C.R.S. § 26-2-706.6 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-706.6
26-2-706.6. Payments and services under Colorado works - rules
Status: repealed

26-2-706.6. Payments and services under Colorado works - rules. (1) Subject to the provisions of federal law, rules promulgated by the state board pursuant to this section, and available appropriations, the payment types and services specified in this section are available to participants in the Colorado works program.

(2) Ongoing assistance payment. An assistance unit that applies and is eligible for ongoing assistance shall, unless voluntarily and knowingly refused, receive cash assistance, which is a recurrent cash payment. In addition to a cash payment, an eligible assistance unit may also receive cash assistance in the form of a cash-equivalent payment, voucher, or other form of cash benefit that is designed to meet the basic ongoing needs of the persons in the assistance unit. Basic ongoing needs shall consist of food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. In addition to cash assistance, persons in an assistance unit that is eligible for ongoing assistance may receive supportive services as described in this section.

(3) Short-term assistance payment. A participant may choose to receive a short-term assistance payment, formerly referred to as a diversion payment, which is a nonrecurrent, needs-based, cash or cash-equivalent payment designed to meet the short-term needs of the participant. A short-term assistance payment is designed to address a specific crisis situation or episode of need and is not designed to meet the basic ongoing needs of the participant. A short-term assistance payment may not extend beyond four months. In addition to a short-term assistance payment, a participant who is eligible for short-term assistance may receive supportive services as described in subsection (4) of this section. Short-term assistance payments include the following types:

(a) A standard short-term assistance payment, formerly referred to as a state diversion payment, is a nonrecurrent, needs-based, cash or cash-equivalent payment made to a participant who is eligible for short-term assistance.

(b) An expanded short-term assistance payment, formerly referred to as a county diversion payment, is a nonrecurrent, needs-based, cash or cash-equivalent payment made to a participant who is eligible for assistance pursuant to the maximum eligibility criteria for nonrecurrent, short-term benefits established in the state plan pursuant to section 26-2-712 (1), in the county-defined expanded eligibility based on federal poverty and other standardized guidelines, and in county policies.

(4) Supportive services. (a) An eligible participant may receive supportive services, including but not limited to:

(I) Work subsidies such as payments to employers or third parties to help cover the costs of employee wages, benefits, supervision, and training;

(II) Supportive services such as child care and transportation provided to families who are employed;

(III) Refundable earned income tax credits;

(IV) Contributions to, and distributions from, individual development accounts;

(V) Services such as counseling, case management, peer support, child care information and referral, transitional services, job retention, job advancement, and other employment-related services that do not provide basic income support; and

(VI) Transportation benefits provided under a job access or reverse commute project to an individual who is not otherwise receiving assistance.

(b) A county may provide supportive services directly to an eligible participant or through a contract or memorandum of understanding between the county department and another agency, including but not limited to another county department or a community provider.

(c) The state board shall promulgate rules pursuant to which a county shall provide referrals for available supportive services to persons who apply for assistance and to participants who are homeless or in need of mental health services or substance abuse counseling or services. The rules shall not obligate the county to pay for any supportive services to which a person who applies for ongoing assistance or short-term assistance or a participant is referred.

(5) Individual development accounts. A county department may make available opportunities for participants to have individual development accounts for home purchase, business capitalization, or higher education in accordance with federal law.

(6) Child care assistance. Subject to available appropriations and pursuant to rules promulgated by the executive director of the department of early childhood, a county may provide child care assistance to a participant pursuant to the provisions of part 1 of article 4 of title 26.5 and rules promulgated by the executive director of the department of early childhood for implementation of said part 1.

(7) Substance abuse control program. A county may elect to implement a Colorado works controlled substance abuse control program. Under such a program, if the use of a controlled substance prevents the participant from successfully participating in his or her work activity, the county department may require the participant to participate in a controlled substance abuse control program based in whole or in part upon a representation by the participant that he or she is using controlled substances or upon a finding by the county department pursuant to an assessment by a certified substance use disorder treatment provider that the participant is or is likely to be using controlled substances. If a county chooses to require the participant to participate in a controlled substance abuse control program, the county department shall:

(a) Require the participant to be assessed by a certified substance use disorder treatment provider and to follow a rehabilitation plan as a condition of continued receipt of assistance under the works program. The rehabilitation plan must be based upon the assessment and developed by a certified substance use disorder treatment provider, and may include, but need not be limited to, participation in a substance use disorder treatment program. This subsection (7)(a) does not create an entitlement to rehabilitation services or to payment for rehabilitation services.

(b) If required by the rehabilitation plan, conduct random testing of the participant to determine whether he or she is remaining free of controlled substances; and

(c) Impose on the participant any applicable adverse action for nonparticipation in a work activity if the participant fails to follow the rehabilitation plan, which nonparticipation may be evidenced by having a positive result on a random test or refusing to participate in a random test pursuant to this subsection (7). A county may not take adverse action against a participant for failing to meet the requirements of the rehabilitation plan if the services required under the plan are not available, if transportation or child care is not available, or if the costs of the services are prohibitive.

(8) Job skills education voucher. A county department may provide a voucher created pursuant to the provisions of section 26-2-712 (11) to a participant for use at one of the community or technical colleges administered pursuant to the provisions of article 60 of title 23, C.R.S., for the purpose of securing short-term educational and academic skills training and job placement services.

(9) Repealed.
C.R.S. § 26-5-114 — CO Code / Title 26 / Article 5 / Section 26-5-114
26-5-114. Former foster care youth steering committee - implementation plan - recommendati
Status: in_force

26-5-114. Former foster care youth steering committee - implementation plan - recommendations - report. (1) The state department shall establish a former foster care youth steering committee that includes comprehensive and appropriate stakeholder representation from the state and county level. The state department shall convene the committee on or before October 30, 2018. The steering committee shall:

(a) Develop an implementation plan that allows former foster care youth to receive services for a successful adulthood or assistance in returning to placement, as well as alternatives to returning to placement after reaching eighteen years of age but before reaching twenty-one years of age, or a later age if so recommended by the steering committee, and after the county department's jurisdiction ends;

(b) Make recommendations relating to the operation, evaluation, and sustainability of the implementation plan. In making its recommendations, the steering committee shall use a consensus-based approach.

(c) Coordinate with other committees formed by the general assembly that have similar or overlapping jurisdictional tasks or purposes.

(2) On or before January 1, 2020, the steering committee shall submit a report with its recommendations for an implementation plan to the executive director of the department of human services; the governor; and the joint budget committee, the health and human services committee of the senate, the public health and environment committee of the house of representatives, or any successor committees.

(3) The implementation plan recommended by the steering committee pursuant to this section is not required to become operational unless adequate state and federal funding is available.
C.R.S. § 26-6-912 — CO Code / Title 26 / Article 6 / Part 9 / Section 26-6-912
26-6-912. Investigations and inspections - local authority - reports - rules
Status: in_force

26-6-912. Investigations and inspections - local authority - reports - rules. (1) (a) (I) (A) The state department shall investigate and pass on each application for issuance of a license, each application for a permanent or time-limited license following the issuance of a probationary or provisional license, and each application for renewal of a license to operate a facility or an agency prior to granting the license or renewal. As part of the investigation, the state department shall require each individual, including but not limited to the applicant, an owner, an employee, a newly hired employee, a licensee, and an adult who is eighteen years of age or older and resides in the licensed facility, to obtain a fingerprint-based criminal history record check by reviewing any record that is used to assist the state department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section 26-6-905 (8) or any other felony. The state board shall promulgate rules that define and identify what the criminal history record check entails.

(B) Rules promulgated by the state board pursuant to this subsection (1)(a)(I) must require the fingerprint-based criminal history record check in all circumstances, other than those identified in subsection (1)(a)(I)(C) of this section, to include a fingerprint-based criminal history record check using the records of the Colorado bureau of investigation and the federal bureau of investigation and to apply to any new owner, new applicant, newly hired employee, new licensee, or individual who begins residing in the licensed facility. As part of the investigation, the records and reports of child abuse or neglect maintained by the state department must be accessed to determine whether the owner, applicant, employee, newly hired employee, licensee, or individual who resides in the licensed facility being investigated has been found to be responsible in a confirmed report of child abuse or neglect. Information is made available pursuant to section 19-1-307 (2)(j) and rules promulgated by the state board pursuant to section 19-3-313.5 (4). Except as provided in subsection (1)(a)(I)(C) of this section, any change in ownership of a licensed facility or agency or addition of a new resident adult or newly hired employee to the licensed facility requires a new investigation as provided in this section.

(C) When two or more individually licensed facilities are wholly owned, operated, and controlled by a common ownership group or school district, a fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect maintained by the department, completed for one of the licensed facilities of the common ownership group or school district pursuant to this section for an individual for whom the check is required pursuant to this part 9, may satisfy the record check requirement for any other licensed facility under the same common ownership group or school district. A new fingerprint-based criminal history record check or new check of the records and reports of child abuse or neglect maintained by the department is not required of such an individual if the common ownership group or school district maintains a central records management system for employees of all its licensed facilities; takes action as required pursuant to section 26-6-905 when informed of the results of a fingerprint-based criminal history record check or check of the records and reports of child abuse or neglect maintained by the department that requires action pursuant to this part 9; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control.

(D) The state board shall promulgate rules to implement this subsection (1)(a)(I).

(II) Rules promulgated by the state board pursuant to subsection (1)(a)(I) of this section must also include:

(A) A comparison search on the ICON system at the state judicial department with the name and date of birth information and any other available source of criminal history information that the state department determines is appropriate for each circumstance in which the Colorado bureau of investigation fingerprint check either does not confirm a criminal history or confirms a criminal history, in order to determine the crime or crimes for which the person was arrested or convicted and the disposition thereof;

(B) Any other recognized database that is accessible on a statewide basis as set forth by rules promulgated by the state board; and

(C) When the results of an investigation performed pursuant to subsection (1)(a)(I) of this section or this subsection (1)(a)(II) reveal a record of arrest without a disposition, a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(III) If the operator of a facility or agency refuses to hire an applicant as a result of information disclosed in the investigation of the applicant pursuant to subsection (1)(a)(I) of this section, the facility or agency is not subject to civil liability for the refusal to hire. If a former employer of the applicant releases information requested by the facility or agency pertaining to the applicant's former performance, the former employer is not subject to civil liability for the information given.

(b) An applicant for certification as a foster care home or kinship foster care home shall provide the child placement agency or the county department from which the certification is sought with a list of all the prior child placement agencies and county departments to which the applicant has previously applied, and a release of information from the child placement agencies and county departments to which the applicant has previously applied, to obtain information about the application and any certification given by the child placement agencies and county departments. A child placement agency or county department from which the certification is sought shall conduct a reference check of the applicant and any adult resident of the foster care home or kinship foster care home by contacting all of the child placement agencies and county departments identified by the applicant before issuing the certification for that foster care home or kinship foster care home. Child placement agencies and county departments are held harmless for information released, in good faith, to other child placement agencies or county departments.

(c) (I) For all applicants applying to be a foster care home or kinship foster care home, regardless of reimbursement, the county department or child placement agency shall require each adult who is eighteen years of age or older and who resides in the home to obtain a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation. The applicant must provide the county department or child placement agency with the addresses where the applicant and any adult residing in the home have lived in the preceding five years, including addresses from other states. The county department or the child placement agency shall conduct the following background checks of the applicant or an adult residing in the home:

(A) A fingerprint-based criminal history record check to determine if the applicant or adult residing in the home has been convicted of any of the crimes listed in section 26-6-910 (5)(a);

(B) A check of the ICON system at the state judicial department to determine the status or disposition of any pending criminal charges brought against the applicant or adult who resides in the home that were identified by the fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation;

(C) A check of the state department's automated database for information to determine if the applicant or adult who resides in the home has been identified as having a finding of child abuse or neglect and whether the finding has been determined to present an unsafe placement for a child;

(D) A check against the state's sex offender registry and against the national sex offender public registry operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if the applicant or adult who resides in the home is a registered sex offender; and

(E) When the results of a fingerprint-based criminal history record check performed pursuant to this subsection (1)(c)(I) reveal a record of arrest without a disposition, a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).

(II) In addition to the fingerprint-based criminal history record check, the county department or child placement agency shall contact the appropriate entity in each state in which the applicant or any adult residing in the home has resided within the preceding five years to determine whether the individual has been found to be responsible in a confirmed report of child abuse or neglect.

(III) The screening request in Colorado for criminal history record checks through the Colorado bureau of investigation and the federal bureau of investigation must be made pursuant to section 19-1-307 (2)(k.5), rules promulgated by the state board pursuant to section 19-3-313.5, and 42 U.S.C. sec. 671 (a)(20).

(IV) The department must conduct an investigation pursuant to this subsection (1)(c) for any new resident adult whenever the adult is added to the foster care home or kinship care home. The department shall not use information obtained from state records of abuse or neglect for any purpose other than conducting the investigation for placement or certification.

(d) (I) When the state department, county department, or child placement agency is able to certify that the applicant or licensee is competent and will operate adequate facilities to care for children pursuant to the requirements of this part 9 and that standards are being met and will be complied with, it shall issue the license for which the applicant or licensee applied. The state department shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license is granted and shall thereafter inspect or cause to be inspected the facilities of all licensees that, during the period of licensure, have been found to be the subject of complaints or to be out of compliance with the standards set forth in section 26-6-909 and the rules of the state department, or that otherwise appear to be placing children at risk. The state department may make such other inspections as it deems necessary to ensure that the requirements of this part 9 are being met and that the health, safety, and welfare of the children being placed are protected. If, as a result of an inspection of a certified foster care home or kinship foster care home, the state department determines that a child residing in the foster care home or kinship foster care home is subject to an immediate and direct threat to the child's safety and welfare, as defined by rules promulgated by the state board, or that a substantial violation of a fundamental standard of care warrants immediate action, the state department may require a county department to immediately remove the child from the foster care home or kinship foster care home.

(II) The state board shall adopt rules concerning the on-site public availability of the most recent inspection report results of facilities, when requested. The state board shall also adopt rules concerning a requirement that all facilities licensed pursuant to this part 9 post their licenses and information regarding the procedures for filing a complaint pursuant to this part 9 directly with the state department, which rules must require that each facility display its license and complaint procedures in a prominent and conspicuous location at all times during operational hours of the facility; except that the rules must not require foster care homes to post their licenses and the rules must not require foster care homes and child placement agencies to post information regarding the procedures for filing a complaint pursuant to this part 9 directly with the state department. The state board shall adopt rules requiring foster care homes to make their licenses available to their patrons for inspection, upon request, and requiring foster care homes and child placement agencies to make the information concerning the filing of complaints available to their patrons for inspection, upon request.

(e) Notwithstanding any provision of this part 9 to the contrary, the state department may enter into an interagency agreement or a memorandum of understanding, or both, as necessary to complete the criminal history record checks and other background checks required in this section.

(2) (a) (I) Except as otherwise provided in subsection (2)(a)(II) of this section, the state department may authorize or contract with a county department, the county department of health, or another publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children to investigate and inspect the facilities applying for an original or renewal license or applying for a permanent license following the issuance of a probationary or provisional license pursuant to this part 9 and may accept reports on the investigations and inspections from the agencies or organizations as a basis for licensing. When contracting for investigations and inspections, the state department shall ensure that the contractor is qualified by training and experience and has no conflict of interest with respect to the facilities to be inspected.

(II) The state department shall not authorize or contract with a county department, the county department of health, or another publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children for investigations and inspections described in subsection (2)(a)(I) of this section of any facilities that provide twenty-four-hour care and are licensed pursuant to this part 9.

(b) A city, county, or city and county may impose and enforce higher standards and requirements for facilities licensed pursuant to this part 9 than the standards and requirements specified pursuant to this part 9.

(3) Every facility and agency licensed pursuant to this part 9 shall keep and maintain such records as the department may prescribe pertaining to the admission, progress, health, and discharge of children under the care of the facility or agency and shall report relative thereto to the department whenever called for, upon forms prescribed by the department. Both the facility or agency and the department shall keep confidential all records regarding children and all facts learned about children and their relatives.

(4) Within available appropriations, the state department shall monitor, on at least a quarterly basis, the county department certification of foster care homes and kinship foster care homes.

(5) As described in section 19-3.3-103, the state department and the office of the child protection ombudsman shall coordinate site visits to investigate and review residential child care facilities that house unaccompanied immigrant children who are in the custody of the office of refugee resettlement in the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The state department and the office of the child protection ombudsman may share final reports based on their site visits.

