C.R.S. § 26-2-714 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-714
26-2-714. County block grants formula - use of money - rules
Status: repealed

26-2-714. County block grants formula - use of money - rules.

(1) (Deleted by amendment, L. 2008, p. 1967, § 15, effective January 1, 2009.)

(1.5) Moneys appropriated by the general assembly to the county block grant line shall remain appropriated and available to counties pursuant to the procedures specified in this section.

(2) Subject to available appropriations, in state fiscal year 2009-10 and in each fiscal year thereafter, the state department, with input from the works allocation committee, shall set the amount of the county block grants based on demographic and economic factors within the counties, including the amount a county spends on basic cash assistance grants and the county's TANF reserve balance.

(2.5) In the event that the state department and the works allocation committee do not reach an agreement in setting the amounts of the county block grants pursuant to the provisions of subsection (2) of this section on or before June 15 of each state fiscal year, the works allocation committee shall submit alternatives to the joint budget committee of the general assembly from which the joint budget committee shall identify each individual county's block grant for the state fiscal year commencing on the immediately succeeding July 1.

(3) Nothing in subsections (2) and (2.5) of this section shall prevent a county from transferring at any time during the fiscal year, pursuant to procedures established by the state department and the works allocation committee, a portion of the county's current federal TANF allocation to another county in exchange for an amount of county moneys equal to the maintenance of effort associated with the allocation.

(4) The state department shall identify the portion of moneys in the county block grant that may be spent on administrative costs.

(5) (a) (I) (A) A county shall be authorized to maintain a reserve account of county block grant moneys pursuant to rules promulgated by the state department.

(B) Pursuant to the provisions of subparagraph (V) of paragraph (c) of subsection (6) of this section, upon the conclusion of state fiscal year 2010-11, and upon the conclusion of each state fiscal year thereafter, the works allocation committee may transfer to another county on or before November 1 of the succeeding fiscal year, any unspent county TANF reserves in excess of forty percent of the county's county block grant for the concluding state fiscal year. TANF reserves transferred to a county pursuant to this sub-subparagraph (B) shall be available to the county in the succeeding state fiscal year.

(C) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, § 1, effective May 19, 2011.)

(D) If the works allocation committee transfers excess unspent TANF reserves pursuant to sub-subparagraph (B) of this subparagraph (I), the county from which the reserves are transferred shall receive appropriate maintenance of effort credit for those reserves. The county receiving the TANF reserves shall be responsible for providing an amount of county moneys equal to the maintenance of effort associated with the TANF reserves.

(E) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, § 1, effective May 19, 2011.)

(II) Notwithstanding any provision of subparagraph (I) of this paragraph (a) to the contrary, in state fiscal year 2008-09, and in each state fiscal year thereafter, a county with an annual county block grant amount of two hundred thousand dollars or less shall make available to the works allocation committee for transfer to another county pursuant to the provisions of subparagraph (V) of paragraph (c) of subsection (6) of this section any unspent TANF reserves in excess of one hundred thousand dollars.

(III) As used in this subsection (5), "unspent TANF reserves" means the amount deposited in a county reserve account plus any unspent TANF transfers authorized pursuant to this subsection (5) and subsections (7) and (9) of this section.

(IV) (Deleted by amendment, L. 2011, (SB 11-124), ch. 183, p. 695, § 1, effective May 19, 2011.)

(b) A county shall be required to maintain in such county's social services fund created pursuant to section 26-1-123 any county funds that were appropriated pursuant to section 26-2-716 (1)(a) and section 26-1-122 (6) in order to meet the targeted spending level required pursuant to subsection (6) of this section but not actually expended on the works program during the state fiscal year for which the county appropriated such funds.

(5.5) (a) The state department is authorized to segregate county block grant funds allocated under this section.

(b) If the state department segregates county block grant funds as authorized under this subsection (5.5):

(I) County departments shall report to the state expenditures they have made in a segregated manner, according to rules promulgated by the state board in accordance with applicable federal law;

(II) The counties shall develop policies regarding the use of segregated funds under this subsection (5.5);

(III) Funds shall be segregated in order to ensure maximum flexibility and to allow counties to provide additional assistance or services, in accordance with federal law.

(c) Repealed.

(d) The state board shall promulgate rules as necessary to implement this subsection (5.5).

(6) (a) Targeted spending levels. For state fiscal year 1997-98 and each state fiscal year thereafter, a county's targeted spending level shall be an amount that meets or exceeds one hundred percent of the county's spending on AFDC, JOBS, and the administrative costs related to those programs in state fiscal year 1995-96.

(b) Repealed.

(c) Actual spending levels - 1998-99 and thereafter. (I) For state fiscal year 1998-99 and for each state fiscal year thereafter, all counties collectively shall be required to meet levels of spending on the works program that are set forth in the annual long appropriation act, subject to the provisions of subsection (8) of this section.

(II) For state fiscal year 1998-99 and for each state fiscal year thereafter, each county's actual level of spending shall be identified by the works allocation committee created in subparagraph (IV) of this paragraph (c) no later than June 15 of each state fiscal year for the immediately succeeding state fiscal year. Prior to determining each county's actual spending level, the works allocation committee shall ensure that all counties have been notified of the recommended actual spending level and given an opportunity to provide comment on the recommendation. In the event that the works allocation committee does not reach an agreement on each individual county's actual level of spending for a state fiscal year on or before June 15 of such prior state fiscal year, the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall identify each individual county's level of spending for a state fiscal year. The amount identified for a county's level of spending shall be identified in the county's performance contract with the state department entered into pursuant to section 26-2-715.

(III) The works allocation committee shall also identify the amount of mitigation that shall be allocated for a small county in accordance with the provisions of subsection (8) of this section. The works allocation committee may create a subcommittee that represents the interests of small counties as defined in subsection (8) of this section, which subcommittee may make recommendations concerning the mitigation amounts to be allocated for a small county pursuant to the provisions of subsection (8) of this section.

(IV) There is hereby created the works allocation committee that shall consist of eleven members, eight of whom shall be appointed by a statewide association of counties and three of whom shall be appointed by the state department. Of the members appointed by the statewide association of counties, at least two members shall be from small or medium-sized counties, and at least three shall be from large counties. The appointing authorities shall consult with each other to ensure that the works allocation committee is representative of the counties in the state. A representative from the county that has the greatest percentage of the state's works caseload will automatically be appointed, which appointment shall be credited against the eight appointments allocated to the statewide association of counties. The works allocation committee shall develop its own operational procedures.

(V) The works allocation committee shall determine the priority criteria for transfers of excess unspent TANF reserves to a county pursuant to sub-subparagraph (B) of subparagraph (I) of paragraph (a) of subsection (5) of this section and the amount of the transfers. With the goal of increasing the counties' minimum percentage reserve balances, the works allocation committee's priority criteria shall give first priority to transfers to counties that have no more than a ten percent balance in the county's TANF reserve account. If moneys remain after satisfying the first priority criterion, second priority shall be given to transfers to those counties whose TANF reserves are more than ten percent, but no more than twenty percent.

(7) The county may transfer any amount of the county block grant that is designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to the child care development fund if child care funds are not available.

(8) (a) As used in this subsection (8), unless the context otherwise requires:

(I) "Annual maximum mitigation amount" means that portion of the total amount of county funds identified in the annual long appropriation act that may be used for mitigation for small counties in that state fiscal year.

(II) "Mitigation" means a specific reduction in a county's targeted spending level established pursuant to paragraph (a) of subsection (6) of this section or a specific reduction in a county's actual spending level established pursuant to paragraph (c) of subsection (6) of this section that is authorized pursuant to the provisions of this subsection (8). Mitigation can occur for targeted spending levels or actual spending levels or for both types of spending levels.

(III) "Small county" means a county with less than thirty-eight one hundredths of one percent of the total caseload of the works program statewide. The state department, with input from the works allocation committee, shall determine what shall constitute the total caseload of the works program and the time at which such caseload shall be established.

(b) Subject to the identification of an annual maximum mitigation amount in the annual long appropriation act and the criteria identified in paragraph (c) of this subsection (8), the works allocation committee created pursuant to subparagraph (IV) of paragraph (c) of subsection (6) of this section is authorized to identify the amount or amounts of any mitigation that shall be allocated to a small county in a specific state fiscal year. The works allocation committee shall notify the state department of any agreement concerning the allocation of any annual maximum mitigation amount in accordance with the provisions of this subsection (8).

(c) The criteria that the works allocation committee shall use include but are not limited to the following:

(I) The assessment of the equity of a small county's total program expenditures as they relate to the targeted or actual spending level for the small county;

(II) The extent to which the small county will have insufficient revenues to meet its targeted or actual spending level; and

(III) The extent to which the provision of any mitigation may enhance the efforts of a small county or group of small counties to regionalize pursuant to the provisions of section 26-2-718.

(9) (a) For state fiscal year 1997-98, and for each state fiscal year thereafter, a county may transfer any amount of the county block grant that is designated as federal funds and that is specified by the state department as being available for transfer within the limitation imposed by the federal law on transfers of federal funds from the temporary assistance for needy families block grant to programs funded by Title XX of the federal social security act.

(b) A county may make the transfer authorized by paragraph (a) of this subsection (9) only for expenditures that are allowable under programs funded by Title XX of the federal social security act, subject to the following provisions:

(I) If the funds transferred are used for the provision of child welfare services as defined in section 26-5-101 (3), the county may only make the transfer:

(A) After the county has made allowable expenditures of all funds in the county's capped or targeted allocation or allocations for child welfare services, other than for core services as referred to in section 26-5-101 (3)(f); and

(B) For the expenditures for child welfare services other than out-of-home placement services as described in section 26-5-101 (3)(i).

(II) A county shall not be required to appropriate funds to provide a county match pursuant to the provisions of section 26-1-122 for any funds transferred pursuant to the provisions of this subsection (9).

(III) A county shall not be authorized to use funds transferred pursuant to the provisions of this subsection (9) for the purpose of supplanting funds that:

(A) The county would otherwise be required to appropriate pursuant to section 26-1-122 in order to provide a county match for public assistance programs; or

(B) The county would otherwise appropriate in order to continue the provision of services under a program of public assistance administered with county only funds in the prior fiscal year.

(c) The state board shall promulgate rules governing procedures for transfers authorized pursuant to the provisions of this subsection (9).

(d) A county may make a transfer authorized by subsection (9)(a) of this section, within the limitations imposed by state and federal law on such transfers, in order to fund various programs for the improvement of child care. The transfers may be used for minor remodeling of licensed child care facilities or facilities legally exempt from licensing requirements pursuant to section 26.5-5-304, including but not limited to physical modifications for the purpose of licensure or accreditation, construction or improvement of fencing or other safety and security fixtures or other uses not prohibited under 42 U.S.C. sec. 1397d.

(10) (a) If the state meets federal work participation rates and qualifies for a percent reduction in the state's maintenance of effort as specified in federal law for any year, the actual spending level for the works program of all counties collectively shall be reduced by the same amount as the amount of the reduction in the federal maintenance of effort requirement.

(b) For the purposes of this subsection (10), "percent reduction" means the percent of reduction of historical expenditures as that term is defined in section 409 (7)(b) of the federal social security act, as amended.

(c) For any year in which a percent reduction in the state's maintenance of effort requirement occurs, the works allocation committee created pursuant to subparagraph (IV) of paragraph (c) of subsection (6) of this section shall determine each county's share of the reduction in actual spending levels. Prior to making such determination, the works allocation committee shall ensure that all counties have been notified of the recommended reduction for each county and given an opportunity to provide comment on the recommendation. In the event that the works allocation committee does not reach an agreement on each individual county's reduction in actual spending levels, the committee shall submit alternatives to the joint budget committee of the general assembly from which such joint budget committee shall identify each individual county's reduction in actual spending levels. The state department is authorized to adjust each county's share of the reduction in actual spending levels. The state department is authorized to adjust each county's actual spending level for any percentage reduction earned in accordance with the determination of the works allocation committee concerning each county's share of the reduction.

(11) The works allocation committee shall:

(a) Review, at least quarterly, the balance of the Colorado long-term works reserve, the balance of the total statewide county TANF reserve, and the amount of basic cash assistance grants provided to participants to monitor whether the balance of the Colorado long-term works reserve will fall below twenty-five percent of the state block grant amount and whether the balance of the total statewide county TANF reserve will fall below fifteen percent of the county block grant amount;

(b) Submit a written report to the joint budget committee detailing the current Colorado long-term works reserve level, the total statewide county TANF reserve level as a whole and by county, and any projections regarding deficits in the reserves; and

(c) Establish a mitigation fund for counties whose TANF reserves fall below fifteen percent of the county's block grant amount.
C.R.S. § 26-13.5-118 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-118
26-13.5-118. Exchange and delivery of evidence
Status: in_force

26-13.5-118. Exchange and delivery of evidence. (1) All documents that are used in calculating the child support guidelines worksheet and administrative order must be provided to the other party at the time of or prior to the date and time of the currently scheduled negotiation conference.

(2) If nondisclosure of information has been requested by a party pursuant to section 14-5-312 or 26-13-102.8, the delegate child support enforcement unit shall not disclose information relating to the location of the requesting party or the dependent child. Unless otherwise provided by law, if a party has not requested nondisclosure of information, the delegate child support enforcement unit has no duty to redact other information contained in the document. The delegate child support enforcement unit shall be held harmless for the release of such information pursuant to this section.
C.R.S. § 26-2-114 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-114
26-2-114. Amount of assistance payments - old age pension
Status: repealed

26-2-114. Amount of assistance payments - old age pension. (1) The basic minimum award payable to those persons qualified to receive an old age pension shall be one hundred dollars monthly; but the state board may adjust the said basic minimum award above one hundred dollars if, in its discretion, living costs have changed sufficiently to justify such adjustment.

(2) (a) and (a.5) Repealed.

