C.R.S. § 26-13.5-106 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-106
26-13.5-106. Default - issuance of establishment order of default - filing of order with dist
Status: in_force

26-13.5-106. Default - issuance of establishment order of default - filing of order with district court - rules. (1) (a) If an APA-respondent fails to appear for a currently scheduled negotiation conference, the delegate child support enforcement unit shall issue an order of default in accordance with the notice of financial responsibility.

(b) In an action to establish paternity and financial responsibility, the delegate child support enforcement unit shall issue an order of default establishing paternity and financial responsibility in accordance with the notice of financial responsibility if:

(I) The APA-respondent fails to appear for the initial negotiation conference as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility; or

(II) The APA-respondent fails to take a genetic test or fails to appear for an appointment to take a genetic test without good cause; or

(III) The results of the genetic test indicate a ninety-seven percent or greater probability that the alleged father is the father of the child, and the APA-respondent fails to appear for the negotiation conference as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility.

(b.5) The state board shall promulgate rules defining what constitutes good cause for failure to appear at a negotiation conference.

(c) The court shall approve the order of default, which must include the following:

(I) The amount of the monthly support obligation and instructions on the manner in which it must be paid;

(II) The amount of child support debt due and owing to the state department and instructions on the manner in which it must be paid;

(III) The amount of arrearages due and owing and instructions on the manner in which it must be paid;

(IV) The name of the child's custodian and the name and birth date of the child for whom support is being sought;

(V) The information required by section 14-14-111.5 (2);

(VI) In a default order establishing paternity, a statement that the obligor has been determined to be the parent of the child;

(VII) Such other information set forth in rules promulgated pursuant to section 26-13.5-113.

(d) The order for default may direct the obligor to pay for support of the child, in an amount determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period prior to the month the child support obligation begins in the order establishing financial responsibility and parentage.

(e) To approve the default order, the court shall confirm that:

(I) The default order and all other documents required to be filed with the court pursuant to this section were in fact filed with the court; and

(II) Notice was served on the APA-respondent or a waiver of service was executed by the APA-respondent pursuant to section 26-13.5-104.

(f) In approving a default order, the court shall not:

(I) Recalculate the amount of any child support obligation contained in the APA order;

(II) Schedule or conduct a court hearing; or

(III) Require the filing of additional documents with the court.

(g) (I) If the court has not approved or denied approval of the default order within thirty-six days after filing with the court, the delegate child support enforcement unit shall notify the court that the deadline for approval or denial is in seven days on the forty-second day.

(II) The court may conduct a judicial review of the order pursuant to section 26-13.5-107.

(2) A copy of any default order issued pursuant to subsection (1) of this section, along with proof of service, and, in the case of a default order establishing paternity and financial responsibility pursuant to subsection (1)(b) of this section, the APA-petitioner's verified affidavit regarding paternity and the genetic test results, if any, shall be filed with the court. Before filing with the court, a supervisor, administrator, attorney, or director of a county department of human or social services shall review the order and other documents. The clerk shall stamp the date of receipt of the copy of the default order and shall assign the order a case number. The default order has all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignments issued prior to July 1, 1996, or income assignments issued thereafter or contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. In order to enforce a judgment based on an order issued pursuant to this article 13.5, the judgment creditor shall file with the court a verified entry of judgment specifying the period of time that the judgment covers and the total amount of the judgment for that period. Notwithstanding the provisions of this subsection (2), a court order for judgment or verified entry of judgment is not required in order for the child support enforcement units to certify past-due amounts of child support to the internal revenue service or state department of revenue for purposes of intercepting a federal or state tax refund.
C.R.S. § 26-5-105.8 — CO Code / Title 26 / Article 5 / Section 26-5-105.8
26-5-105.8. Delivery of child welfare services task force - creation - duties - membership -
Status: repealed

26-5-105.8. Delivery of child welfare services task force - creation - duties - membership - reporting requirements - repeal. (Repealed)
C.R.S. § 26-5-105.4 — CO Code / Title 26 / Article 5 / Section 26-5-105.4
26-5-105.4. Title IV-E waiver demonstration project - county performance agreements - Title
Status: repealed

26-5-105.4. Title IV-E waiver demonstration project - county performance agreements - Title IV-E waiver demonstration project cash fund created - rules - repeal. (Repealed)
C.R.S. § 26-13.5-103.5 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-103.5
26-13.5-103.5. Notice of financial responsibility amended - adding children
Status: in_force

26-13.5-103.5. Notice of financial responsibility amended - adding children. (1) In any existing case commenced under this article, if it is alleged that another child has been conceived of the parents named in the existing case and at least one of the presumptions of paternity specified in section 19-4-105, C.R.S., applies, the delegate child support enforcement unit shall issue an amended notice of financial responsibility to add the child to the case.

(2) The amended notice of financial responsibility to add a child to an existing case shall be served in the manner set forth in section 26-13.5-104.

(3) The amended notice of financial responsibility to add a child to an existing case shall contain all of the advisements required in an original notice of financial responsibility as set forth in section 26-13.5-103.

(4) Notwithstanding the provisions of subsection (1) of this section, in any case where there exists more than one alleged or presumed father for a child pursuant to section 19-4-105, C.R.S., a new case shall be commenced for that child to determine the child's paternity, establish child support, and address any other related issues. If it is determined that the child is the child of parents named in an existing case, the cases shall be consolidated pursuant to rule 42 of the Colorado rules of civil procedure.
C.R.S. § 26-11.5-110 — CO Code / Title 26 / Article 11.5 / Section 26-11.5-110
26-11.5-110. Immunity from liability
Status: in_force

26-11.5-110. Immunity from liability. Any long-term care ombudsman or PACE ombudsman who, in good faith, acts within the scope of the duties and functions of this article 11.5 is immune from civil or criminal liability. For the purposes of this section, there is a rebuttable presumption that, when acting within the scope of the duties and functions of this article 11.5, an ombudsman acts in good faith. Nothing in this section abrogates or limits the immunity or exemption from civil liability of any agency, entity, or person under any statute, including the "Colorado Governmental Immunity Act", article 10 of title 24.
C.R.S. § 26-2-309 — CO Code / Title 26 / Article 2 / Part 3 / Section 26-2-309
26-2-309. Summer electronic benefits transfer for children program - creation - rules - le
Status: repealed

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.

(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).

(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. § 26-13-121.5 — CO Code / Title 26 / Article 13 / Section 26-13-121.5
26-13-121.5. Enforcement of obligation to maintain health insurance
Status: in_force

26-13-121.5. Enforcement of obligation to maintain health insurance. (1) If a parent has been ordered to provide health insurance, as defined in section 14-14-102 (4.7), C.R.S., and such insurance is available at a reasonable cost consistent with the provisions of section 14-10-115 (10)(g), C.R.S., the delegate child support enforcement unit shall use the federally mandated national medical support notice to provide notice of the insurance provision to that parent's employer unless the child or children are already enrolled in a health insurance plan in accordance with the order.

(2) The national medical support notice shall be sent to the employer by means of first-class mail. The notice shall be continuing and shall remain in effect and be binding upon any current or successor employer upon whom it is served until further notice by the court or by the delegate child support enforcement unit. Receipt of the national medical support notice by the employer shall confer jurisdiction of the court over the employer. A notice describing the rights and conditions in paragraphs (a) to (c) of subsection (3) of this section shall be sent to the obligor by first-class mail.

(3) (a) The obligor shall be provided with a copy of the national medical support notice upon submitting a written request to the delegate child support enforcement unit. The obligor shall have ten days from the date the notice describing the rights and conditions in paragraphs (a) to (c) of this subsection (3) is mailed to the obligor in which to file a written objection with the delegate child support enforcement unit based only upon one of the following mistakes of fact:

(I) There is a mistake in identity and the employee is not the obligor; or

(II) There is no court order to provide health insurance.

(b) The delegate child support enforcement unit shall have ten days from the date the objection is mailed by the obligor to resolve the mistake of fact. The delegate child support enforcement unit shall immediately notify the obligor in writing, by first-class mail, of its decision. If the delegate child support enforcement unit agrees with the obligor, it shall immediately send a notice, by first-class mail, to the employer to terminate the national medical support notice.

(c) If the obligor does not agree with the decision of the delegate child support enforcement unit, he or she may file a written objection with the court. Upon any determination by the court which results in a finding in favor of the obligor, the delegate child support enforcement unit shall immediately mail a notice of termination of the national medical support notice to the employer and to the obligor, by first-class mail. The termination of the health insurance shall only be prospective and the employee shall not be entitled to any reimbursement for any premiums withheld or deducted from his or her wage prior to the plan administrator's prompt termination of the deduction for health insurance.

(4) (a) The employer shall complete the employer response, if applicable, attached to part A of the national medical support notice, which part A includes information for and responsibilities of the employer, and shall return the employer response to the delegate child support enforcement unit within twenty business days after the date of the notice.

(b) If the employer does not maintain or contribute to family health insurance coverage or if the obligor is not eligible for family health insurance coverage through his or her employer or if the obligor is no longer employed with that employer, then the employer shall specify such relevant circumstances or conditions in the employer response and shall return part A of the national medical support notice to the delegate child support enforcement unit.

(c) If none of the circumstances or conditions described in paragraph (b) of this subsection (4) apply, then the employer shall complete the applicable sections of the employer response and transfer part B of the national medical support notice to the appropriate plan administrator within twenty business days after the date of such notice. If the employer offers a number of different types of benefits through separate health insurance plans, the employer shall send copies of part B to each appropriate plan administrator.

(d) Any employer who fails to comply with the time frames stated in this subsection (4) may be found by the court to be in contempt of court.

(5) (a) The plan administrator shall complete and return part B of the national medical support notice to the delegate child support enforcement unit within forty business days after the date of such notice.

(b) If the plan administrator determines that the national medical support notice is not a qualified medical child support order, the plan administrator shall specify on part B the basis for such determination.

(c) If the plan administrator determines that the national medical support notice is a qualified medical child support order, the plan administrator shall complete the appropriate parts of the plan administrator response. Upon enrollment of the child or children, the plan administrator shall provide the following information to the delegate child support enforcement unit: The names of the persons covered by the health insurance plan; the complete name, address, and telephone number of the insurance carrier; and the applicable policy and group number of the health insurance plan. The plan administrator shall furnish the obligee with a description of the health insurance coverage available, any required forms, information describing the steps needed to effectuate such coverage, and the effective date of the coverage.

(d) If the plan administrator reports on part B of the national medical support notice that the obligor is not enrolled in a plan, as defined in section 14-14-102 (6.5), C.R.S., and more than one option is available under the plan, the plan administrator shall provide to the delegate child support enforcement unit a summary plan description of each option including the additional participant contribution required by each option and whether there is a limited service area with any option. The delegate child support enforcement unit shall forward the information to the obligee. The obligee shall select one of the available options. Within twenty business days after the date the plan administrator's response was sent to the delegate child support enforcement unit, the delegate child support enforcement unit shall notify the plan administrator of the selection. If the delegate child support enforcement unit does not reply to the plan administrator, the plan administrator shall enroll the child or children in the least costly plan otherwise available to the obligor for the benefit of the child or children.

(e) Promptly after enrollment, the plan administrator shall notify the obligor that coverage of the child or children is or will become available and the date the coverage takes effect. The obligor may file a written objection with the court after the date of the notice of such enrollment by the plan administrator if the premium amount does not meet the definition of reasonable cost as provided in section 14-10-115 (10)(g), C.R.S. Upon any determination by the court which results in a finding in favor of the obligor, the delegate child support enforcement unit shall immediately mail a notice of termination of the national medical support notice to the obligor and to the employer by first-class mail. The termination of the health insurance shall only be prospective and the obligor shall not be entitled to any reimbursement for any premiums withheld or deducted from his or her wage prior to the plan administrator's prompt termination of the deduction for health insurance.

(f) If the plan administrator indicates that the child or children are enrolled in an option under the plan for which the employer has determined that the obligor's contribution exceeds the maximum amount allowed to be withheld under state and federal withholding limitations or prioritization, then the employer shall indicate the same and return part A of the national medical support notice to the delegate child support enforcement unit. Upon notification from the plan administrator that the child or children are enrolled, the employer shall withhold from the obligor's income any employee contribution and transfer the contribution to the appropriate plan or, if appropriate, notify the delegate child support enforcement unit that enrollment cannot be completed because of limitations or prioritization on withholding.

(g) Any employer who fails to comply with the time frames stated in this subsection (5) may be found by the court to be in contempt of court.

(6) The employer shall initiate withholding until and unless the employer receives notice from the delegate child support enforcement unit that the obligor is not responsible for the child's or children's health insurance coverage.

(7) The employer shall notify the plan administrator when an obligor has completed a waiting period or has otherwise met eligibility requirements for coverage.

(8) The national medical support notice shall not be terminated or modified except for the reasons set forth in section 14-14-112 (2)(h), C.R.S.

(9) If the national medical support notice is terminated or modified, then the employer shall comply with the provisions of section 14-14-112 (2)(k), C.R.S., regarding termination of coverage.

(10) An employer who is served with a national medical support notice shall follow the provisions of section 14-14-112 (2)(g) and (6), C.R.S., regarding notification of the termination of employment by the named obligor.

(11) Any employer who wrongfully fails to comply with this section may be subject to the sanctions set forth in section 14-14-112 (5), C.R.S.

(12) An employer shall neither refuse to hire a person nor discharge or take disciplinary action against an employee because of service of the national medical support notice pursuant to this section. Any person who violates this subsection (12) may be found by the court to be in contempt of court. If an employer discharges an employee in violation of the provisions of this section, the employee may, within ninety days, bring a civil action for the recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall be lost wages not to exceed six weeks, costs, and reasonable attorney fees.

(13) An employer who complies with a national medical support notice to deduct for health insurance benefits pursuant to this section shall not be liable to the obligor for wrongful withholding.