(6) When the state department receives a serious complaint about a facility or agency licensed pursuant to this part 9 alleging the immediate risk to the health or safety of the children cared for in the facility, the state department shall respond to the complaint and conduct an on-site investigation concerning the complaint within forty-eight hours after its receipt.
C.R.S. § 26-1-307 — CO Code / Title 26 / Article 1 / Part 3 / Section 26-1-307
26-1-307. Administrative costs
Status: in_force

26-1-307. Administrative costs. The administrative expenses of the board and the state department are paid from money in the trust fund.
C.R.S. § 26-2-708 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-708
26-2-708. Assistance - assessment - individual responsibility contract - waivers for domes
Status: in_force

26-2-708. Assistance - assessment - individual responsibility contract - waivers for domestic violence - rules. (1) Subject to the provisions of the federal law, the provisions of this section, and available appropriations, a county department shall perform an assessment for a new participant who is eighteen years of age or older, or who is sixteen years of age or older but has not yet attained the age of eighteen years of age and has not completed high school or successfully completed a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., and is not attending high school or participating in a high school equivalency examination program. The initial assessment must be completed no more than thirty days after the submission of the application for assistance under the works program. Updated assessments may be conducted at the discretion of the county department.

(2) A county department shall develop an individual responsibility contract for a new participant who has been assessed pursuant to subsection (1) of this section, within thirty days after completing the initial assessment of the participant as required in subsection (1) of this section, subject to the provisions of the federal law and this section. The IRC shall be limited in scope to matters relating to securing and maintaining training, education, or work. The county department shall seek the input and involvement of the participant when developing the IRC.

(3) The IRC shall contain provisions in bold print at the beginning of the document that notify the participant of the following:

(a) That no individual is legally entitled to any form of assistance under the Colorado works program;

(b) That the IRC is a contract that contains terms and conditions governing the participant's receipt of assistance under the Colorado works program and that nothing in such contract may be deemed to create a legal entitlement to assistance under the Colorado works program;

(c) That the participant's failure to comply with the terms and conditions of the IRC may result in sanctions, including but not limited to the termination of any cash assistance;

(d) For a county that has elected to implement a Colorado works controlled substance abuse control program described in section 26-2-706.6 (7), that the IRC may require the participant to participate in the Colorado works controlled substance abuse control program, based upon the participant's use of a controlled substance, by requiring the participant to take action toward rehabilitation consistent with the recommendations of the assessment pursuant to section 26-2-706.6 (7). The program may be included as a county-defined work activity. The rehabilitation plan may include random drug testing, drug treatment, or other rehabilitation activities. The participant may be subject to any sanctions for nonparticipation in a work activity if the participant fails to meet the requirements of the rehabilitation plan; except that a participant may not be sanctioned for failing to meet the requirements of the rehabilitation plan if services required under the plan are not available, if transportation or child care is not available, or if the costs of the services are prohibitive.

(e) That the applicant or participant shall indicate by signature on the IRC either agreement with the terms and conditions of the IRC or that the applicant or participant requests a county level review of the proposed IRC in accordance with section 26-2-710 (4) on the grounds that the proposed IRC is unreasonable within the context of the county's written policies.

(4) (Deleted by amendment, L. 99, p. 272, § 1, effective April 13, 1999.)

(5) The state board shall establish through rules, after consultation with domestic violence service providers, statewide standards and procedures that:

(a) Require counties to provide notice to all past or present victims of domestic violence as described in the federal law or those at risk of further domestic violence of the referrals required pursuant to paragraph (b) of this subsection (5), the possible waivers pursuant to paragraph (c) of this subsection (5), and the applicable procedures described in paragraph (e) of this subsection (5);

(b) Require counties to provide for referrals to any available counseling and supportive services to past or present victims of domestic violence as described in the federal law or those at risk of further violence, but the rules shall not obligate a county to pay for any counseling or supportive services to which a participant is referred;

(c) Allow counties upon a showing of good cause, as determined by rules of the state board, to provide waivers from any program requirements, except as provided in paragraph (d) of this subsection (5), that will make it more difficult for an applicant or a participant to escape domestic violence or that would unfairly penalize such individuals who are or have been victimized by such violence or who are at risk of further violence;

(d) Require counties to submit requests for waivers of work requirements to the state department to determine whether good cause exists to grant such waivers;

(e) Require counties to assure the voluntariness and confidentiality of the procedures for identifying eligibility for referrals to supportive services and waivers, the procedures for applying for waivers, and the procedures by which an applicant or a participant who is denied a waiver may appeal such decision.

(5.3) (a) No later than July 1, 2023, the state board shall promulgate rules:

(I) Establishing statewide standards and procedures that require counties to inform and not penalize any applicant or household that demonstrates good cause for an exemption from work requirements, which includes, but is not limited to, an applicant or participant who is:

(A) The head of a single-parent household unit and has a child under one year of age; or

(B) Experiencing hardship, as defined in rules promulgated by the state board; and

(II) Ensuring equal access to TANF services for those exempted who wish to participate on a voluntary basis.

(b) When promulgating rules pursuant to this subsection (5.3), the state board shall consider compliance with the federal law in relation to the calculation of the state's work participation rates specified in the federal law.

(5.5) and (6) (Deleted by amendment, L. 2008, p. 1957, § 9, effective January 1, 2009.)
C.R.S. § 26-1-120.3 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-120.3
26-1-120.3. Merit system transition - progress report - repeal
Status: repealed

26-1-120.3. Merit system transition - progress report - repeal. (Repealed)
C.R.S. § 26-13-107 — CO Code / Title 26 / Article 13 / Section 26-13-107
26-13-107. State parent locator service - definitions
Status: in_force

26-13-107. State parent locator service - definitions. (1) There shall be established in the state department a state parent locator service to assist delegate child support enforcement units or their authorized agents, other states, and agencies of the federal government in the location of parents who have or appear to have abandoned children who qualify under section 26-13-106.

(2) To effectuate the purposes of subsection (1) of this section, the executive director may request and shall receive from departments, boards, bureaus, or other agencies of the state, including but not limited to law enforcement agencies, or any of its political subdivisions, and the same are authorized to provide, such assistance and data as will enable the state department and delegate child support enforcement units or their authorized agents properly to carry out their powers and duties to locate such parents for the purpose of establishing parentage or establishing, modifying, or enforcing child support obligations. In addition, any federal agency or such agency's authorized agents properly carrying out their powers and duties to locate a parent for the purpose of establishing parentage or establishing, modifying, or enforcing child support obligations may request and shall have access to any motor vehicle or law enforcement system used by the state to locate an individual. Any records established pursuant to the provisions of this section shall be available only to the following:

(a) Any state or local agency or official seeking to collect child support under the state plan or the agency's or official's authorized agents;

(b) The attorney general, district attorneys, and county attorneys;

(c) Courts having jurisdiction in support or abandonment proceedings or actions to establish child support against a parent or to issue an order against a parent for the allocation of parental responsibilities or parenting time rights or any agent of such court;

(d) The obligee parent, legal guardian, attorney, or agent of a child who is not receiving aid under Title IV-A of the federal "Social Security Act", as amended, when a court order is provided; and

(e) United States agents or attorneys for use with the federal parent locator service in connection with a parental kidnapping or child custody case, as authorized by federal law.

(3) (a) (I) All departments and agencies of the state and local governments, including but not limited to law enforcement agencies, shall cooperate in the location of parents who have abandoned or deserted children who qualify under section 26-13-106; and, on request of a delegate child support enforcement unit or its authorized agent, the state department, or the district attorney of any judicial district in this state, they shall supply any information on hand, notwithstanding any other provisions of law making such information confidential, concerning:

(A) The location of any individual, including the individual's social security number, most recent address, and the name, address, and employer identification number of the individual's employer, or facilitating the discovery of such individual's location, who is under an obligation to pay child support, against whom such an obligation is sought, or to whom such an obligation is owed;

(B) The individual's wages or other income from employment and any benefits of employment, including any right to or enrollment in group health-care coverage; and

(C) The type, status, location, and amount of any assets of, or debts owed by or to, any such individual.

(II) The department of revenue shall furnish, at no cost to inquiring departments and agencies, such information as may be necessary to effectuate the purposes of this article. Any information so provided may be transmitted to those persons or entities specified in paragraph (a.5) of this subsection (3). The procedures whereby this information will be requested and provided shall be established pursuant to rules and regulations of the state department. The state department and delegate child support enforcement units shall use such information only for the purposes of administering child support enforcement under this title, and the district attorney shall use it only for the purpose of establishing parentage or establishing, modifying, or enforcing child support obligations. The state department and delegate child support enforcement units shall not use the information, or disclose it, for any other purpose. Any violation or misuse of this information will be subject to any civil or criminal penalties provided by law.

(a.5) The state parent locator service shall only accept applications from and transmit Colorado and federal parent locator information to:

(I) Any state or local agency or official seeking to collect child support under the state plan or the agency's or official's authorized agents;

(II) The attorney general, district attorneys, and county attorneys;

(III) Courts having jurisdiction in support and abandonment proceedings or actions to establish child support against a parent or to issue an order against a parent for the allocation of parental responsibilities or parenting time rights or any agent of such court;

(IV) The obligee parent, legal guardian, attorney, or agent of a child who is not receiving aid under Title IV-A of the federal "Social Security Act", as amended, when a court order is provided;

(V) United States agents or attorneys for use with the federal parent locator service in connection with a parental kidnapping or child custody case, as authorized by federal law; and

(VI) The court when a court order is provided from a parent seeking to enforce a child custody, parental responsibilities, or parenting time order.

(b) Nothing in this subsection (3) shall be construed to compel the disclosure of information relating to a deserting parent who is a recipient of aid under a public assistance program for which federal aid is paid to this state, if such information is required to be kept confidential by the federal law or regulations relating to such program, or to compel the disclosure of any information disclosed in any document, report, or return made confidential by section 39-21-113, C.R.S.

(c) The state parent locator service or the equivalent of a state child support enforcement agency or delegate child support enforcement unit of any other state may initiate a request requiring any employer, trustee, payer of funds, or other employer located within this state or doing business in this state to provide any information on the employment, compensation, and benefits of any individual for whom information is known. Compliance with such a request shall not subject the employer, trustee, or payer of funds to liability to the obligor for disclosing such information without a subpoena pursuant to this paragraph (c). The state department shall not use the provisions of this paragraph (c) for the information-gathering purposes of the financial institution data match system required by section 26-13-128.

(d) The state parent locator service or a delegate child support enforcement unit may obtain information from credit bureaus on the whereabouts, income, and assets of individuals pursuant to the provisions of the federal "Fair Credit Reporting Act" in order to provide the services set forth in section 26-13-105.

(e) The state parent locator service or a delegate child support enforcement unit may initiate a request requiring any person located within this state or doing business in this state who is in possession or control of personal property or information concerning the location, benefits, income, and assets of parents with a child support obligation to provide such information to the requesting agency. Compliance with such request shall not subject the holder to liability to the obligor for disclosing such information without a subpoena pursuant to this paragraph (e).

(e.5) The state parent locator service may initiate an administrative subpoena requiring any public employee retirement benefit plan or financial institution located within this state or doing business in this state that is in possession or control of personal property or information concerning the location, benefits, income, and assets of a person who owes or is owed an obligation for child support debt, retroactive child support, or child support arrearages or against whom an obligation is sought to provide such information to the requesting agency. Compliance with such subpoena shall not subject the public employee retirement benefit plan or the financial institution to liability to the parent for disclosing such information.

(f) (I) (A) The state parent locator service or the equivalent of a state child support enforcement agency or delegate child support enforcement unit of any other state is authorized to issue an administrative subpoena to gather financial or other information to establish, modify, or enforce a support order. An administrative subpoena is authorized to be issued to a public utility for records pertaining to individuals who owe or are owed child support or against or with respect to whom a support obligation is sought. Such subpoena shall require the public utility to furnish documentation providing the names and addresses of these individuals and the names and addresses of the employers of such individuals as appearing in the customer records of the public utility. A public utility responding to an administrative subpoena request shall be entitled to collect a reasonable fee for the processing of each such subpoena.

(B) In seeking information from a public utility, as defined in subparagraph (III) of this paragraph (f), the state parent locator service shall be subject to the confidentiality requirements and restrictions set forth in section 631 of the federal "Cable Communications Policy Act of 1984", 47 U.S.C. sec. 551.

(II) The provisions of this section shall in no way alter the method of regulation or deregulation of telecommunications service as set forth in article 15 of title 40, C.R.S.

(III) For purposes of this section, "public utility" means any gas corporation, electrical corporation, telegraph corporation, water corporation, rural electric association, municipal electric systems, person, or municipality that operates for the purpose of supplying gas, electricity, telegraph services, or water to the public for domestic, mechanical, or public uses and that is subject to regulation by the public utilities commission under articles 1 to 7 of title 40, C.R.S., and any telephone corporation, municipal telephone entity, or other corporation that offers telecommunications services to the public that is subject to the provisions of article 15 of title 40, C.R.S., and any corporation that provides cable television services to the public.

(g) The child support enforcement agency shall make every reasonable effort to accommodate those entities to which the child support enforcement agency directs an administrative subpoena, if the requirements of this section would pose a hardship on those entities.

(4) The state parent locator service may establish fees to be charged for the provision of services in paragraphs (d) and (e) of subsection (2) of this section and in subparagraphs (IV) and (V) of paragraph (a.5) of subsection (3) of this section.

(5) This section shall apply to all child support obligations ordered as a part of any proceeding, regardless of when the order was entered.
C.R.S. § 26-1-304 — CO Code / Title 26 / Article 1 / Part 3 / Section 26-1-304
26-1-304. Services for persons with brain injuries - limitations - covered services
Status: repealed

26-1-304. Services for persons with brain injuries - limitations - covered services. (1) The board shall determine the percentage of money credited to the trust fund to be spent annually on service coordination and skills training for persons with brain injuries; however, no less than fifty-five percent of the money annually credited to the trust fund pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e) must be used to provide service coordination and skills training to persons with brain injuries.

(2) An individual is not required to exhaust all private funds in order to be eligible for the program. Individuals who have continuing health insurance benefits, including but not limited to medical assistance pursuant to articles 4, 5, and 6 of title 25.5, may access the trust fund for services that are necessary but that are not covered by a health benefit plan, as defined in section 10-16-102 (32), or any other funding source.

(3) and (4) Repealed.

(5) All individuals receiving assistance from the trust fund shall receive service coordination and skills training. In addition to service coordination and skills training, the board shall determine any additional services covered by the trust fund. The board may prioritize the services covered by the trust fund and eligibility for the services while ensuring fidelity to the program's original intent to serve individuals with traumatic brain injuries. Covered services do not include institutionalization, hospitalization, or medication.
C.R.S. § 26-11.5-113 — CO Code / Title 26 / Article 11.5 / Section 26-11.5-113
26-11.5-113. Duties of state PACE ombudsman
Status: repealed

26-11.5-113. Duties of state PACE ombudsman. (1) The state PACE ombudsman has the following duties and functions:

(a) No later than July 1, 2017, establish statewide policies and procedures to identify, investigate, and seek the resolution or referral of complaints made by or on behalf of a PACE participant related to any action, inaction, or decision of any PACE organization or PACE provider 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 PACE participant. The policies and procedures established pursuant to this subsection (1)(a) must ensure that, while upholding the participant-directed nature of an ombudsman's advocacy, the actions of the state PACE ombudsman or local PACE ombudsmen are consistent with a PACE organization's duties and responsibilities under federal law.

(a.5) No later than October 1, 2017, provide training and technical assistance to personnel of local PACE ombudsman programs. The training must be developed in consultation with PACE organizations and other persons or entities with PACE expertise, as appropriate. Upon successful completion of training, the office may designate personnel as qualified representatives of the office and, if designated, shall issue a PACE ombudsman identification card to the personnel.

(b) Establish procedures to analyze and monitor the development and implementation of federal, state, and local laws, regulations, and policies with respect to PACE services and programs or facilities. On the basis of the analysis and monitoring, the state PACE ombudsman shall recommend to the appropriate governing body changes to laws, regulations, and policies.

(c) No later than July 1, 2017, prepare and distribute a notice informing PACE participants of the existence of a state PACE ombudsman and the duties of the state PACE ombudsman for posting at all PACE programs and facilities, and update the notice, as necessary, to include information concerning local PACE ombudsmen.

(2) The policies and procedures adopted pursuant to paragraph (a) of subsection (1) of this section may be applied to complaints by or on behalf of PACE participants where the provision of ombudsman services will either benefit other PACE participants enrolled in the same PACE program that is the subject of the complaint or PACE participants in general, or where ombudsman service is the only viable avenue of assistance available to the PACE participant and the ombudsman service will not significantly diminish the PACE organization's efforts on behalf of the participants.