(b) (I) The amount of net income from whatever source, either in cash or in kind, which any person qualified for an old age pension may receive shall be deducted from the amount of monthly pension which such person would otherwise receive. The rules and regulations of the state department may require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources.

(II) In computing said net income, the county department shall not consider the ownership of real estate occupied as a residence by the recipient as income. In addition, in computing said net income, the county department shall not consider as income funds received by or on behalf of the recipient from the federal government for rent supplementation or relocation payments or income earned by the recipient up to the maximum extent allowed by Title I, section 2, of the social security act.

(III) Whenever the United States congress shall provide by law for a retroactive increase in monthly benefits under the old age, survivors, and disability provisions of the social security act, or for a retroactive increase in monthly benefits under the railroad retirement act, and the amount of such retroactive increase in monthly benefits shall be subsequently paid to an old age pension recipient in a lump sum, then the amount of such lump sum payment shall not be considered as income and shall not be deducted from the amount of monthly pension otherwise payable to such recipient for the month in which such lump sum payment is received.

(IV) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered as income for purposes of this title unless required by federal law.
C.R.S. § 26-5-118 — CO Code / Title 26 / Article 5 / Section 26-5-118
26-5-118. Audit of child welfare system tools - Colorado family safety assessment - Colora
Status: in_force

26-5-118. Audit of child welfare system tools - Colorado family safety assessment - Colorado family risk assessment - domestic violence - intimate partner violence - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:

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

(b) "Colorado family risk assessment" means a systematic collection and analysis of information entered into TRAILS to determine the likelihood of future maltreatment of a child or youth.

(c) "Colorado family safety assessment" means a systematic collection of information entered into TRAILS on family circumstances to determine whether a child is in current or impending danger and to assist with informed and reliable decision-making to mitigate safety concerns.

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

(e) "TRAILS" means the statewide comprehensive child welfare case management system.

(2) (a) (I) No later than January 15, 2025, the office of the child protection ombudsman, established in section 19-3.3-102, shall select and contract with a third-party evaluator to conduct an audit on the:

(A) Colorado family safety assessment; and

(B) Colorado family risk assessment.

(II) The third-party evaluator shall create a report summarizing the results of the audit.

(b) In conducting an audit of the Colorado family risk assessment, the third-party evaluator, at a minimum, shall:

(I) Identify tools and resources to ensure the assessment is carried out consistently;

(II) Identify gaps and solutions to enable caseworkers to complete the assessment in real time while in the field;

(III) Examine the impacts of geography when using the assessment;

(IV) Examine the impacts of race and ethnicity when using the assessment and how they impact communities that are over-represented in the child welfare system;

(V) Evaluate and recommend best practices for sharing the assessment with families, legal professionals, and the judicial branch;

(VI) Evaluate and recommend best practices for training on the assessment; and

(VII) Examine the assessment for domestic violence or intimate partner violence and recommend best practices.

(c) In conducting an audit of the Colorado family safety assessment, the third party, at a minimum, shall:

(I) Examine the issues set forth in subsections (2)(b)(I) to (2)(b)(VII) of this section;

(II) Study the inter-rater reliability of the Colorado family safety assessment; and

(III) Study the required documentation for the planning and removal of the child from the child's primary caregiver.

(3) On or before March 1, 2026, the office of the child protection ombudsman shall submit the report described in subsection (2)(a)(II) of this section to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees, the speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate.
C.R.S. § 26-12-106 — CO Code / Title 26 / Article 12 / Part 1 / Section 26-12-106
26-12-106. Vacancies - additional admissions
Status: in_force

26-12-106. Vacancies - additional admissions. In the event that vacancies occur in a veterans center and there are no applications for admission from persons eligible pursuant to section 26-12-104, the veterans center shall be open for temporary occupancy to any person based on the person's need for medical care and ability to pay for services in accordance with the rules of the state board.
C.R.S. § 26-13-122.5 — CO Code / Title 26 / Article 13 / Section 26-13-122.5
26-13-122.5. Administrative lien and attachment of inmate bank accounts
Status: in_force

26-13-122.5. Administrative lien and attachment of inmate bank accounts. (1) The state child support enforcement agency or the delegate child support enforcement unit may issue a notice of administrative lien and attachment, only when such notice is prescribed and approved by the state child support enforcement agency, to the department of corrections or its agent having custody or control of inmate bank accounts in order to withhold funds from the bank account of a state inmate, as defined in section 17-1-102 (8), C.R.S., who is an obligor responsible for the support of a child or children on whose behalf the obligee is receiving support enforcement services from the state child support enforcement agency or a delegate child support enforcement unit pursuant to this article or who is an obligor responsible for the payment of maintenance or maintenance when combined with child support and the obligee is receiving support enforcement services from the state child support enforcement agency or a delegate child support enforcement unit pursuant to this article.

(2) A copy of the administrative lien and attachment shall be provided to the obligor by the department of corrections or its agent and shall include information on the obligor's right to object to the administrative lien and attachment and to request an administrative review pursuant to the rules of the state board.

(3) The notice of administrative lien and attachment shall contain:

(a) The name and address of the correctional facility or entity that withholds funds from inmate bank accounts;

(b) The name and social security number of the inmate and the name of the correctional facility in which the inmate is incarcerated;

(c) The total amount owed for current monthly child support, current maintenance when combined with child support, current maintenance, past due child support, past due maintenance when combined with child support, past due maintenance, child support debt, retroactive child support, or medical support;

(d) The amount or percentage of funds to be withheld monthly from inmate bank accounts, which amount or percentage shall not be less than fifty percent of the total amount withheld pursuant to section 16-18.5-106 (2), C.R.S.;

(e) A statement that the notice of administrative lien and attachment is to take effect no later than forty-five days after receipt of the notice by the department of corrections;

(f) A statement that if more than one notice of administrative lien and attachment is received for the same obligor, the priorities set forth in subsection (4) of this section shall apply;

(g) Instruction on the disbursement of the withheld amounts, including the requirements that each disbursement:

(I) Shall be forwarded to the family support registry;

(II) Shall be forwarded within ten calendar days after the date of each deduction and withholding;

(III) Shall be identified by the case number, the family support registry account number, and the name and social security number of the obligor and shall identify the date the deduction was made and the amount of the payment;

(h) A statement that compliance with the notice of administrative lien and attachment shall not subject the department of corrections or its agent to liability to the obligor for wrongful withholding of funds;

(i) A statement that, as long as the obligor is incarcerated and has an obligation pursuant to paragraph (c) of this subsection (3), the notice of administrative lien and attachment shall not be terminated or modified, except upon written notice by the state child support enforcement agency or the delegate child support enforcement unit, unless the inmate is indigent according to department of corrections guidelines.

(4) An administrative lien and attachment for the collection from inmate bank accounts of current monthly child support, current maintenance when combined with child support, current maintenance, past due child support, past due maintenance when combined with child support, past due maintenance, child support debt, retroactive child support, or medical support shall be continuing and shall have priority over any garnishment, lien, or wage assignment other than a notice previously served pursuant to subsection (1) of this section or a wage assignment activated pursuant to section 14-14-107 or 14-14-111, C.R.S., as those sections existed prior to July 1, 1996, or section 14-14-111.5, C.R.S. In order to attach inmate bank accounts for current child support, child support debt, retroactive child support, medical support, child support arrearages, or child support when combined with maintenance, the state child support enforcement agency or the delegate child support enforcement unit is authorized to serve, by first-class mail or by electronic service, a notice of administrative lien and attachment on the department of corrections or its agent to withhold funds of an obligor.

(5) Subsections (1), (2), and (3) of this section shall apply to all child support obligations, maintenance when combined with child support, maintenance obligations, retroactive child support obligations, and medical support obligations ordered as a part of any proceeding, regardless of when the order was entered, and all such obligors shall be subject to notice of administrative lien and attachment as described in subsections (1), (2), and (3) of this section.
C.R.S. § 26-2-1004 — CO Code / Title 26 / Article 2 / Part 10 / Section 26-2-1004
26-2-1004. Individual development account program - rules
Status: in_force

26-2-1004. Individual development account program - rules. (1) The IDA program shall provide that eligible individuals who establish individual development accounts, as set forth in section 26-2-1005, shall receive the benefit of matching moneys payable directly to the service provider at the time of the eligible individual's expenditure of the moneys in his or her individual development account for any of the following purposes:

(a) Securing postsecondary education, including but not limited to community college courses, courses at a four-year college or university, or post-college, graduate courses for either the individual or the individual's dependent;

(b) Securing postsecondary occupational training, including but not limited to vocational or trade school training for either the individual or the individual's dependent;

(c) Purchasing a home for the first time, either individually or with another family member; or

(d) Business capitalization.

(2) In addition to the purposes set forth in subsection (1) of this section, an eligible individual may expend up to ten percent of the total moneys from his or her individual development account for supportive counseling, mentoring, tutoring, or other related services as provided by sponsoring organizations and as approved by such individual development account holders.
C.R.S. § 26-2-307 — CO Code / Title 26 / Article 2 / Part 3 / Section 26-2-307
26-2-307. Fuel assistance payments - eligibility for federal standard utility allowance -
Status: repealed

26-2-307. Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal. (1) (a) On and after July 1, 2024, the state department shall implement a program to make fuel assistance payments by crediting the fuel assistance payments to recipients' electronic benefits transfer service accounts. If a recipient already receives cash assistance from another state public assistance program, then the fuel assistance payment may be issued through the same payment mechanism as the other cash assistance that the recipient receives.

(b) (I) The state department shall make the fuel assistance payments to eligible households that receive SNAP benefits but that do not receive assistance under LEAP in order to qualify those households for the standard utility allowance to maximize their SNAP benefits.

(II) To help the state department maximize the number of households that are receiving both the SNAP and LEAP benefits and facilitate the identification of those households that receive SNAP benefits and qualify for the fuel assistance payments, the state department shall develop a database connection between the LEAP eligibility system and the Colorado benefits management system.

(III) Repealed.

(III.5) (A) For the 2022-23 state fiscal year, the general assembly shall appropriate two million dollars from the economic recovery and relief cash fund created in section 24-75-228 to the state department for the purposes of implementing this section.

(B) The use of money appropriated pursuant to this subsection (1)(b)(III.5) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The state department shall spend or obligate such appropriation in accordance with section 24-75-226 (4)(d).

(C) This subsection (1)(b)(III.5) is repealed, effective September 1, 2027.

(IV) Repealed.

(V) On or before April 1, 2024, and on or before April 1 of each year thereafter, the state department shall submit a budget to the organization and the commission to include the state department's administrative costs to implement the program, including the cost to issue payments to recipients' electronic benefits transfer cards for payments made pursuant to subsection (1)(a) of this section, and the projected number of eligible households that the state department identifies as receiving SNAP benefits but that are not receiving assistance under LEAP, including an estimated number of new SNAP cases that the state department will approve during the upcoming federal fiscal year. Based on the budget that the state department submits, the organization shall:

(A) Calculate the amount of money from the energy assistance system benefit charge collected pursuant to section 40-8.7-104 (2.5) that it allocates as part of its budget prepared pursuant to section 40-8.7-108 (3) for use by the state department to make fuel assistance payments and to implement the program;

(B) Transmit the money to the state department on or before July 1, 2024, and on or before July 1 of each year thereafter.

(c) to (e) Repealed.

(f) On or before October 1, 2022, the state department shall submit a budget to the organization and the commission to cover the state department's administrative costs to set up the program. Based on the budget that the state department submits, the organization shall:

(I) Calculate the amount of money from the energy assistance system benefit charge collected pursuant to section 40-8.7-104 (2.5) that it allocates as part of its budget prepared pursuant to section 40-8.7-108 (3) for use by the state department to set up the program; and

(II) Transmit the money to the state department on or before March 1, 2023.

(2) (a) The supplemental utility assistance fund, referred to in this subsection (2) as the "fund", is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to section 40-8.7-108 (2)(b) and any other money that the general assembly may appropriate or transfer to the fund.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(c) Money in the fund is continuously appropriated to the state department for use in accordance with subsection (1) of this section.

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

(a) "Commission" means the legislative commission on low-income energy and water assistance created in section 40-8.5-103.5 (1).

(b) "Electronic benefits transfer service" or "EBT" means the service that the state department implements pursuant to section 26-2-104 (2) to administer the delivery of public assistance payments and food stamps to recipients.

(c) "Fuel assistance payment" means an annual payment that, when made to an eligible household identified pursuant to subsection (1) of this section, makes that household eligible to receive the standard utility allowance.

(d) "LEAP" means the low-income energy assistance program specified in section 26-2-122.5.

(e) "Organization" has the meaning set forth in section 40-8.7-103 (4).

(f) "Outside funds" means:

(I) Federal funds; or

(II) Gifts, grants, or donations from public or private sources.

(g) "Program" means the fuel assistance payment program implemented under subsection (1)(a) of this section.

(h) "SNAP" means the supplemental nutrition assistance program established pursuant to this part 3.

(i) "Standard utility allowance" means the heating and cooling standard utility allowance authorized in the federal supplemental nutrition assistance program regulations promulgated by the food and nutrition service in the United States department of agriculture.
C.R.S. § 26-1-113 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-113
26-1-113. Enforcement of support - RURESA
Status: repealed

26-1-113. Enforcement of support - RURESA. (Repealed)
C.R.S. § 26-13-115 — CO Code / Title 26 / Article 13 / Section 26-13-115
26-13-115. Child support enforcement agency fund created - application of interest, fees, a
Status: repealed

26-13-115. Child support enforcement agency fund created - application of interest, fees, and recovered costs. (Repealed)
C.R.S. § 26-1-104 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-104
26-1-104. Construction of terms
Status: in_force

26-1-104. Construction of terms. (1) Whenever any law of this state refers to the state department of public welfare or the state department of social services, or to the director, said law shall be construed as referring to the department of human services or to the executive director of the department of human services. Whenever any law of this state refers to the division of public assistance, or to the division of children and youth, or to any other division of the state department, said law shall be construed as referring to the department of human services.