(14) The delegate child support enforcement unit shall comply with the provisions of section 14-14-112 (9), C.R.S., when the order for medical support is modified or terminated.

(15) Deductions for health insurance shall also be ordered by a delegate child support enforcement unit under the provisions of the "Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support", created in article 13.5 of this title.
C.R.S. § 26-2-137 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-137
26-2-137. Noncitizens programs
Status: in_force

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. § 26-2-718 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-718
26-2-718. Regionalization
Status: in_force

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. § 26-6.8-102 — CO Code / Title 26 / Article 6.8 / Section 26-6.8-102
26-6.8-102. Tony Grampsas youth services program - creation - standards - applications
Status: repealed

26-6.8-102. Tony Grampsas youth services program - creation - standards - applications. (1) (a) The Tony Grampsas youth services program is transferred to the state department. All program grants in existence as of July 1, 2013, shall continue to be valid through June 30, 2014. Persons appointed to the board shall continue serving until completion of their terms and may be reappointed as provided in section 26-6.8-103.

(b) The Tony Grampsas youth services program is established to provide state funding for community-based programs:

(I) To provide prevention and intervention services in an effort to reduce incidents of youth crime and violence;

(II) To provide prevention and intervention services in an effort to reduce the occurrence and reoccurrence of child abuse and neglect and to reduce the need for state intervention in child abuse and neglect prevention and education;

(III) For the prevention and intervention of youth alcohol, tobacco, marijuana, and other drug use; and

(IV) For the prevention and intervention of student drop out.

(2) (a) The board shall choose those entities that will receive grants through the Tony Grampsas youth services program and the amount of each grant. The state department shall administer the grants awarded and monitor the effectiveness of programs that receive grants through the Tony Grampsas youth services program.

(b) Repealed.

(c) Any grant awarded through the Tony Grampsas youth services program shall be paid from moneys appropriated pursuant to paragraph (d) of this subsection (2) or out of the general fund for the program. The board, in accordance with the timelines adopted pursuant to section 26-6.8-103 (3), shall submit a list of the entities chosen to receive grants to the governor for approval. The governor shall either approve or disapprove the entire list of entities by responding to the board within twenty days. If the governor does not respond to the board within twenty days after receipt of the list, the list is approved. The board shall not award a grant through the Tony Grampsas youth services program without the prior approval of the governor.

(d) (I) The youth services program fund is created in the state treasury. The principal of the fund consists of tobacco litigation settlement money transferred by the state treasurer to the fund pursuant to section 24-75-1104.5 (1.7)(e). Subject to annual appropriation by the general assembly, the state department may expend money from the fund for the Tony Grampsas youth services program, including the compensation of youth members of the Tony Grampsas youth services board, as described in section 26-6.8-103 (1)(e)(II). All unexpended and unencumbered money appropriated to the fund at the end of a fiscal year remains available for expenditure by the state department for the Tony Grampsas youth services program in the following fiscal year without further appropriation and must not be transferred or revert to the general fund at the end of a fiscal year.

(II) In addition to the moneys appropriated to the youth services program fund pursuant to subparagraph (I) of this paragraph (d), the fund also consists of any moneys appropriated to the fund from the marijuana tax cash fund created in section 39-28.8-501, C.R.S. Any moneys in the fund attributable to the marijuana tax cash fund shall be used for community-based programs for the prevention and intervention of marijuana use. Notwithstanding the provisions of subparagraph (I) of this paragraph (d), any unexpended and unencumbered moneys in the fund at the end of a fiscal year that are attributable to the marijuana tax cash fund shall remain in the fund and shall not be transferred to the tobacco litigation settlement cash fund or any other fund.

(III) If an entity seeks a grant from the board for a program directed at providing alcohol, tobacco, marijuana, and other drug use prevention and intervention services to youth, one of the criteria the board must consider is whether the program utilizes evidence-based practices in the delivery of services.

(3) To participate in the Tony Grampsas youth services program, an entity may apply to the board in accordance with timelines and guidelines adopted by the board pursuant to section 26-6.8-103.

(4) Entities seeking to provide youth mentoring services or to enhance existing youth mentoring programs are encouraged to submit an application to the board for grants directly from the Tony Grampsas youth services program, in addition to any funding the entities may be seeking from the youth mentoring services cash fund pursuant to section 26-6.8-104 (6), to establish or enhance youth mentoring programs. Entities submitting applications for grants directly from the Tony Grampsas youth services program pursuant to this section need not meet the requirements of section 26-6.8-104 (5)(b).
C.R.S. § 26-2-128 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-128
26-2-128. Recovery from recipient - estate
Status: repealed

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.

(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) 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. § 26-7-101 — CO Code / Title 26 / Article 7 / Section 26-7-101
26-7-101. Legislative declaration
Status: in_force

26-7-101. Legislative declaration. (1) The general assembly finds and declares that:

(a) Colorado children and youth who reside in or have previously resided in an out-of-home placement deserve and can benefit from the stability and security of permanent, safe adoptive homes;

(b) In particular, adoption is an important tool to help increase the number of permanent and stable homes for Colorado's abused and neglected children and youth; and

(c) Many children and youth who are adopted in Colorado have experienced prior abuse, neglect, multiple placements, and institutionalization. These prior experiences often cause physical, psychological, emotional, and developmental harm that affects these children and youth throughout their lives.

(2) Therefore, the general assembly declares that it is the intent of this article 7 to:

(a) Encourage families of any economic status to adopt eligible children and youth and to provide such families with benefits that will enable them to meet the needs of eligible children and youth who meet the criteria for the benefits as established in this article 7;

(b) Ensure that all families and eligible children and youth in Colorado have equal opportunities to access the benefits established in this article 7;

(c) Ensure that all families and eligible children and youth in Colorado have equal access to consistent information, guidance, and practices to ensure that the needs of each child or youth receive consistent consideration, regardless of the agency that is administering benefits pursuant to this article 7;

(d) Ensure that families are able to maintain safe and stable homes for the eligible children and youth they adopt through benefits tailored to accommodate and support the needs of the adopted eligible children and youth; and

(e) Ensure that any agency providing benefits pursuant to this article 7 has clear guidance and support in its efforts to help eligible children and youth find and maintain safe, permanent adoptive homes.
C.R.S. § 26-2-705 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-705
26-2-705. Works program - purposes
Status: in_force

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. § 26-1-122 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-122
26-1-122. County appropriations and expenditures - advancements - procedures
Status: repealed

26-1-122. County appropriations and expenditures - advancements - procedures. (1) (a) Except as provided in subsection (6) of this section and section 26-1-122.5, the board of county commissioners in each county of this state shall annually appropriate as provided by law such funds as shall be necessary to defray the county department's twenty percent share of the overall cost of providing the assistance payments, food stamps (except the value of food stamp coupons), and social services activities delivered in the county, including the costs allocated to the administration of each, and shall include in the tax levy for such county the sums appropriated for that purpose. Such appropriation shall be based upon the county social services budget prepared by the county department pursuant to section 26-1-124, after taking into account state advancements provided for in this section.

(b) In the case of a district department, each county forming a part of said district shall appropriate the funds necessary to defray its proportionate share of the costs of assistance payments, food stamps (except the value of food stamp coupons), and social services activities of such individual county based on the ratio set out in paragraph (a) of this subsection (1).

(c) Additional funds shall be made available by the board of county commissioners if the county funds so appropriated prove insufficient to defray the county department's twenty percent share of actual costs for assistance payments, food stamps (except the value of food stamp coupons), and social services activities, including the administrative costs of each.

(d) Under no circumstances shall any county expend county funds in an amount to exceed its twenty percent share of actual costs for assistance payments, food stamps (except the value of food stamp coupons), and social services activities, including the administrative costs of each, except as provided in paragraph (i) of subsection (4) of this section.

(2) (a) The county boards, in accordance with the rules of the state department, shall file requests with the state department for advancement of funds for the program costs of assistance payments, food stamps (except the value of food stamp coupons), and social services and for the administrative costs of each. The state department shall determine the requirements of each county for program costs, taking into consideration available funds and all pertinent facts and circumstances, and administrative costs, in accordance with the funding model described in section 26-1-121.5, and shall certify by voucher to the controller the amounts to be paid to each county. The amounts so certified must be paid from the state treasury upon voucher of the state department and warrant of the controller and must be credited by the county treasurer to the county social services fund in accordance with the law and rules of the state department.

(b) For purposes of operating the electronic benefits transfer service as authorized in section 26-2-104 once the service has been fully developed and implemented in any county, the state department shall determine the program costs and administrative costs related to assistance payments and food stamps for each county. Upon implementation of the electronic benefits transfer service in any county, the county share of the program and administrative costs shall either be billed to the county or deducted from appropriate advances to the county or from the county block grant allocation for implementation of the Colorado works program pursuant to part 7 of article 2 of this title. The cost of administering the electronic benefits transfer service shall not exceed the proportional cost per client that would have been paid by counties to issue benefits through the nonelectronic benefits system for the same fiscal year. Any savings that result from the use of the electronic benefits transfer service shall be shared among the state and local governments in proportion to such entities' contribution to the electronic benefits transfer service.

(3) (a) County departments shall keep such records and accounts in relation to the costs of administering assistance payments, the costs of administering food stamps, and the costs of administering social services as the state department shall prescribe by rules. Except as provided in subsection (6) of this section, all administrative costs shall be allocated, under rules of the state department, to either the performance of assistance payments functions, the performance of food stamp functions, or the performance of social services functions.

(b) Except as provided in subsection (6) of this section and section 26-1-122.5, if the county departments are administered in accordance with the policies and rules of the state department for the administration of county departments, eighty percent of the costs of administering assistance payments, food stamps, and social services in the county departments shall be advanced to the county by the state treasurer from funds appropriated or made available for such purpose, upon authorization of the state department, but in no event shall the state department authorize expenditures greater than the annual appropriation by the general assembly for the state's share of such administrative costs of the county departments. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes.

(c) For purposes of this article, and except as otherwise provided in subsection (6) of this section, under rules of the state department, administrative costs shall include: Salaries of the county director and employees of the county department staff engaged in the performance of assistance payments, food stamps, and social services activities; the county's payments on behalf of such employees for old age and survivors' insurance or pursuant to a county officers' and employees' retirement plan and for any health insurance plan, if approved by the state department; the necessary travel expenses of the county board and the administrative staff of the county department in the performance of their duties; necessary telephone and telegraph; necessary equipment and supplies; necessary payments for postage and printing, including the printing and preparation of county warrants required for the administration of the county department; and such other administrative costs as may be approved by the state department; but advancements for office space, utilities, and fixtures may be made from state funds only if federal matching funds are available.

(4) (a) County departments shall keep such records and accounts in relation to assistance payments program costs and social services program costs as the state department shall prescribe by rules and as may be required in part 7 of article 2 of this title. All program costs shall be allocated, under rules of the state department, to either assistance payments or social services.

(b) Except as provided in paragraph (d) of this subsection (4) and subsection (6) of this section, eighty percent of the amount expended for assistance payments program costs and social services program costs or the amount equal to the state's share of the amount expended as determined pursuant to section 26-1-122.5 shall be advanced to the county by the state treasurer from funds appropriated or made available for such purpose upon authorization of the state department pursuant to the provisions of this title. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes.

(c) For purposes of this article 1 and except as otherwise provided in subsection (6) of this section, under rules of the state department, program costs shall include: Amounts expended for assistance payments and social services (except for items enumerated in subsection (3)(c) of this section) under programs for aid to the needy disabled, aid to the blind, and child welfare services; expenses of treatment to prevent blindness or restore eyesight as defined in section 26-2-121; funeral and final disposition expenses as described in section 26-2-129; and state supplementation under part 2 of article 2 of this title 26.

(d) Whenever any county, by reason of an emergency or other temporary condition, shall be unable to meet its necessary financial obligations for other public assistance purposes, and at the same time meet its requirements for assistance payments and social services under the program for aid to the needy disabled, the state department may in its discretion, upon consideration of the conditions and requirements of this title, reimburse such county in excess of eighty percent of the amount expended for assistance payments and social services under such program. The state department shall determine the amount of such excess reimbursement and the period of time during which such excess reimbursement shall be made. For such purpose, the state department may use not to exceed five percent of the total amount allocated to it by the state for administrative and program costs for assistance payments and social services under the program for which the excess reimbursement is provided.

(e) When a county department provides or purchases certain specialized social services for public assistance applicants, recipients, or others to accomplish self-support, self-care, or better family life, including day care, homemaker services, foster care, and services to persons with intellectual and developmental disabilities, in accordance with applicable rules, the state may advance funds to the county department at a rate in excess of eighty percent within available appropriations, but not to exceed the amount expended by the county department for such services. The county department contribution for the period from January 1, 1981, through June 30, 1981, is ten percent, and beginning July 1, 1981, is five percent for the aid to the needy disabled home care program, the special needs of the disabled program, aid to the blind home care program, the special needs of the blind program, the adult foster care program, and other programs providing public assistance in the form of social services required by the federal "Social Security Act", as amended, for the purpose of establishing services that promote self-sufficiency for adult clients. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes. The expenses of training personnel to provide these services as determined and approved by the state department shall be paid from whatever state and federal funds are available for such training purposes.

(f) County departments shall provide or contract to provide a central information and referral service for all available services in the county which may prevent or reduce inappropriate institutional care through the use of community-based or home-based care.

(g) The state department is authorized to provide not more than ten additional homemaker positions to be located in Adams, Larimer, Garfield, Otero, and Morgan counties. Reimbursement to each county for one hundred percent homemaker costs shall be based on a minimum case load of ten clients per reimbursed position which clients are currently in or would be admitted to skilled or intermediate care facilities or hospitals and who would not otherwise be served by current county staffing. Reports shall be provided monthly to the joint budget committee.

(h) Notwithstanding any other provision of this article, the county department may spend in excess of twenty percent of actual costs for the purpose of matching federal funds for the administration of the child support enforcement program or for the administrative costs of activities involving food stamp, public assistance, or medical assistance fraud investigations or prosecutions.