(3) In addition to the duties and functions set forth in subsections (1) and (2) of this section, the state PACE ombudsman and his or her representatives have the authority to pursue administrative, legal, or other appropriate remedies on behalf of PACE participants for the purposes of effectively carrying out the provisions of paragraph (a) of subsection (1) of this section and subsection (2) of this section.

(4) (a) The state department may seek, accept, and expend gifts, grants, and donations from private or public sources for the purposes of establishing the state PACE ombudsman office and implementing this section.

(b) The PACE ombudsman fund, referred to in this paragraph (b) as the "fund", is hereby created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund pursuant to this subsection (4) 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. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be transferred to any other fund. Subject to annual appropriation by the general assembly, the state department may expend money from the fund for purposes of establishing the state PACE ombudsman office pursuant to this article.

(c) Repealed.
C.R.S. § 26-2-104 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-104
26-2-104. Public assistance programs - automatic enrollment - electronic benefits transfer
Status: repealed

26-2-104. Public assistance programs - automatic enrollment - electronic benefits transfer service - joint reports with department of revenue - signs - rules - definitions. (1) (a) The state department is hereby designated as the single state agency to administer or supervise the administration of public assistance programs in this state in cooperation with the federal government pursuant to the social security act and this article. The state department shall establish public assistance programs consisting of assistance payments and social services to be made available to eligible individuals, including but not limited to old age pensions, the Colorado works program, aid to the needy disabled, and aid to the blind.

(b) The state department may review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time to determine the propriety of the action or failure to take timely action on an application for public assistance. The state department shall make such additional investigation as it deems necessary and shall, after giving the county department an opportunity to rebut any findings or conclusions of the state department that the action or delay in taking action was a violation of or contrary to state department rules, make such decision as to the granting of assistance payments and the amount thereof as in its opinion is justifiable pursuant to the provisions of this article and the rules of the state department. Applicants or recipients affected by such decisions of the state department, upon request, shall be given reasonable notice and opportunity for a fair hearing by the state department.

(c) (I) Notwithstanding any other provision of law, a state, local, or tribal government may use any data or information in its possession to automatically enroll, or send a notice of potential eligibility to enroll to, any individual or household regarding any benefit program.

(II) Notwithstanding any other provision of law, a state, local, or tribal government may request an individual or household attest to receiving support from a benefit program or otherwise provide proof of the individual's or household's enrollment in any benefit program with the same or more restrictive enrollment requirements as evidence to enroll an individual or household in any other benefit program.

(III) For the purposes of this subsection (1)(c), unless the context otherwise requires:

(A) "Benefit program" means any federally, state, or locally funded program intended to provide assistance or support to an individual or household. "Benefit program" does not include monetary assistance or support that is claimed by an individual or household when filing an income tax return.

(B) "State, local, or tribal government" means the state, a municipality, county, city and county, or federally recognized tribal nation with land inside of the state.

(2) (a) (I) The state department is authorized to implement an electronic benefits transfer service for administering the delivery of public assistance payments and food stamps to recipients. The electronic benefits transfer service shall be designed to allow clients access to cash benefits through automated teller machines or similar electronic technology. The electronic benefits transfer service allows clients eligible for food stamps access to food items through the use of point-of-sale terminals at retail outlets.

(II) Only those businesses that offer products or services related to the purpose of the public assistance benefits are allowed to participate in the electronic benefits transfer service through the use of point-of-sale terminals. Clients shall not be allowed to access cash benefits through the electronic benefits transfer service from automated teller machines in this state located in:

(A) Licensed gaming establishments as defined in section 44-30-103 (18), in-state simulcast facilities as defined in section 44-32-102 (11), tracks for racing as defined in section 44-32-102 (24), or commercial bingo facilities as defined in section 24-21-602 (11);

(B) Stores or establishments in which the principal business is the sale of firearms;

(C) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44; except that the prohibition in this subsection (2)(a)(II)(C) does not apply to establishments licensed as liquor-licensed drugstores under section 44-3-410;

(D) Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015; or

(E) Establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment; except that the prohibition for these establishments does not take effect until sixty days after May 1, 2015.

(II.5) As soon as possible after May 1, 2015, the state department shall notify the establishments described in sub-subparagraphs (D) and (E) of subparagraph (II) of this paragraph (a) of the prohibition contained in those sub-subparagraphs.

(III) In the development and implementation of the service, the state department shall consult with representatives of those persons, agencies, and organizations that will use or be affected by the electronic benefits transfer service, including program clients, to assure that the service is as workable, effective, and efficient as possible. The electronic benefits transfer service is applicable to the public assistance programs described in subsection (1) of this section and to food stamps as described in part 3 of this article 2. The state department shall contract in accordance with state purchasing requirements with any entity for the development and administration of the electronic benefits transfer service. In order to ensure the integrity of the electronic benefits transfer service, the system developed pursuant to this section must use, but is not limited to, security measures such as individual personal identification numbers, photo identification, or fingerprint identification. The security method or methods selected must be those that are most efficient and effective. The state board shall establish by rule a policy and procedure to limit losses to a client after the client reports that the electronic benefits transfer card or benefits have been lost or stolen. The state department may authorize county departments of human or social services to charge a fee to a client to cover the costs related to issuing a replacement electronic benefits transfer card.

(IV) When the owner of an automated teller machine located in an establishment described in subparagraph (II) of this paragraph (a) moves the machine to a location not so described, the owner shall reprogram the machine to allow public assistance recipients to access the machine.

(b) The state board is authorized to promulgate rules necessary to implement and administer the electronic benefits transfer service created in this subsection (2). Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.

(c) The state department is authorized to request federal waivers as necessary to administer the electronic benefits transfer service.

(d) to (f) Repealed.

(g) On or before January 1, 2016, the state department shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., to enforce the prohibition of clients accessing benefits at an automated teller machine located in an establishment described in paragraph (a) of this subsection (2) or any other establishment in which a client is prohibited from accessing benefits by federal law. The rules must include increasing penalties for multiple violations.

(h) (I) On or before January 1, 2016, the department of revenue shall adopt rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, that relate to a client's use of automated teller machines at locations where the use is prohibited. The rules must apply to the following establishments:

(A) Licensed gaming establishments as defined in section 44-30-103 (18); in-state simulcast facilities as defined in section 44-32-102 (11); and tracks for racing as defined in section 44-32-102 (24);

(B) Retail establishments licensed to sell malt, vinous, or spirituous liquors pursuant to part 3 of article 3 of title 44, excluding establishments licensed as liquor-licensed drugstores under section 44-3-410;

(C) Establishments licensed to sell medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to article 10 of title 44; and

(D) Any other establishments regulated by the department of revenue at which a client is prohibited from accessing public benefits pursuant to federal law.

(II) The rules adopted pursuant to subparagraph (I) of this paragraph (h) must include:

(A) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located post a sign on or near the automated teller machine notifying clients that this section prohibits the use of an electronic benefits service transfer card at the machine. The sign must contain the following statement:

The use of an electronic benefits transfer service ("EBT") card to access public benefits at this machine is prohibited by Colorado law, section 26-2-104, Colorado Revised Statutes.

(B) A requirement that the operator of any establishment described in subparagraph (I) of this paragraph (h) at which an automated teller machine is located take measures to prevent a client from using an electronic benefits transfer service card to access moneys from such an automated teller machine;

(C) Methods to enforce the requirement of sub-subparagraph (B) of this subparagraph (II) against the operator of the establishment including increasing penalties for multiple violations; and

(D) A provision that any establishment described in subparagraph (I) of this paragraph (h) is exempt from the requirements of the rules adopted pursuant to sub-subparagraphs (A) to (C) of this subparagraph (II) if the establishment provides to the department of revenue a statement from the owner or operator of each automated teller machine located within the establishment verifying that the machine does not accept electronic benefits transfer service cards; except that, if one or more violations of subparagraph (II) of paragraph (a) of this subsection (2) occur at any such establishment, the department of revenue may take measures to prevent future violations, including increasing penalties for multiple violations, not to exceed one hundred dollars per violation.
C.R.S. § 26-2-127 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-127
26-2-127. Appeals
Status: in_force

26-2-127. Appeals. (1) (a) (I) Except as provided in part 7 of this article, if an application for assistance payments is not acted upon by the county department within a reasonable time after filing of the same, or if an application is denied in whole or in part, or if a grant of assistance payments is suspended, terminated, or modified, the applicant or recipient, as the case may be, may appeal to the state department in the manner and form prescribed by the rules of the state department. Every county department or service delivery agency shall adopt procedures for the resolution of disputes arising between the county department or the service delivery agency and any applicant for or recipient of public assistance prior to appeal to the state department. Such procedures are referred to in this section as the "dispute resolution process". Two or more counties may jointly establish the dispute resolution process. The dispute resolution process shall be consistent with rules promulgated by the state board pursuant to article 4 of title 24, C.R.S. The dispute resolution process shall include an opportunity for all clients to have a county conference, upon the client's request, and such requirement may be met through a telephonic conference upon the agreement of the client and the county department. The dispute resolution process need not conform to the requirements of section 24-4-105, C.R.S., as long as the rules adopted by the state board include provisions specifically setting forth expeditious time frames, notice, and an opportunity to be heard and to present information. If the dispute is not resolved, the applicant or recipient may appeal to the state department in the manner and form prescribed by the rules of the state department. Whether at the county level, state level, or both, disputes related to the delivery of assistance under the Colorado works program established pursuant to part 7 of this article shall be decided in accordance with the rules promulgated by the state board pursuant to this subparagraph (I) and with the county's official written policies adopted pursuant to section 26-2-716 (2.5), which policies govern delivery of assistance under such program. The state board shall adopt rules setting forth what other issues, if any, may be appealed by an applicant or recipient to the state department. County notices to applicants or recipients shall inform them of the basis for the county's decision or action and shall inform them of their rights to a county conference under the dispute resolution process and of their rights to state level appeal and the process of making such appeal. A hearing need not be granted when either state or federal law requires or results in an automatic grant adjustment for classes of recipients, unless the reason for an individual appeal is incorrect grant computation.

(II) Upon receipt of an appeal, the state department shall give the appellant reasonable notice and an opportunity for a fair hearing in accordance with rules of the state department. Any such fair hearing shall comply with section 24-4-105, C.R.S., and the state department's administrative law judge shall preside.

(III) The appellant shall have an opportunity to examine all applications and pertinent records concerning said appellant that constitute a basis for the denial, suspension, termination, or modification of assistance payments.

(IV) The appellant may represent himself or herself or he or she may be represented by legal counsel, or by a relative, friend, or other spokesman, and such representation by nonlawyers shall not be considered to be the practice of law.

(b) The state department, by its rules, may provide for fair hearings and appeals for applicants for and recipients of social services.

(c) (Deleted by amendment, L. 97, p. 1317, § 1, effective July 1, 1997.)

(2) All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department.

(3) The state department, the department of health care policy and financing, and the office of administrative courts in the department of personnel shall work together to streamline the process for the appeal of disputes that are not resolved at the county level and shall consider proposed legislative changes or federal waivers for the Colorado works program pursuant to part 7 of this article in order to address changes in the appeals process to avoid or mitigate expenses to counties of maintaining benefits during the pendency of state-level appeals.

(4) The state department is authorized to apply to the United States department of agriculture and the health care financing administration for waivers to develop a process for appeals that ensures that issues may be consolidated at the local and state levels. In applying for the waiver, the state department shall demonstrate that due process considerations are addressed through other appeal mechanisms.
C.R.S. § 26-5-100.2 — CO Code / Title 26 / Article 5 / Section 26-5-100.2
26-5-100.2. Legislative declaration
Status: in_force

26-5-100.2. Legislative declaration. (1) The general assembly finds and declares that:

(a) Each year, for a variety of reasons, more than three hundred youth, ages eighteen to twenty-one, exit Colorado's foster care system without a permanent home or a stable support network;

(b) These youth do not have the same safety nets, supportive adults, and support networks as do other youth their age;

(c) Many of these youth will face challenges as they search for affordable housing, pursue higher education or training, search for employment, manage tight budgets, take care of their health needs, and much more;

(d) Youth in foster care face not only the typical developmental changes and new experiences that are common to youth their age but also the dramatic change from being under the county's care to being on their own, many without any supportive adults or safety net to help them succeed;

(e) The array of services and supports available to youth while in the foster care system, including housing, food, medical care, and caseworker support, disappear as soon as the youth exits foster care. Additionally, many of these youth are dealing with the long-term consequences of trauma related to the abuse, neglect, removal, and overall lack of resources that they may have experienced.

(f) By leveraging the expertise of youth who have successfully made the transition to adulthood, as well as experts in the field, many states have developed creative approaches to address the needs of these youth;

(g) Colorado can start addressing the needs of youth by allowing counties to use existing child welfare money to provide continued supportive services for youth who exit the foster care system; and

(h) Although existing child welfare money may enable the state to provide services to some youth, it is insufficient to address all the need, nor is it available consistently across the state.

(2) Therefore, the general assembly determines that by coupling the short-term approach of using existing child welfare money with the creation of a steering committee tasked with developing a long-term implementation plan for services for a successful adulthood for youth who were formerly in the state's foster care system, the state can better meet the needs of youth who are making the transition from the foster care system to successful adulthood.
C.R.S. § 26-5-105 — CO Code / Title 26 / Article 5 / Section 26-5-105
26-5-105. Reimbursement procedure
Status: in_force

26-5-105. Reimbursement procedure. Claims for state reimbursement under this article shall be presented by the county departments to the state department at such times and in such manner as the state department may prescribe. The state department shall certify to the controller the amount approved, specifying the amount of each county's capped or targeted allocation. The amount so certified shall be paid from the state treasury, upon the voucher of the state department and warrant of the controller, to the respective county treasurers of the counties seeking the reimbursement, from money appropriated to the state department for the purpose of administering the provisions of this article.
C.R.S. § 26-7-107 — CO Code / Title 26 / Article 7 / Section 26-7-107
26-7-107. Determination of benefits - adoption assistance agreement - review - definitions
Status: in_force

26-7-107. Determination of benefits - adoption assistance agreement - review - definitions. (1) The benefits provided in any case pursuant to this article 7 must be determined through an agreement between the adoptive parents and the county department administering the program. The terms of the agreement must be reached through a discussion and good-faith negotiation process that addresses the needs of the eligible child or youth. Once the terms of the agreement are reached by the respective parties, the parties shall sign the agreement prior to adoption finalization. If an agreement cannot be reached with the concurrence of the adoptive parents, the adoptive parents' request for adoption assistance may be reviewable through the administrative law appeals process.

(2) The use of a means test is prohibited in the process of selecting an adoptive family. A means test also must not be substituted for the negotiation of an adoptive family's benefits. The circumstances of the family, as defined in section 26-7-102 (5), should be considered in negotiating a family's benefits.

(3) (a) Determination of the type and amount of benefits to be provided must take into consideration the circumstances of the adoptive family and the current and anticipated needs of the eligible child or youth being adopted. In no case may the amount of the monthly subsidy payment exceed the foster care maintenance payment that would have been paid if the eligible child or youth had been in foster care at the time of the eligible child's or youth's adoption or at the time of renegotiation in the case of adoption assistance adjustment. The amount of payments may be adjusted periodically if either the needs of the eligible child or youth or the circumstances of the family change, but only with the concurrence of the adoptive parents.

(b) (I) In addressing the needs of an eligible adopted child or youth, adoptive parents may knowingly take on additional costs for items or services for the child or youth being adopted, which items or services are otherwise covered costs under the medical assistance program established in articles 4, 5, and 6 of title 25.5 and identified as benefits in section 26-7-106 (2)(b). The limitations on member payments contained in sections 24-31-808 and 25.5-4-301 do not apply to the additional costs so long as the adoptive parents consent to bear the costs as provided in subsection (3)(b)(II) of this section, and so long as the provisions of this subsection (3)(b) are not prohibited under federal law.

(II) The adoptive parents may enter into a written agreement with a provider under which the adoptive parents agree to pay for additional costs associated with items or services that are reimbursable under the medical assistance program but, in the judgment of the adoptive parents, may be required from a provider that is not enrolled in the medical assistance program. Under these circumstances, the adoptive parents are liable for the costs of such items or services and shall not seek reimbursement under the adoption assistance program or the medical assistance program for the cost of such items or services after the items or services have been provided and paid for pursuant to a written agreement described in this subsection (3)(b)(II). Further, the county department is not required to cover the cost of such items or services as part of the circumstances of the family or the anticipated needs of the eligible child or youth during subsidy negotiations pursuant to this section. Nothing in this section precludes consideration of any other family circumstances or anticipated needs for purposes of negotiating adoption assistance.