(2) Whenever any law of this state refers to the state board of public welfare or to the state board of social services, said law shall be construed as referring to the state board of human services.
C.R.S. § 26-2-710 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-710
26-2-710. Administrative review
Status: in_force

26-2-710. Administrative review. (1) The state department shall promulgate rules for an administrative review process.

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

(3) If a participant does not agree with or fails to participate in a program or service identified in the IRC, the participant shall continue to receive the basic cash assistance grant that the participant received at the time the appeal is requested during the pendency of any appeal process.

(4) An applicant or participant who believes the IRC proposed by the county is unreasonable has a right to request a review of the proposed IRC by the county department pursuant to a process designated by the county in its written county policy. If the applicant or participant requests such review, the county shall provide the applicant or participant the opportunity for a county level review by a person not directly involved in the initial determination. The review shall be limited to determining whether the terms of the disputed IRC are reasonable within the context of the county's written policy. The reviewer shall issue a written decision for the county regarding the resolution of the outstanding issues involving the proposed IRC. The time frame for such review shall be specified by the county in its written county policy.
C.R.S. § 26-8.3-101 — CO Code / Title 26 / Article 8.3 / Section 26-8.3-101
26-8.3-101. Legislative declaration
Status: in_force

26-8.3-101. Legislative declaration. It is the purpose of this article to protect blind persons and organizations established to aid blind persons in the sale of blind-made products and to prevent misrepresentation in connection with the sale of blind-made products.
C.R.S. § 26-5.7-108 — CO Code / Title 26 / Article 5.7 / Section 26-5.7-108
26-5.7-108. Voluntary alternative residence - lack of parental agreement
Status: in_force

26-5.7-108. Voluntary alternative residence - lack of parental agreement. (1) If the youth and the youth's parent cannot agree on an initial voluntary alternative residence within twenty-one days after admission to the alternative out-of-home residence, a referral to the county department may be made.

(2) The licensed child care facility or licensed homeless youth shelter to which the youth has been admitted may arrange for the establishment of a supervised independent living arrangement or may arrange a voluntary residential agreement between the youth and a relative or other responsible adult, a licensed child care facility, or licensed homeless youth shelter if the youth has been admitted to a licensed child care facility or licensed homeless youth shelter and:

(a) Twenty-one days have passed since admission;

(b) The youth's parent cannot be found after diligent effort by the facility or shelter to locate such parent, the youth's parent has failed to respond to a notice sent by the facility or shelter, or the youth's parent has renounced responsibility for the youth; and

(c) The youth has no suitable place to live other than the home of the youth's parent.

(3) A supervised independent living arrangement can only be established pursuant to subsection (2) of this section if:

(a) The youth has not been deemed to have a substance use disorder and is in need of treatment;

(b) The youth is not currently demonstrating behavior that poses a danger to the youth or others;

(c) The youth is not engaging in persistent high-risk behavior that renders the youth inappropriate for an independent living arrangement through a placement alternative commission plan pursuant to section 19-1-116, C.R.S., or foster care placement through the county department; and

(d) The youth has an ability and capacity to manage his or her own affairs, demonstrates emotional independence, and has the opportunity and ability to achieve financial independence through legitimate activities and life skills, including the following:

(I) Educational accomplishments or a plan for achieving educational goals;

(II) A vocational plan or goal; and

(III) An opportunity or ability to achieve adequate housing and living arrangements apart from the youth's parent, guardian, or custodian.

(4) (a) For the purposes of this article, a voluntary residential agreement shall not require the county department to assume custody of the youth or to exercise any parental power or control over the youth or require medical assistance under articles 4, 5, and 6 of title 25.5, C.R.S.

(b) A person assuming responsibility for the youth shall have the authority to:

(I) Enroll the youth in the school district in which the youth resides, pursuant to the voluntary residential agreement; and

(II) Authorize and obtain preventive medical and dental care and treatment for the youth.
C.R.S. § 26-5-112 — CO Code / Title 26 / Article 5 / Section 26-5-112
26-5-112. Child welfare caseload study - repeal
Status: repealed

26-5-112. Child welfare caseload study - repeal. (Repealed)
C.R.S. § 26-2-703 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-703
26-2-703. Definitions
Status: repealed

26-2-703. Definitions. As used in this part 7, unless the context otherwise requires:

(1) Repealed.

(2) "Assistance" means any ongoing assistance payment or short-term assistance payment as those terms are described in section 26-2-706.6.

(2.5) "Assistance unit" means those family members who are participants in the Colorado works program and who are receiving cash assistance.

(3) "Basic cash assistance grant" means cash assistance provided to a participant in the Colorado works program pursuant to section 26-2-709.

(3.5) (a) "Cash assistance" means cash, payments, vouchers, and other forms of benefits designed to meet a family's ongoing basic needs such as food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses. "Cash assistance" includes such benefits even when they are:

(I) Provided in the form of payments by a TANF agency, or other agency on its behalf, to individual participants; and

(II) Conditioned on participation in a work activity or community service.

(b) Except as otherwise excluded in paragraph (c) of this subsection (3.5), "cash assistance" also includes supportive services provided to families who are not employed such as transportation and child care.

(c) "Cash assistance" does not include:

(I) Nonrecurrent, short-term benefits that:

(A) Are designed to address a specific crisis situation or episode of need;

(B) Are not intended to meet recurrent or ongoing needs; and

(C) Will not extend beyond four months;

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

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

(IV) Refundable earned income tax credits;

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

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

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

(4) "Colorado child care assistance program" means the state program of child care assistance implemented pursuant to the provisions of part 1 of article 4 of title 26.5 and rules of the executive director of the department of early childhood.

(5) "Colorado works program" or "works program" means the program of public assistance created in this part 7.

(5.5) "Controlled substance" means a substance, a drug, or an immediate precursor included in schedules I to V of part 2 of article 18 of title 18, and any "alcohol beverage" as defined in section 44-3-103 (2).

(5.7) "Countable income" means the receipt by an individual of a gain or benefit in cash or in kind during a calendar month that is used to determine eligibility and the benefit amount for the Colorado works program as specified by the state board.

(6) "County" means a county or a city and county.

(7) "County block grant" means a block grant provided to a county pursuant to the provisions of section 26-2-712.

(8) "County department" means:

(a) A county department of human or social services or health and human services of a county or a city and county; or

(b) Any combination of county departments of human or social services that are approved by the state department to implement a county block grant jointly pursuant to the provisions of section 26-2-718.

(8.5) "Deficit reduction omnibus reconciliation act" means the federal "Deficit Reduction Omnibus Reconciliation Act of 2005", Pub.L. 109-171, as amended.

(9) "Dependent child" means a person who resides with a parent or a specified caretaker and who is under the age of eighteen years or, if the person is a full-time student at a secondary school or vocational or technical equivalent and is reasonably expected to complete the school or vocational or technical equivalent before attaining the age of nineteen years, is under nineteen years.

(9.5) "Disqualified or excluded person" means a person who would otherwise be a member of an assistance unit but who is rendered ineligible to participate due to program prohibitions.

(10) "Federal law" means the personal responsibility and work opportunity reconciliation act, the deficit reduction omnibus reconciliation act, and any federal regulations adopted for the implementation of either act.

(10.2) "Guardian" means a person appointed by court order to be the guardian of another person.

(10.5) "Income" means any cash, payments, wages, in-kind receipts, inheritance, gifts, prizes, rents, dividends, interest, and other gain or benefit in cash or in kind received by members of an assistance unit.

(11) "Indian tribe" means a federally recognized Indian tribe with part or all of its reservation located in the state of Colorado.

(12) "Individual responsibility contract" or "IRC" means the contract entered into by the participant and the county department pursuant to section 26-2-708.

(13) Repealed.

(13.5) "Noncustodial parent", as defined in 45 CFR 260.30, means a person who:

(a) Is the parent of a minor child; and

(b) Lives in Colorado; and

(c) Does not live in the same household as the minor child.

(13.7) "Ongoing assistance" means any cash grant, benefit, service, or other form of temporary assistance designed to meet an eligible family's ongoing needs.

(14) "Parent" means either a biological parent or a parent by adoption.

(15) "Participant" means an individual who receives any assistance or who participates in a specific component of the Colorado works program.

(16) "Performance contract" means the performance-based contract executed by the state department and the board of county commissioners of each county or the boards of county commissioners of a group of counties pursuant to section 26-2-715.

(17) "Personal responsibility and work opportunity reconciliation act" means the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Pub.L. 104-193, as amended.

(17.5) "Program prohibitions" means a circumstance that, pursuant to this part 7 or federal law, renders an individual unable to participate in the Colorado works program.

(17.7) "Qualified alien" means a qualified alien as defined by rule of the state board in conformance with the personal responsibility and work opportunity reconciliation act.

(17.8) "Receipt" or "receipt of income" means the date on which income is actually received by or becomes legally available to a member of an assistance unit.

(18) "Reservation" means the Ute Mountain Ute Indian Reservation and the Southern Ute Indian Reservation in Colorado.

(18.2) "Short-term assistance" means a nonrecurrent, short-term benefit that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and does not extend beyond four months.

(18.3) "Specified caretaker" means:

(a) A person who exercises responsibility for a dependent child and who is:

(I) A relative by blood, marriage, or adoption who is within the fifth degree of kinship to the dependent child; or

(II) Appointed by the court to be the guardian or the legal custodian of the dependent child; or

(b) A person who exercises responsibility for a dependent child within the person's home if there is no person described in paragraph (a) of this subsection (18.3).

(18.5) "Targeted spending level" means the amount of county funds that a county shall appropriate pursuant to the provisions of section 26-1-122 for the purpose of defraying the county's maintenance of effort requirement for the works program.

(19) "Temporary assistance for needy families" or "TANF" means the program of block grants from the federal government to the states to implement assistance programs pursuant to federal law.

(20) "Tribal member" means an enrolled member of either the Ute Mountain Ute or Southern Ute Indian tribes.

(21) "Work activities" shall have the same definition as is provided in federal law. The state board shall promulgate rules as necessary to further define "work activities" in accordance with the definition provided in federal law. Participants shall be considered to be engaged in work if they are participating in work activities as described in the federal law or if they are participating in other work activities designed to lead to self-sufficiency as determined by the county and as outlined in their IRC.

(22) "Work participation rate" means the percentage of participants who are involved in work activities as required statewide under federal law.

(23) "Works allocation committee" means the committee created pursuant to section 26-2-714 (6).
C.R.S. § 26-1-138 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-138
26-1-138. Memorandum of understanding - notification of risk - rules
Status: in_force

26-1-138. Memorandum of understanding - notification of risk - rules. (1) On or before July 1, 2011, the department of human services and the department of education shall enter into a memorandum of understanding, pursuant to section 22-2-139, C.R.S., concerning the enrollment of students in the public school system from a state-licensed day treatment facility, facility school, or hospital licensed or certified pursuant to section 25-3-101, C.R.S.

(2) The state board may promulgate rules pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., concerning the implementation of the memorandum of understanding, including but not limited to rules regarding notification of and sharing of information as described in section 22-2-139, C.R.S.
C.R.S. § 26-6-914 — CO Code / Title 26 / Article 6 / Part 9 / Section 26-6-914
26-6-914. Denial of license - suspension - revocation - probation - refusal to renew licen
Status: in_force

26-6-914. Denial of license - suspension - revocation - probation - refusal to renew license - fines - definitions. (1) When the department has denied an application for a license, the department shall notify the applicant in writing of the denial by mailing a notice to the applicant at the address shown on the application. An applicant who is aggrieved by the denial may pursue the remedy for review as provided in subsection (10) of this section if the applicant, within thirty days after receiving the notice, petitions the department to set a date and place for hearing, affording the applicant an opportunity to be heard in person or by counsel. All hearings on the denial of licenses shall be conducted in conformity with the provisions and procedures specified in article 4 of title 24, as in the case of the suspension and revocation of licenses.

(2) The department may deny an application, or suspend, revoke, or make probationary the license, of any facility or agency regulated and licensed pursuant to this part 9 or assess a fine against the licensee pursuant to section 26-6-921 if the licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility or agency:

(a) Is convicted of a felony, other than those offenses specified in section 26-6-905 (8), or child abuse, as specified in section 18-6-401, the record of conviction being conclusive evidence thereof, notwithstanding section 24-5-101, or have entered into a deferred judgment agreement or a deferred prosecution agreement to a felony, other than those offenses specified in section 26-6-905 (8), or child abuse, as specified in section 18-6-401, or if the department has a certified court order from another state indicating that the applicant, licensee, person employed by the licensee, or any person residing with the licensee has been convicted of a felony, other than those offenses specified in section 26-6-905 (8), under a law of another state or of the United States or has entered into a deferred judgment agreement or a deferred prosecution agreement in another state as to a felony, other than those offenses specified in section 26-6-905 (8); or

(b) Is convicted of third degree assault, as described in section 18-3-204; any misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3; the violation of a protection order, as described in section 18-6-803.5; any misdemeanor offense of child abuse, as defined in section 18-6-401; or any misdemeanor offense in another state, the elements of which are substantially similar to the elements of any one of the offenses described in this subsection (2)(b). As used in this subsection (2)(b), "convicted" has the same meaning as set forth in section 26-6-905 (8)(a)(II).