(i) Notwithstanding any other provision of this article, the county department may receive and spend federal funds to which it is entitled by reason of the county's expenditures in excess of the twenty percent required by subsection (1) of this section for any social services activity that has been approved by the department as an activity that is eligible for reimbursement under any federal program. Acceptance and expenditure of such federal funds shall in no way affect the state's share of and contribution to such payments, and the county shall be solely responsible for the provision of the nonfederal share that is in excess of the twenty percent.

(j) Repealed.

(k) (I) Notwithstanding any other provision of this article, the county department may receive and spend federal funds to which it is entitled based on the county's certification of public expenditures made by other entities within the county, which expenditures:

(A) Are from sources other than the county social services fund;

(B) Are in excess of the twenty percent required by subsection (1) of this section; and

(C) Are for a social services activity that has been approved by the state department as an activity that is eligible for reimbursement under a federal program.

(II) Acceptance and expenditure of federal funds pursuant to subparagraph (I) of this paragraph (k) shall not affect the state's share of and contribution to the assistance payments program costs and social services program costs. The county shall be solely responsible for certifying the nonfederal share that is in excess of the county's twenty-percent share. The state department may retain up to five percent of any federal funds received by a county department pursuant to this paragraph (k). In addition, the state, in accordance with the provisions of section 26-1-109 (4)(d), shall recover any federal funds received by the county through the certification of public expenditures that are subsequently determined to be ineligible for federal reimbursement.

(5) Except as otherwise provided in subsection (6) of this section, if in any fiscal year the annual appropriation by the general assembly for the state's share, together with any available federal funds for any income maintenance or social services program, or the administration of either, is not sufficient to advance to the counties the full applicable state share of costs, said program or the administration thereof shall be temporarily reduced by the state board so that all available state and federal funds shall continue to constitute eighty percent of the costs.

(6) (a) Notwithstanding any other provision of this section, the board of county commissioners in each county of this state shall annually appropriate as provided by law such funds as are necessary to defray the county's maintenance of effort requirement for the Colorado works program, created in part 7 of article 2 of this title 26, and the Colorado child care assistance program, created in part 1 of article 4 of title 26.5, including the costs allocated to the administration of each, and shall include in the tax levy for such county the sums appropriated for that purpose. The county's maintenance of effort requirement for the Colorado works program for state fiscal year 1997-98 and for state fiscal years thereafter is the targeted spending level identified in section 26-2-714 (6). Such appropriation must be based upon the county social services budget prepared by the county department pursuant to section 26-1-124, after taking into account state advancements provided for in this section.

(b) Additional funds shall be made available by the board of county commissioners if the county funds so appropriated prove insufficient to defray the county department's maintenance of effort requirements for the Colorado works program and the Colorado child care assistance program, including the costs allocated to the administration of each.

(c) The state department shall establish rules concerning what constitutes administrative costs and program costs for the Colorado works program. The executive director of the department of early childhood, in coordination with county departments, shall establish rules concerning what constitutes administrative costs and program costs for the Colorado child care assistance program. The state treasurer shall make advancements to county departments for the costs of administering the Colorado works program and the Colorado child care assistance program from funds appropriated or made available for such purpose, upon authorization of the department of early childhood or the state department, as applicable; except that in no event shall the department of early childhood or the state department authorize expenditures greater than the annual appropriation by the general assembly for such administrative costs of the county departments. As funds are advanced, adjustment shall be made from subsequent monthly payments for those purposes.
C.R.S. § 26-21-108 — CO Code / Title 26 / Article 21 / Section 26-21-108
26-21-108. Repeal of article - sunset review
Status: repealed

26-21-108. Repeal of article - sunset review. (1) This article 21 is repealed, effective September 1, 2031.

(2) Prior to the repeal, the commission shall be reviewed as provided for in section 24-34-104, C.R.S.
C.R.S. § 26-11.5-105 — CO Code / Title 26 / Article 11.5 / Section 26-11.5-105
26-11.5-105. Duties of state long-term care ombudsman
Status: in_force

26-11.5-105. Duties of state long-term care ombudsman. (1) In addition to such other duties and functions as the state department may allocate to the office, the state long-term care ombudsman has the following duties and functions in implementing a statewide long-term care ombudsman program:

(a) (I) Establish statewide policies and procedures for operating the state long-term care ombudsman program including procedures to identify, investigate, and seek the resolution or referral of complaints made by or on behalf of any resident related to any action, inaction, or decision of any provider of long-term care services or of any public agency, including the state department of human services and county departments of human or social services, that may adversely affect the health, safety, welfare, or rights of the resident.

(II) The policies and procedures adopted pursuant to subsection (1)(a)(I) of this section may be applied to complaints by or on behalf of any resident of a long-term care facility where the provision of ombudsman services will either benefit residents of the facility involved in the complaint or residents of long-term care facilities in general, or where ombudsman service is the only viable avenue of assistance available to the resident and such service will not significantly diminish the program's effort on behalf of residents.

(b) Provide training and technical assistance to personnel of local ombudsman programs. Upon successful completion of such training the office may designate such personnel as qualified representatives of the office and shall issue to such representatives long-term care ombudsman identification cards.

(c) Establish procedures to analyze and monitor the development and implementation of federal, state, and local laws, regulations, and policies with respect to long-term care facilities and services. On the basis of such analysis and monitoring, the office shall recommend changes to such laws, regulations, and policies to the appropriate governing body.

(d) Prepare a notice informing residents of ombudsman services for posting at long-term care facilities.

(2) In addition to the duties and functions under subsection (1) of this section, the office and its representatives shall have the authority to pursue administrative, legal, or other appropriate remedies on behalf of residents for the purpose of effectively carrying out the provisions of paragraph (a) of subsection (1) of this section.
C.R.S. § 26-5-106 — CO Code / Title 26 / Article 5 / Section 26-5-106
26-5-106. Fraudulent acts
Status: repealed

26-5-106. Fraudulent acts. (Repealed)
C.R.S. § 26-6.8-103 — CO Code / Title 26 / Article 6.8 / Section 26-6.8-103
26-6.8-103. Tony Grampsas youth services board - members - duties - reimbursement for expens
Status: in_force

26-6.8-103. Tony Grampsas youth services board - members - duties - reimbursement for expenses. (1) (a) There is created the Tony Grampsas youth services board, which is a type 2 entity, as defined in section 24-1-105. The board consists of the following members:

(I) Four adult members appointed by the governor;

(II) Two youth members appointed by the governor;

(III) Three adult members appointed by the speaker of the house of representatives;

(IV) Two adult members appointed by the president of the senate; and

(V) One adult member appointed by the minority leader of the senate.

(b) No more than seven of the members appointed to the board may be affiliated with the same political party.

(c) In addition to the appointed board members, the executive director or the executive director's designee shall serve as a member of the board.

(d) (I) In appointing adult members to the board, the governor, the speaker of the house of representatives, and the president and the minority leader of the senate shall:

(A) Choose persons who have a knowledge and awareness of innovative strategies for youth crime and violence prevention and intervention services and for reducing the occurrence and reoccurrence of child abuse and neglect; and

(B) Appoint one or more persons who possess knowledge and awareness of early childhood care and education. As used in this subsection (1)(d)(I)(B), "early childhood" means younger than nine years of age.

(II) In appointing members to the board, the speaker of the house of representatives and the president of the senate shall each appoint at least one person who has a knowledge and awareness of student issues, including the causes of student dropout in secondary schools, as well as innovative strategies for reducing the dropout rate among secondary school students.

(III) In appointing members to the board, the governor shall:

(A) Appoint at least one person who is representative of a minority community;

(B) Appoint at least one person who is knowledgeable in the area of child abuse and neglect prevention and intervention; and

(C) Appoint at least one person who is knowledgeable in the area of youth crime and violence prevention and intervention.

(IV) In appointing youth members to the board, the governor shall appoint members who are fifteen years of age or older but under twenty-six years of age. A youth board member who reaches twenty-six years of age during the youth board member's term may remain on the board for the remainder of the term.

(e) The board shall choose a chair and vice-chair from among its members.

(f) (I) The appointed members of the board shall serve three-year terms; except that the terms of appointed members shall be staggered so that no more than a minimum majority of the appointed members' terms expire in the same year. If a vacancy arises in one of the appointed offices, the authority making the original appointment shall fill the vacancy for the remainder of the term.

(II) Adult and youth members of the board may be reimbursed out of available appropriations for actual and necessary expenses incurred in the performance of their duties.

(g) The board is authorized to meet, when necessary, via telecommunications.

(2) (a) The board shall develop and make available program guidelines, including but not limited to:

(I) Guidelines for proposal design;

(II) Local public-to-private funding match requirements; and

(III) Processes for local review and prioritization of program applications.

(b) In addition to the guidelines developed pursuant to subsection (2)(a) of this section, the board shall develop criteria for awarding grants under the Tony Grampsas youth services program, including but not limited to the following requirements:

(I) That the program is operated in cooperation with a local government, a local governmental agency, or a local nonprofit or not-for-profit agency;

(II) That the program is community-based, receiving input from organizations in the community such as schools, community mental health centers, local nonprofit or not-for-profit agencies, local law enforcement agencies, businesses, and individuals within the community;

(II.5) That the grant application process identifies and prioritizes funding programs that meet a need in the community, including, but not limited to, the presence of risk factors in a grant applicant's intended populations; and

(III) (A) That the program is directed at providing prevention and intervention services to children, youth, and their families in an effort to decrease incidents of youth crime and violence; prevent child abuse and neglect; or decrease youth alcohol, tobacco, marijuana, and other drug use, or that the program is directed at providing services to students and their families in an effort to reduce the dropout rate in secondary schools pursuant to section 26-6.8-105.

(B) If an entity is seeking a grant from the board for a student dropout prevention and intervention program pursuant to section 26-6.8-105, one of the criteria that the board shall consider is whether the program has been implemented elsewhere, if known, and, if so, the relative success of the program. It is not required, however, that the program be previously implemented for the board to award a grant to the entity.

(C) If an entity is seeking a grant from the board for a program directed at providing prevention and intervention services to youth and their families in an effort to decrease incidents of youth crime and violence, one of the criteria that the board shall consider is whether the program includes restorative justice components. It is not required, however, that the program include restorative justice components for the board to award a grant to the entity.

(c) In addition to the guidelines and criteria developed pursuant to paragraphs (a) and (b) of this subsection (2), the board shall develop result-oriented criteria for measuring the effectiveness of programs that receive grants under the Tony Grampsas youth services program as deemed appropriate to the nature of each program including, but not limited to, requiring grantees to evaluate the impact of the services provided by the program. Any criteria developed pursuant to this paragraph (c) for measuring the effectiveness of student dropout prevention and intervention programs established pursuant to section 26-6.8-105 shall include the implementation of a method by which to track the students served by the program to evaluate the impact of the services provided, which tracking shall continue, if possible, for at least two years or through graduation from a secondary school, whichever occurs first.

(3) In addition to the guidelines and criteria developed pursuant to subsection (2) of this section, the board shall establish timelines for submission and review of applications for grants through the Tony Grampsas youth services program. The board shall also adopt timelines for submission to the governor of the list of entities chosen to receive grants. If the governor disapproves the list, the board may submit a replacement list within thirty days after such disapproval.

(4) The board shall review all applications received pursuant to section 26-6.8-102 for grants from the Tony Grampsas youth services program and choose those entities that shall receive grants through the Tony Grampsas youth services program and the amount of each grant.

(5) In addition to the duties relating specifically to the Tony Grampsas youth services program specified in this section, the board shall operate the prevention and intervention programs specified in this article 6.8 and such other prevention and intervention programs as may be assigned to the board by executive order to be funded by federal money, state money, or both. All unexpended and unencumbered money appropriated to the fund at the end of a fiscal year remains available for expenditure by the state department for the Tony Grampsas youth services program in the following fiscal year without further appropriation and must not be transferred or revert to the general fund at the end of a fiscal year.
C.R.S. § 26-6-704 — CO Code / Title 26 / Article 6 / Part 7 / Section 26-6-704
26-6-704. Temporary care assistance program - limitations on duration of delegation - appr
Status: in_force

26-6-704. Temporary care assistance program - limitations on duration of delegation - approved temporary caregiver. (1) (a) (I) A parent or guardian of a minor may use the assistance of a temporary care assistance program to identify an approved temporary caregiver to delegate any power regarding care, custody, or property of the minor, except the power to consent to marriage or adoption, by a power of attorney, as described in section 15-14-105.

(II) A temporary care assistance program must make diligent efforts to notify any parent or guardian identified by the delegating parent as having parental rights or legal decision-making authority regarding the minor's care.

(III) A parent who is named as a respondent in an open dependency and neglect case may not use the assistance of a temporary care assistance program, as described in this part 7.

(b) (I) Notwithstanding any other provisions of law, a power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver must not exceed six months, except as provided in subsection (1)(b)(II) of this section.

(II) A person who is deployed by or called to active duty in the United States military may exceed the time limit described in subsection (1)(b)(I) of this section; except that the total length of a delegation of power made to an approved temporary caregiver by a person who is deployed by or called to active duty in the United States military must not be longer than the end of the member's deployment or call to active duty, plus thirty days.

(c) The parent or guardian of the minor has the authority to revoke a power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver at any time. Upon expiration or revocation of the power of attorney, the minor must be returned to the custody of the parent or guardian as soon as reasonably possible, but no later than forty-eight hours after such expiration, revocation, or other termination.

(d) A power of attorney that delegates temporary care responsibility of a minor to an approved temporary caregiver does not:

(I) Change parental rights, legal rights, obligations, or other authority established by an existing court order and does not deprive a parent or guardian of rights, obligations, or other authority relating to the custody, visitation, or support of a minor;

(II) Constitute child abuse or neglect, as defined in section 19-1-103 (1); or

(III) Result in a child being neglected or dependent, as described in section 19-3-102, unless the parent or guardian fails to make contact, execute a new power of attorney, or retake custody within seventy-two hours after an expired power of attorney, or after the total time limit described in subsection (1)(b) of this section has elapsed.