(III) The department of health care policy and financing shall seek any federal authorization necessary under the medical assistance program, established in articles 4, 5, and 6 of title 25.5, for purposes of this subsection (3)(b).

(4) In cases where a subsidy is not provided in an agreement, the county department shall document:

(a) The child's or youth's special needs in the services record and in the state department's automated child welfare system; and

(b) The potential need for financial subsidies that exist and may need to be activated at a future time.

(5) An agreement entered into pursuant to subsection (1) of this section must be reviewed at least every three years. The county departments shall provide written notice of the upcoming review to the adoptive family.

(6) Any new agreement must include the circumstances under which the county department may suspend subsidy payments.

(7) The agreement may be adjusted after good-faith negotiation and with the concurrence of the adoptive family. An adjustment is reviewable through the administrative law process upon the request of the family. Any party may request a review of the agreement prior to the three-year mandatory review if changes occur in the needs of the adoptive child or youth or in the circumstances of the family.

(8) Benefits provided through the program must be continued if the adoptive parents leave the state of Colorado with the adopted child or youth.
C.R.S. § 26-5-109 — CO Code / Title 26 / Article 5 / Section 26-5-109
26-5-109. Child welfare training academy established - rules
Status: in_force

26-5-109. Child welfare training academy established - rules. (1) There is hereby established within the state department the child welfare training academy, referred to in this section as the "academy", to ensure that certain persons hired to work within child welfare services receive the necessary training to perform the functions of their jobs responsibly and effectively. The state department shall administer the academy in accordance with rules promulgated by the state department pursuant to subsection (2) of this section.

(2) On or before September 15, 2009, the state department shall promulgate rules for the administration of the academy. The rules must include:

(a) Identification of specific job titles within child welfare services that shall be required to attain certification from the academy as a mandatory condition of employment;

(b) Identification of specific job titles within child welfare services that shall be required to complete ongoing or occasional training from the academy as a mandatory condition of employment;

(c) Establishment of minimum standards of competence that a person is required to demonstrate prior to receiving certification from the academy. The standards of competence must include, but are not limited to, a demonstrated ability to perform the duties described in section 19-3-313.5 (2) and a demonstrated understanding of principles and strategies to promote equity, diversity, and inclusion in the child welfare system.

(d) Identification of means by which a person may demonstrate the minimum standards established pursuant to paragraph (c) of this subsection (2); and

(e) Establishment of alternative methods for attaining certification from the academy for persons who have already successfully completed comparable child welfare training, including a description of child welfare training that shall be deemed to be comparable to the training offered by the academy.
C.R.S. § 26-13-119 — CO Code / Title 26 / Article 13 / Section 26-13-119
26-13-119. Distribution of amounts collected
Status: in_force

26-13-119. Distribution of amounts collected. (1) This section shall only apply to Title IV-D cases under the federal "Social Security Act" where the delegate child support enforcement unit is providing support enforcement services pursuant to section 26-13-106 and has responsibility to collect the required support obligation for the month.

(2) Notwithstanding any provision in the Colorado rules of civil procedure to the contrary, any amounts collected by the delegate child support enforcement agency, except for federal income tax refund offsets, shall be allocated and distributed first to satisfy the required support obligation for the month in which the collection was received, except when the payment is distributed to pay the fee required by section 26-13-106 (4). In cases where some portion of an amount collected pursuant to execution on a judgment is diverted to satisfy the required support obligation for the month in which the collection was received, the delegate child support enforcement agency shall file a partial satisfaction of judgment with the court that reflects the portion of the amount collected that is actually allocated and distributed to satisfy the judgment.
C.R.S. § 26-2-115 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-115
26-2-115. State old age pension fund - priority
Status: in_force

26-2-115. State old age pension fund - priority. All moneys deposited in the state old age pension fund shall be first available for payment of basic minimum awards to qualified old age pension recipients, and no part of said fund shall be transferred to any other fund until such basic minimum awards shall have been paid. Moneys in the state old age pension fund shall be subject to annual appropriation by the general assembly.
C.R.S. § 26-1-310 — CO Code / Title 26 / Article 1 / Part 3 / Section 26-1-310
26-1-310. Reports to the general assembly
Status: in_force

26-1-310. Reports to the general assembly. Notwithstanding section 24-1-136 (11)(a)(I), on September 1, 2009, and each September 1 thereafter, the board shall provide a report to the joint budget committee and the public health care and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees, on the operations of the trust fund, the money expended, the number of individuals with brain injuries offered services, the research grants awarded and the progress on such grants, and the educational information provided pursuant to this article 1.
C.R.S. § 26-12-115 — CO Code / Title 26 / Article 12 / Part 1 / Section 26-12-115
26-12-115. Signatures validated
Status: in_force

26-12-115. Signatures validated. If any of the officers whose signatures or countersignatures appear on the anticipation warrants issued under the provisions of this article or coupons attached thereto cease to be such officers before delivery of such warrants, such signatures and countersignatures shall nevertheless be valid and sufficient for all purposes with the same force and effect as if they had remained in office until such delivery.
C.R.S. § 26-13.5-110 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-110
26-13.5-110. Paternity - establishment - filing of order with court
Status: in_force

26-13.5-110. Paternity - establishment - filing of order with court. (1) The delegate child support enforcement unit may issue an order establishing paternity of and financial responsibility for a child in the course of a support proceeding pursuant to this article 13.5 when a parent signs a statement that the paternity of the child for whom support is sought has not been legally established and that the parents are the legal parents of the child and if neither parent is contesting the issue of paternity or may issue a default order establishing paternity and financial responsibility in accordance with section 26-13.5-106. Prior to issuing an order pursuant to this section, the delegate child support enforcement unit shall advise both parents in writing as prescribed by rule promulgated pursuant to section 26-13.5-113 of their legal rights concerning the determination of paternity.

(2) A copy of the order establishing paternity and financial responsibility and the sworn statement of the parent and, in the case of a default order establishing paternity and financial responsibility, the APA-petitioner's verified affidavit regarding paternity and the genetic test results, if any, must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued or as otherwise provided in accordance with section 26-13.5-105 (2). The order establishing paternity and financial responsibility has all the force, effect, and remedies of an order of the district court, and the order may be executed upon and enforced in the same manner as an order of the court.

(3) If the order establishing paternity is at variance with the child's birth certificate, the delegate child support enforcement unit shall order that a new birth certificate be issued pursuant to section 19-4-124.

(4) Service of process to establish paternity and financial responsibility may be made pursuant to this article 13.5 by any method of service, including certified mail, as specified in section 26-13.5-104.
C.R.S. § 26-5-103 — CO Code / Title 26 / Article 5 / Section 26-5-103
26-5-103. Coordination with other programs
Status: in_force

26-5-103. Coordination with other programs. The program of child welfare services established pursuant to this article shall be coordinated with other social services and assistance payments programs for children of this state and shall be rendered in complement of, and not in duplication of or contrary to, legal processes provided by the "Colorado Children's Code" and services rendered under any public assistance law or other law for the benefit of children, including assistance under the Colorado works program, as described in part 7 of article 2 of this title.
C.R.S. § 26-7.8-102 — CO Code / Title 26 / Article 7.8 / Section 26-7.8-102
26-7.8-102. Definitions
Status: repealed

26-7.8-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Division" means the division of housing within the department of local affairs created in section 24-32-704, C.R.S.

(1.5) "Executive director" means the executive director of the department of local affairs.

(2) "Homeless prevention activities program" means a community-based or community-oriented program which is operated by the division and established pursuant to the criteria set forth in section 26-7.8-103 to assist in preventing families and other persons from becoming homeless.

(3) Repealed.

(4) "Unit of local government" means a county, city and county, city, town, or municipality.
C.R.S. § 26-20-104.5 — CO Code / Title 26 / Article 20 / Section 26-20-104.5
26-20-104.5. Duties relating to use of seclusion by division of youth services
Status: in_force

26-20-104.5. Duties relating to use of seclusion by division of youth services. (1) Notwithstanding the provisions of section 26-20-103 to the contrary, if the division of youth services holds a youth in seclusion in any secure state-operated or state-owned facility:

(a) A staff member shall check the youth's safety at varying intervals, but at least every fifteen minutes;

(b) Within one hour after the beginning of the youth's seclusion period, and every hour thereafter, a staff member shall notify the facility director or his or her designee of the seclusion and receive his or her written approval of the seclusion; and

(c) Within twelve hours after the beginning of the youth's seclusion period, the division of youth services shall notify the youth's parent, guardian, or legal custodian and inform that person that the youth is or was in seclusion and the reason for his or her seclusion.

(2) (a) A youth placed in seclusion because of an ongoing emergency must not be held in seclusion beyond four consecutive hours, unless the requirements of paragraph (b) of this subsection (2) are satisfied.

(b) If an emergency situation occurs that continues beyond four consecutive hours, the division of youth services may not continue the use of seclusion for that youth unless the following criteria are met and documented:

(I) A qualified mental health professional, or, if such professional is not available, the facility director or his or her designee, determines that referral of the youth in seclusion to a mental health facility is not warranted; and

(II) The director of the division of youth services, or his or her designee, approves at or before the conclusion of four hours, and every hour thereafter, the continued use of seclusion.

(c) A youth may not be held in seclusion under any circumstances for more than eight total hours in two consecutive calendar days without a written court order.

(3) Notwithstanding any other provision of this section, the division of youth services may place a youth alone in a room or area from which egress is involuntarily prevented if such confinement is part of a routine practice that is applicable to substantial portions of the population. Such confinement must be imposed only for the completion of administrative tasks and should last no longer than necessary to achieve the task safely and effectively.
C.R.S. § 26-6-923 — CO Code / Title 26 / Article 6 / Part 9 / Section 26-6-923
26-6-923. Residential child care provider training academy - clinical quality and oversigh
Status: in_force

26-6-923. Residential child care provider training academy - clinical quality and oversight - report - rules - definition. (1) The residential child care provider training academy is created in the state department to facilitate a pipeline of high-quality staff for residential child care providers and ensure that individuals hired to work at residential child care facilities receive the necessary training to perform the individual's job functions responsibly and effectively.

(2) On or before September 15, 2025, the state department shall promulgate rules for the administration of the academy. At a minimum, the rules must include:

(a) Identification of specific residential child care provider types that are required to utilize the academy;

(b) Identification of specific residential provider staff members who are required to obtain academy training;

(c) Establishment of minimum standards of competence that a staff member shall demonstrate prior to receiving academy certification;

(d) Identification of the means by which a staff member may demonstrate the minimum standards of competence required pursuant to subsection (2)(c) of this section; and

(e) Identification of training curricula, which must include cultural competency for providers.

(3) No later than July 1, 2025, the state department shall develop a system to establish and monitor quality standards for residential child care providers, including clinical care for children and youth in residential treatment settings, and ensure the quality standards are implemented into all levels of care that serve children and youth in out-of-home placement.

(4) No later than July 1, 2026, the state department shall develop a system to incentivize residential child care providers to implement quality standards above the minimum standards established by the state department pursuant to subsection (3) of this section.

(5) No later than July 1, 2026, the state department shall make publicly available on the state department's website a directory of each residential child care provider's quality assurance.

(6) (a) No later than January 1, 2025, the state department shall collect data from residential child care providers on the reasons providers deny, or are unable to provide, residential child care services to children and youth.

(b) Upon implementation of the behavioral health capacity tracking system created pursuant to section 27-60-104.5, the behavioral health administration shall provide to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, a report on residential child care provider denials of care.

(7) No later than July 1, 2026, and each July thereafter, the state department shall submit an annual report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, on the implementation of quality standards developed pursuant to subsection (3) of this section.

(8) Each local education provider is responsible for ensuring a child residing within its district receives free and appropriate public education that is consistent with all applicable federal and state statutes, rules, and regulations.

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

(a) "Academy" means the residential child care provider training academy created in subsection (1) of this section.

(b) "Child or youth" means an individual who is less than twenty-one years of age.
C.R.S. § 26-13.5-121 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-121
26-13.5-121. When administrative process action order is effective
Status: in_force

26-13.5-121. When administrative process action order is effective. (1) An APA stipulated or temporary order of establishment or an APA stipulated order of modification is effective upon filing with the clerk of court.

(2) An APA default order of establishment or an APA default order of modification is effective upon approval by the court or by operation of law pursuant to section 26-13.5-106 or 26-13.5-120.
C.R.S. § 26-5.4-103 — CO Code / Title 26 / Article 5.4 / Section 26-5.4-103
26-5.4-103. Foster care prevention services program - rules
Status: in_force

26-5.4-103. Foster care prevention services program - rules. (1) The state department is authorized to include in the state's five-year Title IV-E prevention plan, as defined in 42 U.S.C. sec. 671, the establishment and implementation of a foster care prevention services program for families with children and youth who are candidates for foster care but who can safely remain at home or in a kinship placement with receipt of services, including children and youth who, without intervention, risk involvement with the child welfare system as established by rule of the state board. The state department shall promulgate rules setting forth procedures regarding the provision of these services.

(2) Nothing in this article 5.4 shall prevent the state department from complying with federal requirements for a foster care prevention services program in order for the state to qualify for federal money under the federal "Social Security Act", as amended.
C.R.S. § 26-7.5-103 — CO Code / Title 26 / Article 7.5 / Section 26-7.5-103
26-7.5-103. Domestic violence, sexual assault, or culturally specific programs - criteria
Status: in_force

26-7.5-103. Domestic violence, sexual assault, or culturally specific programs - criteria. (1) A domestic violence, sexual assault, or culturally specific program established pursuant to this article 7.5 shall provide, but not be limited to:

(a) Direct advocacy or counseling for persons who are victims of domestic violence or sexual assault, and their dependents, and support for the victims' animal companions;

(b) Programs that assist victims of domestic violence or sexual assault, and their dependents, in obtaining services and information;

(c) Educational and prevention programs on domestic violence or sexual assault designed for both the community at large and specialized groups such as medical personnel and law enforcement officials.

(2) Domestic violence, sexual assault, or culturally specific programs shall utilize the resources of the community in meeting the personal and family needs of participants.

(3) As a part of a domestic violence, sexual assault, or culturally specific program, a facility may be established to provide residential accommodations to victims of domestic violence and sexual assault, and their dependents.

(4) Domestic violence, sexual assault, and culturally specific programs may participate in, develop, implement, or enhance coordinated community response teams, sexual assault response teams, or similar coordinated community responses to domestic violence and sexual assault.
C.R.S. § 26-2-723 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-723
26-2-723. Evaluation - state department - repeal
Status: repealed

26-2-723. Evaluation - state department - repeal. (Repealed)
C.R.S. § 26-2-720 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-720
26-2-720. Short-term works emergency fund - repeal
Status: repealed

26-2-720. Short-term works emergency fund - repeal. (Repealed)
C.R.S. § 26-13-123 — CO Code / Title 26 / Article 13 / Section 26-13-123
26-13-123. Drivers' licenses - suspension for nonpayment of child support - definitions
Status: in_force

26-13-123. Drivers' licenses - suspension for nonpayment of child support - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Child support order" means any administrative or court order requiring the payment of child support, child support arrears, child support debt, retroactive support, or medical support, whether or not such order is combined with an order for maintenance.

(b) "Driver's license" means a license issued by the department of revenue pursuant to article 2 of title 42, C.R.S.

(c) "Notice of compliance" means the notice issued pursuant to subsection (5) of this section that an obligor is in compliance with a child support order.

(d) "Notice of failure to comply" means the notice issued pursuant to subsection (4) of this section.

(e) "Notice of noncompliance" means the notice issued pursuant to subsection (3) of this section that an obligor is not in compliance with a child support order.

(f) "Obligor" has the same meaning as in section 26-13.5-102 (12).

(2) (a) The state child support enforcement agency shall, at least on an annual basis, identify as obligors subject to the provisions of this section any person who owes the following and has failed to execute and comply with the terms of an agreement to pay:

(I) Child support debt to the state pursuant to section 14-14-104, C.R.S.;

(II) Arrearages or medical support, as requested as part of an enforcement action pursuant to article 5 of title 14, C.R.S.;

(III) Child support arrearages, retroactive child support, or medical support that is the subject of enforcement services provided pursuant to section 26-13-106.

(b) An obligor is subject to the provisions of this section to the extent that any child support debt, arrearage balance, retroactive support, or medical support is owed and remains outstanding.

