article 54.5 of title 13, C.R.S.
(b) If the person has received an overissuance of food stamp benefits resulting from fraud or willful misrepresentation that has not been recovered by repayment under section 13 (b)(1) of the federal "Food Stamp Act", as amended, the state shall recover the overissuance by withholding unemployment compensation to which the person is entitled pursuant to section 8-73-102 (6), C.R.S.
(2) If, upon the death or mental incompetency of any recipient, the inventory of the recipient's estate shows assets in excess of the amount that the recipient was allowed to have in order to receive public assistance, or if it be shown that the recipient was otherwise ineligible for public assistance, then the claim of the county and state for the excess public assistance paid for which the recipient was ineligible, if filed as required by section 15-12-804, C.R.S., shall have priority as a debt given preference under section 15-12-805 (1)(f.7), C.R.S.
was allowed to have in order to receive public assistance, or if it be shown that the recipient was otherwise ineligible for public assistance, then the claim of the county and state for the excess public assistance paid for which the recipient was ineligible, if filed as required by section 15-12-804, C.R.S., shall have priority as a debt given preference under section 15-12-805 (1)(f.7), C.R.S.
(3) Except as provided in subsection (4) of this section, when a recipient was ineligible for assistance payments solely because of property in excess of that permitted by state department rules and regulations adopted pursuant to section 26-2-109, the amount for which he shall be liable shall be the amount by which his property exceeded the amount allowable under such rules and regulations or the total amount of assistance payments thus received by him, whichever is the lesser amount. Actions for the recovery of such sums shall be prosecuted by the county or state department in any court of record having jurisdiction thereof.
(4) Notwithstanding subsections (1), (2), and (3) of this section, in any assistance case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to the county or state department or recovery by the county or state department from any person who is without fault and who has reported to the state department any increase in income or changes in resources or property, if such adjustment or recovery would deprive a person of income required for ordinary and necessary living expenses or would be against equity and good conscience. Overpayments in all cases involving a grant of aid to families with dependent children shall be recovered from the caretaker relative in the assistance unit who fraudulently obtained the public assistance or who was the direct payee of the overpayments or from such individual's estate. The state department and the county departments shall pursue all available overpayment recovery options against the caretaker relative in the assistance unit first and during this time all overpayment collection activities against the other overpaid members of the assistance unit shall be suspended. On March 26, 2002, the state department and the county departments shall cease any collection efforts being made against the children of an assistance unit in which public assistance was overpaid or fraudulently obtained by a caretaker relative if the caretaker relative has been located. The state and the county departments may elect not to attempt recovery of an overpayment from an individual no longer receiving public assistance where the overpayment amount is less than thirty-five dollars. Where the overpayment amount owed by an individual no longer receiving public assistance is thirty-five dollars or more, the state department and the county departments may determine, consistent with the six-year time limitation for the execution on judgments involving state debt, that it is no longer cost-effective to continue to pursue recovery of the overpayment. The state department and the county departments shall not pursue overpayment collection activities against children who have been part of a Colorado works program assistance unit.
(5) (a) When a recipient, during or because of continuance of public assistance, receives excess assistance through fraudulent acts, the county department shall make regular deductions consistent with federal regulations from said recipient's monthly grant until the excess payment is fully recovered.
(b) Repealed.
(6) (a) The state department shall have a right to recover any amount of public assistance paid to a recipient because:
(I) The trustee of a trust for the benefit of the recipient has used the trust property in a manner contrary to the terms of the trust;
(II) A person holding the recipient's power of attorney has used the power for purposes other than the benefit of the recipient.
b) Repealed.
(6) (a) The state department shall have a right to recover any amount of public assistance paid to a recipient because:
(I) The trustee of a trust for the benefit of the recipient has used the trust property in a manner contrary to the terms of the trust;
(II) A person holding the recipient's power of attorney has used the power for purposes other than the benefit of the recipient.
(b) To enforce the right under this subsection (6), the county or state department may institute or intervene in legal proceedings against the trustee or person holding the power of attorney. Any amount of public assistance recovered pursuant to this subsection (6) shall be distributed between the state and county in proportion to the amount of public assistance paid by each respectively.
(c) No action taken by the county or state department pursuant to this subsection (6) or any judgment rendered in such action or proceeding shall be a bar to any action upon the claim or cause of action of the recipient or his guardian, personal representative, estate, dependent, or survivors against the trustee or person holding the power of attorney.
C.R.S. § 26-2-129 Funeral - final disposition expenses - death reimbursement - definitions - rules
26-2-129. Funeral - final disposition expenses - death reimbursement - definitions - rules. (1) The general assembly hereby finds and declares that, subject to available appropriations, the purposes of this section are the following:
(a) To provide appropriate and equitable reimbursement of funeral, cremation, burial, or natural reduction expenses or any combination of expenses associated with the final disposition of any deceased public assistance or medical assistance recipient;
(b) To consider the religious and cultural preferences of the decedent and the decedent's family;
(c) To assure that final disposition of a decedent is provided with dignity;
(d) To ensure that reimbursement of a provider of funeral or final disposition services is appropriately disbursed by the county department;
(e) To provide that public funds are made available for reimbursement pursuant to this section only after it has been determined that there are insufficient resources from the estate of the decedent or the decedent's legally responsible family members to cover the funeral or final disposition expenses;
(f) To allow family members and friends of a decedent to contribute toward the charges of funeral or final disposition expenses to the extent the contributions do not exceed the specified maximum combined charges for the expenses.
(2) As used in this section, unless the context otherwise requires:
(a) "Contributions" means any monetary payment or donation made directly to the service provider or providers by a nonresponsible person to defray the expenses of a deceased public assistance or medical assistance recipient's funeral or final disposition.
(b) "Death reimbursement" means the payment made by the county department to the provider of funeral or final disposition services when adequate resources are not available from legally responsible persons or from the personal resources or income of the decedent or from contributions to cover the charges for funeral or final disposition expenses of a deceased public assistance or medical assistance recipient.
(c) "Decedent" means a deceased recipient of public assistance or medical assistance who was receiving benefits at the time of death.
(d) "Final resting place" means a space, either below or above the surface of the ground, for the interment or entombment of the remains of human bodies.
(e) "Legally responsible person" means a person who:
(I) Is the decedent's spouse or the decedent's parent if the decedent is an unemancipated minor who is under the age of eighteen; and
(II) Bears legal responsibility for the charges associated with the decedent's funeral or final disposition expenses.
(f) "Maximum combined charges" means the total of all charges from all providers but in an amount not to exceed two thousand five hundred dollars.
(f.5) "Medical assistance" means a payment on behalf of eligible recipients who are enrolled in the Colorado medical assistance program established in articles 4, 5, and 6 of title 25.5, which is funded through Title XIX of the federal "Social Security Act", 42 U.S.C. sec. 1396u-1.
(g) "Mortuary science practitioner" means one engaged in, or holding himself or herself out as being engaged in or conducting, embalming or final disposition of dead human bodies.
(h) "Nonresponsible person" means one of the following who makes a contribution to the charges for a funeral or final disposition or any combination of these charges:
(I) A relative of the decedent who is not a legally responsible person; or
(II) Any other person or party.
, or holding himself or herself out as being engaged in or conducting, embalming or final disposition of dead human bodies.
(h) "Nonresponsible person" means one of the following who makes a contribution to the charges for a funeral or final disposition or any combination of these charges:
(I) A relative of the decedent who is not a legally responsible person; or
(II) Any other person or party.
(i) "Public assistance" means payments to eligible recipients of the programs for old age pensions created in article XXIV of the state constitution, except for the old age pension health and medical care program described in section 25.5-2-101; the Colorado works program created in part 7 of this article 2; the aid to the needy disabled program created in section 26-2-119; the program for aid to the blind created in section 26-2-120; and the home care allowance program created in section 26-2-122.3.
(3) Subject to available appropriations, a death reimbursement covering reasonable funeral expenses or reasonable final disposition expenses or any combination of these expenses shall be paid by the county department for a decedent if the estate of the deceased is insufficient to pay the reasonable expenses and if the persons legally responsible for the support of the deceased are unable to pay the reasonable expenses. The county department shall be reimbursed eighty percent of the amount of the death reimbursement paid for recipients of aid to the needy disabled and assistance under the Colorado works program pursuant to part 7 of this article 2 and shall be reimbursed one hundred percent of the amount of the death reimbursement for recipients of old age pensions. If the state department determines that the level of appropriation is insufficient to meet the demand for death reimbursements, the state department shall reduce the amount of the death reimbursement level to meet the amount appropriated by the general assembly for death reimbursements. In the event that a reduction is made, the county department has no additional responsibility beyond the reimbursement level as defined in the state department's rules.
(4) The total amount of a death reimbursement paid by the county department or state department pursuant to this section must not exceed one thousand five hundred dollars and the combined charge of a funeral or final disposition or any combination of these expenses must not exceed two thousand five hundred dollars. Contributions from nonresponsible persons may be made without jeopardizing payment under this section and shall be counted as an offset to the maximum combined charges of the providers. If the combined charges from the providers exceed two thousand five hundred dollars, no death reimbursement shall be paid by the state or county department. Providers may seek contributions from nonresponsible persons only to the extent that money is available from such parties.
pardizing payment under this section and shall be counted as an offset to the maximum combined charges of the providers. If the combined charges from the providers exceed two thousand five hundred dollars, no death reimbursement shall be paid by the state or county department. Providers may seek contributions from nonresponsible persons only to the extent that money is available from such parties.
(5) A legally responsible person shall be required to participate financially towards the charges for final disposition through a contribution to the maximum death reimbursement if his or her resources are above the federal supplemental security income resource limits. A legally responsible person shall not be required to participate if he or she has fewer resources than the supplemental security income resource limits or if participation would result in fewer resources than the supplemental security income resource limits. Any financial participation from a legally responsible person shall be deducted from the maximum death reimbursement in the same manner as the personal resources of the decedent and shall not include the survivor's home or other excluded resources as provided for in the state department's rules. Any financial participation by a legally responsible person in excess of the legally required amount shall be used to reduce the amount of the maximum death reimbursement. Social security lump-sum death benefits payable to a legally responsible person shall not be an automatic deduction from the maximum death reimbursement. For purposes of this section, "resources" means:
(a) Those assets or income that are accessible and available to the legally responsible person;
(b) Disbursement of funds from any insurance policy of the decedent to a legally responsible person or nonresponsible person who is named as a beneficiary or a joint beneficiary of the decedent's policy. Nothing in this paragraph (b) shall grant authority to the county department to attach a lien against such funds or otherwise obtain or access these funds for payment of the final disposition of the decedent.
(6) In calculating the amount of the death reimbursement, any personal resources or income of the decedent is counted as a deduction from the maximum allowable death reimbursement. For purposes of this section, personal resources or income of the decedent includes the following:
(a) Any preneed contract for merchandise or services to be provided or performed in connection with the decedent's final disposition;
(b) Any other resources or income accessible and available in the name of the decedent, including jointly owned resources or income but only to the extent of the decedent's share of such jointly owned resources or income;
(c) Any death benefit in which reimbursement is directly paid to a provider of funeral or final disposition services for the decedent.
(7) (a) Ownership by a public assistance or medical assistance recipient of a final resting place, or the purchase thereof during the time the recipient is receiving that assistance, shall not disqualify the recipient from receiving that assistance, nor shall such ownership be deemed cause for any reduction in the amount of the recipient's assistance.
(b) Any portion of the purchase price of a final resting place owned by the decedent in excess of two thousand dollars shall be counted as a personal resource of the decedent in calculating the amount of a death reimbursement pursuant to this section.
e recipient from receiving that assistance, nor shall such ownership be deemed cause for any reduction in the amount of the recipient's assistance.
(b) Any portion of the purchase price of a final resting place owned by the decedent in excess of two thousand dollars shall be counted as a personal resource of the decedent in calculating the amount of a death reimbursement pursuant to this section.
(c) A final resting place previously acquired by someone other than the decedent and donated for final disposition of that decedent shall not be counted as a personal resource of the decedent or a legally responsible person in calculating the amount of a death reimbursement pursuant to this section.
(8) A statement of agreement between the providers that shall be on a form prescribed by the state department that sets forth the charges and the amounts of any payments or contributions shall be completed prior to any disbursement of funds by the county. The agreement shall assure that the charges of all providers have been equitably addressed and shall ascertain that the maximum combined charges do not exceed two thousand five hundred dollars and that the combined contributions from all sources do not exceed two thousand five hundred dollars. All payments from a decedent's estate, payments from legally responsible persons, and contributions from nonresponsible persons shall be paid directly to the provider of services. After the provision of all services, the providers shall bill the county department directly for reimbursement for appropriate costs that have not been covered by the resources from or contributions made by the decedent's estate, legally responsible persons, or nonresponsible persons. The county department shall reimburse the appropriate providers directly, based upon the statement of agreement.
(9) (a) Notwithstanding any other provision of law to the contrary, the disposition of a deceased public assistance or medical assistance recipient must be in accordance with subsection (9)(a)(I) or (9)(a)(II) of this section, as follows:
(I) A public assistance or medical assistance recipient may express, in writing and in accordance with a procedure established by the state department, a preference to be buried, cremated, or naturally reduced, or any combination of these practices. The expression shall be honored by the county department within the limits of costs and reimbursements specified in this section.
(II) The disposition of a public assistance or medical assistance recipient who has not expressed a preference shall be determined respectively by the recipient's spouse, adult children, parents, or siblings. Upon the death of a recipient, the county department shall use reasonable effort to contact such an authorized person to determine the disposition of the deceased recipient. If the effort does not result in contact with an authorized relative within twenty-four hours, the county shall immediately have the deceased recipient's body refrigerated or embalmed. If the effort does not result in contact with and decision by an authorized relative within seven days of the recipient's death, the county department shall determine whether to bury, cremate, or naturally reduce the deceased recipient on the basis of which option is less costly.
(b) The disposition of any public assistance or medical assistance recipient in accordance with this subsection (9) shall be in a timely and dignified manner.
with and decision by an authorized relative within seven days of the recipient's death, the county department shall determine whether to bury, cremate, or naturally reduce the deceased recipient on the basis of which option is less costly.
(b) The disposition of any public assistance or medical assistance recipient in accordance with this subsection (9) shall be in a timely and dignified manner.
(c) A mortuary science practitioner or any operator of any cemetery who has contracted for cremation services pursuant to this subsection (9) may dispose of the remains of any public assistance or medical assistance recipient cremated pursuant to this section that are not claimed within one hundred twenty days from the date of cremation. For the purposes of this paragraph (c), disposal of remains shall include, but need not be limited to, placing such remains in a cemetery, scattering grounds, or columbarium.
(10) The state department shall:
(a) Adopt rules and regulations necessary for the implementation of this section; and
(b) (Deleted by amendment, L. 96, p. 1114, § 1, effective August 7, 1996.)
(c) Annually review reimbursement levels to determine whether the levels are adequate to purchase funeral, cremation, burial, or natural reduction services for deceased public assistance or medical assistance recipients.
(11) Notwithstanding any other provision of law to the contrary, any person who, in good faith, disposes of a deceased recipient or the remains of a deceased recipient in accordance with this section shall be immune from any civil or criminal liability.
C.R.S. § 26-2-130 Fraudulent acts
26-2-130. Fraudulent acts. (Repealed)
C.R.S. § 26-2-131 Public assistance not assignable
26-2-131. Public assistance not assignable. No assistance payments made to an eligible recipient under this article shall be transferable or assignable at law or in equity, and none of the money paid or payable under this article shall be subject to execution, levy, attachment, garnishment, or other legal process or to the operation of any bankruptcy or insolvency law.
C.R.S. § 26-2-132 Limitation
26-2-132. Limitation. All public assistance granted under this article shall be granted and held subject to the provisions of any amending or repealing law that may be passed after July 1, 1973, and no recipient shall have any claim for compensation or otherwise by reason of his public assistance being affected in any way by any amending or repealing law.
C.R.S. § 26-2-133 State income tax refund offset - rules
26-2-133. State income tax refund offset - rules. (1) (a) At any time prescribed by the department of revenue, but not less frequently than annually, the state department shall certify to the department of revenue information regarding persons who are obligated to the state for overpayment of benefits pursuant to the "Colorado Human Services Code". Such information shall include certification of the amount of overpayment which has been determined by final agency action or has been ordered by a court as restitution or has been reduced to judgment.
(b) Such information shall also include the name and the social security number of the person obligated to the state for the overpayment, the amount of same, and any other identifying information required by the department of revenue.
(2) As a condition of certifying an overpayment to the department of revenue as provided in subsection (1) of this section, the state department shall ensure that the obligated person has been afforded the opportunity for a conference at the county department level pursuant to section 26-2-127 or 25.5-4-207, C.R.S., and the opportunity for an appeal to the state department pursuant to section 26-2-127 or 26-2-304. In addition, the state department, prior to final certification of the information specified in subsection (1) of this section to the department of revenue, shall notify the obligated person, in writing, at his last-known address, that the state intends to refer the person's name to the department of revenue in an attempt to offset the obligation against the person's state income tax refund. Such notification shall inform the obligated person of the opportunity for a conference with the county department pursuant to section 26-2-127 or 25.5-4-207, C.R.S., and of the opportunity for an appeal to the state department pursuant to section 26-2-127 or 26-2-304. In addition, the notice shall specify issues that may be raised at an evidentiary conference or on appeal, as provided by this subsection (2), by the obligated person in objecting to the offset and shall specify that the obligated person may not object to the fact that an overpayment occurred. A person who has received a notice pursuant to this subsection (2) shall request, within thirty days from the date such notice was mailed, an administrative review or evidentiary conference, as provided in this subsection (2).
(3) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108, C.R.S., the state department shall disburse such amounts to the appropriate county for processing for distribution to the federal, state, or local agency to whom the person is obligated.
(4) The state department shall promulgate rules and regulations, pursuant to article 4 of title 24, C.R.S., establishing procedures to implement this section.
(5) The home addresses and social security numbers of persons subject to the income tax refund offset, provided to the state department by the department of revenue, must be sent to the respective county department of human or social services.
C.R.S. § 26-2-134 Checks, drafts, or orders for payment of moneys for public assistance - identification of bearer
26-2-134. Checks, drafts, or orders for payment of moneys for public assistance - identification of bearer. (1) To prevent the fraudulent obtainment of public assistance, a person receiving any check, draft, or order for the payment of money issued for any payment for a public assistance program under this article may not cash or accept the check, draft, or order unless the bearer of the check, draft, or order presents proof of identification demonstrating that the bearer is the proper recipient of the public assistance payment. The recipient of the check, draft, or order shall provide notation on the check, draft, or order regarding the identification provided by the bearer.
(2) Proof of identification for a public assistance payment under subsection (1) of this section may be demonstrated only by the presentation of one of the following documents:
(a) A valid driver's license issued by any state;
(b) A valid identification card issued by any state or federal agency;
(c) A social security card;
(d) A military identification card issued by the armed forces of the United States;
(e) A valid passport issued by the United States;
(f) A valid county social services identification card; or
(g) A valid identification card issued by an employer.
(3) If any person cashes or accepts a check, draft, or order for the payment of money without proper identification in violation of the provisions of this section, the appropriate state agency may determine not to make payment on the check, draft, or order if there is an allegation of fraud regarding the check, draft, or order for the payment of money, and, if there is a determination that payment should not be made, the state and any state agency are not liable for payment of the check, draft, or order.
C.R.S. § 26-2-135 Medically correctable program - fund established - rules
26-2-135. Medically correctable program - fund established - rules. (1) On or before January 1, 1997, the state department shall make preparations for the implementation of a statewide medically correctable program, referred to in this section as the "program". Such preparations shall include but are not limited to staff training, policy development, and rule-making pursuant to article 4 of title 24, C.R.S.
(2) On and after January 1, 1997, the program shall be applicable to a person who:
(a) Has been approved for state aid to the needy disabled;
(b) Is determined to be unlikely to meet the disability criteria for supplemental security income;
(c) Has a disability that can be corrected with medical treatment at a cost that does not exceed twenty thousand dollars so that the person can return to employment; and
(d) Is not otherwise receiving workers' compensation benefits.
(3) The program shall consist of the following features:
(a) A process by which the state department shall determine whether a person qualifies to receive medical treatment so that the person can return to work;
(b) A set of procedures for monitoring a person's recovery from the medical treatment and return to work after participating in the program; and
(c) Annual reports to the joint budget committee and the house and senate committees on health and human services, or any successor committees, that identify the number of persons who received medical treatment pursuant to the program in the preceding fiscal year, their recovery rates and return to the workforce, and the amount of moneys spent on the program.
(4) The cost of the medical treatment identified in paragraph (c) of subsection (2) of this section shall not be a benefit for purposes of articles 40 to 47 of title 8, C.R.S.
(5) (Deleted by amendment, L. 99, p. 699, § 4, effective July 1, 1999.)
C.R.S. § 26-2-136 Personal identification systems for public assistance - committee to select methods
26-2-136. Personal identification systems for public assistance - committee to select methods. (Repealed)
C.R.S. § 26-2-137 Noncitizens programs
26-2-137. Noncitizens programs. (1) Emergency assistance. (a) (I) A general assistance fund is hereby established that shall consist of state general funds appropriated thereto by the general assembly. Moneys in the fund shall be used only for the purpose of providing emergency assistance pursuant to the provisions of this subsection (1) and shall be subject to annual appropriation by the general assembly.
(II) The state department shall allocate moneys in the fund described in subparagraph (I) of this paragraph (a) to the counties for the implementation of the emergency assistance program pursuant to the provisions of this subsection (1) and rules of the state department.