(2) (a) An approved temporary caregiver shall exercise parental or legal authority on a continuous basis and without compensation for the intended duration of the power of attorney.

(b) (I) A minor subject to the power of attorney that delegates temporary care responsibility of the minor to an approved temporary caregiver is not deemed placed in a foster care home, as defined in section 26-6-903, and the approved temporary caregiver is not deemed to be providing foster care nor be subject to the licensing requirements of foster care.

(II) Nothing in this section disqualifies an approved temporary caregiver from being or becoming a foster care home certified by a county department or private agency pursuant to section 26-6-910.

(c) Any period of time during which a minor resides with an approved temporary caregiver pursuant to an unexpired and valid power of attorney is not included in determining whether the minor has resided with the approved temporary caregiver for the minimum period required for a person to be considered a person other than a parent who has had the physical care of a child for the purposes of section 14-10-123.
C.R.S. § 26-2-721.3 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-721.3
26-2-721.3. Colorado works program maintenance fund - creation - use - report
Status: in_force

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. § 26-8.2-105 — CO Code / Title 26 / Article 8.2 / Section 26-8.2-105
26-8.2-105. Cooperation of center with other agencies
Status: in_force

26-8.2-105. Cooperation of center with other agencies. The center and the division of correctional industries and any other public agency from which procurement of products or services is required under any law in effect on July 1, 1979, are authorized to enter into such contractual agreements, cooperative working relationships, or other arrangements as may be beneficial for effective coordination and efficient realization of the objectives of this article and any other law requiring procurement of products or services from any public agency.
C.R.S. § 26-12-104 — CO Code / Title 26 / Article 12 / Part 1 / Section 26-12-104
26-12-104. Eligibility for care
Status: in_force

26-12-104. Eligibility for care. (1) A person must be considered for admission to a veterans center if he or she meets the eligibility requirements prescribed in state and federal regulations.

(2) After admission, a resident shall be subject to periodic review as to financial status, need for continuing medical institutional care, and other eligibility factors.

(3) A resident may be transferred or discharged for cause in accordance with federal regulations.
C.R.S. § 26-2-119 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-119
26-2-119. Amount of assistance payments - aid to the needy disabled - rules
Status: repealed

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. § 26-1-111 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-111
26-1-111. Activities of the state department under the supervision of the executive direct
Status: repealed

26-1-111. Activities of the state department under the supervision of the executive director - cash fund - report - rules - statewide adoption resource registry. (1) The state department, under the supervision of the executive director, is charged with the administration or supervision of all the public assistance and welfare activities of the state, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging and for veterans, which activities as enumerated are declared to be state as well as county purposes.

(2) The state department, under the supervision of the executive director, shall:

(a) Administer or supervise all forms of public assistance and welfare, including but not limited to assistance payments, food stamps, and social services under programs for old age pensions except for the old age pension health and medical care program, and shall also administer and supervise the Colorado works program, aid to the blind, aid to the needy disabled, food stamps supplementation to households not receiving public assistance found eligible for food stamps under rules adopted by the state board, and such other public assistance and welfare activities as may be vested in the state department pursuant to law;

(b) Administer or supervise the establishment, extension, and strengthening of child welfare services and other social services in cooperation with the federal department of health, education, and welfare and other state or federal agencies;

(c) Administer the establishment, extension, and strengthening of rehabilitation programs and services, programs and services for the aging, and veterans' affairs activities in cooperation with the federal department of health, education, and welfare and other state or federal agencies;

(d) (I) Provide services to county governments including the organization and supervision of county departments for the effective administration of public assistance and welfare functions as set out in the rules of the executive director and the rules of the state board pursuant to section 26-1-107 as to program scope and content, including assistance payments, food stamps, and social services, and compilation of statistics and necessary information relative to assistance payments, food stamps, social services, child welfare services, including out-of-home placement services, rehabilitation, programs for the aging, and veterans' programs throughout the state, and obtaining federal reimbursement moneys available under the Title IV-E program created under the federal "Social Security Act", as amended, based on out-of-home placements and alternative care treatment by county departments of children eligible for Title IV-E federal assistance, which moneys shall be allocated to counties to help defray the costs of performing its functions; except that nothing in this paragraph (d) shall be construed to allow counties to continue to receive an amount equal to the increased funding in the event the said funding is no longer available from the federal government.

(II) (A) For the fiscal year beginning July 1, 1991, the state department shall pay to each county an amount equal to all federal revenues earned by the state pursuant to Title IV-E of the federal "Social Security Act", as amended, which exceed the amount necessary to fully fund program, training, and administrative costs that are reimbursed under Title IV-E for eligible services for the fiscal year beginning July 1, 1990, plus an amount necessary to fully fund the state foster care review program for the fiscal year beginning July 1, 1991.

(B) For each fiscal year after the fiscal year beginning July 1, 1991, the amount set aside from federal revenues earned by the state in accordance with sub-subparagraph (A) of this subparagraph (II) to fully fund Title IV-E eligible services and the costs of the administrative review unit shall be adjusted annually by the general assembly to reflect rate changes, workload, federal financial participation, and any other factor determined as necessary to maintain a comparable level of said services and costs as for the respective fiscal years described in sub-subparagraph (A) of this subparagraph (II).

(C) For fiscal year 2003-04 and each fiscal year thereafter, after the amounts described in subsections (2)(d)(II)(A) and (2)(d)(II)(B) of this section are set aside, the total amount of money remaining shall be transmitted to the state treasurer, who shall credit the same to the excess federal Title IV-E reimbursements cash fund, which fund is hereby created and referred to in this subsection (2)(d)(II)(C) as the "fund". The money in the fund is subject to annual appropriation by the general assembly to the state department for allocation to counties to help defray the costs of performing administrative functions related to obtaining federal reimbursement money available under the Title IV-E program. In addition, the general assembly may annually appropriate money in the fund to the department of early childhood for allocation to the counties for the provision of child care assistance, as described in section 26.5-4-105, and to the state department for allocation to the counties for the provision of assistance, as defined in section 26-2-703 (2); social services, as defined in section 26-2-103 (11); and child welfare services, as defined in section 26-5-101 (3). For fiscal year 2004-05, and in subsequent years if so specified by the general assembly in the annual appropriations act, the counties shall expend the money allocated by the department of early childhood for the provision of child care assistance and by the state department for the provision of assistance, social services, and child welfare services pursuant to this subsection (2)(d)(II)(C) in a manner that will be applied toward the state's maintenance of historic effort as specified in section 409 (a)(7) of the federal "Social Security Act", as amended. Any money in the fund not expended for the purposes specified in this subsection (2)(d)(II)(C) may be invested by the state treasurer as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and is not credited or transferred or revert to the general fund or another fund.

(C.5) and (D) Repealed.

(E) One hundred percent of the federal Title IV-E incentive funding received by the state for completion of timely interstate home studies shall be distributed to the county departments conducting the home studies. The Title IV-E incentives paid to the county departments pursuant to this sub-subparagraph (E) shall be divided and distributed according to the distribution formula set forth in rules to be promulgated by the state board no later than January 1, 2008. A county department receiving an incentive payment pursuant to this sub-subparagraph (E) shall expend those moneys for the provision of services allowed under Title IV-B and Title IV-E of the federal "Social Security Act", as amended.

(III) (Deleted by amendment, L. 2004, p. 955, § 1, effective May 21, 2004.)

(e) Prescribe the form of blanks necessary for applications, reports, affidavits, and such other forms as it may deem necessary and advisable;

(f) Designate child placement agencies licensed pursuant to part 9 of article 6 of this title 26 or county departments to act as agents of the state department for the purpose of authorizing child care placement as set forth in section 26-1-107 (6)(e) and county departments to serve as agents of the state department in the performance of certain public assistance and welfare and related activities in the county;

(g) Cooperate with other departments, agencies, and institutions of the state and federal governments in the performance of activities in conformity with the purposes of this title;

(h) Act as the agent of the federal government in public assistance and welfare activities, including but not limited to assistance payments, food stamps, social services, child welfare services, rehabilitation, and programs for the aging, in matters of mutual concern in conformity with this title and in the administration of any federal funds granted to the state to aid in the furtherance of any functions of the state department;

(i) Administer such additional public assistance and welfare activities and functions as may be vested in it pursuant to law;

(j) and (k) (Deleted by amendment, L. 93, p. 1111, § 24, effective July 1, 1994.)

(l) Repealed.

(m) (Deleted by amendment, L. 97, p. 1220, § 4, effective July 1, 1997.)

(n) and (o) (Deleted by amendment, L. 93, p. 1111, § 24, effective July 1, 1994.)

(p) Carry out the duties prescribed in article 11.7 of title 16, C.R.S.;

(q) Promulgate rules in accordance with section 19-3-308 (1), C.R.S., for determining the risk of harm to a child who is the subject of a child abuse and neglect report setting forth the appropriate response by the county departments to such risks;

(r) Adopt standards for conducting videotaped child abuse interviews in accordance with section 19-3-308.5 (3), C.R.S.;

(s) Promulgate rules in accordance with section 19-3-211, C.R.S., for establishing a conflict resolution process for resolving grievances against the county departments concerning responses to reports of child abuse and neglect and the performance of duties pursuant to article 3 of title 19, C.R.S. The rules must take into account and allow for any subsequent locally developed grievance procedures that apply to a locally restructured human services system to ensure consistency within the system.

(t) Repealed.

(u) Coordinate prevention and intervention programs, other than programs created in title 26.5, focused on positive youth development in accordance with state law and rules. The coordination must include the state youth development plan developed pursuant to section 26-1-111.3 that identifies key issues affecting youth to align strategic efforts and achieve positive outcomes for youth.

(3) (Deleted by amendment, L. 93, p. 1111, § 24, effective July 1, 1994.)

(4) (a) The state department shall establish a statewide adoption resource registry which shall serve authorized or licensed child placement agencies, including, but not limited to, any agency, official, or court of the state or any of its political subdivisions authorized to place children and any other organizations or individuals whose purpose is to seek or assist in the adoptive placement of children who are listed or who may be listed in the adoption resource registry. As a means of recruiting adoptive families for children who have been legally freed for adoption by the termination of all parent-child legal relationships, including residual parental rights and responsibilities, and who are waiting for adoption in this state, such agencies and other organizations and individuals whose purpose is to seek or assist in the adoption of waiting children shall utilize any appropriate means to publicize the availability of such children. The statewide adoption resource registry shall include the age, sex, race or ethnic background of each child, a photograph of the child, and the child's social and medical history, psychological and emotional status, and known physical and mental impairments. It may also include any special services a child may need and physical descriptions, educational backgrounds, and known medical and emotional conditions of the child's parents and other relatives which may have developmental significance to the child. The statewide adoption resource registry shall be updated monthly.

(b) (Deleted by amendment, L. 93, p. 1111, § 24, effective July 1, 1994.)

(c) Unless otherwise exempted pursuant to rules adopted by the state board, each authorized or licensed child placement agency shall refer to the statewide adoption resource registry within ninety days of the termination of the parent-child legal relationship the name and a photograph and description of each child in its care, as required by regulations of the state board, who has been legally freed for adoption by the termination of the parent-child legal relationship and for whom no adoptive home has been found. The state board, in accordance with section 26-1-107 (6)(f), shall establish criteria by which an authorized or licensed child placement agency may determine that a child need not be listed with the registry. Such a child's name shall be forwarded to the state department by the authorized or licensed child placement agency, with reference to the specific reason for which the child was not placed with the registry. The state board shall establish procedures for periodic review of the status of such children in accordance with section 26-1-107 (6)(f). If the state department, in accordance with the criteria established by the state board, determines that adoption would be appropriate for a child not placed with the registry, the agency shall forthwith list the child. Each authorized or licensed child placement agency may voluntarily refer any child who has been legally freed for adoption.

(d) Expenditures by a county department for the care and maintenance of a child who has not been referred to the statewide adoption resource registry in accordance with the requirements of this section shall not be subject to state reimbursement.

(5) to (7) Repealed.
C.R.S. § 26-2-716 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-716
26-2-716. County duties - appropriations - penalties - hardship extensions - domestic viol
Status: in_force

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.

(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.

(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. 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. § 26-5.4-102 — CO Code / Title 26 / Article 5.4 / Section 26-5.4-102
26-5.4-102. Definitions
Status: in_force

26-5.4-102. Definitions. As used in this article 5.4, unless the context otherwise requires:

(1) "Foster care prevention services" means mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, kinship navigator programs, and other programs eligible for reimbursement under the federal "Family First Prevention Services Act" that are trauma-informed, promising, supported or well-supported, and provided to prevent foster care placement.

(2) "Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal "Family First Prevention Services Act", 42 U.S.C. sec. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child or youth required in section 19-1-115 (4)(e)(I).

(3) "Trauma-informed" refers to the services to be provided to or on behalf of a child or youth under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma's consequences and facilitate healing.
C.R.S. § 26-6-903 — CO Code / Title 26 / Article 6 / Part 9 / Section 26-6-903
26-6-903. Definitions
Status: in_force

26-6-903. Definitions. As used in this part 9, unless the context otherwise requires:

(1) "Affiliate of a licensee" means:

(a) A person or entity that owns more than five percent of the ownership interest in the business operated by the licensee or the applicant for a license; or

(b) A person who is directly responsible for the care and welfare of children served; or

(c) An executive, officer, member of the governing board, or employee of a licensee; or

(d) A relative of a licensee, which relative provides care to children at the licensee's facility or agency or is otherwise involved in the management or operations of the licensee's facility or agency.

(2) "Application" means a declaration of intent to obtain or continue a license or certificate for a residential or day treatment child care facility or child placement agency.

(3) "Certificate" means a legal document granting permission to operate a foster care home or a kinship foster care home.