(3) (a) At least on an annual basis, the state child support enforcement agency shall issue a written notice of noncompliance to any obligor identified in subsection (2) of this section. The notice of noncompliance shall include the name and last-known address of the obligor and shall be sent to the obligor's last-known address.

(b) The notice of noncompliance shall include the following information:

(I) That the state child support enforcement agency's records indicate the obligor owes a duty of support under a child support order;

(II) That the state child support enforcement agency's records indicate the obligor has not complied with a child support order; or has a child support debt, child support arrearage balance, or owes retroactive child support; or has failed to provide the child medical support pursuant to a court or administrative order;

(III) That the obligor has failed to execute an agreement to repay the child support debt or child support arrearage balance or to remain current on the required child support payments or has failed to abide by the terms of the agreement if an agreement has been executed by the obligor;

(IV) That the obligor may, in writing and no later than thirty days after the date of the notice, request an administrative review to object to the notice of noncompliance and that failure to request such a review within the time specified shall result in the issuance of a notice of failure to comply pursuant to subsection (4) of this section;

(V) That the sole grounds for an administrative review shall be a mistake in the identity of the obligor; a disagreement regarding the amount of the child support debt, arrearage balance, retroactive support, or medical support; or a showing that all child support payments were made when due;

(VI) That the delegate child support enforcement unit must conduct an administrative review within thirty days after receipt of the obligor's written request; and

(VII) That the obligor may request in writing an administrative review from the state child support enforcement agency within thirty days after the date of the delegate child support enforcement unit's decision.

(c) (I) No later than thirty days after the date of the notice of noncompliance, the obligor may request in writing that the delegate child support enforcement unit conduct an administrative review pursuant to rules and regulations developed by the state board of human services to implement the provisions of this article.

(II) No later than thirty days after the date of the delegate child support enforcement unit's decision, the obligor may request in writing an administrative review from the state child support enforcement agency.

(III) The sole grounds to be determined at the administrative review shall be a mistake in the identity of the obligor; a disagreement with the amount of the child support debt, arrearage balance, retroactive support, or medical support; or a showing that all child support payments were made when due.

(IV) The decision of the state child support enforcement agency shall be final agency action and may be reviewed as provided in section 24-4-106, C.R.S.

(V) A notice of failure to comply pursuant to subsection (4) of this section shall not be sent to the department of revenue unless the obligor has failed to request a review within the time specified or until a hearing has been concluded and all rights of review have been exhausted.

(4) After the rights of review pursuant to paragraph (c) of subsection (3) of this section have been exhausted or the time within which such review may be requested has elapsed, the state child support enforcement agency shall:

(a) Issue the notice of failure to comply to the department of revenue; and

(b) Send a copy of such notice to the obligor to the obligor's last-known address.

(5) (a) Upon receipt of the notice of failure to comply from the state child support enforcement agency, the department of revenue shall suspend the obligor's driver's license pursuant to section 42-2-127.5, C.R.S. Such suspension shall not be grounds for a hearing or any other administrative review by the department of revenue. The department of revenue shall refer all requests for a hearing regarding the obligor's child support order to the state child support enforcement agency for referral to the delegate child support enforcement unit.

(b) The department of revenue may issue a probationary driver's license pursuant to section 42-2-127.5, C.R.S.

(c) The department of revenue shall only reinstate a driver's license upon receipt of a notice of compliance from the delegate child support enforcement unit that indicates the obligor has complied with the court or administrative order or has agreed upon a payment plan approved by the delegate child support enforcement unit. The delegate child support enforcement unit is not required to issue a notice of compliance based upon approval of a payment plan for an obligor who has received a second notice of failure to comply until such obligor has complied with such payment plan for at least three months.

(d) Nothing in this section shall limit the ability of the department of revenue to revoke or suspend a license, or to take any other disciplinary action against a driver, on any other grounds.

(e) The department of revenue, or any person acting on the department's behalf, shall not be liable for any actions taken to suspend the obligor's driver's license pursuant to this section.

(6) (a) The state board of human services shall promulgate rules and regulations, pursuant to article 4 of title 24, C.R.S., as are necessary to implement this section.

(b) The department of revenue is authorized to promulgate rules and regulations, pursuant to article 4 of title 24, C.R.S., as may be necessary to implement this section.

(7) (Deleted by amendment, L. 97, p. 1298, § 42, effective July 1, 1997.)
C.R.S. § 26-2-111.3 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-111.3
26-2-111.3. Work supplementation program
Status: repealed

26-2-111.3. Work supplementation program. (Repealed)
C.R.S. § 26-2-706.5 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-706.5
26-2-706.5. Restrictions on length of participation - rules
Status: in_force

26-2-706.5. Restrictions on length of participation - rules. (1) Unless cash assistance is provided through segregated funds pursuant to federal law and section 26-2-714, as of June 3, 1997, each month of cash assistance received by an assistance unit that includes a specified caretaker who has received assistance under Title IV-A of the social security act, as amended, shall count toward that specified caretaker's sixty-month lifetime maximum of TANF benefits as established in federal law.

(2) Any month in which a specified caretaker is determined to be a disqualified or excluded person from a basic cash assistance grant shall count as a month of participation in the calculation of the specified caretaker's overall sixty-month lifetime maximum.

(3) (a) The county department shall, where available and applicable, provide for or refer a disqualified or excluded person to other appropriate services, including services that may assist the person toward self-sufficiency.

(b) Nothing in this subsection (3) shall be construed to create any entitlement for services or to require any county to expend resources in addition to existing appropriations.

(4) No later than July 1, 2023, the state board shall promulgate rules:

(a) Establishing statewide standards and procedures that require counties to offer extensions beyond the sixty-month lifetime maximum for all households that demonstrate good cause, which includes, but is not limited to, an applicant or participant who is:

(I) A child-only case;

(II) The head of a single parent household unit and has a child under one year of age; or

(III) Experiencing hardship, as defined in rules promulgated by the state board; and

(b) To address how the state will monitor extensions in relation to requirements under the federal law.
C.R.S. § 26-13.5-103 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-103
26-13.5-103. Notice of financial responsibility issued - contents
Status: in_force

26-13.5-103. Notice of financial responsibility issued - contents. (1) The delegate child support enforcement unit shall issue a notice of financial responsibility to the APA-respondent who is the obligee or an obligor who owes a child support debt or who is responsible for the support of a child or to the custodian of a child who is receiving support enforcement services from the delegate child support enforcement unit pursuant to article 13 of this title 26. If the obligor has applied for child support services, the notice must be served on the obligee. The notice must advise the APA-respondent:

(a) That the APA-respondent is required to appear on the date and at the time and location stated in the notice for a negotiation conference, or, if the negotiation conference is continued, the date and time of the currently scheduled negotiation conference to establish a child support obligation;

(a.3) That, if the APA-petitioner fails to appear for the currently scheduled negotiation conference, the delegate child support enforcement unit may proceed to establish an APA order or take such other action as appropriate under the law;

(a.5) That a party may contest paternity and obtain genetic testing if paternity of the child has not already been established by court or administrative order or determined pursuant to the laws of another state and a request for genetic tests will not prejudice a party in matters concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5), and that, if genetic tests are not obtained prior to the legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date;

(b) That the delegate child support enforcement unit shall issue an order of default setting forth the child support obligations if the APA-respondent:

(I) Fails to appear for the negotiation conference as scheduled in the notice; and

(II) Fails to reschedule a negotiation conference prior to the date and time of the currently scheduled negotiation conference; and

(III) Fails to send the delegate child support enforcement unit a written request for a court hearing prior to the currently scheduled negotiation conference;

(b.5) That, if the notice is issued for the purpose of establishing the paternity of and financial responsibility for a child, the delegate child support enforcement unit shall issue an order of default establishing paternity and setting forth the amount of the obligor's duty of support, 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 fails to appear for the currently scheduled negotiation conference; 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 currently scheduled negotiation conference;

(c) (Deleted by amendment, L. 92, p. 213, § 17, effective August 1, 1992.)

(d) That the order of default shall be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued; that, as soon as the order of default is filed, it shall have 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; and that 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;

(e) That a judgment may be entered on the order of financial responsibility issued pursuant to this article, and that if a judgment is not entered on the order of financial responsibility and needs to be enforced, 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 and that, notwithstanding the provisions of this paragraph (e), no court order for judgment nor verified entry of judgment shall be required in order for the county and state 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;

(f) The name of the custodian of the child on whose behalf support is being sought and the name and birth date of such child;

(g) That the amount of the monthly support obligation shall be based upon the child support guidelines as set forth in section 14-10-115, C.R.S.;

(h) That, in calculating the amount of monthly support obligation pursuant to the child support guidelines as set forth in section 14-10-115, C.R.S., the delegate child support enforcement unit shall set the monthly support obligation based upon reliable information concerning the parents' income, which may include wage statements or other wage information obtained from the department of labor and employment, tax records, and verified statements and other information provided by the parents and that, in the absence of any such information, the delegate child support enforcement unit may set the monthly support obligation based on the current minimum wage for a forty-hour workweek;

(i) That the delegate child support enforcement unit may issue an administrative subpoena to obtain income information;

(i.5) That the court or delegate child support enforcement unit may enter an order directing the obligor to pay for support of the child, in an amount as may be determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period prior to the entry of an order establishing paternity or for a time period prior to the entry of the support order established pursuant to section 19-6-104, C.R.S.;

(j) The amount of the child support debt accrued and accruing;

(k) The amount of arrears or arrearages which have accrued under an administrative or a court order for support;

(l) That the costs of collection, as defined in section 26-13.5-102 (4), may be assessed against and collected from the APA-respondent;

(m) If applicable, that foster care maintenance may be collected against the obligor;

(n) The interest rate on any support payments which are not made on time;

(o) That the APA-respondent may assert the following objections in the negotiation conference and that, if such objections are not resolved, the delegate child support enforcement unit shall schedule a court hearing pursuant to section 26-13.5-105 (3):

(I) That neither the APA-petitioner nor the APA-respondent is the parent of the dependent child; except that, if parentage has been previously determined by or pursuant to the law of another state, the APA-petitioner and APA-respondent are advised that any challenge to the determination of parentage must be resolved in the state where the determination of parentage was made;

(II) That the dependent child has been adopted by a person other than the APA-respondent;

(III) That the dependent child is emancipated; or

(IV) That there is an existing court or administrative order of support as to the monthly support obligation;

(p) That the duty to provide medical support shall be established under this article in accordance with section 14-10-115, C.R.S.;

(q) That an administrative order issued pursuant to this article may also be modified under this article;

(r) That the APA-petitioner and APA-respondent are responsible for notifying the delegate child support enforcement unit of any change of address or employment within ten days of such change;

(r.5) That the APA-respondent may opt out of the administrative process action and have all issues decided by a court by delivering to the delegate child support enforcement unit prior to the date and time of the currently scheduled negotiation conference a written request for a court hearing;

(s) That, if the APA-petitioner or APA-respondent has any questions, the APA-petitioner or APA-respondent should telephone, e-mail, or visit the delegate child support enforcement unit;

(t) That the APA-petitioner or APA-respondent has the right to consult an attorney or licensed legal paraprofessional and the right to be represented by an attorney or licensed legal paraprofessional at the negotiation conference; and

(u) Such other information as set forth in rules and regulations promulgated pursuant to section 26-13.5-113.
C.R.S. § 26-2-202 — CO Code / Title 26 / Article 2 / Part 2 / Section 26-2-202
26-2-202. Legislative declaration
Status: in_force

26-2-202. Legislative declaration. (1) It is the intent of this part 2 to implement a state supplementation program pursuant to Title XVI of the social security act. It is the object and purpose of this part 2 to promote the public health and welfare of individuals who are residents of Colorado and whose need results from age, blindness, or disability with assistance and services to assist such individuals to attain or retain their capabilities for independence, self-care, and self-support.

(2) The state supplementation shall be accomplished by providing mandatory assistance, as defined in this part 2, where required and by providing optional supplementation in accordance with Title XVI of the social security act and regulations adopted by the state board, within available appropriations. Title XVI of the social security act currently permits, in the determination of eligibility for benefits under that title, the disregard of certain payments which a Title XVI recipient receives from a state or a political subdivision of a state. Those persons receiving benefits under Title XVI of the social security act who also meet the eligibility requirements fixed under part 1 of this article may receive a state supplement to their Title XVI benefits in the form of benefits provided under such part 1.
C.R.S. § 26-2-103 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-103
26-2-103. Definitions
Status: repealed

26-2-103. Definitions. As used in this article 2 and article 1 of this title 26, unless the context otherwise requires:

(1) "Activities of daily living" means the basic self-care activities, including eating, bathing, dressing, transferring from bed to chair, bowel and bladder control, and independent ambulation.

(1.3) "Applicant" means any individual or family who individually or through a designated representative or someone acting responsibly for the individual or family has applied for benefits under the programs of public assistance administered or supervised by the state department pursuant to this article 2.

(1.5) Repealed.

(2) "Assistance payments" means financial assistance (other than medical assistance covered by the "Colorado Medical Assistance Act") provided pursuant to rules and regulations adopted by the state department and includes pensions, grants, and other money payments to or on behalf of recipients.

(3) "Blind" means any individual who has not more than ten percent visual acuity in the better eye with correction, or not more than 20/200 central visual acuity in the better eye with correction, or a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.

(4) "Dependent child" means:

(a) A needy child under the age of eighteen who has been deprived of parental support or care by reason of the death, the continued absence from the home, the physical or mental incapacity, or the unemployment of a parent, as determined under standards prescribed by the state department through rules and regulations, and who is living with a person related to such child within the fifth degree in a place of residence maintained by one or more of such relatives as his, her, or their own home, and whose relatives or other person liable under the law for the child's support are not able to provide adequate care and support of such child without assistance payments under a program for aid to families with dependent children; or

(b) A needy child who would meet the requirements of paragraph (a) of this subsection (4) except for his removal from a home of a relative specified in said paragraph (a) by a judicial determination that continued residence in such home would be contrary to the best interests of such child, when all of the following conditions are present:

(I) The placement and care of such child are the responsibility of the state department or a county department;

(II) Such child has been placed in a foster care home or child care institution as a result of such judicial determination;

(III) Assistance payments for such child were received under this article in or for the month in which court proceedings leading to such determination were initiated, or such payments would have been received for such month if application had been made therefor, or, in the case of a child who had been living with a relative specified in paragraph (a) of this subsection (4) within six months prior to the month in which such proceedings were initiated, such payments would have been received in or for such month if in such month he had been living with and removed from the home of such relative and application had been made therefor; or

(c) A person otherwise meeting the requirements of paragraph (a) of this subsection (4) who is under the age of nineteen years and a full-time student in regular attendance at a secondary school or enrolled in an equivalent level of vocational or technical training designed to train him for gainful employment and who is reasonably expected to complete the program of such secondary school or such technical or vocational training before reaching the age of nineteen.

(5) "Essential person" means a person who resides with a recipient of assistance payments under a program for aid to the blind or aid to the needy disabled and, pursuant to rules and regulations adopted by the state department, is determined to be rendering a service to the recipient which, if the recipient were living alone, would have to be provided for him.

(5.3) "Instrumental activities of daily living" means home management and independent living activities such as cooking, cleaning, using a telephone, shopping, doing laundry, providing transportation, and managing money.

(5.5) (Deleted by amendment, L. 97, p. 1230, § 14, effective July 1, 1997.)

(5.7) "Legal immigrant" means an individual who is not a citizen or national of the United States and who was lawfully admitted to the United States by the immigration and naturalization service, or any successor agency, as an actual or prospective permanent resident or whose extended physical presence in the United States is known to and allowed by the immigration and naturalization service, or any successor agency.

(6) (Deleted by amendment, L. 2006, p. 1504, § 47, effective June 1, 2006.)

(7) "Public assistance" means assistance payments, food stamps, and social services provided to or on behalf of eligible recipients through programs administered or supervised by the state department, either in cooperation with the federal government or independently without federal aid, pursuant to this article 2. Public assistance includes programs for old age pensions, except for the old age pension health and medical care program, and also includes the Colorado works program, aid to the needy disabled, aid to the blind, child welfare services, food stamps supplementation to households not receiving public assistance found eligible for food stamps under rules adopted by the state board, expenses of treatment to prevent blindness or restore eyesight as defined in section 26-2-121, and funeral and final disposition expenses as described in section 26-2-129.

(7.5) "Qualified alien" shall have the meaning ascribed to that term in section 431 (b) of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104-193, as amended.