(b) The state department shall promulgate rules for the delivery of emergency assistance to a person who:
(I) Is a legal immigrant and a resident of the state of Colorado;
(II) Is not a citizen of the United States; and
(III) Meets the eligibility requirements for public assistance under this article other than citizen status and is not receiving any other public assistance under this article.
(c) Such emergency assistance may include but need not be limited to the following forms of assistance:
(I) Housing;
(II) Food;
(III) Short-term cash assistance; and
(IV) Clothing and social services for children.
(2) Sponsor responsibility policies. (a) The general assembly finds and declares that sponsors shall be expected to meet their moral and financial commitments to the immigrants whom they sponsor and for whom they sign affidavits of support.
(b) The state department shall promulgate rules consistent with this section and federal law to enforce sponsor commitments for noncitizen applicants for or recipients of public assistance or medical assistance.
(c) Enforcement mechanisms shall include but not be limited to the following:
(I) Income assignment;
(II) State income tax refund offset;
(III) State lottery winnings offset; and
(IV) Administrative lien and attachment.
(d) A recipient shall assign rights to any support under affidavits of support to the state of Colorado as a condition of receipt of public assistance or medical assistance under this title.
(e) To the extent not preempted by federal law, the state department shall commence a proceeding or an action to enforce duties under an affidavit of support within a period of time to be determined by the state board after a recipient for whom an affidavit of support has been signed has been approved for public assistance or medical assistance under this title.
C.R.S. § 26-2-138 Refugee services program - state plan - rules - definitions - repeal
26-2-138. Refugee services program - state plan - rules - definitions - repeal. (Repealed)
C.R.S. § 26-2-139 Food pantry assistance grant program - created - timeline and criteria - grants - definitions
26-2-139. Food pantry assistance grant program - created - timeline and criteria - grants - definitions. (Repealed)
C.R.S. § 26-2-140 Colorado diaper distribution program - diapering essentials - report - rules - definitions
26-2-140. Colorado diaper distribution program - diapering essentials - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Diaper distribution center" means a community-based diaper bank or distribution center operating in Colorado, a public health agency created pursuant to section 25-1-506, or a Colorado nonprofit organization with a minimum of three years' experience distributing baby or toddler products.
(b) "Diapering essentials" includes diapers, wipes, and diaper creams.
(c) "Eligible individual" means a parent, guardian, or family member of a child who wears diapers and resides in Colorado.
(d) "Program" means the Colorado diaper distribution program created in subsection (2) of this section.
(2) There is created in the state department the Colorado diaper distribution program to provide diapering essentials to eligible individuals.
(3) (a) No later than thirty days after July 6, 2021, the state department shall solicit interest and cost distribution proposals from diaper distribution centers to administer the program. Upon the state department's approval, the diaper distribution centers may subcontract money received pursuant to this section to their partners as necessary to serve eligible individuals. The selected diaper distribution centers must be operational no later than thirty days after entering into a contract with the state department. The selection process described in this subsection (3) is not subject to the "Procurement Code", articles 101 to 112 of title 24.
(b) Notwithstanding the requirement in subsection (3)(a) of this section, the selected diaper distribution centers may operate for not more than twelve months after which the state department must commence a selection process that complies with the "Procurement Code", articles 101 to 112 of title 24.
(4) The state department may promulgate rules for the implementation of this section.
(5) For the 2021-22 state fiscal year, the state department shall submit a preliminary report, and beginning in state fiscal year 2022-23, and each fiscal year thereafter, the state department shall report to the public through the annual hearing, pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. At a minimum, the report must include:
(a) The total number of diaper distribution centers contracted with the state department pursuant to subsection (3) of this section, including any subcontractors;
(b) The total amount of money awarded to each diaper distribution center;
(c) The location of each diaper distribution center and the counties served; and
(d) The total number of eligible individuals who received diapering essentials each year, disaggregated by each month.
(6) For state fiscal year 2021-22, the general assembly shall appropriate two million dollars from the general fund to the state department for use by the diaper distribution centers for the implementation of this section. The state department may use up to one hundred thousand dollars or seven and a half percent of any money appropriated by the general assembly for administrative costs incurred by the state department pursuant to this section.
C.R.S. § 26-2-141 High-quality work management system - implementation - funding - repeal
26-2-141. High-quality work management system - implementation - funding - repeal. (1) Beginning July 1, 2022, the state department shall begin work in partnership with counties toward implementation of a high-quality county work management system from joint state and county decisions informed by the joint agency interoperability system study. The work management system must be designed to provide a unified approach to efficiently and effectively serve county departments and clients of the state department. The state department shall provide a centralized process for county departments to request changes or customization in the work management system. If a county department's change or customization is approved, the state department shall have a mechanism to fulfill that request. The purpose of the work management system is to reduce administrative cost, streamline the application process for various benefit programs, and provide more time for better case management and improved access to program services that assist low-income households in purchasing healthy food, paying for medical expenses, and achieving economic stability.
(2) (a) For the 2022-23 state fiscal year, the general assembly shall appropriate three million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the state department for the purposes of implementing this section. Upon full utilization or expiration of the money appropriated from the economic recovery and relief cash fund pursuant to this subsection (2) for the work management system, the state department shall consider ongoing costs to operate and maintain the work management system.
(b) The use of money appropriated pursuant to this subsection (2) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The state department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(3) The state department shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(4) This section is repealed, effective September 1, 2027.
C.R.S. § 26-2-142 Colorado teen parent driver's license program - report - rules - definitions - appropriation
26-2-142. Colorado teen parent driver's license program - report - rules - definitions - appropriation. (1) As used in this section, unless the context otherwise requires:
(a) "Eligible individual" means an individual who is:
(I) Fifteen years of age or older and under twenty years of age; and
(II) A parent.
(b) "Program" means the teen parent driver's license program created in subsection (2) of this section.
(2) There is created in the state department the Colorado teen parent driver's license program to provide financial assistance for the cost of driver's education school training for eligible individuals and the cost to obtain a driver's license or permit.
(3) (a) The state department shall solicit interest and cost distribution proposals from teen parent organizations to administer the program. Upon the state department's approval, the teen parent organizations may subcontract with and pay money received pursuant to this section to the providers of the services as necessary to serve eligible individuals. The selected teen parent organizations must be operational no later than thirty days after entering into a contract with the state department.
(b) For purposes of selecting a teen parent organization before July 1, 2023, to administer the program, the selection process described in subsection (3)(a) of this section is not subject to the "Procurement Code", articles 101 to 112 of title 24. For purposes of selecting a teen parent organization on or after July 1, 2023, the state department shall commence a selection process that complies with the "Procurement Code", articles 101 to 112 of title 24.
(4) The state department may promulgate rules for the implementation of this section.
(5) For the 2022-23 state fiscal year, the state department shall submit a preliminary report, and beginning in state fiscal year 2023-24 and each fiscal year thereafter, shall report to the public through the annual hearing pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. At a minimum, the report must include:
(a) The total number of teen parent organizations contracted with the state department pursuant to subsection (3) of this section, including any subcontractors;
(b) The total amount of money awarded to each teen parent organization;
(c) The location of each teen parent organization and the counties served;
(d) The total number of eligible individuals who received driver's licenses each year, disaggregated by each month; and
(e) The total number of eligible individuals who received training from a driver's education school, disaggregated by each month.
(6) (a) For state fiscal year 2022-23, the general assembly shall appropriate one hundred thousand dollars from the general fund to the state department for use by the state department to implement this section. For the 2023-24 state fiscal year and each state fiscal year thereafter, the general assembly may appropriate money from the general fund to the state department for use by the state department to implement this section.
(b) The state department may use up to seven and one-half percent of any money appropriated by the general assembly for administrative costs incurred by the state department pursuant to this section.
C.R.S. § 26-2-143 Colorado commodity supplemental food grant program - creation - appropriation - rules - definitions
26-2-143. Colorado commodity supplemental food grant program - creation - appropriation - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Eligible entity" means a county public health agency, a district public health agency, a county department of human or social services, or a food bank that has a contract with the state department, but does not include a hunger-relief charitable organization, as defined in section 39-22-536 (1).
(b) "Food bank" means a charitable organization, exempt from federal income taxation under the federal "Internal Revenue Code of 1986", as amended, that acquires and distributes food and nonfood essentials to other hunger-relief programs.
(c) "Grant program" means the Colorado commodity supplemental food grant program created in subsection (2) of this section.
(d) "Qualifying low-income older Colorado adult" means an adult who is sixty years of age or older and whose household income is not more than one hundred thirty percent of the federal poverty level.
(2) There is created in the state department the Colorado commodity supplemental food grant program. The purpose of the grant program is to provide money to eligible entities for the cost of adding additional food to food packages and the cost of storing, transporting, and distributing food packages to qualifying low-income older Colorado adults.
(3) The state department shall administer the grant program. Subject to available appropriations, the state department shall pay grants out of money annually appropriated to the state department for the grant program pursuant to subsection (4) of this section. The state board shall adopt rules as necessary to implement the grant program, including:
(a) Timelines for application for, consideration of, and awarding grants;
(b) Criteria for awarding grants; and
(c) Any other matters necessary for successful operation of the grant program.
(4) For the 2023-24 state fiscal year, the general assembly shall appropriate one million dollars from the general fund to the state department for the grant program. Any unexpended or unencumbered money appropriated pursuant to this subsection (4) remains available for expenditure for the same purpose in the 2024-25 state fiscal year without further appropriation.
C.R.S. § 26-2-144 Food bank assistance grant program - creation - rules - definition
26-2-144. Food bank assistance grant program - creation - rules - definition. (Repealed)
C.R.S. § 26-2-145 Community food assistance provider grant program - creation - grants - definitions - repeal
26-2-145. Community food assistance provider grant program - creation - grants - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Colorado agricultural products" means all fruits, vegetables, grains, meats, and dairy products grown or raised in Colorado and minimally processed products or value-added processed products that meet the standards for the Colorado proud designation established by the state department of agriculture.
(b) (I) "Eligible entity" means either a food bank or food pantry.
(II) "Eligible entity" includes a faith-based organization.
(c) "Food bank" means a nonprofit charitable organization that is exempt from federal income taxation pursuant to the federal "Internal Revenue Code of 1986", as amended, whose primary purpose is to procure food from retailers, manufacturers, farmers and agricultural producers, individual donors, grocery stores, restaurants, and government channels and to store, transport, and distribute the procured food to other nonprofit charitable hunger relief organizations, including food pantries and hunger relief partner agencies in a defined geographic service area.
(d) "Food pantry" means a nonprofit charitable organization that is exempt from federal income taxation pursuant to the federal "Internal Revenue Code of 1986", as amended, whose primary purpose is to distribute food at no cost directly to individuals in need in the food pantry's local community and that typically receives most or all of its food from a partner food bank, including nonprofit partner agencies such as soup kitchens and homeless shelters.
(e) "Grant program" means the community assistance provider grant program created in subsection (2) of this section.
(2) There is created in the state department the community food assistance provider grant program. The purpose of the grant program is to aid eligible entities in the procurement and distribution of nutritious foods that meet the needs of the eligible entity's clientele.
(3) (a) The state department may contract with a third-party vendor to solicit, vet, award, and monitor grants. The selection of any vendor pursuant to this subsection (3)(a) is exempt from the requirements of the "Procurement Code", articles 101 to 112 of title 24.
(b) The state department is authorized to use up to five percent of the total funds appropriated to the grant program for the direct and indirect costs of administering and monitoring the grant program.
(4) (a) The state department or a third-party vendor shall award one or more grants to eligible entities as soon as practicable after July 1, 2024, using money appropriated to the grant program. In awarding grants, the state department shall, at a minimum, consider:
(I) Providing money to a wide array of eligible entities of different types and sizes;
(II) Ensuring that money goes directly to eligible entities that operate in a variety of regions throughout the state;
(III) The ability of each eligible entity to responsibly distribute the grant money in a timely manner;
(IV) The eligible entity's willingness to administer a client-needs survey as a vehicle for collecting input on the efficacy of its grant award; and
(V) The ability of the eligible entity to solicit and accept feedback from the state department to inform implementation of the grant program in the future.
(b) Grant awards, including those to joint applicants, must be at least two thousand five hundred dollars.
ble entity's willingness to administer a client-needs survey as a vehicle for collecting input on the efficacy of its grant award; and
(V) The ability of the eligible entity to solicit and accept feedback from the state department to inform implementation of the grant program in the future.
(b) Grant awards, including those to joint applicants, must be at least two thousand five hundred dollars.
(c) (I) To the extent practicable, food purchased by a grant recipient using grant money may be either:
(A) A Colorado agricultural product; or
(B) An agricultural product that holds cultural significance for Indigenous people, or for other cultures or subcultural groups, including the ways in which those agricultural products are produced.
(II) A grant recipient may use up to ten percent of the grant award to cover the direct expenses associated with the distribution of food, including:
(A) Transportation;
(B) Food delivery;
(C) Staff costs;
(D) Refrigeration; and
(E) Storage.
(III) A grant recipient shall not resell or apply other associated fees to the distribution of products purchased with money made available through a grant.
(5) Beginning in state fiscal year 2024-25, and each state fiscal year thereafter, the state department shall include as part of its "SMART Act" hearing required by section 2-7-203 a report that includes, at a minimum:
(a) The total number of eligible entities that applied for grants pursuant to this section;
(b) The total number of eligible entities that received a grant pursuant to this section;
(c) The total amount of money awarded to each eligible entity that received a grant pursuant to this section;
(d) The geographic locations of the eligible entities that received a grant pursuant to this section; and
(e) The estimated amount of food purchased and distributed to clientele for each eligible entity that received a grant pursuant to this section.
(6) This section is repealed, effective September 1, 2029.
C.R.S. § 26-2-201 Short title
26-2-201. Short title. This part 2 shall be known and may be cited as the "Colorado Supplemental Security Income Act".
C.R.S. § 26-2-202 Legislative declaration
26-2-202. Legislative declaration. (1) It is the intent of this part 2 to implement a state supplementation program pursuant to Title XVI of the social security act. It is the object and purpose of this part 2 to promote the public health and welfare of individuals who are residents of Colorado and whose need results from age, blindness, or disability with assistance and services to assist such individuals to attain or retain their capabilities for independence, self-care, and self-support.
(2) The state supplementation shall be accomplished by providing mandatory assistance, as defined in this part 2, where required and by providing optional supplementation in accordance with Title XVI of the social security act and regulations adopted by the state board, within available appropriations. Title XVI of the social security act currently permits, in the determination of eligibility for benefits under that title, the disregard of certain payments which a Title XVI recipient receives from a state or a political subdivision of a state. Those persons receiving benefits under Title XVI of the social security act who also meet the eligibility requirements fixed under part 1 of this article may receive a state supplement to their Title XVI benefits in the form of benefits provided under such part 1.
C.R.S. § 26-2-203 Definitions
26-2-203. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "December 1973 income" means the amount of assistance payment which an individual received for December, 1973, plus income used in computing such payment, according to the state plan approved by the United States department of health, education, and welfare for the state of Colorado as in effect for June, 1973.
(2) "Mandatory minimum state supplementation" means minimum payments required by the social security act to be made by the state to maintain certain former adult assistance recipients at their December 1973 income level.
(3) "Optional state supplement" means cash payments or special needs or both which are paid or provided to or on behalf of a supplemental security income recipient pursuant to the rules and regulations of the state board pursuant to part 1 of this article.
(4) "Special needs" means an amount to be paid to or on behalf of aged, blind, or disabled individuals in specified circumstances, as determined by the state board, for specified individualized needs.
(5) "SSI benefits" means cash payments made by the federal government to eligible aged, blind, or disabled individuals pursuant to Title XVI of the social security act.
C.R.S. § 26-2-204 Mandatory minimum state supplementation of SSI benefits
26-2-204. Mandatory minimum state supplementation of SSI benefits. The state department, with the approval of the state board, is authorized to enter into an agreement with the secretary of the United States department of health, education, and welfare whereby the state department will provide to qualified individuals residing in the state, within available appropriations, mandatory minimum state supplementation of SSI benefits in accordance with the requirements of Title XVI of the social security act and rules and regulations of the state department.
C.R.S. § 26-2-205 Optional state supplementation
26-2-205. Optional state supplementation. The state department is authorized to adopt rules and regulations for the provision of optional state supplementation to recipients of SSI benefits residing in the state, within available appropriations, in accordance with Title XVI of the social security act and this part 2. Such benefits may be provided pursuant to part 1 of this article if the individual meets the eligibility requirements established under such part 1. SSI benefits received must be considered as income in determining eligibility under part 1 of this article. Eligibility for and the amount of such payments shall be fixed by the state board. If the federal government makes a final determination that any such payments must be considered as income in determining eligibility for SSI benefits, the state board shall terminate such payments.
C.R.S. § 26-2-206 Interim assistance
26-2-206. Interim assistance. (1) The state department, with the approval of the state board and in accordance with the rules and regulations of the state department, is authorized to enter into an agreement with the secretary of the United States department of health, education, and welfare for implementation of arrangements for interim assistance as authorized by Title XVI of the social security act.
(2) Payment of legal, professional, or other fees by a recipient of public assistance who is seeking supplemental security income benefits shall be made in accordance with the policies and procedures of the social security act.
(3) Neither the state department nor any county shall pay any portion of costs associated with obtaining supplemental security income, including any legal, professional, or other fees paid by a recipient of public assistance in seeking supplemental security income benefits or any other federal benefit. The interim assistance reimbursement payment authorized under this section shall be used to reimburse the state aid to the needy disabled program, described in section 26-2-111 (4), for benefits paid to the recipient as interim assistance in accordance with the agreement between the state department and the social security administration. Any moneys received by a county in excess of the interim assistance paid by the state department and any county on behalf of the recipient shall be paid to the recipient.
C.R.S. § 26-2-207 Administration
26-2-207. Administration. (1) The provisions of article 1 of this title and, where not inconsistent with this part 2, the provisions of part 1 of this article shall apply to state supplementation under this part 2.
(2) The state department, with the approval of the state board and in accordance with the rules and regulations of the state department, may enter into agreements with the secretary of the United States department of health, education, and welfare to assist in the administration of Title XVI of the social security act and this part 2.
C.R.S. § 26-2-208 Federal requirements
26-2-208. Federal requirements. Nothing in this part 2 shall be construed to prevent the state department from complying with federal requirements expressly provided by federal law in order for the state of Colorado to qualify for federal funds under the social security act.
C.R.S. § 26-2-209 Limitations
26-2-209. Limitations. All benefits granted under this part 2 shall be granted and held subject to the provisions of any amending or repealing law that may be passed after July 1, 1975, and no recipient shall have any claim for compensation or otherwise by reason of his supplementation benefits being affected in any way by any amending or repealing law.
C.R.S. § 26-2-210 State supplemental security income stabilization fund - creation
26-2-210. State supplemental security income stabilization fund - creation. (1) There is hereby created in the state treasury the state supplemental security income stabilization fund, referred to in this section as the "stabilization fund", for the purpose of stabilizing the source of funding required to meet the federal requirements for maintenance of effort for the state-funded supplement to persons receiving SSI benefits. The stabilization fund shall consist of any excess moneys recovered due to overpayment of recipients, including regular, fraud, and interim assistance reimbursement recoveries, and any appropriations made to the stabilization fund by the general assembly. The moneys in the stabilization fund are hereby continuously appropriated to the state department to be expended on programs that count toward the maintenance of effort for the state supplemental security income as specified in the state plan when the state department determines that the state is at risk of not meeting the federal maintenance of effort for that calendar year. All interest and income derived from the investment and deposit of moneys in the stabilization fund shall be credited to the stabilization fund. At the end of any fiscal year, an amount not exceeding twenty percent of the total appropriation for the applicable fiscal year in the annual general appropriations bill for the program for aid to the needy disabled shall remain in the stabilization fund as a continuous appropriation to be used to meet the state's maintenance of effort requirements under this part 2, and any unexpended and unencumbered moneys remaining in the stabilization fund at the end of any fiscal year in excess of an amount equal to twenty percent of the total appropriation for the applicable fiscal year in the annual general appropriations bill for the program for aid to the needy disabled shall revert to the general fund.
(2) The state department shall submit a report to the joint budget committee by February 15 of each year. The report shall indicate whether expenditures were made from the stabilization fund, the aggregate monthly amount of any expenditures, and the particular programs for which the expenditures were made.
(3) Notwithstanding subsection (1) of this section, on June 30, 2020, the state treasurer shall transfer one million eight hundred eighty-seven thousand one hundred sixteen dollars from the stabilization fund to the general fund.
C.R.S. § 26-2-301 Food stamps - administration
26-2-301. Food stamps - administration. (1) The state department is hereby designated as the single state agency to administer or supervise the administration of the food stamp program in this state in cooperation with the federal government pursuant to the federal "Food Stamp Act", as amended, and this part 3.
(2) The state department, with the approval of the state board, may enter into an agreement with the secretary of the United States department of agriculture to accept federal food assistance benefits for disbursement to qualified households in accordance with federal law. Under state department supervision, the responsibility for disbursement may be delegated, under agreement, to county departments, United States postal service facilities, or other commercial facilities such as but not limited to banks.
(3) The food stamp program shall be implemented and administered in every county in the state by the respective county departments or by the state department pursuant to an agreement with one or more counties. If a county can demonstrate to the satisfaction of the state department that it is impossible or impractical for the county department to administer the program, the state department shall ensure that the program is implemented and administered within such county, and the county shall continue to meet the requirements of section 26-1-122.