(c) Is determined to be insane or mentally incompetent by a court of competent jurisdiction and, a court has entered, pursuant to part 3 or part 4 of article 14 of title 15, or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of operating a facility or agency, the record of such determination and entry of such order being conclusive evidence thereof; or

(d) Uses any controlled substance, as defined in section 18-18-102 (5), including retail marijuana, or consumes any alcoholic beverage during the operating hours of the facility or agency or is under the influence of a controlled substance or alcoholic beverage during the operating hours of the facility or agency; or

(e) Is convicted of unlawful use of a controlled substance as specified in section 18-18-404; unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance as specified in section 18-18-403.5 or 18-18-405; or unlawful offenses relating to marijuana or marijuana concentrate as specified in section 18-18-406; or

(f) Consistently fails to maintain standards prescribed and published by the department; or

(g) Furnishes or makes any misleading or any false statement or report to the department; or

(h) Refuses to submit to the department any reports or refuses to make available to the department any records required by it in making investigation of the facility or agency for licensing purposes; or

(i) Fails or refuses to submit to an investigation or inspection by the department or to admit authorized representatives of the department at any reasonable time for the purpose of investigation or inspection; or

(j) Fails to provide, maintain, equip, and keep in safe and sanitary condition premises established or used for child care pursuant to standards prescribed by the department of public health and environment and the department of human services or by ordinances or regulations applicable to the location of such facility; or

(k) Willfully or deliberately violates any of the provisions of this part 9 or any of the standards prescribed and published in department rule pursuant to this part 9; or

(l) Fails to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provision for personal care, medical services, clothing, and other essentials in the proper care of children; or

(m) Is charged with the commission of an act of child abuse or an unlawful sexual offense, as specified in section 18-3-411 (1), if:

(I) The individual has admitted committing the act or offense and the admission is documented or uncontroverted; or

(II) The administrative law judge finds that the charge is supported by substantial evidence; or

(n) Admits to an act of child abuse or if substantial evidence is found that the licensee, person employed by the licensee, or person who resides with the licensee in the licensed facility or agency has committed an act of child abuse. As used in this subsection (2)(n), "child abuse" has the same meaning as that ascribed to the term "abuse" or "child abuse or neglect" in section 19-1-103 (1).

(o) Is the subject of a negative licensing action; or

(p) Misuses any public funds that are provided to a foster care home, or child placement agency that places or arranges for placement of a child in foster care, for the purposes of providing foster care services, child placement services related to the provision of foster care, or any administrative costs related to the provision of foster care services or foster-care-related child placement services. The state board shall promulgate rules defining the term "misuse", which rules must take into account similar definitions in federal law and may include references to relevant circulars of the federal office of management and budget.

(3) The state department may deny an application to renew a license based on the grounds set forth in subsection (2) of this section. The denial is effective upon the expiration of the existing license. The existing license does not continue in effect even though the applicant for renewal files a request for hearing or appeal.

(4) The state department may deny an application for a facility or agency license pursuant to this part 9 if the applicant is a relative affiliate of a licensee of a facility or agency licensed pursuant to this part 9, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the state department that may result in a negative licensing action.

(5) The state department may deny an application for a child placement agency license pursuant to this part 9 if the applicant is a relative affiliate of a licensee of a child placement agency licensed pursuant to this part 9, which licensee is the subject of a previous negative licensing action or is the subject of a pending investigation by the state department that may result in a negative licensing action.

(6) (a) (I) The state department shall deny an application for a license under the circumstances described in section 26-6-905 (8). The state department shall revoke or suspend a license previously issued if:

(A) The licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted, or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted, of any of the criminal offenses set forth in section 26-6-905 (8); or

(B) The department has a certified court order from another state indicating that the licensee, person employed by the licensee, or person residing with the licensee is thereafter convicted of, or if it is later discovered that the licensee, person employed by the licensee, or person residing with the licensee had previously been convicted of, a criminal offense under a law of another state or of the United States that is similar to any of the criminal offenses set forth in section 26-6-905 (8); or

(C) The licensee, an affiliate of the licensee, a person employed by the licensee, or a person who resides with the licensee at the facility or agency has been determined to be insane or mentally incompetent by a court of competent jurisdiction and a court has entered, pursuant to part 3 or part 4 of article 14 of title 15, or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the licensee is incapable of operating a facility or agency, the record of such determination and entry of such order being conclusive evidence thereof.

(II) As used in this subsection (6)(a), "convicted" means a conviction by a jury or by a court and also includes a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.

(b) A certified copy of the judgment of a court of competent jurisdiction of a conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement, or a certified court order from another state indicating an agreement from another state, is prima facie evidence of the conviction or agreement.

(7) The state department shall deny an application for a facility or agency licensed pursuant to this part 9 and shall revoke the license of a facility or agency licensed pursuant to this part 9 if the facility or agency cultivates marijuana pursuant to the authority in section 16 of article XVIII of the state constitution.

(8) The department may assess fines, pursuant to the provisions of section 26-6-921, against a licensee or a person employed by the licensee who willfully and deliberately or consistently violates the standards prescribed and published by the department or the provisions of this part 9.

(9) The department shall determine the convictions identified in this section according to the records of the Colorado bureau of investigation, the ICON system at the state judicial department, or any other source, as set forth in section 26-6-912 (1)(a)(II).

(10) The department shall suspend or revoke a license only in conformity with the provisions and procedures specified in article 4 of title 24, and after a hearing thereon as provided in said article 4; except that all hearings under this part 9 must be conducted by an administrative law judge of the department, who shall render a recommendation to the executive director of the department, who shall render the final decision of the department, and no licensee is entitled to a right to cure any of the charges described in subsection (2)(a), (2)(c), (2)(d), or (2)(m)(I) of this section. The hearing shall not prevent or delay any injunctive proceedings instituted pursuant to the provisions of section 26-6-918.

(11) The provisions of subsection (2)(d) of this section do not apply to foster care homes, unless such use or consumption impairs the licensee's ability to properly care for children.

(12) A child placement agency licensed pursuant to this part 9 that places or arranges for placement of a child in foster care may certify the home of a relative of the child placed therein as a foster care home only upon the request of a county department.
C.R.S. § 26-20-109 — CO Code / Title 26 / Article 20 / Section 26-20-109
26-20-109. Limitations
Status: in_force

26-20-109. Limitations. (1) Nothing in this article shall be deemed to form an independent basis of statutory authority for the use of restraint.

(2) Nothing in this article shall be deemed to authorize an agency to implement policies, procedures, or standards or promulgate rules or adopt ordinances that would limit, decrease, or adversely impact any policies, procedures, standards, rules, or ordinances in effect on April 22, 1999, that provided greater protection concerning the use of restraint than is set forth in this article.
C.R.S. § 26-13-124 — CO Code / Title 26 / Article 13 / Section 26-13-124
26-13-124. Privatization of child support enforcement programs
Status: in_force

26-13-124. Privatization of child support enforcement programs. The state department shall consult with the counties to determine what services of the child support enforcement program may be advantageous to privatize. The state department is authorized to procure such services on behalf of participating counties if the participating counties and the state department agree to such procurement.
C.R.S. § 26-1-305 — CO Code / Title 26 / Article 1 / Part 3 / Section 26-1-305
26-1-305. Education about brain injury
Status: in_force

26-1-305. Education about brain injury. The board shall determine the percentage of money credited to the trust fund spent annually on education related to increasing the understanding of brain injury.
C.R.S. § 26-3.1-103 — CO Code / Title 26 / Article 3.1 / Part 1 / Section 26-3.1-103
26-3.1-103. Evaluations - investigations - training - exception for counties participating i
Status: repealed

26-3.1-103. Evaluations - investigations - training - exception for counties participating in alternative response program - rules. (1) The county department receiving a report of mistreatment or self-neglect of an at-risk adult shall immediately assess the reported level of risk. The immediate concern of the evaluation is the protection of the at-risk adult. The decision regarding the level of risk must, at a minimum, include a determination of a response time frame and whether the report meets the criteria for an investigation of the allegations, as set forth in state department rule. If a county department determines that an investigation is required, the county department is responsible for ensuring an investigation is conducted and arranging for the subsequent provision of protective services to be conducted by persons trained to conduct investigations and provide protective services.

(1.3) (a) Pursuant to state department rule, each employer as defined by section 26-3.1-111 (7) shall provide, upon request of the county department, access to conduct an investigation into an allegation of mistreatment. Access must include the ability to request interviews with relevant persons and to obtain documents and other evidence and have access to:

(I) Patients who are the subject of the investigation into mistreatment of an at-risk adult and patients who are relevant to an investigation into an allegation of mistreatment of an at-risk adult;

(II) Personnel, including paid employees, contractors, volunteers, and interns, who are relevant to the investigation;

(III) Clients or residents who are the subject of the investigation into mistreatment of an at-risk adult and clients or residents who are relevant to an investigation into an allegation of mistreatment of an at-risk adult;

(IV) Individual patient, resident, client, or consumer records, including disclosure of health records or incident and investigative reports, care and behavioral plans, staff schedules and time sheets, and photos and other technological evidence; and

(V) The professional license number issued by the division of professions and occupations in the department of regulatory agencies for a current or former employee who holds a health-care provider or health-care occupation license and who, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult during the employee's professional duties.

(b) The county department and its employees shall comply with applicable federal laws related to the privacy of information when requesting or obtaining documents pursuant to this subsection (1.3).

(c) County department staff conducting an investigation pursuant to this section have the right to enter the premises of any employer as defined by section 26-3.1-111 (7) as necessary to complete a thorough investigation. County department staff shall identify themselves and the purpose of the investigation to the person in charge of the entity at the time of entry.

(d) Attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law, and the long-term care ombudsman are exempt from the requirements of this section.

(1.4) Upon request of the county department, any person who holds a health-care provider or health-care occupation license issued by the division of professions and occupations in the department of regulatory agencies and, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult while performing the person's professional duties shall provide the person's professional license number to the county department.

(1.5) The state department shall provide training to all current county department adult protective services caseworkers and supervisors no later than July 1, 2018, and to new county department adult protective services caseworkers and supervisors hired after July 1, 2018, to achieve consistency in the performance of the following duties:

(a) Investigating reports of suspected mistreatment or self-neglect of at-risk adults and making findings concerning cases and alleged perpetrators;

(b) Notifying a person who has been substantiated in a case of mistreatment of an at-risk adult of the finding and of the person's right to appeal the finding to the state department;

(c) Assessing the client's strengths and needs and developing a plan for the provision of protective services;

(d) Determining the appropriateness of case closure;

(e) Entering accurate and complete documentation of the report and subsequent casework into CAPS; and

(f) Maintaining confidentiality in accordance with state law.

(2) Each county department, law enforcement agency, district attorney's office, and other agency responsible under federal law or the laws of this state to investigate mistreatment or self-neglect of at-risk adults shall develop and implement cooperative agreements to coordinate the investigative duties of such agencies. The focus of such agreements is to ensure the best protection for at-risk adults. The agreements must provide for special requests by one agency for assistance from another agency and for joint investigations. The agreements must further provide that each agency maintain the confidentiality of the information exchanged pursuant to such joint investigations.

(3) Each county or contiguous group of counties in the state in which a minimum number of reports of mistreatment or self-neglect of at-risk adults are annually filed shall establish an at-risk adult protection team. The state board shall promulgate rules to specify the minimum number of reports that will require the establishment of an adult at-risk protection team. The at-risk adult protection team shall review the processes used to report and investigate mistreatment or self-neglect of at-risk adults, review the provision of protective services for such adults, facilitate interagency cooperation, and provide community education on the mistreatment and self-neglect of at-risk adults. The director of each county department shall create or coordinate a protection team for the respective county in accordance with rules adopted by the state board of human services. The state board rules shall govern the establishment, composition, and duties of the team and must be consistent with this subsection (3).

(4) Repealed.
C.R.S. § 26-11.5-101 — CO Code / Title 26 / Article 11.5 / Section 26-11.5-101
26-11.5-101. Short title
Status: in_force

26-11.5-101. Short title. This article shall be known and may be cited as the "Colorado Long-term Care Ombudsman Act".
C.R.S. § 26-1-118 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-118
26-1-118. Duties of county departments, county directors, and district attorneys
Status: repealed

26-1-118. Duties of county departments, county directors, and district attorneys. (1) (a) The county departments or other state designated agencies, where applicable, shall serve as agents of the state department and are charged with the administration of public assistance, and welfare and related activities in the respective counties in accordance with the rules of the state department.

(b) The county departments or other state designated agencies, where applicable, shall serve as agents of the department of early childhood and are charged with the administration of child care assistance and related activities in the respective counties in accordance with the rules of the department of early childhood.

(2) The county departments or other state designated agencies, where applicable, shall report to the state department and the department of early childhood at such times and in such manner and form as the state department and the department of early childhood may from time to time direct. The state department and the department of early childhood may require a county department to report information concerning county employees, including but not limited to qualifications, work schedules, pay, duties, evaluations, training, and corrective and disciplinary actions. A county department may provide the information by use of a unique identifier for each employee that provides the information without identifying the name of the employee. However, nothing in this section prevents access by the state department or the department of early childhood to individual employee files, to the extent permitted by state and federal law, for purposes of carrying out the responsibility of the state department for the supervision and administration of programs funded in whole or in part by the state department or for purposes of carrying out the responsibility of the department of early childhood for the supervision and administration of child care assistance. The state department and the department of early childhood shall maintain the confidentiality of such records in a manner consistent with state and federal law.

(2.5) Repealed.

(3) The county department or other state designated agencies, where applicable, in each county shall submit quarterly and annually to the board of county commissioners a budget containing an estimate and supporting data setting forth the amount of money needed to carry out the provisions of this title.

(4) When appointed by a court of competent jurisdiction and consistent with state department rules and regulations, the county director shall perform under the supervision of such court the function of officer or agent of the court in any social services matters which may be before it.

(5) The county department may receive for placement in foster care any child upon agreement of his parent, his guardian, or any other person having legal custody of such child. Such agreements, provided for in this subsection (5), shall be in writing and on forms prescribed by the state department and may contain any proper and legal provisions for proper care of the child and such other provisions as may be considered necessary by the state department.