(8) "Recipient" means any individual or family who is receiving or has received benefits from the programs of public assistance administered or supervised by the state department pursuant to the provisions of this article.

(9) "Resident" means any individual who is living, other than temporarily, within the state of Colorado, or a particular county therein, voluntarily and with the intention of making his home there. "Resident" includes any unemancipated child whose parents, or other person entitled to custody, live within such state or county. Temporary absences from such state or county shall not cause an individual to lose his status as a resident if he has an intent to return and has not abandoned his residence.

(10) "Social security act" means the federal "Social Security Act" and amendments thereto.

(11) (a) "Social services" means services and payments for services available, directly or indirectly, through the staff of the state department of human services and county departments of human or social services or through state designated agencies, where applicable, for the benefit of eligible persons. The services are provided pursuant to rules adopted by the state board. "Social services" may include day care, homemaker services, foster care, and other services to individuals or families for the purpose of attaining or retaining capabilities for maximum self-care, self-support, and personal independence and services to families or members of families for the purpose of preserving, rehabilitating, reuniting, or strengthening the family. At such time as Title XX of the social security act becomes effective with respect to federal reimbursements, "social services" may include child care services, protective services for children and adults, services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services, and appropriate combinations of services designed to meet the special needs of children, persons who are elderly, persons with intellectual and developmental disabilities, persons who are blind, persons with behavioral or mental health disorders, persons with a physical disability, and persons with substance use disorders.

(b) [Editor's note: This version of subsection (11)(b) is effective until July 1, 2025.] "Social services" does not include medicaid services unless those services are delegated to the state department. "Social services" does not include medical services covered by the old age pension health and medical care program, the children's basic health plan, or the Colorado indigent care program. "Social services" does not include child care assistance provided through the Colorado child care assistance program pursuant to part 1 of article 4 of title 26.5.

(b) [Editor's note: This version of subsection (11)(b) is effective July 1, 2025.] "Social services" does not include medicaid services unless those services are delegated to the state department. "Social services" does not include medical services covered by the old age pension health and medical care program, or the children's basic health plan. "Social services" does not include child care assistance provided through the Colorado child care assistance program pursuant to part 1 of article 4 of title 26.5.

(12) and (13) Repealed.

(14) (a) "Total disability", for the purpose of providing public assistance to persons not receiving federal financial benefits pursuant to Title XVI of the social security act, means a physical or mental impairment which is disabling and which, because of other factors such as age, training, experience, and social setting, substantially precludes the person having such disability from engaging in a useful occupation as a homemaker or as a wage earner in any employment which exists in the community for which he has competence.

(b) For the purpose of the state-funded supplement to persons receiving federal financial benefits pursuant to Title XVI of the social security act, federal definitions promulgated pursuant to the said Title XVI shall apply.
C.R.S. § 26-7-110 — CO Code / Title 26 / Article 7 / Section 26-7-110
26-7-110. Appeals
Status: in_force

26-7-110. Appeals. (1) In any decision made pursuant to this article 7, the adoptive parents have the right to appeal to the state department, with a hearing before a state department administrative law judge in accordance with the "State Administrative Procedure Act", article 4 of title 24.

(2) The following situations are subject to appeal:

(a) A determination of a child's or youth's eligibility for benefits pursuant to section 26-7-105;

(b) Any determination, redetermination, or reduction of benefits pursuant to this article 7;

(c) Termination of the agreement entered into pursuant to section 26-7-107; or

(d) The failure of the state department, county department, or nonprofit child placement agency to notify the adoptive family of an eligible child or youth about the availability of benefits pursuant to this article 7.
C.R.S. § 26-2-102 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-102
26-2-102. Legislative declaration
Status: in_force

26-2-102. Legislative declaration. It is the purpose of this article to promote the public health and welfare of the people of Colorado by providing, in cooperation with the federal government or independently, public assistance for needy individuals and families who are residents of the state and whose income and property are insufficient to meet the costs of necessary maintenance and services as determined by the state department and to assist such individuals and families to attain or retain their capabilities for independence, self-care, and self-support, as contemplated by article XXIV of the state constitution and the provisions of the social security act and the food stamp act. The state of Colorado and its various departments, agencies, and political subdivisions are authorized to promote and achieve these ends by any appropriate lawful means through cooperation with and utilization of available resources of the federal government and private individuals and organizations.
C.R.S. § 26-1-114 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-114
26-1-114. Records confidential - authorization to obtain records of assets - release of lo
Status: repealed

26-1-114. Records confidential - authorization to obtain records of assets - release of location information to law enforcement agencies - outstanding felony arrest warrants. (1) The state department of human services may establish reasonable rules to provide safeguards restricting the use or disclosure of information concerning applicants, recipients, and former and potential recipients of federally aided public assistance and welfare, including but not limited to assistance payments, food stamps, social services, and child welfare services, to purposes directly connected with the administration of such public assistance and welfare and related state department activities and covering the custody, use, and preservation of the records, papers, files, and communications of the state and county departments. Whenever, under provisions of law, names and addresses of applicants for, recipients of, or former and potential recipients of public assistance and welfare are furnished to or held by another agency, department of government, or an auditor conducting a financial or performance audit of a county department of human or social services pursuant to section 26-1-114.5, the agency, department, or auditor is required to prevent the publication of lists and their uses for purposes not directly connected with the administration of public assistance and welfare.

(2) Repealed.

(3) (a) (I) Except as provided in subparagraphs (II) and (III) of this paragraph (a), or except as disclosure is otherwise required by statute or by rule of civil procedure for child support establishment or enforcement purposes, it is unlawful for any person to solicit, disclose, or make use of or to authorize, knowingly permit, participate in, or acquiesce in the use of any lists or names of or any information concerning persons applying for or receiving public assistance and welfare directly or indirectly derived from the records, papers, files, or communications of the state or county departments or subdivisions or agencies thereof or acquired in the course of the performance of official duties. No financial institution or insurance company that provides the data, whether confidential or not, required by the state department, in accordance with the provisions of this subsection (3), shall be liable for the provision of the data to the state department nor for any use made thereof by the state department.

(II) The information described in subparagraph (I) of this paragraph (a) may be disclosed for purposes directly connected with the administration of public assistance and welfare and in accordance with this paragraph (a) and paragraphs (b) and (c) of this subsection (3) and with the rules and regulations of the state department.

(III) (A) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the state department shall provide the bureau with information concerning the location of any person whose name appears in the department's records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the state department. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The state department and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the state department nor its employees or agents shall be liable in civil action for providing information in accordance with the provisions of this sub-subparagraph (A).

(B) As used in sub-subparagraph (A) of this subparagraph (III), "law enforcement agency" means any agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to any police department, sheriff's department, district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation.

(b) By signing an application or redetermination of eligibility form for assistance or welfare, an applicant authorizes the state department to obtain records pertaining to information provided in that application or redetermination of eligibility form from a financial institution, as defined in section 15-15-201 (4), C.R.S., or from any insurance company. The application or redetermination of eligibility form shall contain language clearly indicating that signing constitutes such an authorization.

(c) (I) In order to determine if applicants for or recipients of public assistance have assets within eligibility limits, the state department of human services may provide a list of information identifying these applicants or recipients to any financial institution, as defined in section 15-15-201 (4), C.R.S., or to any insurance company. This information may include identification numbers or social security numbers. The state department of human services may require any such financial institution or insurance company to provide a written statement disclosing any assets held on behalf of individuals adequately identified on the list provided. Before a termination notice is sent to the recipient, the county department in verifying the accuracy of the information obtained as a result of the match shall contact the recipient and inform him or her of the apparent results of the computer match and give the recipient the opportunity to explain or correct any erroneous information secured by the match. The requirement to run a computerized match shall apply only to information that is entered in the financial institution's or insurance company's data processing system on the date the match is run and shall not be deemed to require any such institution or company to change its data or make new entries for the purpose of comparing identifying information. The cost of providing such computerized match shall be borne by the appropriate state department. The state department of human services shall not use the provisions of this subparagraph (I) for the information-gathering purposes of the financial institution data match system required by section 26-13-128.

(II) For the fiscal year beginning July 1, 1984, and thereafter, all funds expended by the state department to pay the cost of providing such computerized matches shall be subject to an annual appropriation by the general assembly.

(III) The state department of human services may expend funds appropriated pursuant to subparagraph (II) of this paragraph (c) in an amount not to exceed the amount of annualized general fund savings that result from the termination of recipients from public assistance specifically due to disclosure of assets pursuant to this subsection (3).

(IV) The state department of human services shall make quarterly reports concerning the value of computerized matches pursuant to this paragraph (c) to the general assembly and the joint budget committee. Such reports shall include, but need not be limited to, the number of individuals against whom computer matches were run, the number of resulting matches, and the resulting public assistance case load reduction and corresponding savings to the state department.

(d) No applicant shall be denied nor any recipient discontinued due to the disclosure of their assets unless and until the county department has assured that such assets taken together with other assets exceed the limit for eligibility of countable assets. Any information concerning assets found may be used to determine if such applicant's or recipient's eligibility for other public assistance is affected.

(4) The applicant for or recipient of public assistance and welfare, or his representative, shall have an opportunity to examine all applications and pertinent records concerning said applicant or recipient which constitute a basis for denial, modification, or termination of such public assistance and welfare or to examine such records in case of a fair hearing.

(5) Any person who violates subsection (1) or (3) of this section commits a petty offense.
C.R.S. § 26-12-205 — CO Code / Title 26 / Article 12 / Part 2 / Section 26-12-205
26-12-205. Homelake military veterans cemetery - definitions - fund - rules
Status: repealed

26-12-205. Homelake military veterans cemetery - definitions - fund - rules. (1) As used in this section, unless the context otherwise requires:

(a) "Cemetery" means the Homelake military veterans cemetery established and maintained at the veterans center pursuant to subsection (2) of this section, including:

(I) The two triangular areas that are adjacent to, and to the northeast and northwest of, the circular cemetery proper; and

(II) The triangular area of land to the direct north of the existing cemetery as of May 3, 2012.

(b) "Fund" means the Homelake military veterans cemetery fund created pursuant to subsection (4) of this section.

(2) (a) The general assembly hereby authorizes the establishment and maintenance of the cemetery at the veterans center. The state department shall maintain the cemetery.

(b) The state department may enter into contracts or agreements with any person or public or private entity to prepare, develop, construct, operate, and maintain the cemetery.

(3) (a) Any veteran who served honorably in any branch of the armed forces of the United States and who, at the time of his or her death, was a resident of this state shall be eligible for burial and interment at the cemetery.

(b) Burial and interment may be provided at the cemetery for any spouse, surviving spouse, or dependent parent of an honorably discharged veteran or discharged LGBT veteran, as defined in section 28-5-100.3, of any branch of the armed forces of the United States.

(c) All necessary expenses incident to the burial and interment at the cemetery of any person who may be buried and interred at the cemetery pursuant to the provisions of this section shall be paid from the estate of the decedent.

(d) The state department shall adopt procedures whereby persons who are eligible for burial and interment in the cemetery, in exchange for monetary consideration in an amount to be determined by the state department but not to exceed the amount of the burial and memorial benefit provided to an eligible veteran by the federal department of veterans affairs, may reserve plots there for the burial and interment of themselves and their spouses. In adopting such procedures, the state department shall ensure that a person who possesses such a reservation on May 3, 2012, shall retain his or her reservation.

(4) (a) There is hereby established in the state treasury the Homelake military veterans cemetery fund. The fund shall consist of moneys transferred to the fund pursuant to paragraph (b) of this subsection (4), any revenue generated from activities associated with the cemetery and its operations, and any moneys appropriated to the fund by the general assembly. The moneys in the fund are subject to annual appropriation by the general assembly to the state department for the direct and indirect costs associated with capital improvements to, and the operation and maintenance of, the cemetery and for the implementation of this section. Any moneys in the fund not expended for the purpose of the section may be invested by the state treasurer as provided in section 24-36-113, C.R.S. Any interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund.

(b) (I) The state department is authorized to accept gifts, grants, and donations for the purposes of this section; except that the state department shall not accept a gift, grant, or donation that is subject to conditions that are inconsistent with the provisions of this section or any other law of the state. The state department shall transfer all private and public moneys received through gifts, grants, and donations to the state treasurer, who shall credit the same to the fund.

(II) To the extent permitted by subparagraph (I) of this paragraph (b), a person who contributes a gift, grant, or donation to the fund may designate a specific purpose for which the gift, grant, or donation is to be used. The state department shall not unreasonably delay a project that is sufficiently funded by gifts, grants, or donations.

(c) The state department shall not expend more than five percent of the moneys annually expended from the fund to pay for the administrative costs of implementing this section.

(d) Repealed.

(5) The general assembly hereby finds, determines, and declares that any use of the cemetery property is for a public purpose expressly authorized by the general assembly and therefore permissible under any grant of right-of-way applicable to such property executed by the state board of land commissioners.

(6) Subject to available appropriations, the state department may contract for professional services necessary for the implementation of this section.

(7) It is the intent of the general assembly that the state department will implement the provisions of this section by assigning to the cemetery one-half of a full-time employee from within the existing personnel resources of the state department.

(8) (a) On or before January 1, 2014, the state department shall establish a phased plan for expansion of the cemetery. The state department shall identify phases in a manner that is aesthetically appropriate, cost-effective, and capable of incremental implementation as funding becomes available; except that the first phase shall consist of the portion of the project described in paragraph (b) of this subsection (8). The expansion project shall include work sufficient to meet the demand for unreserved burial plots in the cemetery and to allow the state department to conduct interments at the rate of fifteen interments per year. To the extent practicable, in implementing the expansion plan, the state department shall make use of work completed by third parties pursuant to paragraph (b) of subsection (2) of this section and coordinate with such parties to ensure that work completed for the expansion project meets the standards and specifications of the phased plan.

(b) On or before July 1, 2014, the state department shall complete the expansion of the cemetery and make available for eligible veterans of the United States armed forces and their spouses new cemetery plots in the two triangular areas that are adjacent to, and to the northeast and northwest of, the circular cemetery proper.

(c) Repealed.
C.R.S. § 26-1-126 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-126
26-1-126. County contingency fund - county tax base relief fund - creation
Status: repealed

26-1-126. County contingency fund - county tax base relief fund - creation.

(1) Repealed.

(1.5) There is hereby created the county tax base relief fund, which shall be expended to supplement county expenditures for public assistance, as provided in this section.

(2) Subject to available appropriations, the state department of human services or the state department of health care policy and financing shall make an advancement, in addition to that provided in section 26-1-122, out of the county tax base relief fund to any county that is eligible for a non-zero amount calculated by using the formula described in subsections (3) and (4) of this section.

(2.1) (a) (Deleted by amendment, L. 2008, p. 1809, § 2, effective June 2, 2008.)

(b) For the fiscal year beginning July 1, 2008, and for each fiscal year thereafter, a county's qualification for an advancement from the county tax base relief fund during the fiscal year shall be based upon a three-tiered system whereby a county may qualify for a distribution of moneys from one or more tiers. For any fiscal year in which appropriations to the county tax base relief fund are insufficient to provide advancements from each tier as described in subsections (3) and (4) of this section:

(I) Any moneys appropriated to the county tax base relief fund shall first be used to provide advancements from tier 1;

(II) If sufficient moneys are appropriated to provide all advancements from tier 1, the remaining moneys shall be used to provide advancements from tier 2; and

(III) If sufficient moneys are appropriated to provide all advancements from tier 1 and tier 2, the remaining moneys shall be used to provide advancements from tier 3.

(3) Subject to available appropriations, the amount of the additional advancement for each county for each month commencing on or after July 1, 2008, shall be the total of amounts calculated for each of the three tiers from which the county qualifies to receive a distribution of moneys pursuant to section 26-1-126 (2.1)(b), as follows:

(a) A distribution of moneys from tier 1 shall be calculated as seventy-five percent of the remainder of the equation X minus Y, where:

(I) X equals the sum of the monthly amount of the county's obligations pursuant to section 26-1-122 and the county share of the monthly amount expended for administrative costs of medical assistance pursuant to section 25.5-1-122, C.R.S., and section 26-1-122; and

(II) Y equals the amount of moneys that would be raised by a levy of 3.0 mills on the property valued for assessment in the county, divided by twelve.

(b) For a county not receiving a distribution of moneys from tier 1, the distribution from tier 2 shall be calculated as fifty percent of the remainder of the equation X minus Y, where:

(I) X equals the sum of the monthly amount of the county's obligations pursuant to section 26-1-122 and the county share of the monthly amount expended for administrative costs of medical assistance pursuant to section 25.5-1-122, C.R.S., and section 26-1-122; and

(II) Y equals the amount of moneys that would be raised by a levy of 2.5 mills on the property valued for assessment in the county, divided by twelve.