(4) (a) The state department shall develop a state outreach plan, referred to in this section as the "outreach plan", to promote access by eligible persons to benefits through the supplemental nutrition assistance program. The outreach plan shall meet the criteria established by the food and nutrition services agency of the United States department of agriculture for approval of state outreach plans. The state department is authorized to seek and accept gifts, grants, and donations to develop and implement the outreach plan.
(b) For purposes of developing and implementing an outreach plan, the state department shall partner with one or more counties and nonprofit organizations for the development and implementation of the outreach plan. If the state department enters into a contract with a nonprofit organization relating to the outreach plan, the contract may specify that the nonprofit organization is responsible for seeking sufficient gifts, grants, or donations necessary for the development and implementation of the outreach plan, and may additionally specify that any costs to the state associated with the award and management of the contract or the implementation or administration of the outreach plan shall be paid out of any private or federal moneys raised for the development and implementation of the outreach plan. The state department shall submit the outreach plan to the food and nutrition services agency for approval by September 1, 2010, and shall request any federal matching moneys that may be available upon approval of the outreach plan. The general assembly strongly encourages the state department to use any additional public or private moneys, including moneys from the federal 2010 department of defense appropriations bill to offset costs associated with increased caseload resulting from the implementation of an outreach plan.
(c) Notwithstanding the provisions of paragraph (a) or (b) of this subsection (4), the state department shall be exempt from implementing or administering an outreach plan, but not from developing an outreach plan, if the state department will not be receiving private or federal moneys sufficient to cover the state's costs associated with the implementation and administration of the outreach plan, including any state or county costs associated with increased caseload resulting from the implementation of the outreach plan.
(5) The provisions of article 1 of this title and, where not inconsistent with this part 3, the provisions of part 1 of this article shall apply to federal food assistance benefits under this part 3.
C.R.S. § 26-2-301.5 Performance standards - incentives - sanctions
26-2-301.5. Performance standards - incentives - sanctions. (1) (a) In implementing the supplemental nutrition assistance program, the state department and county departments shall endeavor to exceed federal performance measures in the following areas:
(I) Application processing timeliness;
(II) Payment error rate; and
(III) Case and procedural error rate.
(b) If the state department receives federal performance bonus money as a result of meeting the federal performance measures set forth in paragraph (a) of this subsection (1), the state department shall pass the federal performance bonus money through to the county departments; except that a county department shall only receive that portion of federal performance bonus money attributable to the county department's performance.
(c) In addition to federal performance bonus money, subject to available appropriations for purposes of this paragraph (c), the state may award state-funded administration performance bonuses to county departments.
(d) The state department, county departments, and any additional parties identified by the state department and county departments, shall mutually agree upon a method and formula for distributing to county departments any federal performance bonus money pursuant to paragraph (b) of this subsection (1) and any state-funded administration performance bonuses pursuant to paragraph (c) of this subsection (1). Performance bonuses may be used by county departments for the administration of the supplemental nutrition assistance program upon receipt of federal approval of the county departments' plans.
(2) (a) The state department shall pass through to the county departments any monetary sanctions imposed by the federal government for failing to meet federal performance measures in any of the following areas:
(I) Application processing timeliness;
(II) Payment error rate; and
(III) Unresolved compliance issues over which the county department has control, as mutually determined by the state department and county departments based upon analysis of validated data, specific to a county department's responsibilities in administering the supplemental nutrition assistance program, including claim discrepancies.
(b) The state department, county departments, and any additional parties identified by the state department and county departments, shall mutually agree upon a method and formula for charging to county departments any federal monetary sanction for failing to meet performance measures pursuant to paragraph (a) of this subsection (2); except that a county department shall only be responsible for the portion of a federal monetary sanction attributable to the county department's performance relating to activities within the county department's control, as mutually determined by the state department and county departments based upon analysis of validated data.
C.R.S. § 26-2-302 Federal requirements
26-2-302. Federal requirements. Nothing in this article shall be construed to prevent the state department from complying with federal requirements for the food stamp program expressly provided by federal statute and regulation in order for the state of Colorado to qualify for federal funds under the federal "Food Stamp Act", as amended, and to maintain the food stamp program within the limits of available appropriations.
C.R.S. § 26-2-303 Evidentiary conference
26-2-303. Evidentiary conference. (Repealed)
C.R.S. § 26-2-304 Appeals - recoveries - rules
26-2-304. Appeals - recoveries - rules. (1) The provisions of section 26-2-127, relating to appeals, and section 26-2-128, relating to recoveries, apply to the food stamp program, except when such sections conflict with federal statute or regulation or when a specific conflict with federal statute or regulation is not clearly present and the state department elects by regulation to follow federal statute or regulation.
(2) Notwithstanding subsection (1) of this section, section 26-2-127 (1)(a)(I), and section 24-4-105 (14)(a)(I), for purposes of the food stamp program, the state department may promulgate rules requiring any party to file a notice of intent to file exceptions with the state department, in writing, within five days after service of the initial decision upon the party, or otherwise forgo the ability to file exceptions.
C.R.S. § 26-2-305 Fraudulent acts - penalties
26-2-305. Fraudulent acts - penalties. (1) (a) Any person who obtains, or any person who aids or abets another to obtain, food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered to which the person is not entitled, or food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program commits the crime of theft, which crime shall be classified in accordance with section 18-4-401 (2), C.R.S., and which crime shall be punished as provided in section 18-1.3-401, C.R.S., if the crime is classified as a felony, or section 18-1.3-501, C.R.S., if the crime is classified as a misdemeanor. Any person violating the provisions of this subsection (1) is disqualified from participation in the food stamp program for one year for a first offense, two years for a second offense, and permanently for a third or subsequent offense. Any person convicted of trafficking in food stamp coupons as described in this subsection (1) having a value of five hundred dollars or more shall be permanently disqualified from the food stamp program.
(b) Any person found by the agency or convicted in a court of law of having made a fraudulent statement or representation with respect to the identity or place of residence of the person in order to receive multiple benefits simultaneously under the food stamp program shall be disqualified from participating for a ten-year period.
(c) Any person found guilty by a court of law of purchasing controlled substances, as defined in section 18-18-102 (5), C.R.S., with food stamp benefits shall be disqualified from participation in the food stamp program for two years for a first offense and permanently disqualified for the second offense. The disqualification periods shall apply also to individuals with a felony conviction entered on or after July 1, 1997, for possession, use, or distribution of controlled substances if the conviction is directly related to the misuse of food stamp benefits. An individual shall not be ineligible due to a drug conviction unless misuse of food stamp benefits is part of the court findings.
(d) Any person who is found guilty by a court of law of trading ammunition or explosives for food stamp benefits is disqualified permanently from participating in the food stamp program.
(e) A state or federal court may extend a disqualification for up to an additional eighteen months. Such disqualifications are mandatory and are in addition to any other penalty imposed by law.
(1.5) Any person against whom a county department of human or social services or the state department obtains a civil judgment in a state or federal court of record in this state based on allegations that the person obtained or willfully aided and abetted another to obtain food stamp coupons or authorization to purchase cards or an electronic benefits transfer card or similar credit card-type device through which food stamp benefits may be delivered the value of which is greater than that to which the person is justly entitled by means of a willfully false statement or representation, or by impersonation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program, is disqualified from participation in the food stamp program for one year for a first incident, two years for a second incident, and permanently for a third or subsequent incident. Such disqualifications are mandatory and are in addition to any other remedy available to a judgment creditor.
personation, or by any other fraudulent device with intent to defeat the purposes of the food stamp program, is disqualified from participation in the food stamp program for one year for a first incident, two years for a second incident, and permanently for a third or subsequent incident. Such disqualifications are mandatory and are in addition to any other remedy available to a judgment creditor.
(2) If, at any time during the continuance of participation in the food stamp program, the recipient of food stamp coupons or authorization to purchase cards knowingly acquires any property or receives any increase in income or property, or both, in excess of that declared at the time of determination or redetermination of eligibility or if there is any other change in circumstances affecting the recipient's eligibility or the amount of food stamp coupons or authorization to purchase cards to which he or she is entitled, it is the duty of the recipient to notify the county department, or the state department in food stamp districts administered by the state department, of any such acquisition, receipt, or change in accordance with state department regulations; and any recipient of food stamp coupons or authorization to purchase cards who knowingly fails to do so, and who by such failure receives benefits in excess of those to which he or she was in fact entitled, commits a petty offense and shall be punished as provided in section 18-1.3-503.
(3) The county department, or the state department in food stamp districts administered by the state department, shall use an application form which contains appropriate and conspicuous notice of the penalties for fraud and shall deliver to each recipient with the first issuance of food stamp coupons or authorization to purchase cards and each redetermination thereafter a written notice explaining what changes in circumstances require notification to the county department or state department under subsection (2) of this section.
(4) Additional costs incurred by district attorneys in enforcing this section, in accordance with the rules of the state department, shall be billed to county departments in the judicial district in the proportion to each county as specified in section 20-1-302, C.R.S., and the county departments shall pay such costs as an expense of food stamp administration.
C.R.S. § 26-2-305.5 Categorical eligibility - repeal
26-2-305.5. Categorical eligibility - repeal. (1) As used in this section, unless the context otherwise requires, "federal law" means the federal "Food and Nutrition Act of 2008", and any amendments to the act and any federal regulations adopted for the implementation of the act.
(2) (a) No later than October 1, 2010, the state department shall create a program or policy that, in compliance with federal law, establishes broad-based categorical eligibility for federal food assistance benefits pursuant to the supplemental nutrition assistance program.
(b) At a minimum, the program or policy shall, to the extent authorized pursuant to federal law, eliminate the asset test for eligibility for federal food assistance benefits.
(3) Notwithstanding any provisions of subsection (2) of this section to the contrary, the provisions of this section shall take effect only if the state department receives moneys pursuant to the federal 2010 department of defense appropriations bill that may be used to implement this section.
C.R.S. § 26-2-306 Trafficking in food stamps
26-2-306. Trafficking in food stamps. (1) Any person who obtains, uses, transfers, or disposes of food stamps in the manner specified in paragraphs (a) to (c) of this subsection (1) commits the offense of trafficking in food stamps. A person who traffics in food stamps includes:
(a) Any bona fide recipient of food stamps, or his authorized representative who knowingly transfers food stamps to another who does not, or does not intend to, use the said food stamps for the benefit of the food stamp household for whom the food stamps were intended as the same is defined in the rules and regulations of the state department;
(b) Any person who knowingly acquires, accepts, uses, or transfers to another for consideration food stamps not issued to him or an authorized representative or to a member of a food stamp household of which he is a member by the state department or another authorized issuing agency in another state;
(c) Any person who knowingly receives, possesses, alters, transfers, or redeems food stamps received, used, or transferred in violation of any federal statute.
(2) Trafficking in food stamps is:
(a) (Deleted by amendment, L. 2007, p. 1696, § 15, effective July 1, 2007.)
(b) A petty offense if the amount is less than three hundred dollars;
(b.5) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;
(b.7) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;
(c) A class 6 felony if the amount is two thousand dollars or more but less than five thousand dollars;
(d) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;
(e) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;
(f) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and
(g) A class 2 felony if the amount is one million dollars or more.
(3) When a person commits the offense of trafficking in food stamps twice or more within a period of six months, two or more of the offenses may be aggregated and charged in a single count, in which event the offenses so aggregated and charged shall constitute a single offense.
(4) As used in this section, "food stamps" means coupons issued pursuant to the federal "Food Stamp Act", 7 U.S.C. 2011 to 2029, as amended.
C.R.S. § 26-2-307 Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal
26-2-307. Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal. (1) (a) On and after July 1, 2024, the state department shall implement a program to make fuel assistance payments by crediting the fuel assistance payments to recipients' electronic benefits transfer service accounts. If a recipient already receives cash assistance from another state public assistance program, then the fuel assistance payment may be issued through the same payment mechanism as the other cash assistance that the recipient receives.
(b) (I) The state department shall make the fuel assistance payments to eligible households that receive SNAP benefits but that do not receive assistance under LEAP in order to qualify those households for the standard utility allowance to maximize their SNAP benefits.
(II) To help the state department maximize the number of households that are receiving both the SNAP and LEAP benefits and facilitate the identification of those households that receive SNAP benefits and qualify for the fuel assistance payments, the state department shall develop a database connection between the LEAP eligibility system and the Colorado benefits management system.
(III) Repealed.
(III.5) (A) For the 2022-23 state fiscal year, the general assembly shall appropriate two million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the state department for the purposes of implementing this section.
(B) The use of money appropriated pursuant to this subsection (1)(b)(III.5) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The state department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).
(C) This subsection (1)(b)(III.5) is repealed, effective September 1, 2027.
(IV) Repealed.
(V) On or before April 1, 2024, and on or before April 1 of each year thereafter, the state department shall submit a budget to the organization and the commission to include the state department's administrative costs to implement the program, including the cost to issue payments to recipients' electronic benefits transfer cards for payments made pursuant to subsection (1)(a) of this section, and the projected number of eligible households that the state department identifies as receiving SNAP benefits but that are not receiving assistance under LEAP, including an estimated number of new SNAP cases that the state department will approve during the upcoming federal fiscal year. Based on the budget that the state department submits, the organization shall:
(A) Calculate the amount of money from the energy assistance system benefit charge collected pursuant to section 40-8.7-104 (2.5) that it allocates as part of its budget prepared pursuant to section 40-8.7-108 (3) for use by the state department to make fuel assistance payments and to implement the program;
(B) Transmit the money to the state department on or before July 1, 2024, and on or before July 1 of each year thereafter.
(c) to (e) Repealed.
stance system benefit charge collected pursuant to section 40-8.7-104 (2.5) that it allocates as part of its budget prepared pursuant to section 40-8.7-108 (3) for use by the state department to make fuel assistance payments and to implement the program;
(B) Transmit the money to the state department on or before July 1, 2024, and on or before July 1 of each year thereafter.
(c) to (e) Repealed.
(f) On or before October 1, 2022, the state department shall submit a budget to the organization and the commission to cover the state department's administrative costs to set up the program. Based on the budget that the state department submits, the organization shall:
(I) Calculate the amount of money from the energy assistance system benefit charge collected pursuant to section 40-8.7-104 (2.5) that it allocates as part of its budget prepared pursuant to section 40-8.7-108 (3) for use by the state department to set up the program; and
(II) Transmit the money to the state department on or before March 1, 2023.
(2) (a) The supplemental utility assistance fund, referred to in this subsection (2) as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to section 40-8.7-108 (2)(b) and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c) Money in the fund is continuously appropriated to the state department for use in accordance with subsection (1) of this section.
(3) As used in this section, unless the context otherwise requires:
(a) "Commission" means the legislative commission on low-income energy and water assistance created in section 40-8.5-103.5 (1).
(b) "Electronic benefits transfer service" or "EBT" means the service that the state department implements pursuant to section 26-2-104 (2) to administer the delivery of public assistance payments and food stamps to recipients.
(c) "Fuel assistance payment" means an annual payment that, when made to an eligible household identified pursuant to subsection (1) of this section, makes that household eligible to receive the standard utility allowance.
(d) "LEAP" means the low-income energy assistance program specified in section 26-2-122.5.
(e) "Organization" has the meaning set forth in section 40-8.7-103 (4).
(f) "Outside funds" means:
(I) Federal funds; or
(II) Gifts, grants, or donations from public or private sources.
(g) "Program" means the fuel assistance payment program implemented under subsection (1)(a) of this section.
(h) "SNAP" means the supplemental nutrition assistance program established pursuant to this part 3.
(i) "Standard utility allowance" means the heating and cooling standard utility allowance authorized in the federal supplemental nutrition assistance program regulations promulgated by the food and nutrition service in the United States department of agriculture.
C.R.S. § 26-2-308 Colorado employment first - supplemental nutrition assistance program - federal match - legislative declaration - definition - repeal
26-2-308. Colorado employment first - supplemental nutrition assistance program - federal match - legislative declaration - definition - repeal. (Repealed)
C.R.S. § 26-2-309 Summer electronic benefits transfer for children program - creation - rules - legislative declaration - definitions - repeal
26-2-309. Summer electronic benefits transfer for children program - creation - rules - legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that:
(I) Programs that provide summer food benefits to students from low-income households are proven to reduce childhood hunger and improve diet quality, and they help to ensure that students return to classrooms in the fall ready to learn;
(II) The United States congress recently created the federal summer electronic benefits transfer for children program as a permanent program to provide nutritional benefits to eligible students for the months when students are not in school;
(III) States that administer the federal summer electronic benefits transfer for children program will be able to provide a federally funded benefit of forty dollars, adjusted for inflation, per eligible student per summer month in the form of cash-like benefits on an electronic benefits card to purchase food from retail food stores that are approved to participate in the federal supplemental nutrition assistance program;
(IV) By participating in the federal summer electronic benefits transfer for children program, Colorado will receive reimbursement for fifty percent of the state's administrative costs; and
(V) Under the federal summer electronic benefits transfer for children program, over three hundred thousand Colorado students will gain access to food benefits, totaling between thirty to thirty-five million dollars in federally funded benefits.
(b) The general assembly, therefore, declares it is necessary for the state to authorize and provide resources to the department of human services and the department of education to develop and administer the summer electronic benefits transfer for children program.
(2) As used in this section, unless the context otherwise requires:
(a) "National school breakfast program" means the federal school breakfast program created in 42 U.S.C. sec. 1773, as amended.
(b) "National school lunch program" means the federal school lunch program created in the "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq, as amended.
(c) "School food authority" means the governing body that is responsible for the administration of one or more schools and has the legal authority to operate the national school lunch program or national school breakfast program or would otherwise be approved by the United States department of agriculture food and nutrition service to operate the national school lunch program or national school breakfast program.
(d) "Summer electronic benefits transfer for children program" or "program" means the federal summer electronic benefits transfer for children program created in the federal "Consolidated Appropriations Act, 2023", Pub.L. 117-328 and subsection (3) of this section.
(3) (a) The summer electronic benefits transfer for children program is created in the state department. The purpose of the program is to provide summer food benefits to eligible students in low-income households during summer months when students are not in school pursuant to federal law. Eligible students may receive a federally funded benefit in an amount prescribed by federal law in the summer months through cash-like benefits on an electronic benefits card to purchase food from retail food stores that are approved to participate in the federal supplemental nutrition assistance program.
(b) The state department is designated as the lead agency to administer the program in the state, in cooperation with the federal government pursuant to the federal "Consolidated Appropriations Act, 2023", Pub.L. 117-328. The state department may enter into an agreement with the secretary of the United States department of agriculture food and nutrition service to accept federal program benefits and disburse benefits to qualified households pursuant to federal law.
er the program in the state, in cooperation with the federal government pursuant to the federal "Consolidated Appropriations Act, 2023", Pub.L. 117-328. The state department may enter into an agreement with the secretary of the United States department of agriculture food and nutrition service to accept federal program benefits and disburse benefits to qualified households pursuant to federal law.
(c) The department of education is designated as the partner agency for the program.
(4) (a) To administer the program, the state department shall:
(I) Establish eligibility criteria and distribute benefits consistent with federal law;
(II) Develop procedures to pursue claims for benefit recovery;
(III) Develop an outreach plan and conduct outreach to community-based organizations and households;
(IV) Develop and provide resources, training, and technical assistance to local community-based organizations, including, but not limited to, family resource centers, as defined in section 26.5-3-102; nonprofit organizations; and emergency food providers and specifically to local community-based organizations located in rural areas, to conduct outreach and provide support and information to parents, legal guardians, and emancipated students seeking to access program benefits;
(V) Develop and provide resources and technical assistance, including providing contact information for local community-based organizations described in subsection (4)(a)(IV) of this section, to local education providers and school food authorities, specifically local education providers and school food authorities located in rural areas; and
(VI) Promulgate rules to manage household and administrative errors and any other rules necessary to comply with federal law.
(b) To administer the program, the department of education shall:
(I) Develop an outreach plan and conduct outreach to local education providers, as defined in section 22-16-103, and school food authorities; and
(II) Provide technical assistance to school food authorities, specifically school food authorities located in rural areas.
(c) The state department and the department of education shall jointly:
(I) Develop protocols for the sharing of relevant data necessary for the administration of the program and outreach to households with students who are eligible for the program;
(II) Streamline data collection; and
(III) Develop and provide an opt-out process for parents, legal guardians, and emancipated students, to the extent allowable pursuant to the federal requirements for the program.
(5) (a) Each school food authority shall provide to the department of education the minimum student-level data necessary to gather and maintain eligibility information required for the program by the United States department of agriculture food and nutrition service. The department of education shall share the data with the state department for the administration of the program.
(b) In collecting data from school food authorities pursuant to subsection (5)(a) of this section, the department of education is not subject to the advance notice data reporting requirement described in section 22-2-306 (3)(a).
es department of agriculture food and nutrition service. The department of education shall share the data with the state department for the administration of the program.
(b) In collecting data from school food authorities pursuant to subsection (5)(a) of this section, the department of education is not subject to the advance notice data reporting requirement described in section 22-2-306 (3)(a).
(c) The data described in this subsection (5) must be available to the state department and the department of education for a period not to exceed federal retention requirements. As required by federal or state law, the data must be treated as protected personally identifiable information consistent with the federal "Family Educational Rights and Privacy Act of 1974", 20 U.S.C. sec. 1232g, as amended; the "Student Data Transparency and Security Act", article 16 of title 22; and all other applicable state and federal laws.