(6) The county department shall report, to the district attorney monthly, data relating to fraudulent activities covering, as a minimum, the activities specified in paragraphs (a), (b), and (d) of this subsection (6), and the district attorney shall likewise report, monthly to the county department, the data specified in paragraph (c) of this subsection (6), as follows when applicable:

(a) Investigations (including welfare and district attorney cases accepted for fraud investigation during the month);

(b) Welfare action - assistance denials and assistance reductions;

(c) District attorney action:

(I) Criminal complaints requested during the month;

(II) Criminal complaints declined during the month;

(III) Cases dismissed during the month;

(IV) Cases acquitted during the month;

(V) Convictions during the month;

(VI) Confessions of judgments (notes);

(d) Recoveries:

(I) Fines and penalties ______ (in dollars);

(II) Restitutions ordered ______ (in dollars);

(III) Restitutions collected ______ (in dollars).

(7) The counties may prepare and issue to all payees, excluding heads of households in nonpublic assistance food stamp cases, at the time of delivery of any public assistance, a hermetically sealed photo identification card which is manufactured in such a secure manner as to resist duplication or intrusion and containing the full name, a card identification number, and any other data which would insure proper identification. A county department shall refer to the appropriate law enforcement agency for investigation, within ten working days after discovery, any information it may have concerning the improper use of a photo identification card by a person not eligible to possess such card.

(8) Starting in the calendar year 1979, no less than eight hours of fraud prevention training shall be given to all eligibility technicians, caseworkers, resource investigators, homemakers, supervisors, and such other persons within the county department as the county director deems necessary, who have not previously received such training. Such training shall be conducted by a law enforcement agency or its appropriate professional association.

(9) Repealed.
C.R.S. § 26-2-201 — CO Code / Title 26 / Article 2 / Part 2 / Section 26-2-201
26-2-201. Short title
Status: in_force

26-2-201. Short title. This part 2 shall be known and may be cited as the "Colorado Supplemental Security Income Act".
C.R.S. § 26-11-209 — CO Code / Title 26 / Article 11 / Part 2 / Section 26-11-209
26-11-209. State funding for senior services contingency reserve fund - creation - fund - r
Status: repealed

26-11-209. State funding for senior services contingency reserve fund - creation - fund - reporting - appropriation - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) "Eligible services" means services that are authorized by the federal "Older Americans Act of 1965", as amended, and the "Older Coloradans' Act", as specified in this article 11.

(b) "Force majeure" means fire; explosion; action of the elements; strike; interruption of transportation; rationing; shortage of labor, equipment, or materials; court action; illegality; unusually severe weather; act of God; act of war; or any other cause that is beyond the control of an area agency on aging or a provider of eligible services and that could not have been prevented by the exercise of reasonable diligence.

(c) "Fund" means the state funding for senior services contingency reserve fund created in subsection (2) of this section.

(2) The state funding for senior services contingency reserve fund is created in the department of the treasury to assist the state office of aging in addressing unforeseen circumstances experienced by an area agency on aging or a provider of eligible services.

(3) The state department may disburse money from the fund to an area agency on aging or a provider of eligible services to cover the direct costs of continuing to provide eligible services in the event of any of the following unforeseen circumstances:

(a) Financial or operational emergencies caused by force majeure;

(b) A disruption in the delivery of eligible services due to an unexpected change in provider availability or operational capacity;

(c) An unintended delay or interruption in state or federal appropriation allocations; or

(d) An emergency disaster declaration.

(4) To receive a disbursement from the fund, an area agency on aging or a provider of eligible services must apply for a disbursement in the manner and form prescribed by the state department.

(5) The amount disbursed to an area agency on aging or a provider of eligible services pursuant to subsection (3) of this section must cover the costs of providing eligible services for no more than ninety days. If an area agency on aging or a provider of eligible services needs additional funding following the initial disbursement period, the area agency on aging or the provider of eligible services may reapply for additional funds.

(6) (a) The fund consists of money allocated to the fund by the state department and any additional money the general assembly appropriates to the fund. The general assembly shall annually appropriate money in the fund to the department of human services for use in administering the fund. Any money remaining in the fund at the end of a state fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund.

(b) Three days after February 27, 2024, the state treasurer shall transfer two million dollars to the fund from the general fund.

(7) Notwithstanding section 24-1-136 (11)(a)(I), on or before January 1, 2025, and on or before each January 1 thereafter, the state department shall submit a report to the office of state planning and budgeting and the joint budget committee of the general assembly specifying which area agency on aging or provider of eligible services received money from the fund and, for each area agency on aging or provider of eligible services that received money from the fund, specify the amount disbursed and the purpose for which the money was disbursed to the area agency on aging or provider of eligible services.

(8) This section is repealed, effective September 1, 2029. Before the repeal, the fund is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 26-13-102.8 — CO Code / Title 26 / Article 13 / Section 26-13-102.8
26-13-102.8. Nondisclosure of information in exceptional circumstances
Status: in_force

26-13-102.8. Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information shall be sealed and may not be disclosed to the other party or the public. A party seeking disclosure of all or part of such identifying information may request a hearing before the court. After a hearing in which the court takes into consideration the health, safety, or liberty of the party or child, the court shall make findings based upon the considerations specified in this section and may order disclosure of all or part of the information if the court determines the disclosure to be in the interest of justice.
C.R.S. § 26-2-204 — CO Code / Title 26 / Article 2 / Part 2 / Section 26-2-204
26-2-204. Mandatory minimum state supplementation of SSI benefits
Status: in_force

26-2-204. Mandatory minimum state supplementation of SSI benefits. The state department, with the approval of the state board, is authorized to enter into an agreement with the secretary of the United States department of health, education, and welfare whereby the state department will provide to qualified individuals residing in the state, within available appropriations, mandatory minimum state supplementation of SSI benefits in accordance with the requirements of Title XVI of the social security act and rules and regulations of the state department.
C.R.S. § 26-11-201 — CO Code / Title 26 / Article 11 / Part 2 / Section 26-11-201
26-11-201. Definitions
Status: in_force

26-11-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Advisory council" means a representative body of laypersons and service providers which represents the interests of the older persons within the boundaries of a planning and service area and which is designated by the area agency on aging pursuant to section 26-11-205.

(2) "Area agency on aging" means an identifiable private nonprofit or public agency designated by the state office on aging which works for the interests of older Coloradans within a planning and service area and which engages in community planning, coordination, and program development and provides a broad array of social and nutritional services.

(3) "Area plan" means a comprehensive and coordinated system of programs in a planning and service area.

(3.5) "Child" means a person who is not more than eighteen years of age.

(4) "Comprehensive and coordinated system of programs" means programs of interrelated social and nutritional services designed to meet the needs of older persons.

(4.5) "Family caregiver" means an adult family member, or another individual, who is an informal provider of in-home and community care to an older individual who is sixty years of age or older.

(4.7) "Grandparent or older individual who is a relative caregiver" means a grandparent or step-grandparent of a child, or a relative of a child by blood or marriage, who is sixty years of age or older and who:

(a) Lives with the child;

(b) Is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child; and

(c) Has a legal relationship to the child, such as legal custody or guardianship, or is raising the child informally.

(5) "Greatest economic need" means the need resulting from an income level at or below the poverty threshold established by the United States bureau of the census.

(6) "Greatest social need" means the need caused by noneconomic factors, as associated with the federally protected class statuses recognized by section 504 of the federal "Rehabilitation Act of 1973", 29 U.S.C. sec. 794, as amended; the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended; and Title VII of the federal "Civil Rights Act of 1964", 42 U.S.C. sec. 2000e et seq., as amended, that restrict an individual's ability to perform normal daily tasks or that threaten an individual's capacity to live independently.

(7) "Planning and service area" means a geographical area within the state, designated by the state office on aging, in which the area agency on aging shall carry out the area plan.

(8) "State office" means the state office on aging within the state department.
C.R.S. § 26-7.5-101 — CO Code / Title 26 / Article 7.5 / Section 26-7.5-101
26-7.5-101. Legislative declaration
Status: in_force

26-7.5-101. Legislative declaration. (1) The general assembly finds that:

(a) A significant number of homicides, aggravated assaults, assaults and batteries, and other types of abuse and coercive control occur within Colorado; that the reported incidence of domestic violence and sexual assault represents only a portion of the total number of incidents of domestic violence and sexual assault; that a large percentage of police officer deaths in the line of duty result from police intervention in domestic abuse situations; and that domestic violence and sexual assault is a complex problem affecting families from all social and economic backgrounds;

(b) Domestic violence and sexual assault can have harmful and lasting consequences for victims, families, communities, and the state. Domestic violence and sexual assault have a profound impact on not only victims' physical, psychological, and social well-being, but also on individuals' economic stability and the state's economy. Economic impacts often include criminal and civil legal system costs; medical and behavioral health expenditures; lower wages resulting from diminished educational attainment; lost wages from missed work, job loss, debt, and poor credit; and costs associated with housing instability.

(c) The best available research shows that domestic violence and sexual assault occur at relatively equal rates. Research also shows that individuals from populations underserved due to geographic location, religion, sexual orientation, gender identity, race or ethnicity, language barriers, disabilities, alienage, and age experience domestic violence and sexual assault at higher rates and face greater challenges in accessing services than the general population. Therefore, funding should ensure equal support for domestic violence and sexual assault services as well as support for services for underserved populations and culturally specific programs.

(d) Community-based advocates are uniquely positioned to offer victims various options for services and to support the choices victims make. Community-based advocates focus primarily on the needs, choices, and input of the victim. Therefore, the general assembly declares that community-based advocates are a critical component of a victim-centered response to domestic violence and sexual assault.

(e) In a continued effort to promote increased diversity among the funded victim service organizations, it is the intent of the general assembly that, in administering this article 7.5, the state department identify additional measures to address barriers that historically underserved victims, including people of color, face in accessing victim services.
C.R.S. § 26-1-107 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-107
26-1-107. State board of human services - reimbursement for expenses - rules
Status: repealed

26-1-107. State board of human services - reimbursement for expenses - rules. (1) (a) There is created in the department of human services the state board of human services, referred to in this section as the "state board". The state board is a type 1 entity, as defined in section 24-1-105. The state board consists of nine members appointed by the governor, with the consent of the senate, for terms of four years. The members appointed to the board must be residents of the state of Colorado. The governor may remove a member of the board for misconduct, incompetence, or neglect of duty.

(b) The board consists of:

(I) One member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities;

(II) (A) Three members who serve as county commissioners of one of the state's counties.

(B) If a board member who is concurrently serving as a county commissioner ceases to serve as a county commissioner, the member's seat on the state board shall be deemed vacant, and the governor shall appoint a new county commissioner to fill the vacancy.

(C) A county commissioner, in the commissioner's role as a board member, shall not vote on any matter coming before the state board that affects the commissioner's county in a manner different from other counties.

(II.5) (A) One member who is a person with lived experience with behavioral health disorders, a family member of a person with behavioral health disorders, a member of an advocacy group for persons experiencing behavioral health disorders, or a physician or a member of one of the licensed mental health professions.

(B) A physician or a member of one of the licensed mental health professions, in their role as a board member, shall not vote on any matter coming before the board that affects their employer or private practice in a manner different from other employers or private practices of the same professions.

(III) Four members who are from the public at large.

(2) No recipient of a pension under the Colorado old age pension statutes shall be eligible for appointment to the state board.

(3) The members of the state board may receive reimbursement for actual traveling expenses.

(4) The state board shall act only by resolution adopted at a duly called meeting of the state board, and no individual member of the state board shall exercise administrative authority with respect to the state department.

(5) (a) "Board rules" are rules promulgated by the state board governing:

(I) Program scope and content;

(II) Requirements, obligations, and rights of clients and recipients;

(III) Non-executive director rules concerning vendors, providers, and other persons affected by acts of the state department.

(b) The state board shall have authority to adopt "board rules" for programs administered and services provided by the state department as set forth in this title and in title 27, C.R.S.

(c) Any rules adopted by the executive director to implement the provisions of this title 26 or title 27, prior to March 25, 2009, whose content meets the definition of "board rules" shall continue to be effective until revised, amended, or repealed by the state board.

(d) Whenever a statutory grant of rule-making authority in this title or in title 27, C.R.S., refers to the state department or the department of human services, it shall mean the state department acting through either the state board or the executive director or both. When exercising rule-making authority under this title or title 27, C.R.S., the state department, either acting through the state board or the executive director, shall establish rules consistent with the powers and the distinction between "board rules" as set forth in this section and "executive director rules" as set forth in section 26-1-108.

(6) The state board shall:

(a) Adopt board rules;

(b) Hold hearings relating to the formulation and revision of the policies of the state department;

(c) Advise the executive director as to any matters that the executive director may bring before the state board;

(d) Meet as is necessary to adjust the minimum award for old age pensions for changes in the cost of living pursuant to section 26-2-114 (1); except that the state board shall meet for such a purpose whenever the monthly index of consumer prices, prepared by the bureau of labor statistics of the United States department of labor, increases or decreases by an amount warranting an increase or decrease over the previous adjustment and the United States social security administration increases benefits similarly adjusted for changes in the cost of living. Such a meeting shall be held within twenty days of the publication of the monthly index which first exceeds the previous level by said amount.

(e) Adopt rules and regulations for the purpose of establishing guidelines for the placement of children from locations outside of Colorado into this state for foster care or adoption pursuant to section 19-5-203 or 26-6-905 or the terms of the "Interstate Compact on Placement of Children" as set forth in part 18 of article 60 of title 24;

(f) Adopt rules governing the operations of the statewide adoption resource registry as described in section 26-1-111 (4);

(g) Adopt rules concerning programs related to behavioral, mental health, or substance use disorders and intellectual and developmental disabilities. To the extent that rules are promulgated by the state board of human services for programs or providers that receive either medicaid only or both medicaid and non-medicaid funding, the rules must be developed in cooperation with the department of health care policy and financing and must not conflict with state statutes or federal statutes or regulations.

(h) Adopt rules concerning standards for the level of training, education, and experience that a psychiatrist or psychologist shall have to be qualified to perform competency evaluations in criminal cases pursuant to section 16-8-106 and article 8.5 of title 16, C.R.S., and standards for conducting and reporting competency evaluations in criminal cases. Prior to adopting the rules, the state board shall consider recommendations from the competency evaluation advisory board created in section 16-8.5-119, C.R.S.