(4) "Certification" means the process by which a county department of human or social services, a child placement agency, or a federally recognized tribe pursuant to applicable federal law approves the operation of a foster care home or a kinship foster care home.

(5) "Child care center" means a facility, by whatever name known, that is maintained for twenty-four-hour care for five or more children, unless otherwise specified in this subsection (5), who are not related to the owner, operator, or manager of the facility, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as residential child care facilities, day treatment facilities, specialized group facilities, secure residential treatment centers, and respite child care facilities.

(6) "Child placement agency" or "agency" means a corporation, partnership, association, firm, agency, institution, or person unrelated to the child being placed, who places, facilitates placement for a fee, or arranges for placement for care of a child under eighteen years of age with a family, person, or institution. A child placement agency may place, facilitate placement, or arrange for the placement of a child for the purpose of adoption, foster care, treatment foster care, or therapeutic foster care. The natural parents or guardian of a child who place the child for care with a facility licensed as a family child care home or child care center, as defined in section 26.5-5-303, are not a child placement agency.

(7) "Cradle care home" means a facility that is certified by a child placement agency for the care of a child, or children in the case of multiple-birth siblings, who is twelve months of age or younger, in a place of residence for the purpose of providing twenty-four-hour family care for six months or less in anticipation of a voluntary relinquishment of the child or children, pursuant to article 5 of title 19, or while a county prepares an expedited permanency plan for an infant in its custody.

(8) (a) (I) "Day treatment center" means a facility that:

(A) Except as provided in subsection (8)(a)(II) of this section, provides less than twenty-four-hour care for groups of five or more children who are three years of age or older, but less than twenty-one years of age; and

(B) Provides a structured program of various types of psycho-social and behavioral treatment to prevent or reduce the need for placement of the child out of the home or community.

(II) Nothing in this subsection (8) prohibits a day treatment center from allowing a person who reaches twenty-one years of age after the commencement of an academic year from attending an educational program at the day treatment center through the end of the semester in which the twenty-first birthday occurs or until the person completes the educational program, whichever comes first.

(b) "Day treatment center" does not include special education programs operated by a public or private school system or programs that are licensed by the department of early childhood for less than twenty-four-hour care of children, such as a child care center.

(9) "Department" or "state department" means the state department of human services.

(10) "Foster care home" means a home that is certified by a county department or a child placement agency pursuant to section 26-6-910, or a federally recognized tribe pursuant to applicable federal law, for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family foster care for a child or youth less than twenty-one years of age. A foster care home may include foster care for a child or youth who is unrelated to the head of the home. The term includes a foster care home that receives a child for regular twenty-four-hour care and a home that receives a child or youth from a state-operated institution for child care or from a child placement agency. "Foster care home" also includes those homes licensed by the department pursuant to section 26-6-905 that receive neither money from the counties nor children or youth placed by the counties.

(11) "Governing body" means the individual, partnership, corporation, or association in which the ultimate authority and legal responsibility is vested for the administration and operation of a residential or day treatment child care facility or a child placement agency.

(12) "Guardian" means a person who is entrusted by law with the care of a child under eighteen years of age.

(13) "Homeless youth shelter" means a facility that, in addition to other services it may provide, provides services and mass temporary shelter for a period of three days or more to youths who are at least eleven years of age or older and who otherwise are homeless youth as that term is defined in section 26-5.7-102 (2).

(14) "ICON" means the computerized database of court records known as the integrated Colorado online network used by the state judicial department.

(15) "Kin" means a relative of the child, a person ascribed by the family as having a family-like relationship with the child, or a person that has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child.

(16) "Kinship foster care home" means a kinship foster care home that has been certified pursuant to section 26-6-910 to care for a relative or kin only. A kinship foster care home provides twenty-four-hour foster care for a child or youth who is a relative or kin, who is less than twenty-one years of age, and who is eligible for the same foster care reimbursement, assistance, and other supports as foster care homes pursuant to section 26-6-904.5. "Kinship foster care home" does not include non-certified kinship care as that term is defined in subsection (21.5) of this section.

(17) "License" means a legal document issued pursuant to this part 9 granting permission to operate a residential or day treatment child care facility or child placement agency. A license may be in the form of a provisional, probationary, permanent, or time-limited license.

(18) "Licensee" means the entity or individual to which a license is issued and that has the legal capacity to enter into an agreement or contract, assume obligations, incur and pay debts, sue and be sued in its own right, and be held responsible for its actions. A licensee may be a governing body.

(19) "Licensing" means, except as otherwise provided in subsection (10) of this section, the process by which the department approves a facility or agency for the purpose of conducting business as a residential or day treatment child care facility or child placement agency.

(20) "Medical foster care" means a program of foster care that provides home-based care for medically fragile children and youth who would otherwise be confined to a hospital or institutional setting and includes, but is not limited to:

(a) Infants impacted by prenatal drug and alcohol abuse;

(b) Children with developmental disabilities that require ongoing medical intervention;

(c) Children and youth diagnosed with acquired immune deficiency syndrome or human immunodeficiency virus;

(d) Children with a failure to thrive or other nutritional disorders; and

(e) Children dependent on technology such as respirators, tracheotomy tubes, or ventilators to survive.

(21) (a) "Negative licensing action" means a final agency action resulting in the denial of an application, the imposition of fines, or the suspension or revocation of a license issued pursuant to this part 9 or the demotion of such a license to a probationary license.

(b) As used in this subsection (21), "final agency action" means the determination made by the department, after the opportunity for a hearing, to deny, suspend, revoke, or demote to probationary status a license issued pursuant to this part 9 or an agreement between the department and the licensee concerning the demotion of such a license to a probationary license.

(21.5) "Non-certified kinship care" means kinship care that is provided to a child or youth who is less than twenty-one years of age by a relative or kin who has a significant relationship with the child or youth and who has either chosen not to pursue the certification process or who has not met the certification requirements for a kinship foster care home as set forth in this part 9.

(22) "Out-of-home placement provider consortium" means a group of service providers that are formally organized and managed to achieve the goals of the county, group of counties, or mental health agency contracting for additional services other than treatment-related or child maintenance services.

(23) "Person" means a corporation, partnership, association, firm, agency, institution, or individual.

(24) "Place of residence" means the place or abode where a person actually lives and provides child care.

(25) "Qualified individual" means a trained professional or licensed clinician, as defined in the federal "Family First Prevention Services Act". A "qualified individual" must be approved to serve as a qualified individual according to the state plan. A "qualified individual" must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth or making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.

(26) "Qualified residential treatment program" means a licensed and accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal "Family First Prevention Services Act", 42 U.S.C. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child or youth required in section 19-1-115 (4)(e)(I).

(27) "Related" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew, or cousin.

(28) "Relative" means any of the following relationships by blood, marriage, or adoption: Parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.

(29) "Residential child care facility" means a facility licensed by the state department pursuant to this part 9 to provide twenty-four-hour group care and treatment for five or more children operated under private, public, or nonprofit sponsorship. "Residential child care facility" includes community-based residential child care facilities; qualified residential treatment programs, as defined in section 26-5.4-102 (2); shelter facilities; and psychiatric residential treatment facilities as defined in section 25.5-4-103 (19.5). A residential child care facility may be eligible for designation by the executive director of the state department pursuant to article 65 of title 27. A child who is admitted to a residential child care facility must be:

(a) Five years of age or older but less than eighteen years of age; or

(b) Less than twenty-one years of age and placed by court order or voluntary placement; or

(c) Accompanied by a parent if less than five years of age.

(30) "Residential or day treatment child care facility" or "facility" means a residential child care facility, including a qualified residential treatment program, psychiatric residential treatment program, shelter care program, and homeless youth program; specialized group facility, including a group home and group center; day treatment center; secure residential treatment center; respite child care center; or homeless youth shelter, including a host family home.

(31) "Respite child care center" means a facility for the purpose of providing temporary twenty-four-hour group care for three or more children or youth who are placed in certified foster care homes or approved noncertified kinship care homes, and children or youth with open cases through a regional accountable entity. A respite child care center is not a treatment facility, but rather its primary purpose is providing recreational activities, peer engagement, and skill development to the children and youth in its care. A respite child care center serves children and youth from five years of age to twenty-one years of age. A respite child care center may offer care for only part of a day. For purposes of this subsection (31), "respite child care" means an alternate form of care to enable caregivers to be temporarily relieved of caregiving responsibilities.

(32) "Secure residential treatment center" means a facility operated under private ownership that is licensed by the department pursuant to this part 9 to provide twenty-four-hour group care and treatment in a secure setting for five or more children or persons up to the age of twenty-one years over whom the juvenile court retains jurisdiction pursuant to section 19-2.5-103 (6) who are committed by a court, pursuant to an adjudication of delinquency or pursuant to a determination of guilt of a delinquent act or having been convicted as an adult and sentenced for an act that would be a crime if committed in Colorado, or in the committing jurisdiction, to be placed in a secure facility.

(33) "Sibling" means one or more individuals having one or both parents in common.

(34) (a) "Specialized group facility" means a facility sponsored and supervised by a county department or a licensed child placement agency for the purpose of providing twenty-four-hour care for three or more children, but fewer than twelve children, whose special needs can best be met through the medium of a small group. A child who is admitted to a specialized group facility must be:

(I) At least seven years of age or older but less than eighteen years of age;

(II) Less than twenty-one years of age and placed by court order or voluntary placement; or

(III) Accompanied by a parent or legal guardian if less than seven years of age.

(b) "Specialized group facility" includes specialized group homes and specialized group centers.

(35) "Therapeutic foster care" means a program of foster care that incorporates treatment for the special physical, psychological, or emotional needs of a child placed with specially trained foster parents, but does not include medical foster care.

(36) "Treatment foster care" means a clinically effective alternative to a residential treatment facility that combines the treatment technologies typically associated with more restrictive settings with a nurturing and individualized family environment.
C.R.S. § 26-12-202 — CO Code / Title 26 / Article 12 / Part 2 / Section 26-12-202
26-12-202. Walsenburg veterans community living center - contractual arrangement
Status: in_force

26-12-202. Walsenburg veterans community living center - contractual arrangement. (1) For as long as the contract is in effect with the Huerfano county hospital district for the operation of the Walsenburg veterans community living center, the contract shall state that the veterans center is a separate entity for financial reporting purposes. The contract shall also state that the district is responsible for financial reporting, rate calculation, financial performance, compliance with all state and federal regulations, and compliance with section 20 of article X of the state constitution.

(2) The Walsenburg veterans community living center must remain a state-owned entity for purposes of qualifying for federal veterans assistance payments and other federal veterans programs.

(3) Nothing in this section shall be construed as affecting the state's ability to take over operations or to contract with any other entity should the contract with the district terminate.
C.R.S. § 26-13.5-119 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-119
26-13.5-119. Request for court hearing - transfer of jurisdiction
Status: in_force

26-13.5-119. Request for court hearing - transfer of jurisdiction. (1) At any time after effecting service of process pursuant to section 26-13.5-104, the delegate child support enforcement unit may refer the case to court by requesting a court hearing for the establishment or modification of child support without additional service of process when:

(a) The APA-respondent is incarcerated and does not participate in a negotiation conference or sign a stipulated order;

(b) An alleged or presumed parent is excluded by genetic testing results pursuant to section 13-25-126;

(c) A parent receives an adoption subsidy for a dependent child; or

(d) Any other reason set forth in rule.

(2) An APA-respondent may opt out of the APA proceedings and a court hearing must be scheduled pursuant to this section if, prior to the date and time of the currently scheduled negotiation conference, the APA-respondent delivers to the delegate child support enforcement unit a written request for a court hearing.
C.R.S. § 26-5.4-101 — CO Code / Title 26 / Article 5.4 / Section 26-5.4-101
26-5.4-101. Legislative declaration
Status: in_force

26-5.4-101. Legislative declaration. (1) The federal "Family First Prevention Services Act" was enacted on February 9, 2018. In order to comply with the provisions of the "Family First Prevention Services Act", the general assembly finds it is necessary to update current statutes to enable Colorado to provide enhanced support to children, youth, and their families in order to prevent foster care placements.

(2) It is the intent of the general assembly to treat children and youth in-home or with a kin caregiver when doing so serves the safety, permanent placement, and well-being of the child or youth.
C.R.S. § 26-13.5-123 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-123
26-13.5-123. Where administrative process action order filed - electronic filing of order dat
Status: in_force

26-13.5-123. Where administrative process action order filed - electronic filing of order data - custodian of the record - applicability. (1) A stipulated, temporary, or default order must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued, or in the district court where an action relating to support is pending or where an order exists but is silent on the issue of child support.

(2) A stipulated or default order of modification must be filed in the county and case where the initial APA order was filed.

(3) In appropriate cases, the delegate child support enforcement unit shall transmit data elements of the order, return of service of process, and other APA documents to the clerk of the court in the county where the notice of financial responsibility was issued in lieu of filing the order and other documents with the court.

(4) When the original order is not filed with the court, the delegate child support enforcement unit shall be the custodian of the record until the order is filed with the court.