(6) This section does not prevent the state department or the department of education from complying with the federal requirements for the program pursuant to federal law and regulation for the state to qualify for federal funds and to maintain the program within the limits of available appropriations.
(7) (a) For fiscal years 2023-24 and 2024-25, the state department and the department of education are exempt from the requirements of the "Procurement Code", articles 101 to 112 of title 24, when selecting vendors to implement and administer the program.
(b) This subsection (7) is repealed, effective July 1, 2026.
(8) (a) For state fiscal year 2023-24, the general assembly shall appropriate at least three million one hundred forty thousand four hundred twelve dollars to the state department from the general fund for purposes of this section. Any money appropriated pursuant to this subsection (8)(a) that is not expended prior to July 1, 2024, remains available for expenditure for the same purpose in the 2024-25 state fiscal year without further appropriation.
(b) For state fiscal year 2024-25, the general assembly shall appropriate at least one million eight hundred thousand three hundred twenty-three dollars for purposes of this section. Any money appropriated pursuant to this subsection (8)(b) that is not expended prior to July 1, 2025, remains available for expenditure for the same purpose in the 2025-26 state fiscal year without further appropriation.
C.R.S. § 26-2-701 Short title
26-2-701. Short title. This part 7 shall be known and may be cited as the "Colorado Works Program Act".
C.R.S. § 26-2-702 Legislative intent
26-2-702. Legislative intent. (1) The general assembly hereby finds and declares that:
(a) Passage of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Pub.L. 104-193, and the federal "Deficit Reduction Omnibus Reconciliation Act of 2005", Pub.L. 109-171, gives the state a unique opportunity to develop and maintain a public assistance program that emphasizes placing recipients in work and supporting them in sustained employment with food stamps, child care assistance, and medicaid;
(b) The federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Pub.L. 104-193, and the federal "Deficit Reduction Omnibus Reconciliation Act of 2005", Pub.L. 109-171, require increased local input in developing the state plan for public assistance under these laws and allow increased local control over the implementation of such state plan;
(c) The federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Pub.L. 104-193, and the federal "Deficit Reduction Omnibus Reconciliation Act of 2005", Pub.L. 109-171, require additional training for local employees in the area of case management to assist in making recipients self-sufficient.
(2) Therefore, the general assembly finds and declares that it is in the state's best interests to adopt the Colorado works program set forth in this part 7.
C.R.S. § 26-2-703 Definitions
26-2-703. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Repealed.
(2) "Assistance" means any ongoing assistance payment or short-term assistance payment as those terms are described in section 26-2-706.6.
(2.5) "Assistance unit" means those family members who are participants in the Colorado works program and who are receiving cash assistance.
(3) "Basic cash assistance grant" means cash assistance provided to a participant in the Colorado works program pursuant to section 26-2-709.
(3.5) (a) "Cash assistance" means cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs such as food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. "Cash assistance" includes such benefits even when they are:
(I) Provided in the form of payments by a TANF agency, or other agency on its behalf, to individual participants; and
(II) Conditioned on participation in a work activity or community service.
(b) Except as otherwise excluded in paragraph (c) of this subsection (3.5), "cash assistance" also includes supportive services provided to families who are not employed such as transportation and child care.
(c) "Cash assistance" does not include:
(I) Nonrecurrent, short-term benefits that:
(A) Are designed to address a specific crisis situation or episode of need;
(B) Are not intended to meet recurrent or ongoing needs; and
(C) Will not extend beyond four months;
(II) Work subsidies such as payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training;
(III) Supportive services such as child care and transportation provided to families who are employed;
(IV) Refundable earned income tax credits;
(V) Contributions to, and distributions from, individual development accounts;
(VI) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and
(VII) Transportation benefits provided under a job access or reverse commute project to an individual who is not otherwise receiving assistance.
(4) "Colorado child care assistance program" means the state program of child care assistance implemented pursuant to the provisions of part 1 of article 4 of title 26.5 and rules of the executive director of the department of early childhood.
(5) "Colorado works program" or "works program" means the program of public assistance created in this part 7.
(5.5) "Controlled substance" means a substance, a drug, or an immediate precursor included in schedules I to V of part 2 of article 18 of title 18, and any "alcohol beverage" as defined in section 44-3-103 (2).
(5.7) "Countable income" means the receipt by an individual of a gain or benefit in cash or in kind during a calendar month that is used to determine eligibility and the benefit amount for the Colorado works program as specified by the state board.
(6) "County" means a county or a city and county.
(7) "County block grant" means a block grant provided to a county pursuant to the provisions of section 26-2-712.
(8) "County department" means:
(a) A county department of human or social services or health and human services of a county or a city and county; or
the benefit amount for the Colorado works program as specified by the state board.
(6) "County" means a county or a city and county.
(7) "County block grant" means a block grant provided to a county pursuant to the provisions of section 26-2-712.
(8) "County department" means:
(a) A county department of human or social services or health and human services of a county or a city and county; or
(b) Any combination of county departments of human or social services that are approved by the state department to implement a county block grant jointly pursuant to the provisions of section 26-2-718.
(8.5) "Deficit reduction omnibus reconciliation act" means the federal "Deficit Reduction Omnibus Reconciliation Act of 2005", Pub.L. 109-171, as amended.
(9) "Dependent child" means a person who resides with a parent or a specified caretaker and who is under the age of eighteen years or, if the person is a full-time student at a secondary school or vocational or technical equivalent and is reasonably expected to complete the school or vocational or technical equivalent before attaining the age of nineteen years, is under nineteen years.
(9.5) "Disqualified or excluded person" means a person who would otherwise be a member of an assistance unit but who is rendered ineligible to participate due to program prohibitions.
(10) "Federal law" means the personal responsibility and work opportunity reconciliation act, the deficit reduction omnibus reconciliation act, and any federal regulations adopted for the implementation of either act.
(10.2) "Guardian" means a person appointed by court order to be the guardian of another person.
(10.5) "Income" means any cash, payments, wages, in-kind receipts, inheritance, gifts, prizes, rents, dividends, interest, and other gain or benefit in cash or in kind received by members of an assistance unit.
(11) "Indian tribe" means a federally recognized Indian tribe with part or all of its reservation located in the state of Colorado.
(12) "Individual responsibility contract" or "IRC" means the contract entered into by the participant and the county department pursuant to section 26-2-708.
(13) Repealed.
(13.5) "Noncustodial parent", as defined in 45 CFR 260.30, means a person who:
(a) Is the parent of a minor child; and
(b) Lives in Colorado; and
(c) Does not live in the same household as the minor child.
(13.7) "Ongoing assistance" means any cash grant, benefit, service, or other form of temporary assistance designed to meet an eligible family's ongoing needs.
(14) "Parent" means either a biological parent or a parent by adoption.
(15) "Participant" means an individual who receives any assistance or who participates in a specific component of the Colorado works program.
(16) "Performance contract" means the performance-based contract executed by the state department and the board of county commissioners of each county or the boards of county commissioners of a group of counties pursuant to section 26-2-715.
(17) "Personal responsibility and work opportunity reconciliation act" means the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Pub.L. 104-193, as amended.
(17.5) "Program prohibitions" means a circumstance that, pursuant to this part 7 or federal law, renders an individual unable to participate in the Colorado works program.
(17.7) "Qualified alien" means a qualified alien as defined by rule of the state board in conformance with the personal responsibility and work opportunity reconciliation act.
(17.8) "Receipt" or "receipt of income" means the date on which income is actually received by or becomes legally available to a member of an assistance unit.
individual unable to participate in the Colorado works program.
(17.7) "Qualified alien" means a qualified alien as defined by rule of the state board in conformance with the personal responsibility and work opportunity reconciliation act.
(17.8) "Receipt" or "receipt of income" means the date on which income is actually received by or becomes legally available to a member of an assistance unit.
(18) "Reservation" means the Ute Mountain Ute Indian Reservation and the Southern Ute Indian Reservation in Colorado.
(18.2) "Short-term assistance" means a nonrecurrent, short-term benefit that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and does not extend beyond four months.
(18.3) "Specified caretaker" means:
(a) A person who exercises responsibility for a dependent child and who is:
(I) A relative by blood, marriage, or adoption who is within the fifth degree of kinship to the dependent child; or
(II) Appointed by the court to be the guardian or the legal custodian of the dependent child; or
(b) A person who exercises responsibility for a dependent child within the person's home if there is no person described in paragraph (a) of this subsection (18.3).
(18.5) "Targeted spending level" means the amount of county funds that a county shall appropriate pursuant to the provisions of section 26-1-122 for the purpose of defraying the county's maintenance of effort requirement for the works program.
(19) "Temporary assistance for needy families" or "TANF" means the program of block grants from the federal government to the states to implement assistance programs pursuant to federal law.
(20) "Tribal member" means an enrolled member of either the Ute Mountain Ute or Southern Ute Indian tribes.
(21) "Work activities" shall have the same definition as is provided in federal law. The state board shall promulgate rules as necessary to further define "work activities" in accordance with the definition provided in federal law. Participants shall be considered to be engaged in work if they are participating in work activities as described in the federal law or if they are participating in other work activities designed to lead to self-sufficiency as determined by the county and as outlined in their IRC.
(22) "Work participation rate" means the percentage of participants who are involved in work activities as required statewide under federal law.
(23) "Works allocation committee" means the committee created pursuant to section 26-2-714 (6).
C.R.S. § 26-2-704 No individual entitlement
26-2-704. No individual entitlement. (1) Nothing in this part 7 or in any rules promulgated pursuant to this part 7 shall be interpreted to create a legal entitlement in any participant to assistance provided pursuant to the works program.
(2) No county administering or implementing the works program with moneys from a county block grant as provided in section 26-2-714 may create or shall be deemed to create a legal entitlement in any participant to assistance provided pursuant to the works program.
C.R.S. § 26-2-705 Works program - purposes
26-2-705. Works program - purposes. (1) (a) Effective July 1, 1997, the Colorado works program is implemented pursuant to the personal responsibility and work opportunity reconciliation act and is intended to comply with the express requirements for participation in the TANF block grant program.
(b) Effective January 1, 2009, the Colorado works program is amended to ensure implementation in compliance with the deficit reduction omnibus reconciliation act.
(2) The purposes of the works program are to:
(a) Assist participants toward self-sufficiency, economic mobility, and family safety and stability by promoting job preparation, work, and marriage;
(b) Provide assistance to needy families so that children may be cared for in their homes or in the homes of family members;
(c) Prevent and reduce the incidence of pregnancies of unmarried individuals and to establish annual numerical goals for preventing and reducing the incidences of these pregnancies;
(d) Encourage the formation and maintenance of two-parent families;
(e) Develop strategies and policies that focus on supporting participants in the participants' employment and career goals, removing barriers to employment for participants, and ensuring that the state is able to meet work participation rates specified in the federal law; and
(f) Allow the counties increased responsibility for the administration of the works program.
(3) Nothing in this part 7 is intended to prevent a county or municipality from implementing a public assistance or general assistance program with local funds.
C.R.S. § 26-2-706 Target populations
26-2-706. Target populations. (1) (a) Subject to the provisions of this section and restrictions in the federal law, those persons or families who may receive assistance under the Colorado works program include:
(I) Dependent children under the age of eighteen;
(II) (A) Dependent children between the ages of eighteen and nineteen who are full-time students in a secondary school, home school, or in the equivalent level of vocational or technical training and expected to complete the program before age nineteen. Such children are eligible for assistance through the end of the month in which they complete the program. A dependent child is still considered to be a student in regular attendance during official school or training program vacation periods, absences due to illness, convalescence, or family emergency, or the month in which the child completes a school or training program.
(B) For purposes of this subparagraph (II), "regular attendance" means that the student is enrolled in a program of study or training leading to a certificate or diploma and is physically attending such program or training; "full-time attendance" means that the student is attending school for a minimum of twenty-five hours per week, or an amount of time as specified by the school; and "half-time attendance" means that the student is attending school for a minimum of twelve hours per week, or an amount of time as specified by the school; and
(III) The parents of a dependent child, including expectant parents, or a specified caretaker with whom the dependent child is living.
(a.5) In addition to the eligibility requirements set forth in paragraph (a) of this subsection (1), in order to receive Colorado works benefits and assistance, the assistance unit shall include a dependent child who lives in the home of a parent or other specified caretaker. A dependent child is considered to be living in the home of a specified caretaker as long as the parent or other specified caretaker exercises responsibility for the care of the child even though one or more of the following occurs:
(I) The child is under the jurisdiction of the court; or
(II) Legal custody is held by an agency that does not have physical possession of the child; or
(III) The child is in regular attendance at school away from home; or
(IV) Either the child or the specified caretaker is temporarily absent from the home to receive medical treatment; or
(V) The child is in a voluntary foster care placement for a period not expected to exceed three months.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the state board shall promulgate rules to provide that two-parent families shall be treated the same as single-parent families under the provisions of this section.
(c) Notwithstanding the provisions of paragraph (a) of this subsection (1), the state board shall promulgate rules to provide that half siblings residing in the same household not be required to be in the same assistance unit if at least one of the half siblings is receiving child support. In such circumstance, the half sibling receiving child support shall be given the option to not participate in Colorado works.
(d) The state board shall promulgate rules to provide that a noncustodial parent may be allowed to receive services under the Colorado works program, but not assistance, at a county's option and in accordance with the county's plan. Such services provided to a noncustodial parent pursuant to this paragraph (d) shall be intended to promote the sustainable employment of the noncustodial parent and enable such parent to pay child support. Provision of such services shall not negatively impact the eligibility for benefits or services of the custodial parent.
(1.5) To participate in the Colorado works program an applicant or person shall:
(a) Be a resident of Colorado;
parent pursuant to this paragraph (d) shall be intended to promote the sustainable employment of the noncustodial parent and enable such parent to pay child support. Provision of such services shall not negatively impact the eligibility for benefits or services of the custodial parent.
(1.5) To participate in the Colorado works program an applicant or person shall:
(a) Be a resident of Colorado;
(b) Be a citizen of the United States, a qualified alien who entered the United States prior to August 22, 1996, or a qualified alien who entered the United States on or after August 22, 1996, who has been in a qualified alien status for a period of five years or, if less than five years, is in a federal exempt category pursuant to 8 U.S.C. sec. 1613 (b), as amended;
(c) Not be receiving financial assistance from other financial assistance programs administered by the state of Colorado;
(d) Not be an inmate of a public institution, except as a patient in a public medical institution;
(e) Not be an inmate of any institution as a patient admitted for tuberculosis or a behavioral or mental health disorder, unless the person is a child under the age of twenty-one years receiving psychiatric care under medicaid;
(f) Not be participating in a labor strike;
(g) Provide a social security number or proof of application for a social security number if the social security number is unknown or if the applicant does not have a social security number;
(h) Provide verification of earned income received in the thirty days immediately prior to the date of application; and
(i) Provide verification of pregnancy, if applicable.
(2) (a) The state department shall promulgate rules to identify with specificity who may be a participant in the works program and the income requirements for participation in the works program. An asset test shall not be applied as a condition of eligibility for participation in the works program.
(b) The rules shall provide that an unmarried parent under eighteen years of age shall not receive assistance unless such unmarried parent resides with his or her parent or other specified caretaker in an adult-supervised home or in any other arrangement approved by the county department.
(c) In determining the income requirements pursuant to subsection (2)(a) of this section, the state department shall use an income conversion ratio for converting weekly and biweekly income to a monthly amount using the lowest ratio or methodology that results in the lowest monthly income amount allowable under federal law.
(3) A person convicted of a drug-related felony offense under the laws of this state, any other state, or the federal government on or after June 3, 1997, is eligible for assistance under the works program.
(4) The state board shall promulgate rules to simplify the requirements relating to determination and verification of eligibility criteria. Eligibility processes from other public assistance or entitlement programs may be used when redetermining and verifying eligibility. When possible, the state board is strongly encouraged to align redetermination and verification timelines with other public assistance or entitlement programs. Nothing in this subsection (4) authorizes the state board to amend or delete eligibility criteria for participation in the works program that the board is not otherwise authorized to amend or delete.
(5) and (6) (Deleted by amendment, L. 2010, (SB 10-068), ch. 160, p. 549, § 3, effective January 1, 2011.)
C.R.S. § 26-2-706.5 Restrictions on length of participation - rules
26-2-706.5. Restrictions on length of participation - rules. (1) Unless cash assistance is provided through segregated funds pursuant to federal law and section 26-2-714, as of June 3, 1997, each month of cash assistance received by an assistance unit that includes a specified caretaker who has received assistance under Title IV-A of the social security act, as amended, shall count toward that specified caretaker's sixty-month lifetime maximum of TANF benefits as established in federal law.
(2) Any month in which a specified caretaker is determined to be a disqualified or excluded person from a basic cash assistance grant shall count as a month of participation in the calculation of the specified caretaker's overall sixty-month lifetime maximum.
(3) (a) The county department shall, where available and applicable, provide for or refer a disqualified or excluded person to other appropriate services, including services that may assist the person toward self-sufficiency.
(b) Nothing in this subsection (3) shall be construed to create any entitlement for services or to require any county to expend resources in addition to existing appropriations.
(4) No later than July 1, 2023, the state board shall promulgate rules:
(a) Establishing statewide standards and procedures that require counties to offer extensions beyond the sixty-month lifetime maximum for all households that demonstrate good cause, which includes, but is not limited to, an applicant or participant who is:
(I) A child-only case;
(II) The head of a single parent household unit and has a child under one year of age; or
(III) Experiencing hardship, as defined in rules promulgated by the state board; and
(b) To address how the state will monitor extensions in relation to requirements under the federal law.
C.R.S. § 26-2-706.6 Payments and services under Colorado works - rules
26-2-706.6. Payments and services under Colorado works - rules. (1) Subject to the provisions of federal law, rules promulgated by the state board pursuant to this section, and available appropriations, the payment types and services specified in this section are available to participants in the Colorado works program.
(2) Ongoing assistance payment. An assistance unit that applies and is eligible for ongoing assistance shall, unless voluntarily and knowingly refused, receive cash assistance, which is a recurrent cash payment. In addition to a cash payment, an eligible assistance unit may also receive cash assistance in the form of a cash-equivalent payment, voucher, or other form of cash benefit that is designed to meet the basic ongoing needs of the persons in the assistance unit. Basic ongoing needs shall consist of food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. In addition to cash assistance, persons in an assistance unit that is eligible for ongoing assistance may receive supportive services as described in this section.
(3) Short-term assistance payment. A participant may choose to receive a short-term assistance payment, formerly referred to as a diversion payment, which is a nonrecurrent, needs-based, cash or cash-equivalent payment designed to meet the short-term needs of the participant. A short-term assistance payment is designed to address a specific crisis situation or episode of need and is not designed to meet the basic ongoing needs of the participant. A short-term assistance payment may not extend beyond four months. In addition to a short-term assistance payment, a participant who is eligible for short-term assistance may receive supportive services as described in subsection (4) of this section. Short-term assistance payments include the following types:
(a) A standard short-term assistance payment, formerly referred to as a state diversion payment, is a nonrecurrent, needs-based, cash or cash-equivalent payment made to a participant who is eligible for short-term assistance.
(b) An expanded short-term assistance payment, formerly referred to as a county diversion payment, is a nonrecurrent, needs-based, cash or cash-equivalent payment made to a participant who is eligible for assistance pursuant to the maximum eligibility criteria for nonrecurrent, short-term benefits established in the state plan pursuant to section 26-2-712 (1), in the county-defined expanded eligibility based on federal poverty and other standardized guidelines, and in county policies.
(4) Supportive services. (a) An eligible participant may receive supportive services, including but not limited to:
(I) Work subsidies such as payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training;
(II) Supportive services such as child care and transportation provided to families who are employed;
(III) Refundable earned income tax credits;
(IV) Contributions to, and distributions from, individual development accounts;
(V) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and
(VI) Transportation benefits provided under a job access or reverse commute project to an individual who is not otherwise receiving assistance.
(b) A county may provide supportive services directly to an eligible participant or through a contract or memorandum of understanding between the county department and another agency, including but not limited to another county department or a community provider.
nsportation benefits provided under a job access or reverse commute project to an individual who is not otherwise receiving assistance.
(b) A county may provide supportive services directly to an eligible participant or through a contract or memorandum of understanding between the county department and another agency, including but not limited to another county department or a community provider.
(c) The state board shall promulgate rules pursuant to which a county shall provide referrals for available supportive services to persons who apply for assistance and to participants who are homeless or in need of mental health services or substance abuse counseling or services. The rules shall not obligate the county to pay for any supportive services to which a person who applies for ongoing assistance or short-term assistance or a participant is referred.
(5) Individual development accounts. A county department may make available opportunities for participants to have individual development accounts for home purchase, business capitalization, or higher education in accordance with federal law.
(6) Child care assistance. Subject to available appropriations and pursuant to rules promulgated by the executive director of the department of early childhood, a county may provide child care assistance to a participant pursuant to the provisions of part 1 of article 4 of title 26.5 and rules promulgated by the executive director of the department of early childhood for implementation of said part 1.
(7) Substance abuse control program. A county may elect to implement a Colorado works controlled substance abuse control program. Under such a program, if the use of a controlled substance prevents the participant from successfully participating in his or her work activity, the county department may require the participant to participate in a controlled substance abuse control program based in whole or in part upon a representation by the participant that he or she is using controlled substances or upon a finding by the county department pursuant to an assessment by a certified substance use disorder treatment provider that the participant is or is likely to be using controlled substances. If a county chooses to require the participant to participate in a controlled substance abuse control program, the county department shall:
(a) Require the participant to be assessed by a certified substance use disorder treatment provider and to follow a rehabilitation plan as a condition of continued receipt of assistance under the works program. The rehabilitation plan must be based upon the assessment and developed by a certified substance use disorder treatment provider, and may include, but need not be limited to, participation in a substance use disorder treatment program. This subsection (7)(a) does not create an entitlement to rehabilitation services or to payment for rehabilitation services.