(7) When federal statute or regulation requires, as a condition for the receipt of federal participation in any state department administered or supervised public assistance or welfare program, that specific forms of income to recipients and applicants or other persons whose income would otherwise be considered to be disregarded, such income shall be disregarded and the rules of the state board shall include provisions to effect such requirements.

(8) Nothing in this section shall be construed to affect any specific statutory provision granting rule-making authority in relation to a specific program to the state board.

(9) and (9.5) (Deleted by amendment, L. 2006, p. 1986, § 10, effective July 1, 2006.)

(10) The state board shall fix minimum standards and qualifications for county department personnel based upon training and experience deemed necessary to fulfill the requirements and responsibilities for each position and establish salary schedules based upon prevailing wages for comparable work within each county or district or region where such data is available and is collected and compiled in a manner approved by the state personnel director. The rules issued by the state board shall be binding upon the several county departments. At any public hearing relating to a proposed rule making, interested persons shall have the right to present their data, views, or arguments orally. Proposed rules of the state board shall be subject to the provisions of section 24-4-103, C.R.S.
C.R.S. § 26-20-107 — CO Code / Title 26 / Article 20 / Section 26-20-107
26-20-107. Review of the use of restraint and seclusion
Status: in_force

26-20-107. Review of the use of restraint and seclusion. An agency that utilizes restraint or seclusion shall ensure that a review process is established for the appropriate use of restraint or seclusion.
C.R.S. § 26-8.3-104 — CO Code / Title 26 / Article 8.3 / Section 26-8.3-104
26-8.3-104. Identification of blind-made products
Status: in_force

26-8.3-104. Identification of blind-made products. No goods or articles made in this or any other state shall be displayed, advertised, offered for sale, or sold in this state upon a representation that the same are blind-made products unless identified as such by the official imprint, stamp, symbol, or label designed or approved by the state department.
C.R.S. § 26-1-102 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-102
26-1-102. Legislative declaration
Status: in_force

26-1-102. Legislative declaration. (1) The general assembly declares that state and local policymakers and health and human services administrators recognize that the management of and the delivery system for health and human services have become complex, fragmented, and costly and that the health and human services delivery system in this state should be restructured to adequately address the needs of Colorado citizens.

(2) The general assembly further finds and declares that a continuing budget crisis makes it unlikely that funding sources will keep pace with the increasing demands of health and human services.

(3) Therefore, the general assembly finds that it is appropriate to restructure the principal departments responsible for overseeing the delivery of health and human services and to reform the state's health and human services delivery system, using guiding principles and within the time frames set forth in article 1.7 of title 24, C.R.S. It is the general assembly's intent that the departments of public health and environment, health care policy and financing, and human services be operational, effective July 1, 1994.
C.R.S. § 26-2-110 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-110
26-2-110. Repayment not required
Status: in_force

26-2-110. Repayment not required. No person shall be required, in order to receive public assistance, to repay or promise to repay the state of Colorado any money properly paid to him or her as public assistance pursuant to the provisions of this article and the rules of the state department; except that the state may recoup interim assistance authorized under section 26-2-206, concerning blind and disabled individuals.
C.R.S. § 26-5.7-110 — CO Code / Title 26 / Article 5.7 / Section 26-5.7-110
26-5.7-110. Host homes for youth - report - rules - definitions
Status: in_force

26-5.7-110. Host homes for youth - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Host home" means a private home that volunteers to host youth in need of temporary placement that is associated with a host home program with the purpose of providing a safe, temporary, and welcoming space to allow the youth time to repair the youth's relationship with the youth's parent or legal guardian or make decisions regarding other long-term housing options with the support of a host home operator.

(b) "Host home program" or "program" means a program that provides support to a host home and meets the requirements of subsection (3) of this section.

(c) "Youth" means an individual who is under twenty-three years of age.

(2) The state department shall oversee the operations of the host home programs.

(3) To operate a host home program, an organization must:

(a) Be a tax exempt organization for youth not in the care of the county department;

(b) Recruit and screen individuals interested in operating a host home in the program, including performing criminal history record checks pursuant to subsection (5) of this section on the interested individuals and all individuals residing in the home who are eighteen years of age or older, and perform a physical inspection of the home;

(c) Provide case management services to youth in the program;

(d) Provide a minimum of sixty days of aftercare, as defined in 45 CFR 1351.1, for a youth who leaves a host home;

(e) Provide mandatory reporter and confidentiality training to host home operators; and

(f) Maintain accurate and up-to-date records documenting the following for each host home operating under the program:

(I) The address of the host home;

(II) The name of the individual operating the host home and all other individuals residing in the home;

(III) A copy of the completed criminal history record check conducted pursuant to subsection (5) of this section for the individual operating the host home and all other individuals residing in the home who are eighteen years of age or older;

(IV) A copy of the host home's completed physical home inspection;

(V) A copy of the host home's property or rental insurance and automobile insurance; and

(VI) Any other information required by the state department.

(4) To operate a host home, an individual must:

(a) Maintain property or rental insurance and automobile insurance covering the property and vehicles used in providing host home services;

(b) Undergo a criminal history record check in compliance with subsection (5) of this section; and

(c) Comply with any other requirements set by the state department.

(5) (a) Before an individual may operate a host home pursuant to this section, the individual must undergo fingerprinting performed by a local law enforcement agency or third party approved by the Colorado bureau of investigation. The individual must pay the costs associated with the fingerprint-based criminal history record check.

(b) After taking the individual's fingerprints, the local law enforcement agency or third party approved by the Colorado bureau of investigation shall submit the complete set of the individual's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(c) If a third party approved by the Colorado bureau of investigation conducts the fingerprinting, the individual's fingerprints may be captured electronically using Colorado bureau of investigation-approved livescan equipment. The third party approved by the Colorado bureau of investigation must not keep the individual's information collected for the purpose of conducting a fingerprint-based criminal history record check for more than thirty days, unless otherwise requested by the individual.

(d) The Colorado bureau of investigation shall use the individual's fingerprints to conduct a criminal history record check using the Colorado bureau of investigation's records. The Colorado bureau of investigation must send the individual's fingerprints to the federal bureau of investigation for the purpose of conducting a federal fingerprint-based criminal history record check. The Colorado bureau of investigation, individual, state department, and entity conducting the fingerprinting must comply with the federal bureau of investigation's requirements to conduct a fingerprint-based criminal history record check.

(e) The Colorado bureau of investigation shall return the results of its fingerprint-based criminal history record check to the state department and the state department is authorized to receive the results of the federal bureau of investigation's fingerprint-based criminal history record check. The state department must use the information from the fingerprint-based criminal history record check to investigate and determine whether an individual is qualified to operate a host home pursuant to this section.

(f) If the results of an individual's fingerprint-based criminal history record check performed pursuant to this subsection (5) reveal a record of arrests without a disposition, the organization operating a host home program must require the individual to submit to a name-based judicial record check, as defined in section 22-2-119.3.

(6) (a) If a youth is under eleven years of age and seeks admission to a host home, the host home must obtain written consent from a parent or legal guardian of the youth authorizing the youth's temporary residence in the host home. If written consent is received, the youth may reside in a host home for up to twenty-one days.

(b) Youth eleven years of age or older but under eighteen years of age admitted to a host home may reside in the host home for up to twenty-one days pursuant to section 26-5.7-105.

(c) If a youth under fifteen years of age is admitted to a host home, the program director or host home operator must notify the county department within seventy-two hours after the youth's admission.

(d) For youth eighteen years of age or older but under twenty-three years of age, the youth may remain in a host home beyond the twenty-one-day period if consent is provided to the host home by the youth. Documentation verifying the youth's consent must be updated every six months thereafter.

(e) If a youth eleven years of age or older but under twenty-three years of age has resided in a host home for twenty-one days, the program director or host home operator must refer the youth to the county department for additional services.

(f) Host home operators shall comply with the notification requirements specified in section 26-5.7-106.

(7) On or before December 1, 2024, and each December 1 thereafter, if a program receives local, state, or federal funding, the program must enter the following information into the homeless management information system and share the information with the office of homeless youth services:

(a) The number of youth served by the program; and

(b) Upon leaving a host home, whether each participating youth returned to live with the youth's parent or legal guardian, ran away, reached twenty-three years of age, or became a dependent of the state.

(8) A licensed foster care home approved as a host home shall not accept a youth for placement pursuant to this section if there are any foster children currently placed in that home.

(9) Nothing in this section applies to host homes providing residential services to adults with intellectual and developmental disabilities.

(10) The state department shall promulgate rules as necessary to implement this section.
C.R.S. § 26-2-725 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-725
26-2-725. Outreach and engagement plan - family voice participation
Status: in_force

26-2-725. Outreach and engagement plan - family voice participation. (1) No later than September 30, 2022, the state department shall develop an outreach and engagement plan to promote access to the Colorado works program for eligible persons.

(2) The state department shall partner with counties and nonprofit organizations when developing and implementing the outreach and engagement plan and shall incorporate feedback from current and former participants to ensure participants are influential stakeholders in the process.

(3) At a minimum, the outreach and engagement plan must include specific strategies for:

(a) Outreach to monolingual, non-English-speaking communities and families, including a linguistically diverse website and translation of other materials that include information about the works program in the seven most common languages spoken in each county of the state;

(b) Developing culturally appropriate messaging;

(c) Sharing information about the services and supports available and participants' rights and responsibilities under the works program;

(d) How to appeal if redetermination is denied;

(e) Confidentiality protections for applicants and participants; and

(f) Outreach through a variety of settings, including but not limited to social media, schools, child care centers, food banks, libraries, federally qualified health centers, home visiting programs, mobile home parks, head start and early head start centers, and mobile sites.

(4) The state department shall:

(a) Require that county staff working with applicants and participants receive comprehensive training regarding the works program. The training must include trauma-informed approaches to interacting with participants, consistency in communicating information about child care access and assistance, the alignment of a participant's work requirements with child care access and family medical needs, the full scope of options for the participant to meet work and education requirements in alignment with the participant's goals, and the availability of support services for families.

(b) Develop toolkits, manuals, and other materials for county staff, applicants, and participants that include information about child care access and assistance, the alignment of a participant's work requirements with child care access, the full scope of options for the participant to meet work and education requirements in alignment with the participant's goals, and the availability of support services for families;

(c) Partner with counties, nonprofit organizations, and participants to develop culturally and linguistically appropriate messaging and ensure that applicants and participants have access to sufficient supports and communication in the seven most common languages spoken in each county of the state, or, in the instance of a monolingual speaker of a language other than the seven most common languages, use best efforts to provide supports and communication in the language spoken by the individual;

(d) Ensure adequate and meaningful representation by, feedback from, or engagement with current and former participants when making decisions and recommendations regarding the works program, including during any rule-making or regulatory process and other policy changes that impact recipients. To the extent possible, the state department shall ensure that participants involved pursuant to this subsection (4)(d) are diverse with regard to race, ethnicity, age, ability, sexual orientation, gender identity, and geography and that participant feedback has a genuine opportunity to influence substantial changes to the works program. The state department may utilize any established councils at the state and local level that have current and former participants represented or appointed to comply with the requirements of this subsection (4)(d). To the extent possible, the state department shall consider reimbursing participants involved pursuant to this subsection (4)(d) for travel expenses and attendant and dependent care.

(5) Beginning January 2023, and each January thereafter, the state department shall include information on the implementation of the requirements in this section in its report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, or their successor committees, as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203.

(6) The state department may review and consider information technology solutions for the implementation of this section.
C.R.S. § 26-2-117 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-117
26-2-117. Old age pension health and medical care fund - supplemental old age pension heal
Status: repealed

26-2-117. Old age pension health and medical care fund - supplemental old age pension health and medical care fund. (Repealed)
C.R.S. § 26-2-713 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-713
26-2-713. State maintenance of effort
Status: in_force

26-2-713. State maintenance of effort. The general assembly shall make annual appropriations from state funds for the works program which, together with the expenditures made by counties under the works program, shall be applied toward the state's maintenance of historic effort as specified in section 409 (a)(7) of the social security act.
C.R.S. § 26-20-104 — CO Code / Title 26 / Article 20 / Section 26-20-104
26-20-104. General duties relating to use of restraint on individuals
Status: in_force

26-20-104. General duties relating to use of restraint on individuals. (1) Notwithstanding the provisions of section 26-20-103, an agency that uses restraint shall ensure that:

(a) At least every fifteen minutes, staff shall monitor any individual held in mechanical restraints to assure that the individual is properly positioned, that the individual's blood circulation is not restricted, that the individual's airway is not obstructed, and that the individual's other physical needs are met;

(b) No physical or mechanical restraint of an individual shall place excess pressure on the chest or back of that individual or inhibit or impede the individual's ability to breathe;

(c) During physical restraint of an individual, an agent or employee of the agency shall check to ensure that the breathing of the individual in such physical restraint is not compromised;

(d) A chemical restraint shall be given only on the order of a physician or an advanced practice registered nurse with prescriptive authority who has determined, either while present during the course of the emergency justifying the use of the chemical restraint or after telephone consultation with a registered nurse, licensed physician assistant, or other authorized staff person who is present at the time and site of the emergency and who has participated in the evaluation of the individual, that such form of restraint is the least restrictive, most appropriate alternative available. Nothing in this subsection (1) shall modify the requirements of section 26-20-102 (2) or 26-20-103 (3).

(e) An order for a chemical restraint, along with the reasons for its issuance, shall be recorded in writing at the time of its issuance;

(f) An order for a chemical restraint shall be signed at the time of its issuance by such physician if present at the time of the emergency;

(g) An order for a chemical restraint, if authorized by telephone, shall be transcribed and signed at the time of its issuance by an individual with the authority to accept telephone medication orders who is present at the time of the emergency;

(h) Staff trained in the administration of medication shall make notations in the record of the individual as to the effect of the chemical restraint and the individual's response to the chemical restraint.