(5) This section applies to both establishment and modification cases.
C.R.S. § 26-5.5-101 — CO Code / Title 26 / Article 5.5 / Section 26-5.5-101
26-5.5-101. Short title
Status: in_force

26-5.5-101. Short title. This article shall be known and may be cited as the "Colorado Family Preservation Act".
C.R.S. § 26-1-142 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-142
26-1-142. Veteran suicide prevention pilot program - rules - report - definitions - repeal
Status: repealed

26-1-142. Veteran suicide prevention pilot program - rules - report - definitions - repeal. (Repealed)
C.R.S. § 26-11-105 — CO Code / Title 26 / Article 11 / Part 1 / Section 26-11-105
26-11-105. Duties of commission - report
Status: in_force

26-11-105. Duties of commission - report. (1) The commission, through its executive committee described in section 26-11-102 (1); in coordination with the state department liaison to the commission, appointed pursuant to section 26-11-104; and in coordination with independent staff, contracted pursuant to section 26-11-104, shall carry out the following duties:

(a) Serve as the principal advocacy body in the state on behalf of older Coloradans, including but not limited to participating as an advisor in the development and consideration of legislation and regulations made by state and federal departments and agencies relating to programs and services that affect older Coloradans;

(b) Coordinate and implement the strategic action plan on aging recommendations, developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, and additional recommendations the commission makes;

(c) Conduct and encourage private and nonprofit organizations and state, regional, and local government agencies to conduct research and analysis related to the state's aging population;

(d) Assist governmental and private agencies to coordinate their efforts on behalf of older Coloradans in order that such efforts be effective and that duplication and waste of effort be eliminated;

(e) Promote and aid in the establishment of federal, state, regional, and local policies, programs, and services that support and empower older Coloradans and their caregivers, who are either paid or unpaid. The commission shall assist governmental and private agencies by designing surveys that may be used at the local, regional, or state level to determine needs of older people; by recommending the creation or modification of policies, programs, and services to meet identified needs; by collection and distribution of information on aging; and by assisting public and private organizations in all ways the commission may deem appropriate.

(f) Conduct promotional activities and programs of public education relevant to aging;

(g) Review existing policies and programs across state agencies, and on or before September 1, 2023, and on or before September 1 each year thereafter, draft an annual report of issues and recommendations developed by the commission that support the implementation of strategies in alignment with the strategic action plan on aging developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, the lifelong Colorado initiative created pursuant to section 26-11-302, and other recommendations that the commission makes. The commission shall submit the annual report to the governor, executive directors of impacted agencies, and the general assembly.

(h) Identify and make recommendations to impacted state agencies on acute concerns impacting older Coloradans that arise due to public health emergencies, natural disasters, historical disparities such as racism, or other issues tied directly to current events that require immediate problem solving and advocacy;

(i) Contribute directly to additional and ongoing analysis and implementation of the strategic plan on aging developed pursuant to section 24-32-3406 and aligned with the lifelong Colorado initiative established in part 3 of this article 11; and

(j) Develop legislative and administrative proposals in coordination with state department liaisons and legislative designees and coordinate advocacy efforts with appropriate community stakeholders.
C.R.S. § 26-5-111 — CO Code / Title 26 / Article 5 / Section 26-5-111
26-5-111. Statewide child abuse reporting hotline system - child abuse hotline steering co
Status: in_force

26-5-111. Statewide child abuse reporting hotline system - child abuse hotline steering committee - screening questions for hotline system operators and county departments - rules on consistent processes in response to reports and inquiries for information - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that the purpose of enacting this section is to:

(I) Create, based on recommendations of a steering committee with broad representation, a statewide child abuse reporting hotline system to serve as a direct, immediate, and efficient route to the applicable entity responsible for accepting the report and to the applicable entity responsible for responding to an inquiry and that is available twenty-four hours a day, seven days a week; and

(II) Authorize rule-making by the state board to ensure that there are standards for the consistent screening, assessment, and decision-making in response to reports of known or suspected child abuse and neglect and to inquiries made to a county department or to the hotline system.

(b) The general assembly declares that the hotline system to be developed as outlined in this section enhances the current child welfare system. The hotline system is intended to provide an additional option for the public to make an initial report of suspected or known child abuse or neglect or making an inquiry. The county department will retain screening responsibilities, unless the board of county commissioners of the county department has approved the use of the hotline system on behalf of the county and such arrangement has been approved by the executive director.

(2) As used in this section, unless the context otherwise requires:

(a) "Child abuse reporting hotline system" or "the hotline system" means the uniform method of contact that directly, immediately, and efficiently routes the person to the applicable entity responsible for accepting a report pursuant to section 19-3-307, C.R.S., or to the applicable entity responsible for responding to an inquiry and that is advertised to the public as a place for reporting known or suspected child abuse or neglect or for making inquiries.

(a.5) "Coercion" means compelling a person by force, threat of force, or intimidation to engage in conduct from which the person has the right or privilege to abstain, or to abstain from conduct in which the person has the right or privilege to engage.

(a.6) "Domestic violence", commonly known as "intimate partner violence", means a pattern of violent behavior or an act, attempted act, or perceived threat of violence, stalking, harassment, or coercion that is committed by a person against another person with whom the actor is involved or has been involved in an intimate relationship. A sexual relationship may be an indicator of an intimate relationship but is never a necessary condition for finding an intimate relationship.

(b) "Information and referral" means an initial contact from the public which does not constitute a report of abuse or neglect but is an inquiry and the response to the inquiry, as defined in rule.

(c) "Inquiry" means a request for information or for specific services.

(d) "Mandatory reporter" means a person who is required to report child abuse or neglect pursuant to section 19-3-304, C.R.S.

(e) "Report" means an initial report of known or suspected child abuse or neglect.

(3) (a) The state department shall develop a child abuse hotline steering committee, including state, county, and comprehensive and appropriate stakeholder representation. The state department shall appoint a person to the steering committee who is a primary provider of emergency fire fighting services, law enforcement, ambulance, emergency medical, or other emergency services and who is familiar with the emergency telephone system that uses the single three-digit number 9-1-1 for reporting police, fire, medical, or other emergency situations. The steering committee is expected to develop an implementation plan for a statewide child abuse reporting hotline system, which is advertised to the public and to mandatory reporters, and to make recommendations for rules relating to the operation of the hotline system and relating to consistent practices for responding to reports and inquiries. The purpose of the hotline system is to provide a direct, immediate, and efficient route to the entity responsible for accepting a report pursuant to section 19-3-307, C.R.S. The public may also contact the hotline system for inquiries. The hotline system must operate twenty-four hours a day, seven days a week. The hotline may consist of multiple methods of communication, as prescribed by rules of the state board. The steering committee shall submit a report no later than July 1, 2014, containing its recommendations to the executive director, who shall provide the report to the state board. The hotline system shall be operational and publicized statewide no later than January 1, 2015.

(b) With the express written consent of the board of county commissioners of a county, a county department may request that the state department assist that county with the taking of calls or initial contacts from the public of reports of possible child abuse or neglect or of inquiries. The executive director of the state department must approve this arrangement in writing.

(c) Based upon the recommendations of the child abuse hotline steering committee, the state department shall establish a statewide child abuse reporting hotline system.

(3.5) (a) The state department shall develop and implement a consistent screening process for a county department to follow, whenever possible, while responding to a report or inquiry submitted to the statewide child abuse reporting hotline system. The screening process must include questions about domestic violence or intimate partner violence.

(b) The state department shall develop and implement a disclosure procedure that notifies callers to the statewide child abuse reporting hotline system that calls are recorded.

(3.7) (a) The state department shall review the screening process used by county departments and hotline system operators to:

(I) Determine race; ethnicity; disability status; LGBTQ identity, if applicable; and English proficiency in a screening report and recommend a process for improving the accuracy of determining this demographic information, which must include opportunities to update the information in TRAILS, as defined in section 26-5-118;

(II) Understand the types of questions asked during the screening process to determine demographic information and recommend questions that reflect best practices and cultural competency; and

(III) Understand the sequence of questions asked during the screening process to determine demographic information and recommend a sequence of questions that better reflects best practices.

(b) The state department shall implement the recommended best practices described in subsection (3.7)(a) of this section.

(4) The state board is authorized to adopt rules, based upon the recommendations of the child abuse hotline steering committee, and may revise rules, as necessary, including but not limited to the following:

(a) The type of technology that may be used by the hotline system for directly routing initial contacts from the hotline system to the applicable entity responsible for accepting reports pursuant to section 19-3-307, C.R.S., or to the applicable entity to respond to an inquiry, including but not limited to a single statewide toll-free telephone number, and including technologies for language translation and for communicating with people who are deaf or have hearing impairments, such as telecommunications devices for the deaf (TDD) or text telephone services (TTY), with flexibility to adapt the methods to changing and emerging technologies as appropriate;

(b) The operation of the hotline system, including the central record keeping and tracking of reports and inquiries statewide, and a requirement that the record keeping and tracking of reports and inquiries be accessible to all counties through the state's case management system;

(c) Rules governing the standards and steps for information and referral and how an inquiry is routed to the applicable entity responsible for responding to an inquiry;

(d) How an initial report to the hotline system is directly routed to the applicable entity responsible for accepting a report pursuant to section 19-3-307, C.R.S.;

(e) A formal process for a county department to opt to have the state department receive reports or inquiries on behalf of the county department after hours subject to a requirement that the board of county commissioners must officially approve the use of the hotline system on behalf of the county and such arrangement must be approved by the executive director;

(f) A process for a county department to opt to have another county department receive reports or inquiries on behalf of the county department after hours or on a short-term basis with notification of such arrangement to the executive director;

(g) Standardized training and certification standards for all staff prior to taking reports and inquiries;

(h) A consistent screening process with criteria and steps for the county department to follow in responding to a report or inquiry that is consistent with the process set forth in subsections (3.5)(a) and (3.7)(a) of this section;

(i) Rules establishing a consistent decision-making process with criteria and steps for the county department to follow when deciding how to act on a report or inquiry or when to take no action on a report or inquiry; and

(j) A disclosure procedure that notifies callers to the hotline system that calls are recorded that is consistent with the procedure set forth in subsection (3.5)(b) of this section.

(5) The state department shall submit periodic reports to the appropriate legislative committee pursuant to the requirements of part 2 of article 7 of title 2, C.R.S., pertaining to the implementation or operation of the hotline system, the progress of implementing the hotline system, the outcomes from the operation of the hotline system, and the outcomes from the adoption of rules and practices for consistent screening, assessment, and decision-making for reports of known or suspected child abuse and neglect and for inquiries.
C.R.S. § 26-13-129 — CO Code / Title 26 / Article 13 / Section 26-13-129
26-13-129. Exemption from federal law
Status: in_force

26-13-129. Exemption from federal law. Upon a determination, finding, or warning of noncompliance or upon such other notification from the federal department of health and human services that the state may not be, or is not, in compliance with a provision of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, relating to the establishment of paternity or the establishment, modification, or enforcement of support, the state department shall seek a federal waiver or exemption pursuant to 42 U.S.C. sec. 666 (d) from the specific requirement of the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" with which the state is alleged to be out of compliance.
C.R.S. § 26-7.8-105 — CO Code / Title 26 / Article 7.8 / Section 26-7.8-105
26-7.8-105. Funding of homeless prevention activities programs
Status: repealed

26-7.8-105. Funding of homeless prevention activities programs. (Repealed)
C.R.S. § 26-5-102 — CO Code / Title 26 / Article 5 / Section 26-5-102
26-5-102. Provision of child welfare services - system reform goals - out-of-home placemen
Status: in_force

26-5-102. Provision of child welfare services - system reform goals - out-of-home placements for children and youth with intellectual and developmental disabilities - reporting - rules - definition. (1) (a) The state board shall adopt rules to establish a program of child welfare services, administered by the state department or supervised by the state department and administered by the county departments, and, where applicable, in accordance with the conditions accompanying available federal funds for such purpose. The rules must establish a fee based upon the child support guidelines set forth in section 14-10-115 requiring those persons legally responsible for the child or youth to pay for all, or a portion, of the services provided pursuant to this article 5 when a county department that delivers child welfare services determines that a referral is appropriate in accordance with rules promulgated by the state board of human services. The state board is authorized to promulgate rules to implement the provisions of this article 5 relating to the allocation of funds to counties for the delivery of child welfare services.

(b) Upon appropriate request and within available appropriations, child welfare services shall be provided for any child residing or present in the state of Colorado who is in need of such services. Foster care fees shall be considered child support obligations, and all remedies for the enforcement and collection of child support shall apply. Foster care fees established pursuant to section 14-10-115, C.R.S., may be collected pursuant to the administrative procedures to establish child support enforcement set forth in article 13.5 of this title. Due process is guaranteed in all actions regarding any such administrative process concerning foster care fees, and a court hearing of the matter before the district court may be obtained in the manner prescribed in section 26-13.5-105. Nothing contained in article 13.5 of this title shall be construed to deprive a court of competent jurisdiction from determining the duty of support of any obligor against whom an administrative order is issued pursuant to this article.

(2) Reforms in child welfare and related delivery systems must be directed at the following objectives:

(a) More efficient and responsive service systems for children, youth, and families;

(b) Increased flexibility and collaboration across multiple agencies and funding streams to ensure the delivery of services based on the needs of the child or youth;

(c) Encouragement and authorization for a truly integrated service system that incorporates blended funding and administration;

(d) Focus on quality and outcome-driven services with accountability for an entire array of services that families need, rather than forcing families to be transferred from agency to agency;

(e) Development of data systems to support these goals and to allow administrators and policy makers to better manage and evaluate;

(f) Authority and incentives for creative solutions at the local level that are not bound by the constraints of current agency barriers and categorical funding streams, including authority for local policy makers to create new entities incorporating blended funding and administration;

(g) Successful training efforts directed at county staff, judges, court staff, providers, parents, and families and other appropriate entities that are involved in managed care service systems, which training efforts shall include, but not be limited to, the operation of the child welfare training academy created in section 26-5-109. Notwithstanding any limitation of the "M" notation of the appropriation in the annual appropriation act for child welfare services, the state department is authorized to expend any additional federal or private funding that may be available to support the training efforts identified in this subsection (2).

(h) Promotion of the development of a family-centered, community-based strategy for placement decisions that includes team decision making, family-group decision making, or other agency decision making processes that involve the family and community supports;

(i) Promotion of the local placement of children with families by recruiting and supporting foster care homes within the neighborhoods and communities in which identified children reside;

(j) Successful transition of individuals eighteen to twenty years of age with intellectual and developmental disabilities to adult services for individuals with intellectual and developmental disabilities pursuant to section 25.5-6-409.5, C.R.S.

(3) (a) On or before August 1, 2018, the state department shall develop a program to serve children and youth with intellectual and developmental disabilities who are placed by county departments of human or social services in a licensed out-of-home setting, as defined in section 26-6-903, and children or youth committed to or in the custody of the state department.