(b) If required by the rehabilitation plan, conduct random testing of the participant to determine whether he or she is remaining free of controlled substances; and
der, and may include, but need not be limited to, participation in a substance use disorder treatment program. This subsection (7)(a) does not create an entitlement to rehabilitation services or to payment for rehabilitation services.
(b) If required by the rehabilitation plan, conduct random testing of the participant to determine whether he or she is remaining free of controlled substances; and
(c) Impose on the participant any applicable adverse action for nonparticipation in a work activity if the participant fails to follow the rehabilitation plan, which nonparticipation may be evidenced by having a positive result on a random test or refusing to participate in a random test pursuant to this subsection (7). A county may not take adverse action against a participant for failing to meet the requirements of the rehabilitation plan if the services required under the plan are not available, if transportation or child care is not available, or if the costs of the services are prohibitive.
(8) Job skills education voucher. A county department may provide a voucher created pursuant to the provisions of section 26-2-712 (11) to a participant for use at one of the community or technical colleges administered pursuant to the provisions of article 60 of title 23, C.R.S., for the purpose of securing short-term educational and academic skills training and job placement services.
(9) Repealed.
C.R.S. § 26-2-707 Diversion grant
26-2-707. Diversion grant. (Repealed)
C.R.S. § 26-2-707.5 Community resources investment assistance
26-2-707.5. Community resources investment assistance. (1) A county department may use county block grant moneys to invest in the development of community resources that support the purposes of the federal "Personal Responsibility and Work Opportunity Reconciliation Act", Public Law 104-193, and that are designed to assist eligible applicants or participants under section 26-2-706 or 26-2-706.6. An eligible applicant or participant may receive benefits or services from such a community resource without completing an application pursuant to section 26-2-106 or an individual responsibility contract pursuant to section 26-2-708 (2). However, nothing in this subsection (1) precludes a county department from requiring such applications and individual responsibility contracts in a county's individual contracting procedures established pursuant to subsection (2) of this section.
(2) The state board shall establish standards and procedures through rules for the use of county block grant moneys pursuant to this section including but not limited to the contracting procedures counties must follow to ensure that funds are being spent to support TANF-eligible applicants or participants. Such contracting procedures shall include a requirement that a county's contract with a provider shall specify the approximate number of applicants or participants to be served by the provider. Counties shall also be required to adopt official written policies as referenced in section 26-2-716 (2.5) regarding the types of community resources in which counties are investing, the purposes of such community resource investments, the income eligibility standards, and the county's dispute resolution processes.
(3) A county that uses county block grant moneys pursuant to this section shall use all moneys in accordance with all applicable federal and state statutes and regulations.
(4) A county shall not be authorized to use funds pursuant to this section for the purpose of supplanting funds.
(5) Nothing in this section shall preclude a household from applying for and receiving basic cash assistance.
C.R.S. § 26-2-707.7 Information concerning immunization of children
26-2-707.7. Information concerning immunization of children. At the time of application for the works program, the county department shall provide information concerning immunizations to all applicants, including the exemptions listed in section 25-4-903, C.R.S. The information shall include parent education on vaccines and information concerning where to access vaccines in the local community. The department of public health and environment or the county or district public health agency shall provide the immunization information to the county department.
C.R.S. § 26-2-708 Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules
26-2-708. Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules. (1) Subject to the provisions of the federal law, the provisions of this section, and available appropriations, a county department shall perform an assessment for a new participant who is eighteen years of age or older, or who is sixteen years of age or older but has not yet attained the age of eighteen years of age and has not completed high school or successfully completed a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., and is not attending high school or participating in a high school equivalency examination program. The initial assessment must be completed no more than thirty days after the submission of the application for assistance under the works program. Updated assessments may be conducted at the discretion of the county department.
(2) A county department shall develop an individual responsibility contract for a new participant who has been assessed pursuant to subsection (1) of this section, within thirty days after completing the initial assessment of the participant as required in subsection (1) of this section, subject to the provisions of the federal law and this section. The IRC shall be limited in scope to matters relating to securing and maintaining training, education, or work. The county department shall seek the input and involvement of the participant when developing the IRC.
(3) The IRC shall contain provisions in bold print at the beginning of the document that notify the participant of the following:
(a) That no individual is legally entitled to any form of assistance under the Colorado works program;
(b) That the IRC is a contract that contains terms and conditions governing the participant's receipt of assistance under the Colorado works program and that nothing in such contract may be deemed to create a legal entitlement to assistance under the Colorado works program;
(c) That the participant's failure to comply with the terms and conditions of the IRC may result in sanctions, including but not limited to the termination of any cash assistance;
(d) For a county that has elected to implement a Colorado works controlled substance abuse control program described in section 26-2-706.6 (7), that the IRC may require the participant to participate in the Colorado works controlled substance abuse control program, based upon the participant's use of a controlled substance, by requiring the participant to take action toward rehabilitation consistent with the recommendations of the assessment pursuant to section 26-2-706.6 (7). The program may be included as a county-defined work activity. The rehabilitation plan may include random drug testing, drug treatment, or other rehabilitation activities. The participant may be subject to any sanctions for nonparticipation in a work activity if the participant fails to meet the requirements of the rehabilitation plan; except that a participant may not be sanctioned for failing to meet the requirements of the rehabilitation plan if services required under the plan are not available, if transportation or child care is not available, or if the costs of the services are prohibitive.
(e) That the applicant or participant shall indicate by signature on the IRC either agreement with the terms and conditions of the IRC or that the applicant or participant requests a county level review of the proposed IRC in accordance with section 26-2-710 (4) on the grounds that the proposed IRC is unreasonable within the context of the county's written policies.
(4) (Deleted by amendment, L. 99, p. 272, § 1, effective April 13, 1999.)
(5) The state board shall establish through rules, after consultation with domestic violence service providers, statewide standards and procedures that:
eview of the proposed IRC in accordance with section 26-2-710 (4) on the grounds that the proposed IRC is unreasonable within the context of the county's written policies.
(4) (Deleted by amendment, L. 99, p. 272, § 1, effective April 13, 1999.)
(5) The state board shall establish through rules, after consultation with domestic violence service providers, statewide standards and procedures that:
(a) Require counties to provide notice to all past or present victims of domestic violence as described in the federal law or those at risk of further domestic violence of the referrals required pursuant to paragraph (b) of this subsection (5), the possible waivers pursuant to paragraph (c) of this subsection (5), and the applicable procedures described in paragraph (e) of this subsection (5);
(b) Require counties to provide for referrals to any available counseling and supportive services to past or present victims of domestic violence as described in the federal law or those at risk of further violence, but the rules shall not obligate a county to pay for any counseling or supportive services to which a participant is referred;
(c) Allow counties upon a showing of good cause, as determined by rules of the state board, to provide waivers from any program requirements, except as provided in paragraph (d) of this subsection (5), that will make it more difficult for an applicant or a participant to escape domestic violence or that would unfairly penalize such individuals who are or have been victimized by such violence or who are at risk of further violence;
(d) Require counties to submit requests for waivers of work requirements to the state department to determine whether good cause exists to grant such waivers;
(e) Require counties to assure the voluntariness and confidentiality of the procedures for identifying eligibility for referrals to supportive services and waivers, the procedures for applying for waivers, and the procedures by which an applicant or a participant who is denied a waiver may appeal such decision.
(5.3) (a) No later than July 1, 2023, the state board shall promulgate rules:
(I) Establishing statewide standards and procedures that require counties to inform and not penalize any applicant or household that demonstrates good cause for an exemption from work requirements, which includes, but is not limited to, an applicant or participant who is:
(A) The head of a single-parent household unit and has a child under one year of age; or
(B) Experiencing hardship, as defined in rules promulgated by the state board; and
(II) Ensuring equal access to TANF services for those exempted who wish to participate on a voluntary basis.
(b) When promulgating rules pursuant to this subsection (5.3), the state board shall consider compliance with the federal law in relation to the calculation of the state's work participation rates specified in the federal law.
(5.5) and (6) (Deleted by amendment, L. 2008, p. 1957, § 9, effective January 1, 2009.)
C.R.S. § 26-2-708.5 Colorado works controlled substance abuse control program
26-2-708.5. Colorado works controlled substance abuse control program. (Repealed)
C.R.S. § 26-2-709 Benefits - cash assistance - programs - rules - repeal
26-2-709. Benefits - cash assistance - programs - rules - repeal. (1) Standard of need - basic cash assistance grant. (a) The state department shall promulgate rules determining the standard of need for eligibility for a basic cash assistance grant, whether an applicant or participant meets the standard of need, and the amount of the basic cash assistance grant. The state department shall annually review and promulgate rules as necessary to update the standard of need to ensure the standard of need is equitable, promotes economic mobility and self-sufficiency, and reflects the current economic situations in the state. In addition to any other rules necessary for the implementation of this part 7, the state department's rules shall:
(I) Adopt a statewide standard of need for eligibility for a basic cash assistance grant that is not less than the basis for standard of need pursuant to this subsection (1) as it existed on July 1, 2009;
(II) Establish criteria for determining whether an applicant or participant meets the standard of need, including but not limited to what constitutes countable and excludable income for the purposes of eligibility for a basic cash assistance grant;
(III) No later than July 1, 2023, establish the calculation for determining the amount of an eligible applicant's or participant's basic cash assistance grant, which calculation must include an earned income disregard that is applied to the gross countable earned income of an applicant or participant who is employed and a gradual step down of the amount of income disregarded following the initial earned income disregard. The initial earned income disregard and gradual step down must promote work and self-sufficiency, be responsive to family circumstances and need, and benefit the applicant or participant by reducing the unintended economic consequences of becoming employed. The rules promulgated by the state department pursuant to this subsection (1)(a)(III) must not establish an earned income disregard that results in an applicant or participant having fewer financial resources available to the applicant or participant than a similarly situated applicant or participant would have had under the earned income disregard pursuant to section 26-2-709 as it existed on July 1, 2009.
(IV) Establish the calculation for determining the amount of the basic cash assistance grant, which calculation shall disregard current child support payments made to a participant pursuant to section 26-2-111 (3)(a.5). However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility for the grant.
(b) (I) In establishing the calculation for determining the amount of an eligible applicant's or participant's basic cash assistance grant, the state department shall ensure that the amount of the basic cash assistance grant that a participant or applicant receives for the state fiscal year commencing July 1, 2022, is equal to or exceeds one hundred percent of the amount of basic cash assistance in 2021, plus ten percent. For the state fiscal year commencing July 1, 2024, and each state fiscal year thereafter, the amount of basic cash assistance must be equal to or exceed the amount of basic cash assistance for the previous state fiscal year plus a two percent cost of living adjustment or a cost of living adjustment that is equal to the average of the federal social security administration's cost of living adjustment for that fiscal year plus the previous two fiscal years, whichever is greater.
(II) (A) On July 1, 2022, the state treasurer shall transfer twenty-one million five hundred thousand dollars from the economic recovery and relief cash fund, created in section 24-75-228, to the Colorado long-term works reserve to cover any increase in basic cash assistance pursuant to this section above the amount of basic cash assistance in state fiscal year 2021-22.
ars, whichever is greater.
(II) (A) On July 1, 2022, the state treasurer shall transfer twenty-one million five hundred thousand dollars from the economic recovery and relief cash fund, created in section 24-75-228, to the Colorado long-term works reserve to cover any increase in basic cash assistance pursuant to this section above the amount of basic cash assistance in state fiscal year 2021-22.
(B) The money transferred pursuant to subsection (1)(b)(II)(A) of this section must be expended in accordance with section 24-75-226 (4)(d).
(C) This subsection (1)(b)(II) is repealed, effective July 1, 2027.
(III) (A) Beginning state fiscal year 2023-24, and each state fiscal year thereafter, to cover any increase in basic cash assistance pursuant to this section above the total spending of basic cash assistance in state fiscal year 2021-22, the state department shall first expend any money remaining that is transferred to the Colorado long-term works reserve pursuant to subsection (1)(b)(II) of this section. The state department shall then expend money in an amount equal to one-third of the amount necessary to cover any such increase in basic cash assistance from available TANF funds, which must include funds in the Colorado long-term works reserve and the total statewide county TANF reserve, and an amount equal to two-thirds of the amount necessary to cover any such increase in basic cash assistance that the general assembly appropriates to the state department from the state general fund or any other available fund, including the Colorado long-term works reserve, in accordance with section 26-2-721 (5). The state department and counties shall identify an equitable portion of the Colorado long-term works reserve and total statewide county TANF reserve for the implementation of this subsection (1)(b)(III)(A). The general assembly shall appropriate money to the state department for the implementation of this subsection (1)(b)(III)(A).
(B) If the total statewide county TANF reserve falls below fifteen percent of the county block grant amount, the general assembly shall appropriate money from the Colorado long-term works reserve to the county block grant until the balance of the total statewide county TANF reserve exceeds fifteen percent of the county block grant amount or until the Colorado long-term works reserve falls below twenty-five percent of the state block grant amount.
(C) If the Colorado long-term works reserve falls below twenty-five percent of the state block grant amount and the total statewide county TANF reserve exceeds fifteen percent of the county block grant amount, the counties shall fund the TANF program from available TANF funds until the total statewide county TANF reserve falls below fifteen percent of the county block grant amount. Counties are only required to spend available TANF money, including county TANF reserves and the maintenance of effort, for the Colorado works program.
(IV) Beginning January 2023, and each January thereafter, the joint budget committee shall at least annually review the balance of the Colorado long-term works reserve and the total statewide county TANF reserve, and, if the joint budget committee determines that the balance of the Colorado long-term works reserve will fall below twenty-five percent of the state block grant amount and the balance of the total statewide county TANF reserve will fall below fifteen percent of the county block grant amount in the current or next state fiscal year, the general assembly shall appropriate money from the state general fund or the unclaimed property trust fund to cover any increase in basic cash assistance above the amount of basic cash assistance in state fiscal year 2021-22 until the balance of the Colorado long-term works reserve exceeds twenty-five percent of the state block grant amount and the total statewide county TANF reserve exceeds fifteen percent of the county block grant amount.
om the state general fund or the unclaimed property trust fund to cover any increase in basic cash assistance above the amount of basic cash assistance in state fiscal year 2021-22 until the balance of the Colorado long-term works reserve exceeds twenty-five percent of the state block grant amount and the total statewide county TANF reserve exceeds fifteen percent of the county block grant amount.
(V) The state department and a county department that receives money from the state department pursuant to this section shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(c) Except as otherwise provided in this part 7 and subject to available appropriations, an applicant or participant who meets the eligibility criteria established by the state department pursuant to paragraph (a) of this subsection (1) shall receive a basic cash assistance grant in an amount determined by the state department pursuant to paragraphs (a) and (b) of this subsection (1). An increase in the amount of the basic cash assistance grant approved by the state department shall not take effect unless the funding for the increase is included in the annual general appropriation act or a supplemental appropriation act.
(d) Repealed.
(e) Beginning July 1, 2021, and each year thereafter, the joint budget committee of the general assembly shall review the sustainability of the Colorado long-term works reserve created in section 26-2-721.
(1.3) Redetermination of eligibility for persons receiving cash assistance. The state board shall promulgate rules that require county departments to perform a redetermination of eligibility for all assistance units receiving cash assistance. Eligibility processes from other public assistance or entitlement programs may be used when redetermining eligibility. When possible, the state board is strongly encouraged to align redetermination timelines with other public assistance or entitlement programs.
(1.5) Rules concerning cash assistance. The state department shall promulgate rules as may be necessary to comply with changes in federal regulations relating to the definition of the term "cash assistance".
(2) Other assistance. (a) Subject to available appropriations, a county department may provide assistance, including but not limited to cash assistance, in addition to the basic cash assistance grant described in subsection (1) of this section that is authorized pursuant to the provisions of the federal law or this section. Such other assistance shall be based upon a participant's assessed needs.
(b) and (c) (Deleted by amendment, L. 2008, p. 1960, § 11, effective January 1, 2009.)
(3) (Deleted by amendment, L. 2008, p. 1960, § 11, effective January 1, 2009.)
C.R.S. § 26-2-709.5 Exit interviews and follow-up interviews of participants - reporting
26-2-709.5. Exit interviews and follow-up interviews of participants - reporting. (1) In order to follow the legislative intent declared in section 26-2-702 (1)(a), a county department is strongly encouraged to contact each participant using each method of communication provided by the participant in order to conduct exit and follow-up interviews upon case closure, either in person or by telephone, including participants who are or have been receiving short-term assistance payments pursuant to section 26-2-706.6. The interviews shall be conducted in accordance with state department guidance for the purpose of:
(a) Evaluating the participant's experience with the works program;
(b) Evaluating how well the works program met the participant's needs and assisted the participant in meeting the participant's goals;
(c) Informing the state department of any changes to rules that are needed to improve the participant's experience; and
(d) Providing information to the participant and offering assistance with applications for or continuance of assistance under medicaid, food stamps, the Colorado child care assistance program, the earned income tax credit, or other programs such as welfare-to-work or other county benefits or services.
(2) If the state department, in consultation with counties, identifies additional need for funding to administer the works program, the state department is strongly encouraged to request state general fund money or, if the balance of the state TANF reserve is greater than the mandatory floor, appropriate additional state TANF money to fund counties' administration of the works program.
(3) Beginning January 2023, and each January thereafter, the state department shall submit a report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203, on the effectiveness of the works program. To the extent practicable, the state department may request a county department to provide any information and data that may be necessary to develop the report, including information and data from exit interviews conducted by the county departments pursuant to subsection (1) of this section. Any data used must protect personal identifying information of the participants and the participants' family members. At a minimum, the report must include:
(a) The total number of participants enrolled in the works program in the previous fiscal year, disaggregated by case type, race, and ethnicity;
(b) The total number of participants who exited and re-enrolled in the works program one or more times in the previous fiscal year, disaggregated by case type, race, and ethnicity;
(c) The total number of instances a participant exited and re-enrolled in the works program one or more times in the previous fiscal year, disaggregated by case type, race, and ethnicity;
(d) The total number of months each participant remained enrolled in the works program in the previous fiscal year, disaggregated by case type, race, and ethnicity; and
(e) To the extent practicable, data gathered through surveys and exit interviews with participants in the works program regarding participants' experience with the program, beliefs about the goals of the program, perceptions of how participation in the program contributed to the family goals, reasons for leaving the program, current employment status and wage rate, and supportive services provided and whether those services have been impacted by increases in basic cash assistance.
(4) The state department may review and consider information technology solutions for the implementation of this section.
C.R.S. § 26-2-710 Administrative review
26-2-710. Administrative review. (1) The state department shall promulgate rules for an administrative review process.
(2) All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department.
(3) If a participant does not agree with or fails to participate in a program or service identified in the IRC, the participant shall continue to receive the basic cash assistance grant that the participant received at the time the appeal is requested during the pendency of any appeal process.
(4) An applicant or participant who believes the IRC proposed by the county is unreasonable has a right to request a review of the proposed IRC by the county department pursuant to a process designated by the county in its written county policy. If the applicant or participant requests such review, the county shall provide the applicant or participant the opportunity for a county level review by a person not directly involved in the initial determination. The review shall be limited to determining whether the terms of the disputed IRC are reasonable within the context of the county's written policy. The reviewer shall issue a written decision for the county regarding the resolution of the outstanding issues involving the proposed IRC. The time frame for such review shall be specified by the county in its written county policy.
C.R.S. § 26-2-711 Works program - sanctions against participants - rules
26-2-711. Works program - sanctions against participants - rules. (1) (a) The state board shall promulgate rules for the imposition of sanctions affecting the basic cash assistance grant as described in section 26-2-709 (1). The rules must require:
(I) Imposition of sanctions upon a participant who fails, without good cause as determined by the county, to comply with the terms and conditions of his or her IRC;
(II) A reduction in the basic cash assistance grant upon the first imposition of a sanction affecting a basic cash assistance grant, with the amount to be specified in the rules but not to exceed one dollar;
(III) Specific reductions in the basic cash assistance grant for second and subsequent sanctions affecting the basic cash assistance grant;
(IV) Imposition of sanctions either in the month following the decision to sanction and in subsequent months thereafter until the full amount of any sanctions have been withheld or, in the event that a participant has appealed the imposition of a sanction, in the month following the final decision of the appeal process and in subsequent months thereafter until the full amount of any sanctions have been withheld.
(b) Nothing in the state board rules promulgated pursuant to paragraph (a) of this subsection (1) shall prevent a county from denying the basic cash assistance grant in its entirety to a participant who refuses, as evidenced by an affirmative statement by the participant or demonstrable evidence, to participate in training, education, or work.
(c) The state board rules promulgated pursuant to paragraph (a) of this subsection (1) shall establish the period of time that sanctions affecting the basic cash assistance grant shall be in effect and the period of time within which a participant who has been denied the basic cash assistance grant by a county pursuant to paragraph (b) of this subsection (1) may take action for reinstatement into the works program.
(2) A county shall have the authority to determine and impose sanctions affecting other assistance as described in section 26-2-706.6. The sanctions shall be based upon fair and objective criteria that have been developed and adopted by the county and are consistent with state and federal law.
(3) If a county department elects to suspend payment of child care assistance, it may suspend such assistance in its entirety.