(c) For a county that receives a distribution of moneys from tier 1, the distribution from tier 2 shall be calculated as fifty percent of the remainder of the equation X minus Y, where:

(I) X equals the amount of moneys that would be raised by a levy of 3.0 mills on the property valued for assessment in the county, divided by twelve; and

(II) Y equals the amount of moneys that would be raised by a levy of 2.5 mills on the property valued for assessment in the county, divided by twelve.

(d) For a county not receiving a distribution of moneys from tier 2, the distribution from tier 3 shall be calculated as twenty-five percent of the remainder of the equation X minus Y, where:

(I) X equals the sum of the monthly amount of the county's obligations pursuant to section 26-1-122 and the county share of the monthly amount expended for administrative costs of medical assistance pursuant to section 25.5-1-122, C.R.S., and section 26-1-122; and

(II) Y equals the amount of moneys that would be raised by a levy of 2.0 mills on the property valued for assessment in the county, divided by twelve.

(e) For a county that receives a distribution of moneys from tier 2, the distribution from tier 3 shall be calculated as twenty-five percent of the remainder of the equation X minus Y, where:

(I) X equals the amount of moneys that would be raised by a levy of 2.5 mills on the property valued for assessment in the county, divided by twelve; and

(II) Y equals the amount of moneys that would be raised by a levy of 2.0 mills on the property valued for assessment in the county, divided by twelve.

(4) (a) (I) Except as provided in paragraph (b) of subsection (2.1) of this section, in the event appropriations are insufficient to cover advancements from one or more tiers as provided for in this section, the advancements from a tier from which appropriations are insufficient to cover all advancements from that tier shall be advanced to each county that is eligible to receive an advancement from that tier in an equitable manner, such that each such county shall have the same proportion of the county's obligations paid through the combination of its property tax revenue available and its advancement from the county tax base relief fund.

(II) As used in subparagraph (I) of this paragraph (a):

(A) "County's obligations" means a county department's 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, as described in section 26-1-122; and the county share of the administrative costs of medical assistance in the county, as described in section 25.5-1-122, C.R.S.

(B) "Property tax revenue available" means the amount of moneys that would be raised by a levy of 3.0 mills on the property valued for assessment in the county if moneys are insufficient to cover advancements from tier 1, the amount of moneys that would be raised by a levy of 2.5 mills on the property valued for assessment in the county if moneys are insufficient to cover advancements from tier 2, or the amount of moneys that would be raised by a levy of 2.0 mills on the property valued for assessment in the county if moneys are insufficient to cover advancements from tier 3.

(b) (I) The executive director of the department may, on or after May 1 of any fiscal year and before the forty-fifth day after the close of the fiscal year:

(A) Transfer unexpended general fund moneys in the county tax base relief fund line item of the general appropriation act to offset general fund over-expenditures in the county administration line in the general appropriation act; and

(B) Transfer unexpended general fund moneys in the county administration line in the general appropriation act to offset general fund over-expenditures in the county tax base relief fund line item of the general appropriation act.

(II) The transfers authorized by subparagraph (I) of this paragraph (b) shall be in addition to any other transfers within the department that are authorized by law or that are authorized in the general appropriation act and are required to implement appropriations conditioned on the distribution or transfer of the appropriated amounts.

(III) The total amount of moneys transferred pursuant to subparagraph (I) of this paragraph (b) shall not exceed one million dollars for any fiscal year.

(5) Each county eligible for county tax base relief fund moneys pursuant to this section shall only be responsible for an amount equal to the county's pro rata share of the general assembly's appropriation to the county tax base relief fund. If state and county appropriations are insufficient to meet the administrative and program costs of public assistance and the administrative costs of medical assistance and food stamps, then the executive director of the department of human services, the executive director of the department of health care policy and financing, and the state board of human services shall act pursuant to sections 26-1-121 (1)(c) and 26-1-122 (5) to reduce the rate of expenditure so that it matches the available funds.

(6) Repealed.
C.R.S. § 26-3.1-103.3 — CO Code / Title 26 / Article 3.1 / Part 1 / Section 26-3.1-103.3
26-3.1-103.3. Alternative response pilot program for the provision of protective services for
Status: repealed

26-3.1-103.3. Alternative response pilot program for the provision of protective services for at-risk adults - creation - report - rules - repeal. (1) On or after January 1, 2022, the alternative response pilot program for the provision of protective services for at-risk adults, referred to in this section as the "pilot", is created in the state department. The pilot allows a county department that is participating in the pilot, pursuant to this section and rules promulgated by the state department, to address, through a separate process from that set forth in section 26-3.1-103, any report, related to an at-risk adult, of mistreatment or self-neglect that was initially assessed by the county department to be low risk, as defined by rule.

(2) The state department shall select a maximum of fifteen county departments to participate in the pilot. The state department is strongly encouraged to include county departments from throughout the state, including a diverse mix of urban, suburban, frontier, and rural.

(3) (a) If a participating county department receives a report, related to an at-risk adult, of mistreatment or self-neglect, that was initially assessed by the county department to be low risk, as defined by rule of the state department, the participating county will not make a finding concerning the alleged mistreatment or self-neglect of the at-risk adult, nor is it required to complete unannounced initial in-person interviews.

(b) If, upon further investigation, the participating county department determines that the risk level to the at-risk adult is, in fact, more than low risk, or when the participating county department cannot fully assess, through the pilot process, the health, safety, and welfare of the at-risk adult or other at-risk adults, the participating county department shall follow the procedures set forth in section 26-3.1-103.

(4) The state department shall provide initial training and ongoing technical assistance to the participating county departments upon implementation of the pilot. The state department shall administer the pilot in accordance with the requirements of this section and any rules promulgated pursuant to this section.

(5) The state department shall promulgate rules for the implementation of this section. The rules must include, at a minimum, a description of the risk levels and the parameters around unannounced in-person interviews.

(6) The state department is authorized to seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

(7) (a) The state department shall contract with a third-party evaluator to evaluate the pilot's success or failure, including a consideration of the pilot's effectiveness in achieving outcomes over a two-year period.

(b) As necessary to conduct the evaluation and complete the reports required pursuant to this subsection (7), each participating county department shall submit to the state department a report concerning the participating county department's administration and utilization of the pilot. The report must include relevant data from the participating county as required by the state department to evaluate the pilot and to prepare its report to the general assembly pursuant to subsection (7)(c) of this section.

(c) In January 2025 and January 2026, the state department shall report on the implementation and effect of the pilot 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, as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203. The report must include, at a minimum:

(I) A description of any specific problems that the state department or any participating county department encountered during the administration of the pilot, along with recommendations that the state department has for legislation to address such problems; and

(II) A recommendation by the state department regarding whether the general assembly should repeal the pilot, continue the pilot for a specified time period, or establish the pilot statewide on a permanent basis.

(8) This section is repealed, effective July 1, 2027.
C.R.S. § 26-1-309 — CO Code / Title 26 / Article 1 / Part 3 / Section 26-1-309
26-1-309. Trust fund
Status: in_force

26-1-309. Trust fund. (1) There is hereby created in the state treasury the Colorado brain injury trust fund. The trust fund consists of any money collected from surcharges assessed pursuant to sections 30-15-402 (3), 42-4-1307 (10)(c), and 42-4-1701 (4)(e); gifts, grants, or donations; and any other money that the general assembly may appropriate or transfer to the trust fund. Subject to annual appropriation by the general assembly, the board may expend money in the trust fund for the direct and indirect costs associated with the implementation of this part 3.

(2) The board may seek, accept, and expend gifts, grants, or donations, from private or public sources for purposes of this part 3. The board shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the trust fund.

(3) The trust fund is a continuing trust fund. All interest earned upon money in the trust fund and deposited or invested may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the trust fund to the trust fund.

(4) The trust fund revenue and its reserves shall be used solely for the purposes and in the manner described in sections 26-1-304 to 26-1-307.

(5) All unexpended and unencumbered moneys remaining in the trust fund shall remain in the trust fund.
C.R.S. § 26-2-138 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-138
26-2-138. Refugee services program - state plan - rules - definitions - repeal
Status: repealed

26-2-138. Refugee services program - state plan - rules - definitions - repeal. (Repealed)
C.R.S. § 26-7.5-104.5 — CO Code / Title 26 / Article 7.5 / Section 26-7.5-104.5
26-7.5-104.5. Domestic violence and sexual assault coalitions - contracts - duties - coalition
Status: in_force

26-7.5-104.5. Domestic violence and sexual assault coalitions - contracts - duties - coalition agreements with programs. (1) The state department may enter into a contract or agreement with a state or tribal domestic violence or sexual assault coalition, referred to in this section as a "coalition", for program services and other services described in this section.

(2) A coalition that enters into a contract or agreement with the state department shall, at a minimum, provide training and technical assistance for domestic violence, sexual assault, or culturally specific programs and other nongovernmental and governmental service providers.

(3) A coalition that enters into a contract or agreement with the state department may:

(a) Participate in systems advocacy, including but not limited to representing the needs of domestic violence, sexual assault, or culturally specific programs and victims of domestic violence or sexual assault on state boards, committees, task forces, and workgroups;

(b) Develop and implement policies to improve the response to and prevention of domestic violence or sexual assault; and

(c) Conduct statewide community outreach and public education related to domestic violence or sexual assault.

(4) A coalition may subcontract with a nongovernmental agency or federally recognized Indian tribe that operates a community domestic violence, sexual assault, or culturally specific program to provide program services.
C.R.S. § 26-2-1005 — CO Code / Title 26 / Article 2 / Part 10 / Section 26-2-1005
26-2-1005. Eligibility for participation in the individual development account program
Status: repealed

26-2-1005. Eligibility for participation in the individual development account program. (1) Sponsoring organizations that elect to participate in the program shall recruit individuals or households to participate in the IDA program and shall determine the eligibility of prospective participants based upon the criteria set forth in this subsection (1). All individuals within one family or a single individual shall be eligible to be selected for participation in the IDA program if the individual or household meets the following requirements:

(a) The individual's or household's income may not exceed two hundred percent of the federal poverty line when applied to the savings goals of postsecondary education or business capitalization. The individual's or household's income may not exceed eighty percent of the area median income when applied to the savings goal of home ownership.

(b) An individual within a household has entered into an individual development account agreement with a sponsoring organization.

(c) An individual within a household has established an individual development account with a financial institution selected by the sponsoring organization and has made a commitment, as set forth in this section, to save and match philanthropic sources of moneys that are available to match the individual or household contributions to the individual development account. The individual development account shall accrue interest.

(d) The individual or the household may only open one individual development account.

(e) The individual submitting the application is a citizen of the United States and is a legal resident of the state.

(2) All of the following duties shall be undertaken by one or more sponsoring organizations:

(a) To determine the eligibility of individuals or households to participate in the IDA program;

(b) To counsel such individuals and households about the IDA program;

(c) To conduct orientations with individuals or households on the philosophy underlying the IDA program and the general requirements of the program;

(d) To facilitate the opening of individual development accounts with participating financial institutions;

(e) To provide credit counseling, budgeting, and financial management training to the program participants;

(f) To jointly develop specific goals and performance criteria with each program participant;

(g) To set appropriate matching ratios of philanthropic moneys to contributions made by program participants;

(h) Repealed.

(i) To raise contributions for the IDA program.

(3) The program participant may withdraw contributions made by the participant for uses other than those uses authorized under this program one time but, upon the second such action, shall be terminated from the IDA program. A participant who has been terminated from the IDA program may withdraw all moneys that the participant contributed to the account along with any interest accrued on the participant's contribution.

(4) The maximum amount of moneys in an individual development account that may be matched by a charitable donor is ten thousand dollars. The individual may deposit an amount greater than ten thousand dollars, but funds in excess of ten thousand dollars are subject to any applicable state and federal income taxes, and shall not be matched by a charitable donor. Only one account per family may be established in the IDA program; except that every member of the family may utilize the account.

(5) Nothing in this part 10 shall be construed to create an entitlement to matching moneys. The number of individuals who may receive disbursement of matching philanthropic moneys by sponsoring organizations pursuant to the IDA program shall necessarily be limited by the amount of philanthropic moneys available in any given year for such purpose.

(6) and (7) Repealed.
C.R.S. § 26-5.3-104 — CO Code / Title 26 / Article 5.3 / Section 26-5.3-104
26-5.3-104. Emergency assistance for families with children at imminent risk of being placed
Status: in_force

26-5.3-104. Emergency assistance for families with children at imminent risk of being placed out of the home. (1) The executive director of the state department is hereby authorized to include in the state temporary assistance for needy families plan the establishment and implementation of an emergency assistance program for families with children at imminent risk of being placed out of the home. The purpose of the program shall be to meet the needs of the family in crisis due to the imminent risk of out-of-home placement by providing emergency assistance in the form of intake, assessment, counseling, treatment, and other family preservation services that meet the needs of the family which are attributable to the emergency or crisis situation.

(2) Nothing in this article shall prevent the state department from complying with federal requirements for a program of emergency assistance in order for the state of Colorado to qualify for federal funds under the federal "Social Security Act" and to use such federal funds for families with children at imminent risk of immediate out-of-home placement and to reunite children with their families, within the limits of available appropriations.
C.R.S. § 26-2-1002 — CO Code / Title 26 / Article 2 / Part 10 / Section 26-2-1002
26-2-1002. Legislative declaration
Status: in_force

26-2-1002. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a) The unrealized and lost human resource potential of low-income and working-poor individuals of this state results in an overall loss to the potential of the entire state;

(b) It is in the best interests of all Coloradans to structure incentives in a way that will result in a greater likelihood that low-income and working-poor individuals will attain self-sufficiency;

(c) It is in the best interests of all Coloradans to concentrate appropriate assets and investments on low-income and working-poor individuals and in low-income and working-poor neighborhoods and communities in order to allow low-income individuals, neighborhoods, and communities to benefit from the developments achieved through the growth in assets and investments;

(d) Achieving self-sufficiency and assessing economic opportunity for low-income and working-poor individuals can be addressed through public policy that invests in asset accumulation and is supported by private sector philanthropy;

(e) Providing a structured savings situation for low-income and working-poor individuals enhances such individuals' chances of fulfilling major life goals and opportunities and incorporates such individuals into the economic mainstream; and

(f) Such self-sufficiency may, in turn, result in fewer people needing to seek public assistance.

(2) Therefore, the general assembly hereby authorizes the implementation of an individual development account program to provide incentives and motivation for low-income and working-poor individuals and families to develop and concentrate assets and investments for use by such individuals who are striving for self-sufficiency and need a jump-start for economic opportunity.
C.R.S. § 26-11-205.7 — CO Code / Title 26 / Article 11 / Part 2 / Section 26-11-205.7
26-11-205.7. Community long-term care study - older Coloradans study cash fund - strategic pl
Status: in_force

26-11-205.7. Community long-term care study - older Coloradans study cash fund - strategic plan - authority to implement. (1) (a) Subject to the receipt of sufficient moneys pursuant to paragraph (b) of this subsection (1), the state department or, if appropriate, the department of health care policy and financing shall contract for a study of the population eligible for services under the older Coloradans program created pursuant to section 26-11-205.5. The state department and the department of health care policy and financing shall make necessary data available to the contractor. In selecting a contractor to perform the study, the state departments are not required to follow the competitive bidding requirements of the "Procurement Code", articles 101 to 112 of title 24, C.R.S. The study shall include research and analysis of:

(I) The demographic changes that will impact the demand for long-term care services and supports;

(II) The number of persons sixty years of age or older who would benefit from receiving additional services through the older Coloradans program thereby avoiding more expensive care needs;

(III) The types of services and supports needed by persons over sixty years of age to remain in their own residences and communities for as long as possible and any existing or projected needs for those services and supports;

(IV) The overall amount of savings to the state across the continuum of care associated with providing services to older adults in their own homes and communities;

(V) Other states' experiences with long-term care services and supports, including cost savings or cost avoidance; and

(VI) Recommendations for a long-term strategic implementation plan for providing services through the older Coloradans program.

(b) (I) The state department is authorized to seek and accept gifts, grants, or donations from private and 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. The state department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the older Coloradans study cash fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the state department for the direct and indirect costs associated with implementing this section.

(II) Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.