(b) The state department shall promulgate rules concerning the placement of children or youth in the program. The rules must include, but need not be limited to, quality assurance monitoring, admissions, discharge planning, appropriate length of stay, and an appeals process for children or youth who are determined to be ineligible for the program or who are being removed from the program before meeting discharge criteria, as defined by the child's or youth's treatment plan, and without the consent of a parent, legal guardian, or county department. The rules regarding the appeals process must include access to the interdisciplinary appeals review panel, referenced in section 26.5-5-314 (5). For an appeal pursuant to this subsection (3)(b), the panel shall include the members appointed pursuant to section 26.5-5-314 (5) and, at a minimum:

(I) A representative from a county department;

(II) A treatment director or coordinator for a residential treatment program;

(III) A staff member from a program-approved service agency that offers residential habilitation; and

(IV) A representative from the department of health care policy and financing with expertise in the children's habilitation residential program, as described in this section.

(b.5) All members of the interdisciplinary appeals review panel assembled pursuant to subsection (3)(b) of this section shall not be associated with the child or youth who is the subject of the appeal and the child's or youth's placement provider. If a parent, legal guardian, county department, program provider, or the state department is not satisfied with the interdisciplinary appeals review panel recommendation, that party to the appeal is entitled to a review by an independent hearing officer at a state hearing.

(c) On or before December 31, 2018, the state department shall contract with licensed providers for the delivery of services to children and youth with intellectual and developmental disabilities who are placed in the program. The state department shall utilize a request for proposal process to define the scope of the contract and to select the licensed providers. The providers must be approved by the department of health care policy and financing as service providers for children eligible for enrollment in the children's habilitation residential program waiver established pursuant to section 25.5-6-903.

(d) A county department that wishes to place a child or youth in the program shall submit an application to the state department for review. Within seven days of making an application to the state department for placement of a child or youth in the program, a county department shall refer the child or youth to be assessed for enrollment in the children's habilitation residential program, or assist the parent or legal guardian who retains legal custody to make the referral. The county department shall provide to the state department evidence that the county department or the child's parent or legal guardian has referred the child or youth for enrollment in the children's habilitation residential program or evidence of either enrollment in or denial of enrollment in the children's habilitation residential program, depending on whether the child or youth is eligible or ineligible for such enrollment. The state department shall approve admissions into the program and determine discharge criteria for each placement. Enrollment of a child or youth in the children's habilitation residential program does not constitute automatic placement with a service provider contracted with pursuant to subsection (3)(c) of this section. A county department that has applied for the admission of a child or youth into the program must be notified in writing of a placement approved by the state department.

(e) For the duration of the treatment, as defined in the approval letter from the state department, and for thirty days after the completion of treatment, the state department shall reimburse the provider directly for costs associated with the placement of a child or youth in the program.

(f) The state department shall notify the county department that is responsible for the placement of the child or youth of the date on which the reimbursement eligibility will expire. Upon expiration of the reimbursement eligibility, if the child or youth remains in placement at the facility, the county department is responsible for one hundred percent of the placement costs.

(g) A county department that has placed a child or youth in the program retains the right to remove the child or youth from the program any time prior to the discharge date specified by the state department.

(h) The state department shall reimburse the provider one hundred percent of the cost of unutilized beds in the program to ensure available space for emergency residential out-of-home placements.

(i) Entities other than county departments, including but not limited to hospitals, health-care providers, providers of case management services, and case management agencies, as defined in section 25.5-6-1702, may refer a family to voluntarily apply for placement with a service provider contracted with pursuant to subsection (3)(c) of this section and may assist with the application to the state department for admission of the family's child or youth with intellectual and developmental disabilities into the program pursuant to this subsection (3). The applications will be considered if space is available. The entity may refer the family to a provider of case management services or assist the family with the process of enrolling the child or youth in the children's habilitation residential program if the child or youth is eligible. However, children and youth with intellectual and developmental disabilities placed by county departments or the state department must have priority for admission to the program. The state department shall not accept applications for placement of a child or youth who is exclusively insured by private insurance. A child or youth who is dually insured by private insurance and medicaid and whose residential level of care has been denied by private insurance may be eligible for services in the program. A child or youth who is eligible for enrollment in the children's habilitation residential program must be enrolled.

(j) Any family that is voluntarily applying for placement with assistance from any entity defined in subsection (3)(i) of this section shall work directly with the provider to determine responsibility for payment.

(k) The state department may maintain up to three open beds specifically for children and youth in the custody of a county or committed to or in the custody of the state department who may need services on an emergency basis.

(l) On or before February 1, 2023, and, notwithstanding the provisions of section 24-1-136 (11)(a)(I), every February 1 thereafter, the state department shall report the following information from the previous calendar year to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees:

(I) The number of children or youth who met transition or discharge criteria and left the program;

(II) The total number of applications received for the program during the applicable year and the number of applicants who:

(A) Met program eligibility criteria;

(B) Did not meet program eligibility criteria;

(C) Were admitted to the program; and

(D) Were added to the wait list;

(III) The number of children or youth removed from the wait list and placed in the program;

(IV) The number of children or youth removed from the program before meeting transition criteria and the reason or reasons for removal;

(V) The number of appeals to the interdisciplinary appeals review panel during the previous year, including the number that were approved and the number that were denied;

(VI) The number of beds during each month that were:

(A) Open or unoccupied;

(B) Occupied; or

(C) Used for emergency placements; and

(VII) The average length of stay.

(4) As used in this section, "county department" means a county department of human or social services.
C.R.S. § 26-5.5-103 — CO Code / Title 26 / Article 5.5 / Section 26-5.5-103
26-5.5-103. Definitions
Status: repealed

26-5.5-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "At-risk family" means a family unit with a child who meets out-of-home placement criteria as established by the state board or who, without intervention, risks continued involvement with the child welfare system as established by the state board.

(1.5) Repealed.

(2) "Family preservation services" means services or assistance that focuses on family strengths and includes services that empower a family by providing alternative problem-solving techniques, child-rearing practices, responses to living situations that create stress upon the family, and resources that are available as support systems for the family. Family preservation services include, but are not limited to services and resources described in section 26-5.5-104.

(3) "Intensive services" means immediate, concentrated, and in-home crisis intervention by one or more family development specialists who assist a family in developing strengths to cope with family stress.
C.R.S. § 26-5-119 — CO Code / Title 26 / Article 5 / Section 26-5-119
26-5-119. Equity, diversity, and inclusion in child welfare system - data collection - ass
Status: in_force

26-5-119. Equity, diversity, and inclusion in child welfare system - data collection - assessment - resource and training expansion - reporting - definitions. (1) To promote equity, diversity, and inclusion in the child welfare system; expand access to culturally and linguistically appropriate service providers; and enhance equity training for child welfare staff and entities, the state department shall, as soon as practicable but no later than June 30, 2025, and each June 30 thereafter, work with county departments and other child welfare stakeholders, including stakeholders directly impacted by or involved in the child welfare system, to update the existing annual departmental equity, diversity, and inclusion report that is available on the state department's website. Notwithstanding section 24-1-136 (11)(a)(I), the state department shall submit the report to the senate health and human services committee and house health and human services committee, or their successor committees, beginning September 2025 and each subsequent year. Updates must:

(a) Use aggregated and de-identified data from the statewide comprehensive child welfare case management system, as well as other state and national child welfare clearinghouses, as appropriate. The updated report must include, at a minimum, an analysis of the disproportionalities and disparities impacting different demographic groups of children and youth and their families at key decision points in the child welfare system. The demographic data analyzed pursuant to this subsection (1)(a) must include, if available, but is not limited to:

(I) Race;

(II) Ethnicity;

(III) Language;

(IV) Gender expression;

(V) Disability status;

(VI) Sexual orientation;

(VII) National origin; and

(VIII) Income;

(b) Identify additional necessary demographic or other data about children, families, and people working in the child welfare system that is not currently collected in the statewide comprehensive child welfare case management system, the child welfare worker training system, or other components and data systems of the child welfare system, and, in collaboration with counties, determine internal or external processes and make recommendations for improving data collection and reporting statewide;

(c) Provide, in collaboration with counties, an updated report on the state's progress in addressing data collection and data entry challenges in the statewide comprehensive child welfare case management system to ensure accurate reporting of demographic data; and

(d) Provide, in collaboration with counties, an updated report on the state's progress in training child welfare staff on:

(I) Protocols for requesting demographic information from children and youth and their families;

(II) Improvements to the statewide comprehensive child welfare case management system for accurate reporting of client responses consistent with national best practices for data collection of demographic information; and

(III) Improvements to practices for families to self-report demographic information to counties;

(e) In partnership with the office of the child protection ombudsman, created in section 19-3.3-102, report on any efforts to implement the recommendations from the mandatory reporter task force final report, pursuant to section 19-3-304.2 (10), on training mandatory reporters how to decrease the disproportionate impacts and disparities that impact the child welfare system; and

(f) Report on the state's progress in training the child welfare workforce in reducing bias and in promoting equity, diversity, and inclusion, and on progress in the training's alignment with current research and best practices in promoting equity, diversity, and inclusion pursuant to subsection (2) of this section.

(2) (a) The state department shall strengthen equity, diversity, and inclusion training for child welfare staff to ensure all children and families are equitably served by the child welfare system. Equity, diversity, and inclusion training must be provided as a component of the required annual child welfare work training for child welfare workers, and equity, diversity, and inclusion training must be included with the training with the child welfare training academy for new child welfare staff established in section 26-5-109.

(b) County and state child welfare workers, supervisors, and directors shall participate in the training provided pursuant to this subsection (2) to promote equity, diversity, and inclusion. Qualified trainers with experience in promoting and teaching principles and strategies of equity, diversity, and inclusion in child welfare must provide the training. Training topics may include, but are not limited to:

(I) The historical inequities in Colorado's child welfare and education systems;

(II) Implicit and explicit bias;

(III) Reading data addressing disproportionalities;

(IV) Addressing disproportionalities in child welfare systems;

(V) Identifying and defeating bias;

(VI) Effective communication on racial and ethnic identity with families to collect data and provide culturally and linguistically appropriate services; and

(VII) How to positively engage families in decision-making to better support families of varying backgrounds.

(c) The training must be evaluated for its impact and outcomes, including, but not limited to, the training's impact in reducing bias among participants, improving positive family engagement, and increasing family engagement in decision-making.

(d) The state department shall consider providing equity, diversity, and inclusion training to other entities and agencies involved in child welfare matters to ensure proficiency in addressing disparities and disproportionality in the state's child welfare system.

(3) Any changes to the child welfare allocations funding model established in section 26-5-103.7 must consider resources to improve equitable outcomes.

(4) For the purposes of this section, unless the context otherwise requires:

(a) "Disparity" means a situation in which inequitable outcomes are experienced by one racial, ethnic, or other demographic group as compared to another racial, ethnic, or other demographic group at the same decision-making point in time.

(b) "Disproportionality" means a situation in which the proportion of one group in the child welfare population is either proportionately overrepresented or underrepresented when compared to the general population.

(c) "Equity" means a point when all people achieve equal outcomes, are treated fairly and justly, and when demographic factors do not determine or influence child welfare outcomes.

(d) "Key decision points" include, but are not limited to, a child's or youth's referral, assessment, founded report, entry into foster care, time during foster care, and exit from foster care.
C.R.S. § 26-11.5-111 — CO Code / Title 26 / Article 11.5 / Section 26-11.5-111
26-11.5-111. Duties of state department - report - rules
Status: repealed

26-11.5-111. Duties of state department - report - rules. (1) In order to implement the provisions of this article 11.5, the state department shall carry out the following duties:

(a) Establish a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities or PACE programs for the purpose of identifying and resolving significant problems, with specific provision for the submission of such data on a regular basis to the state agency responsible for licensing or certifying long-term care facilities and to the department of health care policy and financing for PACE organizations;

(b) Establish procedures to assure that information contained in any files maintained in accordance with the state long-term care ombudsman program and state PACE ombudsman program shall be disclosed only at the discretion of the state long-term care ombudsman or the state PACE ombudsman, as applicable, and that the identity of a complainant be disclosed only with the written consent of such complainant or in accordance with a court order;

(c) Ensure that individuals involved in the designation of the state long-term care ombudsman and the state PACE ombudsman, and any officer, employee, or volunteer of the statewide program performing ombudsman functions, do not have a conflict of interest;

(d) Ensure that adequate legal counsel is available to an ombudsman for advice and counseling concerning the performance of ombudsman duties and functions and for legal representation of an ombudsman against whom legal action is brought in connection with the performance of ombudsman duties and functions provided for under this article;

(e) Promulgate rules necessary for the efficient administration and operation of the state long-term care ombudsman program and state PACE ombudsman program; and

(f) Repealed.
C.R.S. § 26-1-120 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-120
26-1-120. Merit system
Status: repealed

26-1-120. Merit system. (1) On January 1, 2001, the merit system for the selection, retention, and promotion of employees of the county departments that has been operated by the state department pursuant to this section is abolished. Beginning on or after July 1, 1997, but no later than January 1, 2001, each county shall provide for a merit system for the selection, retention, and promotion of employees of the county departments that complies with the criteria specified in subsection (8) of this section and with any other federal standards for a merit system of personnel administration for employees, specified as a condition of receipt of federal funds as set forth in subpart F of 5 CFR 900.601, et seq. A county can combine with another county or form a district to provide such a merit system for its employees. The county department shall certify to the state department that the successor merit system of personnel administration used by the county is in conformance with the federal standards. Prior to transferring county employees to a successor merit system, each county shall submit a transition plan to the state department outlining its plan for transferring such employees and for addressing issues that may arise during the transfer, such as salary issues, retention, seniority rights, and appeal processes. The state department shall examine and approve the transition plan if the state department determines that the transition plan is reasonable and that the merit system meets the federal standards. The county may not implement the transition plan or transfer employees to the successor merit system until the state department has approved the transition plan. The state shall not unreasonably withhold approval. Any transition plan for transferring county employees from the state merit system to a successor merit system shall include protections for employees that allow them to retain any accrued annual or sick leave benefits and that compensate such employees at the same or higher rate of salary. The state department shall provide assistance to counties regarding the transition of county employees from the state merit system to a successor merit system. Nothing in this section shall preclude a county from reorganizing employee staff functions or abolishing positions to achieve greater efficiencies in operations.