(4) In no event shall a county department impose any sanction on a participant that adversely affects the participant's receipt of food stamps beyond those allowable sanctions provided for in federal regulations and state rules or medical assistance pursuant to the provisions of articles 4, 5, and 6 of title 25.5, C.R.S.
(5) (a) A person shall not be required to participate in work activities if good cause exists as determined by the county.
(b) Good cause does not constitute an exemption from work or time limits. Good cause is, however, a proper basis for not imposing a sanction for nonparticipation in a work activity, and may include, but need not be limited to, participation in a Colorado works controlled substance abuse control program pursuant to section 26-2-706.6 (7).
(6) (Deleted by amendment, L. 2008, p. 1963, § 13, effective January 1, 2009.)
(7) If a participant or an applicant has misrepresented residence to obtain benefits in two or more states at the same time, such person shall be ineligible for benefits under the works program for a period of ten years.
C.R.S. § 26-2-712 State department duties - authority
26-2-712. State department duties - authority. (1) Plan submission. The state department shall submit and amend as necessary a plan to the secretary of the federal department of health and human services that is consistent with the provisions of this part 7 and federal law.
(2) County block grant allocation. (a) The state department shall allocate the amount of moneys that shall be provided to a county as a county block grant for the purposes of a county's administration and implementation of the works program pursuant to section 26-2-714.
(b) Except as provided in section 26-2-720.5, the county block grant shall represent the total amount that a county shall receive from the state for the administration and implementation of the Colorado works program.
(3) Maintenance of effort. The state department shall monitor the state's progress toward meeting the levels of spending required under the federal law and section 26-2-713.
(4) Performance measurements. (a) The state department shall develop performance goals and a formula for measuring a county's progress toward meeting such performance goals in administering and implementing the works program with county block grants. The state department shall provide data gathered on behalf of each county to the general assembly on a quarterly basis regarding employment- and training-related performance measures for the works program. Such data must include wages earned by works program participants upon leaving the program, job retention rates, and other related information. Such data must be provided through the state department's computerized systems, if available. Counties are not required to provide additional manual or computerized systems to gather such data. The state department shall work with the state work force development council to gather data on works program participants who participate in training and job placement programs offered by work force development boards and the result of such participation.
(b) The formula may be based upon the formula developed by the secretary of the federal department of health and human services after consultation with the national governors' association and the American public welfare association for measuring states' performance under the TANF block grants.
(5) Oversight. In connection with overseeing the works program, the specific duties of the state department are to:
(a) Oversee the implementation of the works program statewide and, in connection with such oversight, develop standardized forms for the counties' use in streamlining the application process, delivery of services, and tracking of participants;
(b) Monitor the state's progress in meeting the work participation requirements set forth in federal law;
(c) Establish a process to implement the provisions for regionalization set forth in section 26-2-718 pursuant to which any combination of county departments may be approved by the state department to administer and implement the works program pursuant to the provisions of this part 7;
(d) Establish statewide goals and monitor the state's progress toward meeting such goals for the reduction in the incidence of pregnancies of women and men who are not married;
ization set forth in section 26-2-718 pursuant to which any combination of county departments may be approved by the state department to administer and implement the works program pursuant to the provisions of this part 7;
(d) Establish statewide goals and monitor the state's progress toward meeting such goals for the reduction in the incidence of pregnancies of women and men who are not married;
(e) Monitor the counties' provision of basic cash assistance grants pursuant to section 26-2-706.6 and, if necessary due to increased caseloads or economic downturns, do the following to ensure that the basic cash assistance grant is provided in a consistent manner statewide:
(I) Grant moneys to one or more counties from the county block grant support fund administered pursuant to section 26-2-720.5; or
(II) If no funds administered pursuant to section 26-2-720.5 are available:
(A) Request supplemental appropriations from the general assembly, including but not limited to an appropriation from the Colorado long-term works reserve created pursuant to section 26-2-721; or
(B) Reduce the county block grant of any county that maintains moneys in a county reserve account pursuant to section 26-2-714 (5) in order that moneys may be made available to one or more counties to avoid the need to reduce or eliminate the basic cash assistance grant statewide. If the state department makes a reduction in a county's reserve account pursuant to this sub-subparagraph (B), the state department shall increase the county's block grant for the following fiscal year by the amount of the reduction authorized pursuant to this sub-subparagraph (B); or
(III) After taking the actions described in subparagraphs (I) and (II) of this paragraph (e), take any actions necessary to reduce the costs of, or reduce or eliminate, the basic cash assistance grant statewide.
(6) (Deleted by amendment, L. 2008, p. 1964, § 14, effective January 1, 2009.)
(7) Colorado works program capacity building. The state department shall develop training for case workers and other service providers so that they are knowledgeable and may assist persons who receive assistance through the Colorado works program in:
(a) Identifying goals, including work activities, time frames for achieving self-sufficiency, and the means required to meet these benchmarks;
(b) Obtaining supportive services such as mental health counseling, substance abuse counseling, domestic violence services, life skills training, and money management and parenting classes;
(c) Utilizing the family's existing strengths;
(d) Providing ongoing support and assistance to the family in overcoming barriers to training and employment;
(e) Monitoring the progress of the family toward attaining self-sufficiency;
(f) Understanding and properly utilizing data reporting systems to report participation data and outcomes required by the state department; and
parenting classes;
(c) Utilizing the family's existing strengths;
(d) Providing ongoing support and assistance to the family in overcoming barriers to training and employment;
(e) Monitoring the progress of the family toward attaining self-sufficiency;
(f) Understanding and properly utilizing data reporting systems to report participation data and outcomes required by the state department; and
(g) Providing opportunities for persons working with Colorado works participants to access professional-level curriculum to become proficient in assessing participant needs and developing individual plans to address those needs.
(8) Domestic violence services training - rules. (a) To facilitate the proper identification, screening, and assessment of past and present victims of domestic violence who apply for or participate in the Colorado works program and to assist counties in complying with the provisions of this subsection (8) and section 26-2-708 (5), the state board shall promulgate rules that require the state department to provide ongoing domestic violence training and appropriate domestic violence training materials to county staff and to:
(I) Assist counties in developing local resources and using available community resources to provide counseling and supportive services to past and present victims of domestic violence; and
(II) Require counties to make applicants to and participants in the Colorado works program aware of the services and assistance provided by the state department pursuant to this subsection (8) and by the county.
(b) The state department may contract with an individual or entity that has demonstrated expertise in the area of domestic violence assistance for the provision of the services specified in this subsection (8).
(9) Waiver process. (a) Except as provided in paragraph (c) of this subsection (9), the governor and the state department, acting jointly, may grant a county's application for a waiver of any requirement of this part 7 or the rules promulgated pursuant to this part 7. Any waiver granted pursuant to this subsection (9) shall be designed to improve methods of achieving participants' self-sufficiency, meeting work participation rates and performance goals, or reducing dependency.
(b) Any application for a waiver shall include a statement of the purpose of the waiver. The application shall be submitted to the governor and the state department no later than October 1 of the year immediately preceding the year in which the county intends to implement the waiver. The county shall provide notice of its application to all adjacent counties. The governor and the state department shall grant or deny the county's application no later than December 1 of the year in which the county applied. A waiver granted pursuant to this subsection (9) shall take effect on January 1 of the year immediately following approval of such waiver. The governor and the state department shall specify the duration of such waivers.
(c) The state department and the governor shall not approve an application under this subsection (9) that proposes to waive any statute or rule governing statewide eligibility, the amount of the basic cash assistance grant, the county maintenance of effort, or any requirement of the federal law. The governor and the state department shall not approve an application under this subsection (9) that proposes to waive a participant's right to appeal a county determination under the works program, but they may approve the waiver of statutes or rules governing the method or procedure for such appeal.
(d) The governor and the state department may approve any number of applications for waivers of one or more provisions of this part 7 or of the rules promulgated pursuant to this part 7, so long as such waivers meet the requirements of paragraphs (a), (b), and (c) of this subsection (9).
ogram, but they may approve the waiver of statutes or rules governing the method or procedure for such appeal.
(d) The governor and the state department may approve any number of applications for waivers of one or more provisions of this part 7 or of the rules promulgated pursuant to this part 7, so long as such waivers meet the requirements of paragraphs (a), (b), and (c) of this subsection (9).
(e) In the event that the governor has reason to believe that a county's implementation of the works program pursuant to a waiver granted under this subsection (9) fails to satisfy the requirements of the federal law or is inconsistent with the purposes of the works program as set forth in section 26-2-705, the governor may revoke the waiver granted to the county and require the county to resume implementation of the works program pursuant to the provisions of this part 7 and the rules promulgated pursuant to this part 7.
(f) In the event that the governor and the state department grant waivers to a county pursuant to this subsection (9), the performance contract entered into between the county and the state department pursuant to section 26-2-715 shall be amended to reflect the county's authority to implement the works program in accordance with the waivers granted and the governor's authority to revoke the waivers in accordance with paragraph (e) of this subsection (9).
(10) Job market analysis. The state department, the department of labor and employment, and the state board for community colleges and occupational education created in section 23-60-104 (1)(b), C.R.S., shall annually analyze job market information in order to establish a compilation of the types of jobs most appropriate and likely to lead to long-term self-sufficiency for participants. As used in this subsection (10), "job market information" means any state or regional job market or labor data or statistics or any information related to state or regional labor trends that the department of labor and employment may have or to which it may have access.
(11) Tuition voucher system. (a) The state department shall collaborate with the state board for community colleges and occupational education, created in section 23-60-104 (1)(b), C.R.S., to develop a tuition voucher system pursuant to which a participant may attend courses at an institution in the state's system of community and technical colleges by using a tuition voucher.
(b) The state department and the state board for community colleges and occupational education, created in section 23-60-104 (1)(b), C.R.S., shall enter into a cooperative arrangement to make available appropriate educational and academic training programs for participants who receive tuition vouchers.
C.R.S. § 26-2-713 State maintenance of effort
26-2-713. State maintenance of effort. The general assembly shall make annual appropriations from state funds for the works program which, together with the expenditures made by counties under the works program, shall be applied toward the state's maintenance of historic effort as specified in section 409 (a)(7) of the social security act.
C.R.S. § 26-2-714 County block grants formula - use of money - rules
26-2-714. County block grants formula - use of money - rules.
(1) (Deleted by amendment, L. 2008, p. 1967, § 15, effective January 1, 2009.)
(1.5) Moneys appropriated by the general assembly to the county block grant line shall remain appropriated and available to counties pursuant to the procedures specified in this section.
(2) Subject to available appropriations, in state fiscal year 2009-10 and in each fiscal year thereafter, the state department, with input from the works allocation committee, shall set the amount of the county block grants based on demographic and economic factors within the counties, including the amount a county spends on basic cash assistance grants and the county's TANF reserve balance.
(2.5) In the event that the state department and the works allocation committee do not reach an agreement in setting the amounts of the county block grants pursuant to the provisions of subsection (2) of this section on or before June 15 of each state fiscal year, the works allocation committee shall submit alternatives to the joint budget committee of the general assembly from which the joint budget committee shall identify each individual county's block grant for the state fiscal year commencing on the immediately succeeding July 1.
(3) Nothing in subsections (2) and (2.5) of this section shall prevent a county from transferring at any time during the fiscal year, pursuant to procedures established by the state department and the works allocation committee, a portion of the county's current federal TANF allocation to another county in exchange for an amount of county moneys equal to the maintenance of effort associated with the allocation.
(4) The state department shall identify the portion of moneys in the county block grant that may be spent on administrative costs.
(5) (a) (I) (A) A county shall be authorized to maintain a reserve account of county block grant moneys pursuant to rules promulgated by the state department.
(B) Pursuant to the provisions of subparagraph (V) of paragraph (c) of subsection (6) of this section, upon the conclusion of state fiscal year 2010-11, and upon the conclusion of each state fiscal year thereafter, the works allocation committee may transfer to another county on or before November 1 of the succeeding fiscal year, any unspent county TANF reserves in excess of forty percent of the county's county block grant for the concluding state fiscal year. TANF reserves transferred to a county pursuant to this sub-subparagraph (B) shall be available to the county in the succeeding state fiscal year.
(C) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, § 1, effective May 19, 2011.)
(D) If the works allocation committee transfers excess unspent TANF reserves pursuant to sub-subparagraph (B) of this subparagraph (I), the county from which the reserves are transferred shall receive appropriate maintenance of effort credit for those reserves. The county receiving the TANF reserves shall be responsible for providing an amount of county moneys equal to the maintenance of effort associated with the TANF reserves.
(E) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, § 1, effective May 19, 2011.)
(II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, in state fiscal year 2008-09, and in each state fiscal year thereafter, a county with an annual county block grant amount of two hundred thousand dollars or less shall make available to the works allocation committee for transfer to another county pursuant to the provisions of subparagraph (V) of paragraph (c) of subsection (6) of this section any unspent TANF reserves in excess of one hundred thousand dollars.
(III) As used in this subsection (5), "unspent TANF reserves" means the amount deposited in a county reserve account plus any unspent TANF transfers authorized pursuant to this subsection (5) and subsections (7) and (9) of this section.
uant to the provisions of subparagraph (V) of paragraph (c) of subsection (6) of this section any unspent TANF reserves in excess of one hundred thousand dollars.
(III) As used in this subsection (5), "unspent TANF reserves" means the amount deposited in a county reserve account plus any unspent TANF transfers authorized pursuant to this subsection (5) and subsections (7) and (9) of this section.
(IV) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, § 1, effective May 19, 2011.)
(b) A county shall be required to maintain in such county's social services fund created pursuant to section 26-1-123 any county funds that were appropriated pursuant to section 26-2-716 (1)(a) and section 26-1-122 (6) in order to meet the targeted spending level required pursuant to subsection (6) of this section but not actually expended on the works program during the state fiscal year for which the county appropriated such funds.
(5.5) (a) The state department is authorized to segregate county block grant funds allocated under this section.
(b) If the state department segregates county block grant funds as authorized under this subsection (5.5):
(I) County departments shall report to the state expenditures they have made in a segregated manner, according to rules promulgated by the state board in accordance with applicable federal law;
(II) The counties shall develop policies regarding the use of segregated funds under this subsection (5.5);
(III) Funds shall be segregated in order to ensure maximum flexibility and to allow counties to provide additional assistance or services, in accordance with federal law.
(c) Repealed.
(d) The state board shall promulgate rules as necessary to implement this subsection (5.5).
(6) (a) Targeted spending levels. For state fiscal year 1997-98 and each state fiscal year thereafter, a county's targeted spending level shall be an amount that meets or exceeds one hundred percent of the county's spending on AFDC, JOBS, and the administrative costs related to those programs in state fiscal year 1995-96.
(b) Repealed.
(c) Actual spending levels - 1998-99 and thereafter. (I) For state fiscal year 1998-99 and for each state fiscal year thereafter, all counties collectively shall be required to meet levels of spending on the works program that are set forth in the annual long appropriation act, subject to the provisions of subsection (8) of this section.
(II) For state fiscal year 1998-99 and for each state fiscal year thereafter, each county's actual level of spending shall be identified by the works allocation committee created in subparagraph (IV) of this paragraph (c) no later than June 15 of each state fiscal year for the immediately succeeding state fiscal year. Prior to determining each county's actual spending level, the works allocation committee shall ensure that all counties have been notified of the recommended actual spending level and given an opportunity to provide comment on the recommendation. In the event that the works allocation committee does not reach an agreement on each individual county's actual level of spending for a state fiscal year on or before June 15 of such prior state fiscal year, the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall identify each individual county's level of spending for a state fiscal year. The amount identified for a county's level of spending shall be identified in the county's performance contract with the state department entered into pursuant to section 26-2-715.
ar, the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall identify each individual county's level of spending for a state fiscal year. The amount identified for a county's level of spending shall be identified in the county's performance contract with the state department entered into pursuant to section 26-2-715.
(III) The works allocation committee shall also identify the amount of mitigation that shall be allocated for a small county in accordance with the provisions of subsection (8) of this section. The works allocation committee may create a subcommittee that represents the interests of small counties as defined in subsection (8) of this section, which subcommittee may make recommendations concerning the mitigation amounts to be allocated for a small county pursuant to the provisions of subsection (8) of this section.
(IV) There is hereby created the works allocation committee that shall consist of eleven members, eight of whom shall be appointed by a statewide association of counties and three of whom shall be appointed by the state department. Of the members appointed by the statewide association of counties, at least two members shall be from small or medium-sized counties, and at least three shall be from large counties. The appointing authorities shall consult with each other to ensure that the works allocation committee is representative of the counties in the state. A representative from the county that has the greatest percentage of the state's works caseload will automatically be appointed, which appointment shall be credited against the eight appointments allocated to the statewide association of counties. The works allocation committee shall develop its own operational procedures.
(V) The works allocation committee shall determine the priority criteria for transfers of excess unspent TANF reserves to a county pursuant to sub-subparagraph (B) of subparagraph (I) of paragraph (a) of subsection (5) of this section and the amount of the transfers. With the goal of increasing the counties' minimum percentage reserve balances, the works allocation committee's priority criteria shall give first priority to transfers to counties that have no more than a ten percent balance in the county's TANF reserve account. If moneys remain after satisfying the first priority criterion, second priority shall be given to transfers to those counties whose TANF reserves are more than ten percent, but no more than twenty percent.
(7) The county may transfer any amount of the county block grant that is designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to the child care development fund if child care funds are not available.
rcent.
(7) The county may transfer any amount of the county block grant that is designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to the child care development fund if child care funds are not available.
(8) (a) As used in this subsection (8), unless the context otherwise requires:
(I) "Annual maximum mitigation amount" means that portion of the total amount of county funds identified in the annual long appropriation act that may be used for mitigation for small counties in that state fiscal year.
(II) "Mitigation" means a specific reduction in a county's targeted spending level established pursuant to paragraph (a) of subsection (6) of this section or a specific reduction in a county's actual spending level established pursuant to paragraph (c) of subsection (6) of this section that is authorized pursuant to the provisions of this subsection (8). Mitigation can occur for targeted spending levels or actual spending levels or for both types of spending levels.
(III) "Small county" means a county with less than thirty-eight one hundredths of one percent of the total caseload of the works program statewide. The state department, with input from the works allocation committee, shall determine what shall constitute the total caseload of the works program and the time at which such caseload shall be established.
(b) Subject to the identification of an annual maximum mitigation amount in the annual long appropriation act and the criteria identified in paragraph (c) of this subsection (8), the works allocation committee created pursuant to subparagraph (IV) of paragraph (c) of subsection (6) of this section is authorized to identify the amount or amounts of any mitigation that shall be allocated to a small county in a specific state fiscal year. The works allocation committee shall notify the state department of any agreement concerning the allocation of any annual maximum mitigation amount in accordance with the provisions of this subsection (8).
(c) The criteria that the works allocation committee shall use include but are not limited to the following:
(I) The assessment of the equity of a small county's total program expenditures as they relate to the targeted or actual spending level for the small county;
(II) The extent to which the small county will have insufficient revenues to meet its targeted or actual spending level; and
(III) The extent to which the provision of any mitigation may enhance the efforts of a small county or group of small counties to regionalize pursuant to the provisions of section 26-2-718.
(9) (a) For state fiscal year 1997-98, and for each state fiscal year thereafter, a county may transfer any amount of the county block grant that is designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to programs funded by Title XX of the federal social security act.
cal year thereafter, a county may transfer any amount of the county block grant that is designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to programs funded by Title XX of the federal social security act.
(b) A county may make the transfer authorized by paragraph (a) of this subsection (9) only for expenditures that are allowable under programs funded by Title XX of the federal social security act, subject to the following provisions:
(I) If the funds transferred are used for the provision of child welfare services as defined in section 26-5-101 (3), the county may only make the transfer:
(A) After the county has made allowable expenditures of all funds in the county's capped or targeted allocation or allocations for child welfare services, other than for core services as referred to in section 26-5-101 (3)(f); and
(B) For the expenditures for child welfare services other than out-of-home placement services as described in section 26-5-101 (3)(i).
(II) A county shall not be required to appropriate funds to provide a county match pursuant to the provisions of section 26-1-122 for any funds transferred pursuant to the provisions of this subsection (9).
(III) A county shall not be authorized to use funds transferred pursuant to the provisions of this subsection (9) for the purpose of supplanting funds that:
(A) The county would otherwise be required to appropriate pursuant to section 26-1-122 in order to provide a county match for public assistance programs; or
(B) The county would otherwise appropriate in order to continue the provision of services under a program of public assistance administered with county only funds in the prior fiscal year.
(c) The state board shall promulgate rules governing procedures for transfers authorized pursuant to the provisions of this subsection (9).
(d) A county may make a transfer authorized by subsection (9)(a) of this section, within the limitations imposed by state and federal law on such transfers, in order to fund various programs for the improvement of child care. The transfers may be used for minor remodeling of licensed child care facilities or facilities legally exempt from licensing requirements pursuant to section 26.5-5-304, including but not limited to physical modifications for the purpose of licensure or accreditation, construction or improvement of fencing or other safety and security fixtures or other uses not prohibited under 42 U.S.C. sec. 1397d.
(10) (a) If the state meets federal work participation rates and qualifies for a percent reduction in the state's maintenance of effort as specified in federal law for any year, the actual spending level for the works program of all counties collectively shall be reduced by the same amount as the amount of the reduction in the federal maintenance of effort requirement.
(b) For the purposes of this subsection (10), "percent reduction" means the percent of reduction of historical expenditures as that term is defined in section 409 (7)(b) of the federal social security act, as amended.
pending level for the works program of all counties collectively shall be reduced by the same amount as the amount of the reduction in the federal maintenance of effort requirement.