(2) If the study conducted pursuant to subsection (1)(a) of this section concludes that increasing funding for community-based services as provided in the older Coloradans program would result in cost savings, by July 1, 2011, subject to the receipt of sufficient money pursuant to subsection (1)(b) of this section, the state department shall report to the members of the health and human services committees of the senate and house of representatives, or any successor committees, and to the members of the joint budget committee a long-term strategic implementation plan, developed in cooperation with the area agencies on aging designated pursuant to section 26-11-203, that identifies the expected needs for services and recommends potential funding sources.

(3) If the study conducted pursuant to paragraph (a) of subsection (1) of this section concludes that one or more changes would result in cost savings to the state, without adversely affecting the care provided, and the changes are recommended in the strategic implementation plan developed pursuant to subsection (2) of this section, the state department or the department of health care policy and financing shall request, through the state budget process, that the changes be implemented and, if necessary, shall recommend legislation to implement the changes to the health and human services committees of the senate and house of representatives, or any successor committees, or the joint budget committee.

(4) (a) If the strategic implementation plan developed pursuant to subsection (2) of this section identifies additional studies that should be conducted, subject to the receipt of sufficient moneys pursuant to paragraph (b) of subsection (1) of this section, the state department or the department of health care policy and financing shall contract for one or more studies identified in the strategic implementation plan. The state department and the department of health care policy and financing shall make necessary data available to all the contractors. In selecting a contractor to perform any study conducted pursuant to this subsection (4), the state departments are not required to follow the competitive bidding requirements of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.

(b) If one or more studies conducted pursuant to paragraph (a) of this subsection (4) concludes that implementing the changes recommended by the study would result in cost savings to the state, without adversely affecting the care provided, the state department or the department of health care policy and financing shall request, through the state budget process, that the changes be implemented and, if necessary, shall recommend legislation to implement the changes to the health and human services committees of the senate and house of representatives, or any successor committees, or to the joint budget committee of the general assembly.
C.R.S. § 26-1-136.7 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-136.7
26-1-136.7. Opioid treatment for a person in custody - definitions
Status: in_force

26-1-136.7. Opioid treatment for a person in custody - definitions. (1) A state department facility may make available opioid agonists and opioid antagonists to a person committed to or placed within the facility with an opioid use disorder. The facility is strongly encouraged to maintain the treatment of the person throughout the duration of the person's commitment, as medically necessary.

(2) Qualified medication administration personnel may, in accordance with a written physician's order, administer opioid agonists and opioid antagonists pursuant to subsection (1) of this section.

(3) A state department facility may contract with community-based health providers for the implementation of this section.

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

(a) "Opioid agonist" means a full or partial agonist that is approved by the federal food and drug administration for the treatment of an opioid use disorder.

(b) "Opioid antagonist" means naltrexone or any similarly acting drug that is not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.
C.R.S. § 26-2-109 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-109
26-2-109. Right to own certain property
Status: in_force

26-2-109. Right to own certain property. (1) No person otherwise qualified to receive public assistance shall be denied public assistance by reason of the fact that he is the owner of real estate occupied by him as a residence.

(2) No person otherwise qualified shall be denied public assistance by reason of the fact that he is the owner of personal property which is exempt by the laws of Colorado from execution or attachment.

(3) (a) The state department, by its rules and regulations, may establish limitations on the value of real and personal property and other resources, not included in subsections (1) and (2) of this section, which may be available to an applicant or recipient without affecting his eligibility for public assistance.

(b) For public assistance purposes, the value of residential or other real property shall be equal to the actual value of the property, as determined by the county assessor pursuant to article 1 of title 39, C.R.S.
C.R.S. § 26-5-103.7 — CO Code / Title 26 / Article 5 / Section 26-5-103.7
26-5-103.7. Child welfare allocations funding model - evaluation group - report - definition
Status: repealed

26-5-103.7. Child welfare allocations funding model - evaluation group - report - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Evaluation group" means the group established to evaluate the funding model described in subsection (6) of this section.

(b) "Funding model" means the funding model to determine the appropriate level of funding required to fully meet all state and federal requirements concerning the comprehensive delivery of child welfare services that was developed pursuant to section 26-5-103.5 (7) prior to its repeal in 2021, and includes factors that best meet the needs of children, youth, and families in the child welfare system.

(2) (a) Repealed.

(b) On or before July 1, 2024, and on or before July 1 every third year thereafter, the state department shall enter into a three-year agreement with an outside entity to annually modify the funding model, update the data used in the funding model, and deliver the results of the funding model, as described in subsection (8) of this section.

(3) On or before July 1, 2024, and on or before July 1 every third year thereafter, the state department shall enter into an agreement with an outside evaluating entity to conduct a comprehensive evaluation of the implementation of the funding model. The evaluation must ensure that the appropriate modifications were made to the funding model in the preceding three years, including necessary changes related to federal and state law; whether county data was accurately and appropriately updated each year; whether the model was run each year and used for allocations to counties; how the allocations were made to each county; whether counties increased staffing levels as a result of the model's workload metric; and whether the updated workload study described in section 26-5-104 (6.1)(b) was added to the model. On or before October 1 of each year of an agreement, the evaluating entity shall deliver the results of its evaluation to the state department, child welfare allocations committee, and the outside entity described in subsection (2) of this section. The department shall not enter into an agreement pursuant to this subsection (3) with the same outside entity described in subsection (2) of this section.

(4) Beginning with the funding model effective for state fiscal year 2024-25, the funding model must:

(a) Include factors addressing county workload, informed by the workload study conducted pursuant to section 26-5-104 (6.1)(c), as said subsection existed prior to its repeal, including the number of child welfare case aides, case workers, and supervisors necessary to perform all responsibilities required by state and federal law;

(b) Include factors addressing demographic data, including poverty statistics, and state and local economic drivers that may influence the cost of delivering child welfare services and prevention programs, as defined in section 19-1-103, with an emphasis on building capacity to provide services based on the needs of the child and family;

(c) Include the estimated caseload for the delivery of specific child welfare services in each county, to be funded by the money allocated to counties pursuant to section 26-5-104;

(d) Include a performance-aligned component that supports the implementation of promising, supported, or well-supported practices, as defined in the federal "Family First Prevention Services Act of 2018";

(e) Be driven by outcomes related to the stability and well-being of children receiving child welfare services, consistent with the recommendations of the delivery of child welfare services task force made pursuant to section 26-5-105.8 (4.5) prior to its repeal in 2023; and

(f) Include incentives for the delivery of services based on the recommendations of the delivery of child welfare services task force made pursuant to section 26-5-105.8. The funding model must provide the incentives to counties based on measurements and metrics established by the state department after consideration of input from the child welfare allocations committee. The measurements and metrics may include metrics concerning successful adoptions, successfully sustained placements, high school graduations, family reunifications, no recurrence of abuse and neglect, and timely dental and medical checks.

(5) Notwithstanding section 24-1-136 (11)(a)(I), on or before November 15, 2021, and on or before November 15 of each year thereafter, the state department and the child welfare allocations committee shall submit a report regarding the funding model to the joint budget committee. The report must include the following information concerning the previous fiscal year:

(a) The results of the funding model, including the cost per county necessary to meet all state and federal requirements for the comprehensive delivery of child welfare services;

(b) The difference between each county's actual allocation and the allocation amount identified by the funding model;

(c) The final close-out pursuant to section 26-5-104 (7) for the previous fiscal year;

(d) Any modifications made to the model to improve the accuracy of the data;

(e) A description of the incentives included in the funding model and the amount of incentives provided to each county; and

(f) Any other issues related to funding child welfare services identified by the child welfare allocations committee.

(6) (a) (I) On or before August 1, 2021, and on or before August 1 of each year thereafter, the child welfare allocations committee shall establish and appoint members to a funding model evaluation group to evaluate the funding model.

(II) The evaluation group has seven members who are experts in child welfare funding and policy. At least one member must be a representative of the state department with child welfare funding expertise, one member must be a county financial officer from a county described in section 26-5-104 (4)(b)(I), and one member must be a county financial officer from a county described in section 26-5-104 (4)(b)(II).

(III) The members of the evaluation group serve without compensation but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.

(b) The evaluation group shall evaluate the funding model to ensure that it is consistent with changes to state and federal law, includes outcome-based incentives and child and family well-being outcomes as factors in the model, includes an ongoing workload analysis, and satisfies the criteria described in subsection (4) of this section. The evaluation group shall evaluate any components of the funding model identified for evaluation by the child welfare allocations committee pursuant to section 26-5-103.5 (4.5).

(c) On or before October 1, 2021, and on or before October 1 of each year thereafter, the evaluation group must complete its annual evaluation of the funding model and deliver its findings and recommendations to the child welfare allocations committee.

(7) On or before December 31, 2021, and on or before December 31 of each year thereafter, and after considering the findings and recommendations of the evaluation group, the child welfare allocations committee shall deliver to the state department and outside entity described in subsection (2) of this section responsible for updating the funding model the committee's recommendations for modifications to the funding model that are necessary to ensure that the model is current and reflects any changes in federal or state law and county data and workload.

(8) The outside entity described in subsection (2) of this section shall:

(a) On or before March 31 of the first year of its agreement, modify the model to be used for the next fiscal year based on the results of the evaluation conducted pursuant to subsection (3) of this section and the recommendations of the state department, child welfare allocations committee, and evaluation group; update the data used in the model; and deliver the results of the model to the child welfare allocations committee, state department, and joint budget committee; and

(b) On or before March 31 of each other year of the agreement, modify the funding model to be used for the next fiscal year in accordance with the recommendations of the child welfare allocations committee made pursuant to subsection (7) of this section, update the data used in the model, and deliver the results of the model to the child welfare allocations committee, state department, and joint budget committee.
C.R.S. § 26-1-109.5 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-109.5
26-1-109.5. Treatment of restitution payments under this title - declaration - exclusion fro
Status: in_force

26-1-109.5. Treatment of restitution payments under this title - declaration - exclusion from financial determinations. (1) The general assembly finds that restitution payments made to Japanese Americans pursuant to the "Civil Liberties Act" (Pub.L. 100-383) were intended to redress the injustice done to United States citizens and resident aliens of Japanese ancestry who were incarcerated during World War II. The general assembly also finds that pursuant to such federal law, such payments are already excluded from state social service programs described in 31 U.S.C. sec. 3803 (c)(2)(c) which are funded by federal moneys.

(2) The state department shall exclude from consideration, when determining income or resources for purposes of determining eligibility or benefit amounts in any state-funded program under this title, moneys paid to eligible individuals pursuant to the "Civil Liberties Act", Pub.L. 100-383.
C.R.S. § 26-11.5-108 — CO Code / Title 26 / Article 11.5 / Section 26-11.5-108
26-11.5-108. Access to facility - residents - records - confidentiality
Status: repealed

26-11.5-108. Access to facility - residents - records - confidentiality. (1) A long-term care ombudsman or PACE ombudsman, upon presenting a long-term care or PACE ombudsman identification card, must have immediate access to a long-term care facility, PACE center, or participant's residence and to its residents or participants eligible for ombudsman services pursuant to this article 11.5 for the purposes of effectively carrying out the provisions of this article 11.5.

(2) In performing ombudsman duties and functions of their respective offices in accordance with this article, an ombudsman shall have access to review the medical and social records of a resident or PACE participant eligible for ombudsman services pursuant to this article, provided the resident or PACE participant has consented to such review. In the event consent to such review is not available because the resident or PACE participant is incapable of consenting and has no guardian to provide consent, the resident's records or PACE participant's records may be inspected by the state long-term care ombudsman or the state PACE ombudsman, respectively.

(2.5) Repealed.

(3) In carrying out the provisions of this section, each ombudsman shall follow procedures of confidentiality in accordance with the older Americans act.
C.R.S. § 26-2-1103 — CO Code / Title 26 / Article 2 / Part 11 / Section 26-2-1103
26-2-1103. Transitional jobs program
Status: in_force

26-2-1103. Transitional jobs program. (1) The state department shall administer a transitional jobs program. The transitional jobs program must:

(a) Seek to offer the opportunity to work in transitional jobs to eligible individuals from July 1, 2013, through June 30, 2029; except that no new transitional jobs shall be offered after December 31, 2028;

(b) To the greatest extent possible, provide priority transitional job offers to the following groups of eligible individuals, with the highest priority being given to individuals meeting one or more of the following categories:

(I) Noncustodial parents;

(II) Veterans; or

(III) Displaced workers that are fifty years of age or older;

(c) Pay eligible workers at least the applicable minimum wage; and

(d) Place transitional job workers, to the greatest extent feasible, with host-site employers that are small and medium-sized firms that have no more than fifty full-time-equivalent employees.

(2) To be eligible for a transitional job, an individual must:

(a) Be a legal United States resident or otherwise lawfully present and eligible for work in the United States;

(b) Be a resident of Colorado;

(c) Be at least eighteen years of age;

(d) Not be incarcerated and be able to work;

(e) Have a family income of below one hundred fifty percent of the federal poverty level, as adjusted for family size;

(f) Be unemployed or underemployed for no more than twenty hours per week, for at least four consecutive weeks; and

(g) Demonstrate that he or she has actively sought employment utilizing the public workforce system.

(3) An individual who is eligible for a transitional job under subsection (2) of this section may be offered a transitional job, subject to the availability of funds, on the following terms:

(a) The transitional job may not displace any existing employee, or result in filling a job from which an employee was recently terminated, or involve the transitional job worker in a labor dispute;

(b) The transitional job must pay at least the applicable minimum wage, and the wage may be increased with funds provided by the host site or a third party;

(c) The transitional job must provide no fewer than eight hours of work per week of transitional job work and may provide up to forty hours of work per week of transitional job work;

(d) Each transitional job may provide up to thirty total weeks of transitional job work, not to exceed three placements as a transitional job worker with up to three host sites; except that, subject to guidelines provided by the state department, a local agency contractor may offer and provide an individual who remains eligible for a transitional job additional weeks of transitional job work; and

(e) The individual employed in a transitional job must demonstrate that he or she is actively seeking employment utilizing the public workforce system.

(4) The transitional jobs program must operate throughout Colorado, but, based on the availability of funding, the state department may:

(a) Phase in the transitional jobs program in 2013 and 2014 or over a longer time period as determined necessary by the state department; or

(b) Limit the transitional jobs programs to urban and rural counties designated by the state department based on criteria relating to unemployment, poverty, and other factors that the state department identifies.

(5) The state department shall:

(a) Require data reporting and performance outcomes;

(b) Evaluate the outcomes of the transitional jobs program and present the results of its evaluation in a timely and structured manner; and

(c) Rigorously monitor all contracts and ensure full compliance by all contractors with their contractual obligations.

(6) The state department shall use a competitive request for proposal process to select local agency contractors and shall negotiate contracts with the government or nonprofit or for-profit organizations that submit the strongest proposals.

(7) The state department may offer incentives to local agency contractors for high performance.

(8) The state department shall:

(a) Determine the most effective and efficient process and mechanisms to provide employer of record services;

(b) Establish standards and procedures for considering and approving the applications of organizations that apply to function as employers of record; and

(c) Approve the applications of those organizations that apply to be employers of record if the state department determines the organizations will meet all applicable standards in the most effective and efficient manner and at the lowest cost.

(9) An organization may submit an application to be an employer of record, a local agency contractor, or both. The state department shall review and make decisions about the application of an organization to be an employer of record in the same manner, and using the same criteria, regardless of whether the organization previously never was, previously was, currently is, previously applied to be, or is currently applying to be a local agency contractor. The state department shall review and make decisions about the application of an organization to be a local agency contractor in the same manner, and using the same criteria, regardless of whether the organization never was, previously was, currently is, previously applied to be, or is currently applying to be an employer of record. An employer of record or a local agency contractor, consistent with criteria that the state department may establish, may also serve as a host site employer.

(10) The state department shall utilize any moneys for the transitional jobs program in the following manner:

(a) Transitional jobs program moneys must be used to reimburse the employer of record for the following wage-related costs for each individual who works in a transitional job:

(I) Wage costs equal to the number of hours of transitional jobs work performed for and certified by a host-site employer times the agreed upon wage, which wage must be at least the applicable minimum wage but may be defined by the funding source; and

(II) All resulting payroll taxes, including the employer of record's share of FICA taxes, medicare taxes, any applicable unemployment insurance taxes, and any applicable worker's compensation costs.

(b) The host site or a third party may increase the wage per hour or other compensation that an individual employed in a transitional job receives and shall be responsible for all wages, payroll tax, and other costs associated with the increase.

(c) Transitional jobs program moneys also shall be used to pay for:

(I) Administrative costs incurred by the state department, including payments to employers of record; and

(II) Payments to competitively selected local contracting agencies, pursuant to their contracts, for program and administrative costs actually incurred.