(2) For individuals in mechanical restraints, agency staff shall provide relief periods, except when the individual is sleeping, of at least ten minutes as often as every two hours, so long as relief from the mechanical restraint is determined to be safe. During such relief periods, the staff shall ensure proper positioning of the individual and provide movement of limbs, as necessary. In addition, during such relief periods, staff shall provide assistance for use of appropriate toiletting methods, as necessary. The individual's dignity and safety shall be maintained during relief periods. Staff shall note in the record of the individual being restrained the relief periods granted.

(3) Relief periods from seclusion shall be provided for reasonable access to toilet facilities.

(4) An individual in physical restraint shall be released from such restraint within fifteen minutes after the initiation of physical restraint, except when precluded for safety reasons.
C.R.S. § 26-5.3-103 — CO Code / Title 26 / Article 5.3 / Section 26-5.3-103
26-5.3-103. Definitions
Status: repealed

26-5.3-103. Definitions. As used in this article, unless the context otherwise requires:

(1) Repealed.

(2) "At imminent risk of being placed out of the home" means that without intercession a child will be placed out of the home immediately.

(3) "Emergency assistance program" or "program" means the program for emergency assistance for families with children at imminent risk of out-of-home placement as authorized by this article.
C.R.S. § 26-2-122 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-122
26-2-122. Public assistance in the form of social services
Status: in_force

26-2-122. Public assistance in the form of social services. (1) Subject to available appropriations, the state department may provide those services required by the social security act and applicable federal regulations. Subject to available appropriations, the state department may, by regulation, elect to provide those services which are optional under the social security act.

(2) Eligible persons shall include those required to be eligible for services by the social security act and federal regulations. Subject to available appropriations, eligible persons may include those persons who are optionally eligible under federal law and regulations whom the state department, by regulation, includes as eligible persons.

(3) The state department shall adopt budgetary standards from which a graduated schedule of fees shall be determined. Said fees shall be paid by persons who receive social services and who have the financial ability to pay in accordance with the schedule of fees established by the state department.

(4) The state department shall prepare and submit to the secretary of the federal department of health and human services a state plan for services that meets the requirements of the social security act, federal regulations, and this section. The state department shall administer the program for services in accordance with the social security act, federal regulations, and this section.
C.R.S. § 26-11-202 — CO Code / Title 26 / Article 11 / Part 2 / Section 26-11-202
26-11-202. State office on aging
Status: in_force

26-11-202. State office on aging. The executive director shall create in the state department a state office on aging, the head of which is the director of the state office, who is appointed by the executive director. The state office and the director of the state office are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the state department.
C.R.S. § 26-12-116 — CO Code / Title 26 / Article 12 / Part 1 / Section 26-12-116
26-12-116. Obligations limited
Status: in_force

26-12-116. Obligations limited. (1) Nothing in sections 26-12-110 to 26-12-118 shall be construed as to authorize the state department to incur any obligation of any kind or nature except such as shall be payable solely from moneys accruing to the special sinking fund account created pursuant to section 26-12-112.

(2) It shall be plainly stated on the face of each anticipation warrant that it has been issued under the provisions of sections 26-12-110 to 26-12-118 and that it does not constitute an indebtedness of the general fund of the state within the meaning of any constitutional provision or limitation.
C.R.S. § 26-2-719 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-719
26-2-719. Private contracting
Status: in_force

26-2-719. Private contracting. The state department and any county department are authorized to award contracts for the administration, implementation, or operation of any aspect of the works program to any appropriate public, private, or nonprofit entity in accordance with applicable county regulations, federal law, and the provisions of the state procurement code, articles 101 to 112 of title 24, C.R.S.
C.R.S. § 26-2-701 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-701
26-2-701. Short title
Status: in_force

26-2-701. Short title. This part 7 shall be known and may be cited as the "Colorado Works Program Act".
C.R.S. § 26-13-105 — CO Code / Title 26 / Article 13 / Section 26-13-105
26-13-105. Child support enforcement services - review
Status: in_force

26-13-105. Child support enforcement services - review. (1) Subject to the provisions of section 26-13-104, the child support enforcement program shall include the following, as required by federal law:

(a) The establishment and modification of an obligor parent's legal obligation to support his or her dependent children, including determination of parentage when necessary;

(b) The location of an obligor parent or putative parent;

(c) The monitoring and processing of an obligor parent's child support and maintenance payment;

(d) The enforcement of an obligor parent's support obligation as set forth in section 26-13-106 (1);

(e) Any necessary investigative and administrative activities which may be necessary to accomplish the services required by this section;

(f) (I) Annual reviews of the child support enforcement program, to be conducted by the state department, including all information as may be necessary to measure the state's compliance with federal requirements.

(II) The state department shall review the cost associated with conducting the annual reviews required in this paragraph (f) and the number of full-time equivalent employees (FTE) of the state department required to complete the reviews. The state department shall examine and evaluate the feasibility and cost-effectiveness of privatizing this function.

(1.5) Upon the request of another state, the state department or its agent is authorized to provide the identification, through data matches with any entity where assets may be found, of assets owned by a person who owes child support in another state and to seize such assets through levy or other appropriate processes.

(2) In any action brought pursuant to this article, or any action brought by a governmental agency, to establish, modify, or enforce a child support obligation or to enforce a maintenance obligation as set forth in section 26-13-106, the prosecuting attorney represents the people of the state of Colorado. Nothing in this section shall be construed to modify statutory mandate, authority, or confidentiality required of any governmental agency, nor should representation by a prosecuting attorney be construed to create an attorney-client relationship between the attorney and any party, other than the people of the state of Colorado, or witness to the action; except that any district attorney or county attorney as contractual agent for a county department shall collect a fee pursuant to section 26-13-106 (2).

(3) (a) In addition to the annual review required by paragraph (f) of subsection (1) of this section, or as a part of such review, the state department shall evaluate the cost and effectiveness of each of the provisions implemented by House Bill 97-1205. Such evaluation shall include a review of the following:

(I) The amount of increase in support collection, if any, associated with the implementation of each new provision contained in House Bill 97-1205;

(II) The cost, in federal, state, and county dollars, associated with the implementation of each new provision set forth in House Bill 97-1205;

(III) The number of full-time equivalent employees (FTE) necessitated by the implementation of each new provision contained in House Bill 97-1205 at both the state and county levels; and

(IV) Such additional data as may be necessary.

(b) (Deleted by amendment, L. 2001, p. 1172, § 10, effective August 8, 2001.)
C.R.S. § 26-2-706 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-706
26-2-706. Target populations
Status: in_force

26-2-706. Target populations. (1) (a) Subject to the provisions of this section and restrictions in the federal law, those persons or families who may receive assistance under the Colorado works program include:

(I) Dependent children under the age of eighteen;

(II) (A) Dependent children between the ages of eighteen and nineteen who are full-time students in a secondary school, home school, or in the equivalent level of vocational or technical training and expected to complete the program before age nineteen. Such children are eligible for assistance through the end of the month in which they complete the program. A dependent child is still considered to be a student in regular attendance during official school or training program vacation periods, absences due to illness, convalescence, or family emergency, or the month in which the child completes a school or training program.

(B) For purposes of this subparagraph (II), "regular attendance" means that the student is enrolled in a program of study or training leading to a certificate or diploma and is physically attending such program or training; "full-time attendance" means that the student is attending school for a minimum of twenty-five hours per week, or an amount of time as specified by the school; and "half-time attendance" means that the student is attending school for a minimum of twelve hours per week, or an amount of time as specified by the school; and

(III) The parents of a dependent child, including expectant parents, or a specified caretaker with whom the dependent child is living.

(a.5) In addition to the eligibility requirements set forth in paragraph (a) of this subsection (1), in order to receive Colorado works benefits and assistance, the assistance unit shall include a dependent child who lives in the home of a parent or other specified caretaker. A dependent child is considered to be living in the home of a specified caretaker as long as the parent or other specified caretaker exercises responsibility for the care of the child even though one or more of the following occurs:

(I) The child is under the jurisdiction of the court; or

(II) Legal custody is held by an agency that does not have physical possession of the child; or

(III) The child is in regular attendance at school away from home; or

(IV) Either the child or the specified caretaker is temporarily absent from the home to receive medical treatment; or

(V) The child is in a voluntary foster care placement for a period not expected to exceed three months.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the state board shall promulgate rules to provide that two-parent families shall be treated the same as single-parent families under the provisions of this section.

(c) Notwithstanding the provisions of paragraph (a) of this subsection (1), the state board shall promulgate rules to provide that half siblings residing in the same household not be required to be in the same assistance unit if at least one of the half siblings is receiving child support. In such circumstance, the half sibling receiving child support shall be given the option to not participate in Colorado works.

(d) The state board shall promulgate rules to provide that a noncustodial parent may be allowed to receive services under the Colorado works program, but not assistance, at a county's option and in accordance with the county's plan. Such services provided to a noncustodial parent pursuant to this paragraph (d) shall be intended to promote the sustainable employment of the noncustodial parent and enable such parent to pay child support. Provision of such services shall not negatively impact the eligibility for benefits or services of the custodial parent.

(1.5) To participate in the Colorado works program an applicant or person shall:

(a) Be a resident of Colorado;

(b) Be a citizen of the United States, a qualified alien who entered the United States prior to August 22, 1996, or a qualified alien who entered the United States on or after August 22, 1996, who has been in a qualified alien status for a period of five years or, if less than five years, is in a federal exempt category pursuant to 8 U.S.C. sec. 1613 (b), as amended;

(c) Not be receiving financial assistance from other financial assistance programs administered by the state of Colorado;

(d) Not be an inmate of a public institution, except as a patient in a public medical institution;

(e) Not be an inmate of any institution as a patient admitted for tuberculosis or a behavioral or mental health disorder, unless the person is a child under the age of twenty-one years receiving psychiatric care under medicaid;

(f) Not be participating in a labor strike;

(g) Provide a social security number or proof of application for a social security number if the social security number is unknown or if the applicant does not have a social security number;

(h) Provide verification of earned income received in the thirty days immediately prior to the date of application; and

(i) Provide verification of pregnancy, if applicable.

(2) (a) The state department shall promulgate rules to identify with specificity who may be a participant in the works program and the income requirements for participation in the works program. An asset test shall not be applied as a condition of eligibility for participation in the works program.

(b) The rules shall provide that an unmarried parent under eighteen years of age shall not receive assistance unless such unmarried parent resides with his or her parent or other specified caretaker in an adult-supervised home or in any other arrangement approved by the county department.

(c) In determining the income requirements pursuant to subsection (2)(a) of this section, the state department shall use an income conversion ratio for converting weekly and biweekly income to a monthly amount using the lowest ratio or methodology that results in the lowest monthly income amount allowable under federal law.

(3) A person convicted of a drug-related felony offense under the laws of this state, any other state, or the federal government on or after June 3, 1997, is eligible for assistance under the works program.

(4) The state board shall promulgate rules to simplify the requirements relating to determination and verification of eligibility criteria. Eligibility processes from other public assistance or entitlement programs may be used when redetermining and verifying eligibility. When possible, the state board is strongly encouraged to align redetermination and verification timelines with other public assistance or entitlement programs. Nothing in this subsection (4) authorizes the state board to amend or delete eligibility criteria for participation in the works program that the board is not otherwise authorized to amend or delete.

(5) and (6) (Deleted by amendment, L. 2010, (SB 10-068), ch. 160, p. 549, § 3, effective January 1, 2011.)
C.R.S. § 26-7.8-106 — CO Code / Title 26 / Article 7.8 / Section 26-7.8-106
26-7.8-106. Repeal of article
Status: repealed

26-7.8-106. Repeal of article. (Repealed)
C.R.S. § 26-21-107 — CO Code / Title 26 / Article 21 / Section 26-21-107
26-21-107. Colorado commission for the deaf, hard of hearing, and deafblind cash fund - cre
Status: in_force

26-21-107. Colorado commission for the deaf, hard of hearing, and deafblind cash fund - creation - gifts, grants, and donations - reimbursement. (1) There is hereby created in the state treasury the Colorado commission for the deaf, hard of hearing, and deafblind cash fund. All money credited to the fund must be used exclusively for the administration and discharge of this article 21. All money credited to the fund and any interest earned from the investment of money in the fund remains in the fund and does not revert to the general fund or any other fund at the end of any fiscal year.

(2) The commission, subject to spending authority granted by the general assembly, is authorized to receive and expend gifts, grants, and donations from individuals, private organizations, foundations, or any governmental unit; except that no gift, grant, or donation may be accepted by the commission if it is subject to conditions that are inconsistent with this article or any other law of this state.

(3) Commission members shall be reimbursed for actual and necessary expenses incurred in the discharge of their official duties, including an allowance for mileage as provided in section 24-9-104 (2), C.R.S. The commission may establish a standardized per diem designed to cover the actual expenses of the members pursuant to this subsection (3).
C.R.S. § 26-13-110 — CO Code / Title 26 / Article 13 / Section 26-13-110
26-13-110. Federal requirements
Status: in_force

26-13-110. Federal requirements. Nothing in this article shall be construed to prevent the state department from complying with federal requirements for the child support enforcement program expressly provided by Title IV-D of the "Social Security Act", as amended, in order for the state to qualify for federal funds under such act and to maintain said program within the limits of available appropriations.
C.R.S. § 26-2-708.5 — CO Code / Title 26 / Article 2 / Part 7 / Section 26-2-708.5
26-2-708.5. Colorado works controlled substance abuse control program
Status: repealed

26-2-708.5. Colorado works controlled substance abuse control program. (Repealed)
C.R.S. § 26-5.7-109 — CO Code / Title 26 / Article 5.7 / Section 26-5.7-109
26-5.7-109. No use of general fund moneys
Status: repealed

26-5.7-109. No use of general fund moneys. (Repealed)
C.R.S. § 26-12-108 — CO Code / Title 26 / Article 12 / Part 1 / Section 26-12-108
26-12-108. Payments for care - funds - report - collections for charges - central fund for
Status: repealed

26-12-108. Payments for care - funds - report - collections for charges - central fund for veterans centers created - repeal. (1) (a) The state department shall establish rates for the care of residents, which rates must be as nearly equal to the cost of operation and maintenance of the veterans centers as practicable. Payments shall be made to the state department unless otherwise provided pursuant to a contract entered into in accordance with section 26-12-119. The state department shall deposit such payments together with any other moneys received from any source for the operation and maintenance of the veterans centers with the state treasurer, who shall credit all such moneys to the central fund for veterans community living centers, referred to in this article as the "central fund", which fund is hereby created.