(b) For the purposes of this subsection (10), "percent reduction" means the percent of reduction of historical expenditures as that term is defined in section 409 (7)(b) of the federal social security act, as amended.
(c) For any year in which a percent reduction in the state's maintenance of effort requirement occurs, the works allocation committee created pursuant to subparagraph (IV) of paragraph (c) of subsection (6) of this section shall determine each county's share of the reduction in actual spending levels. Prior to making such determination, the works allocation committee shall ensure that all counties have been notified of the recommended reduction for each county and given an opportunity to provide comment on the recommendation. In the event that the works allocation committee does not reach an agreement on each individual county's reduction in actual spending levels, the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall identify each individual county's reduction in actual spending levels. The state department is authorized to adjust each county's share of the reduction in actual spending levels. The state department is authorized to adjust each county's actual spending level for any percentage reduction earned in accordance with the determination of the works allocation committee concerning each county's share of the reduction.
(11) The works allocation committee shall:
(a) Review, at least quarterly, the balance of the Colorado long-term works reserve, the balance of the total statewide county TANF reserve, and the amount of basic cash assistance grants provided to participants to monitor whether the balance of the Colorado long-term works reserve will fall below twenty-five percent of the state block grant amount and whether the balance of the total statewide county TANF reserve will fall below fifteen percent of the county block grant amount;
(b) Submit a written report to the joint budget committee detailing the current Colorado long-term works reserve level, the total statewide county TANF reserve level as a whole and by county, and any projections regarding deficits in the reserves; and
(c) Establish a mitigation fund for counties whose TANF reserves fall below fifteen percent of the county's block grant amount.
C.R.S. § 26-2-714.5 Adjusted work participation rate - notification - county authorization - career and technical education
26-2-714.5. Adjusted work participation rate - notification - county authorization - career and technical education. (1) As used in this section, unless the context otherwise requires, "federal credit" means the caseload reduction credit as calculated pursuant to 45 CFR 261.40 or any employment credit, caseload reduction credit, or other credit against such rate for a fiscal year that may be subsequently adopted by the federal government.
(2) The state department shall notify each county, within thirty days after the beginning of the state fiscal year, of the state department's projection regarding the adjusted rate that the state must attain for the fiscal year in order to be in compliance with federal requirements, based on the state's estimate of the federal credit the state anticipates qualifying to receive. This adjusted rate shall be the county's adjusted work participation rate for that state fiscal year.
(3) Each county is authorized to place participants in career and technical education, as that term is defined by rule of the state board, for longer than twelve months in order to meet critical skills shortages in the labor market; except that the percentage of participants allowed to satisfy program requirements through career and technical education of longer than twelve months in a county shall not exceed seventy-five percent of the state's estimate of the federal credit.
(4) The provisions of this section shall be implemented by the state department consistent with the requirement of section 26-2-715 (1)(a)(III).
(5) The state department may suspend a county's ability to place participants in career and technical education for longer than twelve months if the state department certifies that allowing career and technical education to count toward a works participant's required work activities would affect the state's ability to meet federal work participation rates.
C.R.S. § 26-2-714.7 Work participation rates - increases - county strategies - report - repeal
26-2-714.7. Work participation rates - increases - county strategies - report - repeal. (Repealed)
C.R.S. § 26-2-715 Performance contracts
26-2-715. Performance contracts. (1) (a) Each county, either acting singly or with a group of counties, shall enter into an annual performance contract with the state department that shall identify the county's or group of counties' duties and responsibilities in implementing the works program. The performance contract must include but need not be limited to:
(I) Requirements and provisions that address the county's or group of counties' duty to administer and implement the works program using fair and objective criteria;
(II) Provisions that prohibit the county or group of counties from reducing the basic cash assistance grant administered pursuant to section 26-2-709 and monitored by the state department pursuant to section 26-2-711 and provisions that prohibit the county or group of counties from restricting eligibility or the provision of services or imposing sanctions in a manner inconsistent with the provisions of this part 7 or the provisions in the state plan submitted to the secretary of the federal department of health and human services pursuant to section 26-2-712;
(III) Work participation rates for the county or group of counties that shall ensure that the state will be able to meet or exceed its work participation rates under the federal law.
(b) A county or group of counties may be sanctioned for not meeting any obligation under such performance contract. Such sanctions must be identified in the performance contract and may include a reduction in a future county block grant allocation.
(2) The performance contract shall set forth the circumstances under which the state department may elect that it or its agent assume the county's or group of counties' administration and implementation of the works program.
(3) If the state department and the county or group of counties are unable to reach agreement on the contract, either party may request the state board to consider the matter, and the state board shall schedule the matter for hearing within thirty days after receipt of the request. The state board shall issue a decision on the matter which shall be considered binding on all parties. If necessary to assure services are available within the county or group of counties, the state department may enter into a temporary agreement with the county or group of counties or with another public or private agent until the matter is resolved by the state board.
C.R.S. § 26-2-716 County duties - appropriations - penalties - hardship extensions - domestic violence extensions - incentives - rules
26-2-716. County duties - appropriations - penalties - hardship extensions - domestic violence extensions - incentives - rules. (1) (a) (I) The board of county commissioners in each county of this state shall annually appropriate as provided by law such moneys as required pursuant to section 26-1-122 (6).
(II) In the case of two or more counties jointly administering a county block grant under the provisions of this part 7, each county involved shall appropriate the funds necessary to defray its proportionate costs of implementing the works program.
(b) A county department shall keep such records and accounts in relation to the costs of administering and implementing the works program.
(c) Whenever a county anticipates that it may be financially unable to meet requests for assistance from participants, the county may seek additional moneys from the county block grant support fund administered by the state department pursuant to section 26-2-720.5.
(2) In connection with administering a county block grant, a county department shall:
(a) Meet the work participation rate as set forth in the performance contract with the state department pursuant to section 26-2-715;
(b) Report to the state department the information required to enable the state department to track participants' length of time for receipt of assistance and to enable the state department to provide written notice to applicants and participants of their rights;
(c) Provide written notification to applicants and recipients of their responsibilities and options available under the works program, including but not limited to time limits, domestic violence waivers, extensions or exemptions, and services available. Verbal notice shall be provided when requested.
(d) Submit the reports required pursuant to section 26-2-717;
(e) Use an income eligibility verification system (IEVS) to verify eligibility information against federal social security administration and internal revenue service files;
(f) Provide Title IV-D services to participants and require assignment of rights to child support by participants and participant cooperation with establishment and collection of child support, except as to participants receiving short-term assistance pursuant to section 26-2-706.6;
(g) Make available opportunities for participants to have individual development accounts for home purchase, business capitalization, or higher education in accordance with federal law;
(h) Meet the required maintenance of effort as identified in section 26-2-714.
(2.5) The board of county commissioners in each county shall adopt official written policies for implementing aspects of the Colorado works program that counties have the statutory authority and flexibility to determine under this part 7. Such policies shall include, without limitation, a description of the kinds of assistance available under the Colorado works program within the county, any eligibility criteria for assistance that may be unique to the county, and the process by which such eligibility and assistance is determined on an individual basis. Such policies shall not be construed to create an entitlement to any service or benefit under the Colorado works program in any county for any applicant or participant, and shall not limit the flexibility of a county to respond to the individual circumstances of a participant. The board of county commissioners in each county shall make such policies available to applicants and participants.
basis. Such policies shall not be construed to create an entitlement to any service or benefit under the Colorado works program in any county for any applicant or participant, and shall not limit the flexibility of a county to respond to the individual circumstances of a participant. The board of county commissioners in each county shall make such policies available to applicants and participants.
(3) (a) No person in a work activity described in section 26-2-703 (21) shall be employed by, or assigned to, an employer if:
(I) Any other person is on layoff from the same or any substantially equivalent job with such employer; or
(II) Such employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of the workforce in order to fill the vacancy with a participant; or
(III) Placement of the person with the employer will result in a reduction of hours, regular or overtime, wages, or benefits of persons currently employed by the employer; or
(IV) The position is available due to a labor dispute, strike, lockout, or violation of a collective bargaining agreement.
(b) A uniform statewide grievance procedure for resolving complaints of alleged violations of displacements shall be established by the department of labor and employment.
(c) All state and federal laws affecting workers and employers shall apply to all participants, including but not limited to state and federal minimum and prevailing wage laws, workers' compensation, unemployment insurance, occupational safety and health administration coverage where applicable, the federal "Fair Labor Standards Act of 1938", as amended, all federal, state, and local antidiscrimination laws, and all labor laws affecting the rights of employees to organize.
(d) All participants shall be entitled to the same wages and benefits, including but not limited to sick leave and holiday and vacation pay, as are offered to employees who are not participants and who have similar training or experience performing the same or similar work at a specific work place.
(4) (a) A county may not use county block grant moneys except as specifically authorized pursuant to the provisions of this part 7 and rules promulgated by the state board or state department to implement the provisions of this part 7. If the state department has reason to believe that a county has misused county block grant moneys and has given the county an opportunity to cure the misuse and the county has failed to cure, the state department may reduce the county's block grant for the succeeding state fiscal year by an amount equal to the amount of moneys misused by the county.
(b) A county found out of compliance with its performance contract or any provision of the works program may be assessed a financial sanction. The financial sanction must be replaced by county moneys. The state board shall promulgate rules for county sanctions that include financial sanctions and may include other sanctions. Any moneys resulting from the imposition of a financial sanction shall be transmitted to the Colorado long-term works reserve created in section 26-2-721, but only if the state has not incurred a federal sanction for the same act that gave rise to the county sanction.
neys. The state board shall promulgate rules for county sanctions that include financial sanctions and may include other sanctions. Any moneys resulting from the imposition of a financial sanction shall be transmitted to the Colorado long-term works reserve created in section 26-2-721, but only if the state has not incurred a federal sanction for the same act that gave rise to the county sanction.
(5) (a) County departments are authorized to administer hardship and domestic violence extensions for needy families that have exceeded the sixty-month lifetime limit for receipt of assistance set forth in the federal law. The county departments shall approve or deny hardship extensions or domestic violence extensions pursuant to fair and objective criteria established by the state board. The state board, by rule, shall establish hardship criteria, and each county shall apply the hardship criteria to all participants seeking extensions. A county, in its written county policies, may define additional reasons for granting hardship extensions. A county may not grant hardship or domestic violence extensions for a duration longer than six months.
(b) All participants shall have the opportunity to request extensions in their counties of residence. A participant who has been granted an initial extension may request additional extensions prior to the end of the current extension period. If a participant fails to request an extension on a timely basis, an extension may be granted if the participant demonstrates good cause. Whether good cause has been established shall be determined at the sole discretion of the county department and shall not be appealable.
(c) The state department shall send notice to participants approaching the sixty-month limit on lifetime receipt of assistance pursuant to subsection (2) of this section. The county departments shall make all reasonable efforts to contact a participant by phone or in person to explain the extension process and to accept a request for an extension. Participants may also make such requests in writing.
(d) A person who is granted a hardship extension or a domestic violence extension shall be required to complete an individual responsibility contract and shall be required to follow all the terms and conditions of the IRC, including the participation activities required of the participant as a condition of the extension, as outlined in the IRC.
(e) Sanctions and terminations pursuant to section 26-2-711 shall apply during the period of an extension granted pursuant to this section. Participants may appeal adverse actions consistent with sections 26-2-127 and 26-2-710.
(f) The county department shall have thirty days after the receipt of a request for an extension to make a decision whether to grant or deny the extension. When granting the extension the county department shall send notice of such extension to participants. The county department shall send a denial notice to a participant who applies for but is denied a hardship extension due to lack of available extensions or for any other reason, which reason shall be included. The county department shall send a denial notice to a participant who applies for but is denied a domestic violence extension, which shall include the reason for the denial
to participants. The county department shall send a denial notice to a participant who applies for but is denied a hardship extension due to lack of available extensions or for any other reason, which reason shall be included. The county department shall send a denial notice to a participant who applies for but is denied a domestic violence extension, which shall include the reason for the denial. If the state exceeds the twenty-percent numerical limit on the number of extensions that may be granted under the federal law due to the inclusion of domestic violence extensions, then the state department shall determine how many of those domestic violence extensions qualify as domestic violence waivers granted pursuant to section 26-2-708 (5) and if this determination indicates that the state exceeds the twenty-percent numerical limit due to domestic violence extensions that qualify as domestic violence waivers, the state department shall demonstrate to the federal government that its failure to comply with the sixty-month limit was attributable to federally recognized good cause domestic violence waivers in accordance with the provisions of 45 CFR 260, subpart B.
(g) The state board shall promulgate rules establishing the criteria for hardship extensions and for establishing a system for allocating the number of extensions available for each county.
(h) Nothing in this section shall be construed to prohibit a former participant from requesting a hardship or domestic violence extension, after the lapse of the sixty-month lifetime limit, when new hardship or domestic violence factors occur, to the extent permissible under state and federal law.
(i) This subsection (5) shall only apply to participation in the Colorado works program, as contained in this part 7.
(6) In the event that a county is unable to meet the need for assistance pursuant to section 26-2-709 (2), it may impose cost-reducing measures, including but not limited to proportionate reductions in such assistance, establishment of waiting lists for such assistance, or elimination of such assistance.
(7) A county that encompasses an Indian reservation shall consult with the respective Indian tribe concerning the administration and implementation of the works program by that county. Such consultation shall include but not be limited to:
(a) Possible exemption of the Indian tribe from the sixty-month time limit of the federal law if that tribe has more than one thousand members and an unemployment rate that exceeds fifty percent;
(b) Collection of statistical data on participants, funding for tribal data collection and tribal administration of federally and tribally funded programs;
(c) Cooperation and agreement concerning when a tribal member shall be referred to his or her respective tribe for assistance in finding work and how the costs for such assistance may be reimbursed by or otherwise shared with the county.
(8) (Deleted by amendment, L. 2008, p. 1969, § 18, effective January 1, 2009.)
(9) County departments shall assist families in completing the reporting requirements for transitional medicaid. This shall include informing 1931 medicaid recipients of the transitional medicaid eligibility requirements and the required reporting calendar.
(10) A county department shall assist participants in applying for and receiving the earned income tax credit under applicable rules of the federal internal revenue service.
C.R.S. § 26-2-717 Reporting requirements
26-2-717. Reporting requirements. (1) The state department shall submit, in a timely and accurate manner, case record information on participants to the federal government as required by federal law.
(2) to (4) (Deleted by amendment, L. 2008, p. 1970, § 19, effective January 1, 2009.)
C.R.S. § 26-2-718 Regionalization
26-2-718. Regionalization. (1) In the event that two or more counties agree to administer and implement the Colorado works program jointly, such counties shall submit resolutions from their boards of county commissioners to the state department that reflect their intention to administer and implement the Colorado works program jointly.
(2) The state department shall make a determination to approve or deny the resolutions and notify the counties within thirty days after the receipt of the resolutions.
(3) The state department, in conjunction with the boards of county commissioners of the affected counties, shall determine administrative, programmatic, and reporting requirements in connection with the joint operation of the works program by the counties.
C.R.S. § 26-2-719 Private contracting
26-2-719. Private contracting. The state department and any county department are authorized to award contracts for the administration, implementation, or operation of any aspect of the works program to any appropriate public, private, or nonprofit entity in accordance with applicable county regulations, federal law, and the provisions of the state procurement code, articles 101 to 112 of title 24, C.R.S.
C.R.S. § 26-2-720 Short-term works emergency fund - repeal
26-2-720. Short-term works emergency fund - repeal. (Repealed)
C.R.S. § 26-2-720.5 County block grant support fund - created
26-2-720.5. County block grant support fund - created. (1) The state department shall create a county block grant support fund that shall consist of moneys annually appropriated thereto by the general assembly. Any unexpended moneys remaining in the county block grant support fund at the end of a fiscal year shall be remitted to the Colorado long-term works reserve.
(2) The state department, with input from the works allocation committee, shall allocate moneys in the county block grant support fund to counties according to criteria and procedures established by the state department and the works allocation committee.
(3) (a) A county that meets the criteria established by the state department and the works allocation committee pursuant to subsection (2) of this section may request money from the county block grant support fund. Priority shall be given to any county that exhausts all money available in the county's block grant for the Colorado works program for that fiscal year.
(b) A county that is projected to exhaust all money available in the county's TANF reserve and faces a local or statewide natural disaster or other emergency may request money from the county block grant support fund. The state department, with input from the works allocation committee, shall develop criteria and procedures to include use of the fund in circumstances of a natural disaster or other emergency.
(4) The state department, with input from the works allocation committee, may allocate moneys to counties out of the county block grant support fund during the state fiscal year or at the end of a state fiscal year.
(5) If the general assembly appropriates money to the county block grant support fund, the state department shall make a report, as required by section 24-1-136 (9) and (11)(a), to the joint budget committee on any allocations made from the county block grant support fund, including the amount requested by each county and the county's reason for requesting the money, and the amount allocated to each county and the reasons for the state department's decision regarding each request.
C.R.S. § 26-2-721 Colorado long-term works reserve - creation - use
26-2-721. Colorado long-term works reserve - creation - use. (1) There is hereby created the Colorado long-term works reserve, referred to in this section as the "reserve", that consists of unappropriated TANF block grant money, state general fund money appropriated thereto by the general assembly, including amounts appropriated pursuant to subsection (5) of this section, and money transferred thereto pursuant to sections 26-2-714 (5)(a), 26-2-716 (4)(b), 26-2-720.5 (1), and 26-2-721.3 (1). A county's excess unspent TANF reserves that are transferred to another county pursuant to section 26-2-714 (5)(a)(I)(B) or (5)(a)(I)(C) shall not be considered unappropriated TANF block grant moneys for purposes of this section. Any excess unspent TANF reserves for state fiscal year 2009-10 is excluded from the Colorado long-term works reserve and is available for transfer to a county pursuant to section 26-2-714 (5)(a)(I)(B).
(2) The general assembly, upon request of the state department, may appropriate the money in the reserve for the purposes of:
(a) Implementing the works program, including but not limited to:
(I) Funding the Colorado works program maintenance fund created in section 26-2-721.3; and
(II) Repealed.
(b) Transfers that are allowed under the federal law for transfers to programs funded by Title XX of the social security act or for transfers to the child care development fund.
(c) The stable housing for survivors of domestic or sexual violence program created in section 26-2-726.
(2.5) Repealed.
(3) Prior to requesting any appropriations from the reserve pursuant to subsection (2) of this section for the purpose of making transfers, the state department shall consult with counties and provide information to the joint budget committee for the purposes of ensuring that all transfers of TANF funds do not exceed the federal limits for transfers and ensuring that the needs of counties to make transfers authorized pursuant to section 26-2-714 (7) and (9) are considered.
(4) Notwithstanding section 24-1-136 (11)(a)(I), no later than August 31, 2018, and no later than June 30 of each year thereafter, the works allocation committee shall submit to the executive director, the governor, and the joint budget committee recommendations for the use of the reserve for the upcoming state fiscal year. In developing annual recommendations, the works allocation committee shall consider the expected reserves and the Colorado works program needs over the next three fiscal years. The state department-appointed members of the works allocation committee are not required to vote on the works allocation committee's annual recommendations. The county-appointed members on the works allocation committee shall draft the annual recommendations.
(5) (a) Notwithstanding any provision of section 38-13-801, beginning state fiscal year 2023-24, the general assembly may appropriate money from the unclaimed property trust fund, created in section 38-13-801, to the reserve if, based on the most recent forecast, the state is not projected to exceed the state fiscal year spending limit imposed by section 20 of article X of the state constitution for the state fiscal year. The amount appropriated for a state fiscal year shall not exceed the amount necessary to cover two-thirds of the amount necessary to cover the increase in basic cash assistance specified in section 26-2-709 (1)(b)(III)(A). The money appropriated to the reserve under this subsection (5)(a) shall not be appropriated for the purposes set forth in subsection (2) of this section.
(b) Notwithstanding subsection (2) of this section, the general assembly may appropriate money from the reserve that was appropriated thereto under subsection (5)(a) of this section to the state department for the purpose of covering two-thirds of the amount of the increase in basic cash assistance specified in section 26-2-709 (1)(b)(III)(A).
purposes set forth in subsection (2) of this section.
(b) Notwithstanding subsection (2) of this section, the general assembly may appropriate money from the reserve that was appropriated thereto under subsection (5)(a) of this section to the state department for the purpose of covering two-thirds of the amount of the increase in basic cash assistance specified in section 26-2-709 (1)(b)(III)(A).
(c) On March 1, 2024, and March 1 of each year thereafter, the state treasurer shall notify the joint budget committee of the amount available in the unclaimed property trust fund that is projected to be available in the next state fiscal year.
(d) As used in subsection (5)(a) of this section, "most recent forecast" means the most recent economic and revenue forecast prepared by legislative council staff as of the date of the introduction of a bill that appropriates money to the department of human services pursuant to this section from the unclaimed property trust fund created in section 38-13-801.
C.R.S. § 26-2-721.3 Colorado works program maintenance fund - creation - use - report
26-2-721.3. Colorado works program maintenance fund - creation - use - report. (1) There is hereby created the Colorado works program maintenance fund, referred to in this section as the "maintenance fund". The maintenance fund shall consist of moneys appropriated thereto by the general assembly from the Colorado long-term works reserve. The moneys in the maintenance fund shall be subject to annual appropriation by the general assembly to the executive director for use in responding to emergency or otherwise unforeseen purposes that are authorized by this part 7 or by federal law and that are necessary for the efficient and effective implementation of the Colorado works program at the state and county levels. Any unexpended moneys remaining in the maintenance fund at the end of a fiscal year shall revert to the Colorado long-term works reserve.