(1.5) Any moneys saved as a result of eliminating the state merit system shall be available to counties to implement the transition from the state merit system to a successor merit system.

(2) to (7) Repealed.

(8) The merit system provided by the counties shall meet the following federal criteria:

(a) The recruitment, selection, and advancement of employees shall be on the basis of relative abilities, knowledge, and skills, including open consideration of qualified applicants for initial appointment.

(b) The system shall provide equitable and adequate compensation.

(c) The employees shall be trained as needed to assure high quality of performance.

(d) The system shall provide for retaining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected.

(e) The system shall assure fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, religious creed, age, or disability and with proper regard for the privacy and constitutional rights of such persons as citizens. This fair treatment principle shall include compliance with all federal equal opportunity and nondiscrimination laws.

(f) The system shall assure that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the results of an election or a nomination for office.

(8.5) The merit system provided by the counties must assure fair treatment of applicants and employees in all aspects of personnel administration without regard to race, creed, color, religion, age, disability, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry.

(9) With respect to the merit system provided by the counties, the state board of human services shall promulgate rules on the following:

(a) Minimum standards for qualifications of certain positions that are determined by the state board to necessitate uniform standards;

(b) Establishment of maximum state reimbursement levels for the salaries of county department employees and county directors.

(10) Repealed.

(11) The county director of a county department shall be exempt from the merit system established and maintained by the state department pursuant to this section as it existed prior to July 1, 1997. Each county shall determine whether to exempt its county director from the successor merit system designed pursuant to this section. Until the county provides for a successor merit system as provided in this section, the state department shall reimburse only eighty percent of the salary established in the compensation plan pursuant to rules of the state department or eighty percent of the actual salary, whichever is less. After the county provides for a successor merit system as provided in this section, the state department shall reimburse only eighty percent of the actual salary; except that such reimbursement shall not exceed the maximum state reimbursement level established by the state board pursuant to subsection (9) of this section.
C.R.S. § 26-13-108 — CO Code / Title 26 / Article 13 / Section 26-13-108
26-13-108. Recovery of public assistance paid for child support and maintenance - interest
Status: in_force

26-13-108. Recovery of public assistance paid for child support and maintenance - interest collected on support obligations - designation in annual general appropriations act. (1) Whenever the state department, a county department or its authorized agent, or a district attorney recovers any amounts of support for public assistance recipients, such amounts shall be deposited in the county social services fund, and, if such support is used to reimburse public assistance paid in accordance with federal law, the federal government is entitled to a share in accordance with applicable federal law, the county is entitled to a share in accordance with state law, and the state is entitled to the remaining share. The state may redirect all or a portion of the state's share to the county pursuant to section 26-13-112.5. The general assembly shall designate in a footnote in the annual general appropriations act the portion of the state's share that is redirected to the counties. Costs and expenses reasonably and necessarily incurred by the office of district or county attorney, as contractual agent for a county department, in carrying out the provisions of this article 13 must be billed to county departments of human or social services or a county department of human or social services within the judicial district for the actual cost of services provided. Each county shall make an annual accounting to the state department on all amounts recovered.

(2) (Deleted by amendment, L. 97, p. 1294, § 37, effective July 1, 1997.)

(3) (a) Effective July 1, 2000, through December 31, 2016, a county may pay families that are eligible for temporary assistance for needy families, pursuant to part 7 of article 2 of this title, an amount that is equal to the state and county share of child support collections as described in subsection (1) of this section. 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, pursuant to part 7 of article 2 of this title, the county shall report such payments to the state department for the month in which the payments are made and shall indicate the choice of this option in its performance contract for Colorado works.

(b) (I) Except as provided in section 26-2-108 (1)(b)(II)(B), effective January 1, 2017, a county shall pay families that are eligible for temporary assistance for needy families, pursuant to part 7 of article 2 of this title, an amount that is equal to the amount of current child support collections as described in subsection (1) of this section. Such payments shall not be considered income for purposes of calculating the basic cash assistance grant pursuant to part 7 of article 2 of this title. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility. The county shall report to the state department the amount of the child support payments for the month in which the payments are made.

(II) The state department shall annually report to the joint budget committee the amount of child support collected and paid by the counties to families that are eligible for temporary assistance for needy families, pursuant to part 7 of article 2 of this title.

(4) Any interest collected on support obligations pursuant to the "Colorado Child Support Enforcement Procedures Act", article 14 of title 14, C.R.S., which support obligations were due to recipients receiving assistance under the Colorado works program, as described in part 7 of article 2 of this title, shall be deposited in the county social services fund and shall be distributed in accordance with the provisions of this section.
C.R.S. § 26-20-102 — CO Code / Title 26 / Article 20 / Section 26-20-102
26-20-102. Definitions
Status: repealed

26-20-102. Definitions. As used in this article 20, unless the context otherwise requires:

(1) (a) "Agency" means:

(I) Any one of the principal departments of state government created in article 1 of title 24, C.R.S., or any division, section, unit, office, or agency within one of such principal departments of state government, except as excluded in paragraph (b) of this subsection (1);

(II) Any county, city and county, municipality, or other political subdivision of the state or any department, division, section, unit, office, or agency of such county, city and county, municipality, or other political subdivision of the state;

(III) Any public or private entity that has entered into a contract for services with an entity described in subsection (1)(a)(I), (1)(a)(II), or (1)(a)(VI) of this section;

(IV) Any public or private entity licensed or certified by one of the entities described in subparagraph (I) or (II) of this paragraph (a);

(V) A person regulated pursuant to article 245 of title 12;

(VI) Any school district, including any school or charter school of a school district, and the state charter school institute established in section 22-30.5-503, including any institute charter school.

(VII) A county jail, as described in section 17-26-101, for restraints on a pregnant person in labor, delivery, or postpartum recovery.

(b) "Agency" does not include:

(I) The department of corrections or any public or private entity that has entered into a contract for services with such department, except for restraints on a pregnant person in labor, delivery, or postpartum recovery;

(II) Any law enforcement agency of the state or of a political subdivision of the state;

(III) A juvenile probation department or division authorized pursuant to section 19-2.5-1406;

(IV) Any county department of human or social services when engaged in performance of duties pursuant to part 3 of article 3 of title 19.

(2) "Chemical restraint" means giving an individual medication involuntarily for the purpose of restraining that individual; except that "chemical restraint" does not include the involuntary administration of medication pursuant to section 27-65-111 (5), C.R.S., or administration of medication for voluntary or life-saving medical procedures.

(2.5) "Division of youth services" means the division of youth services within the state department created pursuant to section 19-2.5-1501.

(3) "Emergency" means a serious, probable, imminent threat of bodily harm to self or others where there is the present ability to effect such bodily harm.

(3.5) "Individual" encompasses both adults and youths, unless the context specifically states one or the other.

(4) "Mechanical restraint" means a physical device used to involuntarily restrict the movement of an individual or the movement or normal function of a portion of his or her body.

(5) "Physical restraint" means the use of bodily, physical force to involuntarily limit an individual's freedom of movement for more than one minute; except that "physical restraint" does not include the holding of a child by one adult for the purposes of calming or comforting the child.

(5.3) "Prone position" means a face-down position.

(5.5) "Prone restraint" means a restraint in which the individual who is being restrained is secured in a prone position.

(5.7) "Qualified mental health professional" means an individual who is a licensed psychologist, a licensed psychiatrist, a licensed clinical social worker, a psychologist candidate for licensure, a licensed marriage and family therapist, or a masters-level mental health therapist who is under the supervision of a licensed mental health professional.

(6) "Restraint" means any method or device used to involuntarily limit freedom of movement, including bodily physical force, mechanical devices, or chemicals. Restraint must not be used as a form of discipline or to gain compliance from a student. If property damage might be involved, restraint may only be used when the destruction of property could possibly result in bodily harm to the individual or another person. "Restraint" includes chemical restraint, mechanical restraint, and physical restraint. "Restraint" does not include:

(a) The use of any form of restraint in a licensed or certified hospital when such use:

(I) Is in the context of providing medical or dental services that are provided with the consent of the individual or the individual's guardian; and

(II) Is in compliance with industry standards adopted by a nationally recognized accrediting body or the conditions of participation adopted for federal medicare and medicaid programs;

(b) The use of protective devices or adaptive devices for providing physical support, prevention of injury, or voluntary or life-saving medical procedures;

(c) The holding of an individual for less than one minute by a staff person for protection of the individual or other persons; except that nothing in this subsection (6)(c) may be interpreted to permit the holding of a public school student in a prone position, except as described in section 26-20-111 (2), (3), or (4); or

(d) Placement of an inpatient or resident in his or her room for the night.

(e) Repealed.

(7) "Seclusion" means the placement of an individual alone in a room or area from which egress is involuntarily prevented, except during normal sleeping hours.

(8) "State department" means the state department of human services.

(9) "Youth" means an individual who is less than twenty-one years of age.
C.R.S. § 26-5-115 — CO Code / Title 26 / Article 5 / Section 26-5-115
26-5-115. Acquisition of drivers' licenses by individuals in foster care - immunity from l
Status: in_force

26-5-115. Acquisition of drivers' licenses by individuals in foster care - immunity from liability - rules. (1) On and after September 7, 2021, in addition to any other reimbursement for child welfare services described in this article 5, the state department shall reimburse a county department for costs paid by the county department to a public or private driving school for the provision of driving instruction to an individual in the custody of the county department who is fifteen years of age or older and under twenty-one years of age.

(2) The state department may seek and accept gifts, grants, and donations from private or public sources for the purposes of this section; except that the state department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state.

(3) (a) Nothing in this section places any liability on a county department for:

(I) Contracting with a public or private driving school to provide driving instruction to an individual who is in the custody of the county department; or

(II) An injury alleged to have occurred while an individual in the custody of the county department received driving instruction from a public or private driving school.

(b) Nothing in this section waives or limits a county department's governmental immunity, as described in article 10 of title 24.

(4) On or before December 1, 2021, the state board shall promulgate rules for the administration of this section.
C.R.S. § 26-2-122.4 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-122.4
26-2-122.4. Home care allowance grant program - rules - report - repeal
Status: repealed

26-2-122.4. Home care allowance grant program - rules - report - repeal. (Repealed)
C.R.S. § 26-13-106 — CO Code / Title 26 / Article 13 / Section 26-13-106
26-13-106. Eligibility for services - child support DRA fee cash fund
Status: in_force

26-13-106. Eligibility for services - child support DRA fee cash fund. (1) Support enforcement services shall be provided to those recipients of medicaid-only and Title IV-E foster care as required by federal law and to participants in the Colorado works program implemented pursuant to part 7 of article 2 of this title who, as a condition of eligibility pursuant to federal law, must assign their rights to support to, and cooperate with, the state department in the establishment, modification, and enforcement of support obligations owed by obligors to their children and the enforcement of maintenance owed by obligors to their spouses or former spouses.

(2) Child support establishment, modification, and enforcement services under state law and under the "Uniform Interstate Family Support Act", article 5 of title 14, C.R.S., shall be provided to any person who completes a written application and pays the required fee; except that the county may elect to pay the fee out of county child support enforcement funds. The state department shall establish, by rule, a fee to be charged for services provided under this section. Such fee shall be applied toward reimbursing expenditures incurred by the child support enforcement program. County departments and their contractual agents for legal services, including district and county attorneys, may pursue such fee, notwithstanding any other provision of law. Nonpayment of any fee charged by the state department for services provided under this section shall not be the basis for any criminal prosecution or order of contempt of the court.

(3) The county department may recover any costs incurred in excess of fees from the obligor in a case in which an individual is receiving child support enforcement services under subsection (2) of this section.

(4) After more than five hundred fifty dollars has been collected from an obligor during a year, the county department shall recover a fee of thirty-five dollars from the obligee if the obligee has never received public assistance. The county department shall withhold the fee from the first amount collected that exceeds the five-hundred-fifty-dollar threshold.

(5) There is created in the state treasury the child support DRA fee cash fund, referred to in this subsection (5) as the "fund". The fund consists of money credited to the fund from the state share, if any, of fees collected pursuant to this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the state department may expend money from the fund for program operations.
C.R.S. § 26-7-105 — CO Code / Title 26 / Article 7 / Section 26-7-105
26-7-105. Eligibility for adoption benefits
Status: in_force

26-7-105. Eligibility for adoption benefits. (1) Only an eligible child or youth who has special needs that create a barrier to his or her adoption is eligible for adoption benefits.

(2) The following conditions must be present at the time the eligible child or youth was placed for adoption; except that a child or youth who meets the medical and disability requirements for federal supplemental security income does not need to meet the additional conditions:

(a) The eligible child or youth was in the custody of a county department, a person to whom the custody of the child has been given by proper order of a dependency and neglect court, or a nonprofit child placement agency, and is legally available for adoption, including the resolution of all appeals; and

(b) It has been determined that the eligible child or youth cannot or should not be returned home to his or her biological parents; and

(c) Reasonable but unsuccessful efforts to place the eligible child or youth for adoption without benefits have been made, except under the following circumstances:

(I) It is determined that such efforts would be against the best interest of the eligible child or youth because of factors that include, but are not limited to, the existence of a significant bond with the prospective adoptive parents or a search for a nonsubsidized adoptive placement would delay a child's or youth's right to permanency in a timely manner; or

(II) The eligible child or youth is being placed by a birth parent with designated adoptive parents through a nonprofit child placement agency; and

(d) The county department or nonprofit child placement agency has determined that the adoptive family has the capability of providing for the nonfinancial needs of the eligible child or youth.