(2) On or before February 15, 2009, and on or before February 15 each year thereafter in such years as funding is received pursuant to this section, the executive director shall report to the joint budget committee and the health and human services committees of the senate and the house of representatives, or any successor committees, concerning the use of money appropriated to the maintenance fund in the preceding fiscal year. Any such reports must be in compliance with the provisions of section 24-1-136 (9) and (11)(a).
C.R.S. § 26-2-721.5 Strategic allocation committee - created - duties - repeal
26-2-721.5. Strategic allocation committee - created - duties - repeal. (Repealed)
C.R.S. § 26-2-721.7 Colorado works statewide strategic use fund - created - allocations - rules - evaluation - report - repeal
26-2-721.7. Colorado works statewide strategic use fund - created - allocations - rules - evaluation - report - repeal. (Repealed)
C.R.S. § 26-2-722 Legislative oversight committee - created - repeal
26-2-722. Legislative oversight committee - created - repeal. (Repealed)
C.R.S. § 26-2-723 Evaluation - state department - repeal
26-2-723. Evaluation - state department - repeal. (Repealed)
C.R.S. § 26-2-724 Colorado works - screening for substance abuse and mental health problems - repeal
26-2-724. Colorado works - screening for substance abuse and mental health problems - repeal. (Repealed)
C.R.S. § 26-2-725 Outreach and engagement plan - family voice participation
26-2-725. Outreach and engagement plan - family voice participation. (1) No later than September 30, 2022, the state department shall develop an outreach and engagement plan to promote access to the Colorado works program for eligible persons.
(2) The state department shall partner with counties and nonprofit organizations when developing and implementing the outreach and engagement plan and shall incorporate feedback from current and former participants to ensure participants are influential stakeholders in the process.
(3) At a minimum, the outreach and engagement plan must include specific strategies for:
(a) Outreach to monolingual, non-English-speaking communities and families, including a linguistically diverse website and translation of other materials that include information about the works program in the seven most common languages spoken in each county of the state;
(b) Developing culturally appropriate messaging;
(c) Sharing information about the services and supports available and participants' rights and responsibilities under the works program;
(d) How to appeal if redetermination is denied;
(e) Confidentiality protections for applicants and participants; and
(f) Outreach through a variety of settings, including but not limited to social media, schools, child care centers, food banks, libraries, federally qualified health centers, home visiting programs, mobile home parks, head start and early head start centers, and mobile sites.
(4) The state department shall:
(a) Require that county staff working with applicants and participants receive comprehensive training regarding the works program. The training must include trauma-informed approaches to interacting with participants, consistency in communicating information about child care access and assistance, the alignment of a participant's work requirements with child care access and family medical needs, the full scope of options for the participant to meet work and education requirements in alignment with the participant's goals, and the availability of support services for families.
(b) Develop toolkits, manuals, and other materials for county staff, applicants, and participants that include information about child care access and assistance, the alignment of a participant's work requirements with child care access, the full scope of options for the participant to meet work and education requirements in alignment with the participant's goals, and the availability of support services for families;
(c) Partner with counties, nonprofit organizations, and participants to develop culturally and linguistically appropriate messaging and ensure that applicants and participants have access to sufficient supports and communication in the seven most common languages spoken in each county of the state, or, in the instance of a monolingual speaker of a language other than the seven most common languages, use best efforts to provide supports and communication in the language spoken by the individual;
uistically appropriate messaging and ensure that applicants and participants have access to sufficient supports and communication in the seven most common languages spoken in each county of the state, or, in the instance of a monolingual speaker of a language other than the seven most common languages, use best efforts to provide supports and communication in the language spoken by the individual;
(d) Ensure adequate and meaningful representation by, feedback from, or engagement with current and former participants when making decisions and recommendations regarding the works program, including during any rule-making or regulatory process and other policy changes that impact recipients. To the extent possible, the state department shall ensure that participants involved pursuant to this subsection (4)(d) are diverse with regard to race, ethnicity, age, ability, sexual orientation, gender identity, and geography and that participant feedback has a genuine opportunity to influence substantial changes to the works program. The state department may utilize any established councils at the state and local level that have current and former participants represented or appointed to comply with the requirements of this subsection (4)(d). To the extent possible, the state department shall consider reimbursing participants involved pursuant to this subsection (4)(d) for travel expenses and attendant and dependent care.
(5) Beginning January 2023, and each January thereafter, the state department shall include information on the implementation of the requirements in this section in its report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203.
(6) The state department may review and consider information technology solutions for the implementation of this section.
C.R.S. § 26-2-726 Stable housing for survivors of domestic or sexual violence program - creation - funding - appropriation - definitions
26-2-726. Stable housing for survivors of domestic or sexual violence program - creation - funding - appropriation - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Contracted organization" means a community organization that the state department contracts with to provide stable housing support to survivors of domestic or sexual violence who are eligible for assistance provided pursuant to the Colorado works program through the program.
(b) "Program" means the stable housing for survivors of domestic or sexual violence program created in subsection (2) of this section.
(c) "Short-term assistance payment" has the meaning set forth in section 26-2-706.6 (3).
(2) There is created in the department of human services the stable housing for survivors of domestic or sexual violence program to provide stable housing support to survivors of domestic or sexual violence who are eligible for assistance provided pursuant to the Colorado works program.
(3) On or before January 1, 2025, the state department shall contract with community-based advocacy organizations to implement the program.
(4) A contracted organization shall use the money allocated to it by the state department to provide financial support to a survivor of domestic or sexual violence who is eligible for assistance pursuant to the Colorado works program to obtain a short-term assistance payment for stable housing.
(5) For each state fiscal year 2024-25 through 2028-29, the general assembly shall appropriate two million dollars from the Colorado long-term works reserve, created in section 26-2-721, to the program.
(6) The Colorado works program shall account for the funds used for the program in its annual Colorado works report submitted to the joint budget committee.
C.R.S. § 26-2-1001 Short title
26-2-1001. Short title. This part 10 shall be known and may be cited as the "Individual Development Account Act".
C.R.S. § 26-2-1002 Legislative declaration
26-2-1002. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) The unrealized and lost human resource potential of low-income and working-poor individuals of this state results in an overall loss to the potential of the entire state;
(b) It is in the best interests of all Coloradans to structure incentives in a way that will result in a greater likelihood that low-income and working-poor individuals will attain self-sufficiency;
(c) It is in the best interests of all Coloradans to concentrate appropriate assets and investments on low-income and working-poor individuals and in low-income and working-poor neighborhoods and communities in order to allow low-income individuals, neighborhoods, and communities to benefit from the developments achieved through the growth in assets and investments;
(d) Achieving self-sufficiency and assessing economic opportunity for low-income and working-poor individuals can be addressed through public policy that invests in asset accumulation and is supported by private sector philanthropy;
(e) Providing a structured savings situation for low-income and working-poor individuals enhances such individuals' chances of fulfilling major life goals and opportunities and incorporates such individuals into the economic mainstream; and
(f) Such self-sufficiency may, in turn, result in fewer people needing to seek public assistance.
(2) Therefore, the general assembly hereby authorizes the implementation of an individual development account program to provide incentives and motivation for low-income and working-poor individuals and families to develop and concentrate assets and investments for use by such individuals who are striving for self-sufficiency and need a jump-start for economic opportunity.
C.R.S. § 26-2-1003 Definitions
26-2-1003. Definitions. As used in this part 10, unless the context otherwise requires:
(1) "Charitable donor" means a person who contributes to a sponsoring organization for the purposes of the IDA program.
(2) "Financial institution" means an organization that is federally insured and is authorized to do business under state or federal laws relating to financial institutions and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union.
(3) "Individual development account" means a contract of deposit between a depositor and a financial institution selected by a sponsoring organization.
(4) "Program" or "IDA program" means the individual development account program established pursuant to this part 10.
(5) "Service provider" means an institution of higher education; a provider of occupational or career and technical education; a trade school; a bank, savings and loan, or other mortgage lender; a title company; or the lessor or vendor of any office supplies, office equipment, retail space or office space or other business space, or such other provider of goods or services to be used for the commencement of a business.
(6) "Sponsoring organization" means a nonprofit organization that is exempt from taxation under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, that participates in IDA programs, and that verifies authorized use of individual development accounts.
C.R.S. § 26-2-1004 Individual development account program - rules
26-2-1004. Individual development account program - rules. (1) The IDA program shall provide that eligible individuals who establish individual development accounts, as set forth in section 26-2-1005, shall receive the benefit of matching moneys payable directly to the service provider at the time of the eligible individual's expenditure of the moneys in his or her individual development account for any of the following purposes:
(a) Securing postsecondary education, including but not limited to community college courses, courses at a four-year college or university, or post-college, graduate courses for either the individual or the individual's dependent;
(b) Securing postsecondary occupational training, including but not limited to vocational or trade school training for either the individual or the individual's dependent;
(c) Purchasing a home for the first time, either individually or with another family member; or
(d) Business capitalization.
(2) In addition to the purposes set forth in subsection (1) of this section, an eligible individual may expend up to ten percent of the total moneys from his or her individual development account for supportive counseling, mentoring, tutoring, or other related services as provided by sponsoring organizations and as approved by such individual development account holders.
C.R.S. § 26-2-1005 Eligibility for participation in the individual development account program
26-2-1005. Eligibility for participation in the individual development account program. (1) Sponsoring organizations that elect to participate in the program shall recruit individuals or households to participate in the IDA program and shall determine the eligibility of prospective participants based upon the criteria set forth in this subsection (1). All individuals within one family or a single individual shall be eligible to be selected for participation in the IDA program if the individual or household meets the following requirements:
(a) The individual's or household's income may not exceed two hundred percent of the federal poverty line when applied to the savings goals of postsecondary education or business capitalization. The individual's or household's income may not exceed eighty percent of the area median income when applied to the savings goal of home ownership.
(b) An individual within a household has entered into an individual development account agreement with a sponsoring organization.
(c) An individual within a household has established an individual development account with a financial institution selected by the sponsoring organization and has made a commitment, as set forth in this section, to save and match philanthropic sources of moneys that are available to match the individual or household contributions to the individual development account. The individual development account shall accrue interest.
(d) The individual or the household may only open one individual development account.
(e) The individual submitting the application is a citizen of the United States and is a legal resident of the state.
(2) All of the following duties shall be undertaken by one or more sponsoring organizations:
(a) To determine the eligibility of individuals or households to participate in the IDA program;
(b) To counsel such individuals and households about the IDA program;
(c) To conduct orientations with individuals or households on the philosophy underlying the IDA program and the general requirements of the program;
(d) To facilitate the opening of individual development accounts with participating financial institutions;
(e) To provide credit counseling, budgeting, and financial management training to the program participants;
(f) To jointly develop specific goals and performance criteria with each program participant;
(g) To set appropriate matching ratios of philanthropic moneys to contributions made by program participants;
(h) Repealed.
(i) To raise contributions for the IDA program.
(3) The program participant may withdraw contributions made by the participant for uses other than those uses authorized under this program one time but, upon the second such action, shall be terminated from the IDA program. A participant who has been terminated from the IDA program may withdraw all moneys that the participant contributed to the account along with any interest accrued on the participant's contribution.
(4) The maximum amount of moneys in an individual development account that may be matched by a charitable donor is ten thousand dollars. The individual may deposit an amount greater than ten thousand dollars, but funds in excess of ten thousand dollars are subject to any applicable state and federal income taxes, and shall not be matched by a charitable donor. Only one account per family may be established in the IDA program; except that every member of the family may utilize the account.
(5) Nothing in this part 10 shall be construed to create an entitlement to matching moneys. The number of individuals who may receive disbursement of matching philanthropic moneys by sponsoring organizations pursuant to the IDA program shall necessarily be limited by the amount of philanthropic moneys available in any given year for such purpose.
(6) and (7) Repealed.
C.R.S. § 26-2-1101 Legislative declaration
26-2-1101. Legislative declaration. (1) The general assembly hereby finds and declares:
(a) Transitional jobs have proven to be an effective policy response to stubbornly high unemployment rates and the difficulties that many smaller employers face in filling job vacancies and expanding job opportunities. Transitional jobs have helped to:
(I) Stabilize individuals and families with earned income;
(II) Stimulate local economies through wages paid;
(III) Contribute to the economic health of employers;
(IV) Provide unemployed and underemployed adults an opportunity to experientially learn, model, and practice successful workplace behaviors that will help them to get and keep unsubsidized employment;
(V) Build work histories and references for participants to more easily move into unsubsidized and stable employment;
(VI) Address barriers to work that have kept the unemployed and underemployed out of the regular labor market; and
(VII) Reduce recidivism and public costs.
(b) Colorado has already demonstrated the value of transitional jobs through its successful HIRE Colorado initiative. Operated with federal funds from October 2009 through September 2010, HIRE Colorado provided transitional jobs to over one thousand seven hundred unemployed Coloradans, enabling them to do productive, wage-paying work for local governments, nonprofit agencies, and for-profit employers. According to data from the Colorado department of human services, HIRE Colorado helped nearly seventy-five percent of its participants to move into unsubsidized employment. In states whose transitional jobs programs focused on those with the most acute job search challenges, nearly fifty percent, an unusually high success rate for such a population, moved into unsubsidized work.
(c) While nationally unemployment is falling slowly and although Colorado's unemployment rate is better than the national average, Coloradans still face difficulty in finding full-time jobs. According to a recent analysis, nearly two hundred thousand Coloradans are "officially" unemployed, but there are fewer than seventy-five thousand job openings. At the same time that unemployed and underemployed Coloradans struggle to find employment in the face of this job shortage, many employers have found it difficult to fill the job vacancies they do have. Transitional jobs are part of the solution to both unemployment and unfilled job vacancies.
(d) The department anticipates further increasing the number of counties served by the transitional jobs program, focusing on rural areas and small- and medium-sized counties.
C.R.S. § 26-2-1102 Definitions
26-2-1102. Definitions. As used in this part 11, unless the context otherwise requires:
(1) "Employer of record" means an organization that has been selected by the state department to be responsible for providing the following employer services, in an effective and efficient manner and at the lowest cost, with respect to transitional job workers who perform work for a host site employer:
(a) Payment of wages to a transitional job worker, upon receipt from the host-site employer of certification, in the manner prescribed by the state department, that the transitional job worker has worked a specified number of hours;
(b) Withholding and payment of payroll taxes, including FICA, medicare, and, if applicable, unemployment insurance taxes, to the appropriate federal and state agencies;
(c) Provision, if applicable, of worker's compensation coverage;
(d) Preparation and distribution of federal and state tax forms, including W-2 and I-9 forms; and
(e) Provision of such other formal employer functions as the department of human services may prescribe.
(2) "Host-site employer" means the employer that agrees with the local agency contractor to be responsible for:
(a) Selecting, training, and supervising a transitional jobs worker;
(b) Certifying to the employer of record, in the manner prescribed by the department of human services, the number of hours that the transitional jobs worker has worked for the employer; and
(c) Cooperating with the local agency contractor in facilitating the movement of the transitional jobs worker into unsubsidized employment; except that the host site employer shall not be required to offer unsubsidized employment to the transitional jobs worker.
(3) "Local agency contractor" means the governmental, nonprofit, or for-profit organizations that the state department has chosen, through a competitive request for proposals and contracting process, to be responsible for administering the transitional jobs program at the local level, including:
(a) Outreach to prospective transitional jobs workers;
(b) Recruitment of potential transitional jobs workers;
(c) Orientation of transitional jobs workers;
(d) Provision to transitional jobs workers of access to case management;
(e) Provision of job coaching to transitional jobs workers, both prior to and following their selection by host-site employers;
(f) Introduction of transitional jobs workers to host-site employers;
(g) Ongoing communication with host site employers concerning workplace issues with the goal that early identification and prompt resolution will help transitional jobs workers to succeed on the job and move into unsubsidized employment; and
(h) Collection of data required by the state department, including utilization of the common statewide data collection system identified by the state department for data reporting and documentation of transitional jobs program outcomes and performance.
C.R.S. § 26-2-1103 Transitional jobs program
26-2-1103. Transitional jobs program. (1) The state department shall administer a transitional jobs program. The transitional jobs program must:
(a) Seek to offer the opportunity to work in transitional jobs to eligible individuals from July 1, 2013, through June 30, 2029; except that no new transitional jobs shall be offered after December 31, 2028;
(b) To the greatest extent possible, provide priority transitional job offers to the following groups of eligible individuals, with the highest priority being given to individuals meeting one or more of the following categories:
(I) Noncustodial parents;
(II) Veterans; or
(III) Displaced workers that are fifty years of age or older;
(c) Pay eligible workers at least the applicable minimum wage; and
(d) Place transitional job workers, to the greatest extent feasible, with host-site employers that are small and medium-sized firms that have no more than fifty full-time-equivalent employees.
(2) To be eligible for a transitional job, an individual must:
(a) Be a legal United States resident or otherwise lawfully present and eligible for work in the United States;
(b) Be a resident of Colorado;
(c) Be at least eighteen years of age;
(d) Not be incarcerated and be able to work;
(e) Have a family income of below one hundred fifty percent of the federal poverty level, as adjusted for family size;
(f) Be unemployed or underemployed for no more than twenty hours per week, for at least four consecutive weeks; and
(g) Demonstrate that he or she has actively sought employment utilizing the public workforce system.
(3) An individual who is eligible for a transitional job under subsection (2) of this section may be offered a transitional job, subject to the availability of funds, on the following terms:
(a) The transitional job may not displace any existing employee, or result in filling a job from which an employee was recently terminated, or involve the transitional job worker in a labor dispute;
(b) The transitional job must pay at least the applicable minimum wage, and the wage may be increased with funds provided by the host site or a third party;
(c) The transitional job must provide no fewer than eight hours of work per week of transitional job work and may provide up to forty hours of work per week of transitional job work;
(d) Each transitional job may provide up to thirty total weeks of transitional job work, not to exceed three placements as a transitional job worker with up to three host sites; except that, subject to guidelines provided by the state department, a local agency contractor may offer and provide an individual who remains eligible for a transitional job additional weeks of transitional job work; and
(e) The individual employed in a transitional job must demonstrate that he or she is actively seeking employment utilizing the public workforce system.
(4) The transitional jobs program must operate throughout Colorado, but, based on the availability of funding, the state department may:
(a) Phase in the transitional jobs program in 2013 and 2014 or over a longer time period as determined necessary by the state department; or
(b) Limit the transitional jobs programs to urban and rural counties designated by the state department based on criteria relating to unemployment, poverty, and other factors that the state department identifies.
(5) The state department shall:
(a) Require data reporting and performance outcomes;
(b) Evaluate the outcomes of the transitional jobs program and present the results of its evaluation in a timely and structured manner; and
to urban and rural counties designated by the state department based on criteria relating to unemployment, poverty, and other factors that the state department identifies.
(5) The state department shall:
(a) Require data reporting and performance outcomes;
(b) Evaluate the outcomes of the transitional jobs program and present the results of its evaluation in a timely and structured manner; and
(c) Rigorously monitor all contracts and ensure full compliance by all contractors with their contractual obligations.
(6) The state department shall use a competitive request for proposal process to select local agency contractors and shall negotiate contracts with the government or nonprofit or for-profit organizations that submit the strongest proposals.
(7) The state department may offer incentives to local agency contractors for high performance.
(8) The state department shall:
(a) Determine the most effective and efficient process and mechanisms to provide employer of record services;
(b) Establish standards and procedures for considering and approving the applications of organizations that apply to function as employers of record; and
(c) Approve the applications of those organizations that apply to be employers of record if the state department determines the organizations will meet all applicable standards in the most effective and efficient manner and at the lowest cost.
(9) An organization may submit an application to be an employer of record, a local agency contractor, or both. The state department shall review and make decisions about the application of an organization to be an employer of record in the same manner, and using the same criteria, regardless of whether the organization previously never was, previously was, currently is, previously applied to be, or is currently applying to be a local agency contractor. The state department shall review and make decisions about the application of an organization to be a local agency contractor in the same manner, and using the same criteria, regardless of whether the organization never was, previously was, currently is, previously applied to be, or is currently applying to be an employer of record. An employer of record or a local agency contractor, consistent with criteria that the state department may establish, may also serve as a host site employer.
(10) The state department shall utilize any moneys for the transitional jobs program in the following manner:
(a) Transitional jobs program moneys must be used to reimburse the employer of record for the following wage-related costs for each individual who works in a transitional job:
(I) Wage costs equal to the number of hours of transitional jobs work performed for and certified by a host-site employer times the agreed upon wage, which wage must be at least the applicable minimum wage but may be defined by the funding source; and
(II) All resulting payroll taxes, including the employer of record's share of FICA taxes, medicare taxes, any applicable unemployment insurance taxes, and any applicable worker's compensation costs.
(b) The host site or a third party may increase the wage per hour or other compensation that an individual employed in a transitional job receives and shall be responsible for all wages, payroll tax, and other costs associated with the increase.
(c) Transitional jobs program moneys also shall be used to pay for:
(I) Administrative costs incurred by the state department, including payments to employers of record; and
(II) Payments to competitively selected local contracting agencies, pursuant to their contracts, for program and administrative costs actually incurred.
C.R.S. § 26-2-1104 Repeal
26-2-1104. Repeal. This part 11 is repealed, effective July 1, 2030.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-26.docxFetched: 10/6/2026