(a.3) Repealed.

(a.5) For the fiscal year beginning July 1, 2007, and for each fiscal year thereafter, the general assembly shall appropriate from the general fund to the central fund an amount not exceeding ten percent of the total gross revenue accrued by the central fund during the preceding fiscal year in coordination with the state department's standard budget request process. The state department shall use these funds to pay operational expenses of, and make capital improvements to, the veterans centers.

(b) (I) Repealed.

(I.5) For the fiscal year beginning July 1, 2017, and for each fiscal year thereafter:

(A) The money in the central fund is continuously appropriated to the state department for the direct costs of the operation and administration of the veterans centers and for capital construction in connection with the veterans centers; and

(B) Subject to annual appropriation, the state department may expend money from the central fund for indirect costs of the operation and administration of the veterans centers; except that the amount expended for indirect costs shall not exceed five percent of the total expenditures from the fund for the fiscal year.

(II) All requests for capital construction submitted by the state department shall be considered by the capital development committee pursuant to section 2-3-1304, C.R.S.

(III) All interest derived from the deposit and investment of moneys in the central fund shall be credited to such fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the central fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.

(c) Notwithstanding section 24-1-136 (11)(a)(I), the state department shall prepare and submit to the general assembly an annual report detailing the financial status of each veterans center. This report must also identify which of the veterans centers administered pursuant to the provisions of this article are owned by the state but operated under contract by another entity.

(d) As part of the budget request that the state department submits to the joint budget committee in accordance with section 2-3-208 (2)(a), C.R.S., the state department shall provide a detailed report of the anticipated direct and indirect costs for the operation and administration of each veterans center for the upcoming fiscal year, including amounts for personal services, operating expenses, indirect costs, centrally appropriated costs, and FTE.

(2) It is lawful for each veterans center and the Colorado veterans community living center at Homelake to deposit moneys belonging to the benefit fund established prior to July 1, 1985, and all donations or other voluntary contributions that may be received on or after that date in any manner for the benefit of residents of each veterans center and the Colorado veterans community living center at Homelake in an interest-bearing account with a federally insured financial depository pursuant to section 24-75-603, C.R.S. Withdrawals from such accounts shall be made only for the benefit, aid, and assistance of residents of each veterans center or the occupants of the Colorado veterans community living center at Homelake, including recreational equipment and facilities.

(3) The executive director may, in the name of the people of the state of Colorado and through the attorney general, institute and maintain actions at law for the collection of charges due from residents of veterans centers and the Colorado veterans community living center at Homelake, or said residents' conservators, guardians, executors, or administrators, resulting from the failure, neglect, or refusal of said persons to pay such charges.

(4) (a) If the state department sells a portion of vacant land to the United States department of veterans affairs for expansion of the Fort Logan national cemetery as authorized in House Bill 16-1456, enacted in 2016, the state treasurer shall credit the sale proceeds of such sale to the Fort Logan national cemetery fund, which fund is hereby created and referred to in this subsection (4) as the "cemetery fund". In the fiscal year in which the property sale takes place, and in each fiscal year thereafter until all sale proceeds are appropriated as specified in this paragraph (a), the general assembly shall appropriate money from the cemetery fund to the central fund in such amounts so that the appropriation from the cemetery fund required in this subsection (4) and the appropriation from the general fund required in paragraph (a.5) of subsection (1) of this section equals the maximum amount that would not exceed the limit for an enterprise set forth in section 24-77-102 (3)(b), C.R.S.

(b) (I) The moneys transferred to the central fund pursuant to this subsection (4) may be used for nonrecurring expenditures that address the greatest needs of serving veterans.

(II) Notwithstanding section 24-1-136 (11)(a)(I), at least sixty days prior to making such expenditures, the state department shall report its recommended use of the sale proceeds to the state, veterans, and military affairs committees of the house of representatives and the senate, the capital development committee, and the joint budget committee.

(c) (I) All interest derived from the deposit and investment of moneys in the cemetery fund are credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the cemetery fund remain in the fund and may not be credited or transferred to the general fund. The state controller shall notify the revisor of statutes when all the proceeds of the sale are appropriated to the central fund pursuant to paragraph (a) of this subsection (4).

(II) The cemetery fund is repealed, effective on the date the revisor of statutes receives the notice from the state controller set forth in subparagraph (I) of this paragraph (c).
C.R.S. § 26-13.5-101 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-101
26-13.5-101. Short title
Status: in_force

26-13.5-101. Short title. This article shall be known and may be cited as the "Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support".
C.R.S. § 26-5.5-102 — CO Code / Title 26 / Article 5.5 / Section 26-5.5-102
26-5.5-102. Legislative declaration
Status: in_force

26-5.5-102. Legislative declaration. (1) The general assembly finds and declares that:

(a) Maintaining a family structure to the greatest degree possible is one of the fundamental goals that all state agencies must observe, and the state's intervention in family dynamics should not exceed that which is necessary to rectify the cause for intervention;

(b) Out-of-home placement is often the most expensive and disruptive method of providing services to troubled families;

(c) It is becoming increasingly difficult to attract foster parents for the number of children placed out of the home;

(d) The principle of appropriate state intervention is a cornerstone of family preservation services. Such services, when properly targeted and administered, provide states with an opportunity to initiate the systemic reform of children, youth, and families public services by providing services that are family-focused, outcome-driven, and cost-efficient.

(e) Family preservation programs implemented in other states, such as the "homebuilder's" model in the state of Washington, have resulted in improved family-functioning rates. Placement prevention rates of up to eighty-eight percent have been reported in some of the thirty-one states that have initiated some form of a family preservation program.

(f) A statewide family preservation program may be financed to provide intensive services for families where a child is at risk of an out-of-home placement based on criteria established by the state board of human services and to provide phased-in services aimed at reunifying families where a child has been placed out of the home, where appropriate, by tapping into other available federal funds or through moneys realized from cost avoidance in prevention of placement;

(g) On the basis of the foregoing, it is appropriate to enact the provisions of this article providing for the implementation of a statewide family preservation program that provides for immediate intensive services for at-risk families and phased-in services aimed at reunifying families, where appropriate, when the targeted families for intensive or reunification services have been served.

(2) It is the general assembly's intent that the implementation and financing of the statewide family preservation program be consistent with applicable federal mandates, including any federal financial participation requirements, and that the implementation of the program not place this state at risk of losing federal funds received by the state for children, youth, and families services prior to the enactment of this article.
C.R.S. § 26-7.8-101 — CO Code / Title 26 / Article 7.8 / Section 26-7.8-101
26-7.8-101. Legislative declaration
Status: in_force

26-7.8-101. Legislative declaration. The general assembly hereby finds that there are a growing number of persons in this state who lack the resources and the community ties necessary to provide for their own adequate shelter and who are likely to become homeless without community assistance. The general assembly recognizes that women and children are the fastest growing group of the homeless and that a large percentage of the total homeless population consists of families. The general assembly therefore finds that it is beneficial to the state to fund prevention activities programs to assist families and other persons who are likely to become homeless without some community assistance; that this article is enacted to provide a means by which such programs may be financed through a voluntary contribution designation on state income tax return forms; and that it is desirable to encourage residents of this state to designate the amount of such contribution to help fund such prevention activities programs on their state income tax return forms.
C.R.S. § 26-13-104 — CO Code / Title 26 / Article 13 / Section 26-13-104
26-13-104. State plan
Status: in_force

26-13-104. State plan. The state department shall prepare and submit to the United States secretary of health and human services a state plan and any amendments to such state plan that become necessary which meet the requirements of Title IV-D of the federal "Social Security Act", as amended.
C.R.S. § 26-2-108 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-108
26-2-108. Granting of assistance payments and social services - rules
Status: repealed

26-2-108. Granting of assistance payments and social services - rules. (1) (a) Upon completion of the verification and record of each application for assistance payments, the county department, pursuant to the rules of the state department, shall determine whether the applicant is eligible for assistance payments, the amount of such assistance payments to be granted, and the date upon which such assistance payments shall begin.

(b) (I) In determining the amount of assistance payments to be granted, due account shall be taken of any income or property available to the applicant and any support, either in cash or in kind, that the applicant may receive from other sources, pursuant to rules of the state department. Effective July 1, 2000, through December 31, 2016, a county may pay families that are eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), an amount that is equal to the state and county share of child support collections as described in section 26-13-108 (1). Such payments shall not be considered income for the purpose of grant calculation. However, such income shall be considered income for purposes of determining eligibility. If a county chooses to pay child support collections directly to a family that is eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), the county shall report such payments to the state department for the month in which they occur and indicate the choice of this option in its performance contract for Colorado works. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant.

(II) (A) Effective January 1, 2017, and upon the state department's notification to counties that the relevant human services case management systems, including the automated child support enforcement system and the Colorado benefits management system, are capable of directly and efficiently managing the distribution process for the child support pass-through, a county shall pay families that are eligible for temporary assistance for needy families (TANF), as defined in section 26-2-703 (19), an amount that is equal to the amount of current child support collections as described in section 26-13-108 (1). Such payments shall not be considered income for purposes of calculating a recipient's basic cash assistance grant pursuant to part 7 of this article. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility. The county shall report the amount of the child support payments to the state department for the month in which they occur. For the purposes of determining eligibility for public assistance or the amount of assistance payments, compensation received by the applicant pursuant to the "Colorado Crime Victim Compensation Act", part 1 of article 4.1 of title 24, C.R.S., shall not be considered as income, property, or support available to such applicant.

(B) The general assembly may annually appropriate money to the state department in a separate line item to reimburse the counties for fifty percent of child support collections and the federal government for its share of child support collections that are passed through to temporary assistance for needy families (TANF) recipients pursuant to this subsection (1)(b)(II). The state department shall allocate and distribute the money to the counties. Notwithstanding the provisions of this subsection (1)(b)(II)(B) to the contrary, in any state fiscal year in which the general assembly does not appropriate an amount of money that is at least ninety percent of the total county share of collections passed through to the custodial party after the full federal share is paid pursuant to the provisions of this subsection (1)(b)(II)(B) for the prior fiscal year, the state department shall make all necessary changes to the relevant human services automated systems so that child support payments are not passed through to temporary assistance for needy families (TANF) recipients and a county is not required to, but may, implement the child support pass-through to TANF recipients. The total county share of collections passed through to the custodial party after the full federal share is paid for the fiscal year is determined as of the following December 1, as verified by the state department. If a county elects to implement a child support pass-through in a fiscal year in which no money is appropriated, the county must utilize its own resources and the state automated systems are not required to support the county's implementation.

(c) When the eligibility, amount, and date for beginning assistance payments have been established, the county department shall make an award to or on behalf of the applicant in accordance with rules of the state department, which award shall be binding upon the county and shall be complied with by the county until it is modified or vacated.

(d) (I) Except as provided in subparagraph (II) of this paragraph (d) and part 7 of this article, assistance payments under public assistance programs shall be paid at least monthly to or on behalf of the applicant upon order of the county department from funds appropriated to the county department for this purpose and pursuant to the rules of the state department.

(II) Assistance in the form of aid to the needy disabled for persons who are disabled as a result of a primary diagnosis of an alcohol use disorder or a substance use disorder related to controlled substances must be paid on the person's behalf to the substance use disorder treatment program in which the person is participating as required pursuant to section 26-2-111 (4)(e)(I) or to the person directly upon the person providing the documentation required pursuant to section 26-2-111 (4)(e)(II).

(e) The county department shall at once notify the applicant and the state department, in writing, of its decisions on assistance payments and the reasons therefor.

(2) The state department, by its rules, shall prescribe procedures for handling applications or requests for social services. Such rules may include, but need not be limited to, the determination of eligibility for social services, the services to be provided, the verification and record, and notice to applicants and the state department.

(3) Repealed.
C.R.S. § 26-13-111 — CO Code / Title 26 / Article 13 / Section 26-13-111
26-13-111. State income tax refund offset
Status: in_force

26-13-111. State income tax refund offset. (1) (a) At any time prescribed by the department of revenue, but not less frequently than annually, the state department shall certify to the department of revenue information regarding persons who owe a child support debt to the state pursuant to section 14-14-104, C.R.S., or who owe child support arrearages as requested as a part of an enforcement action pursuant to article 5 of title 14, C.R.S., or who owe child support arrearages which are the subject of enforcement services provided pursuant to section 26-13-106.

(b) Such information shall include the name and the social security number of the person owing the child support debt or arrearages, the amount of same, and any other identifying information required by the department of revenue.

(2) Prior to final certification of the information specified in subsection (1) of this section to the department of revenue, the state department shall notify the obligated parent, in writing, that the state intends to refer the parent's name to the department of revenue in an attempt to offset the parent's child support debt or arrearages against the parent's state income tax refund. Such notification shall include information on the parent's right to object to the offset.

(3) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108 (3), C.R.S., and after deduction of the fees authorized in subsection (4) of this section to be collected from applicants receiving support enforcement services pursuant to section 26-13-106 (2), the state department shall disburse such amounts to the appropriate county department for processing or for distribution to the individual receiving support enforcement services pursuant to section 26-13-106, as appropriate.

(4) The state department shall promulgate rules and regulations, pursuant to article 4 of title 24, C.R.S., establishing procedures to implement this section and may promulgate rules and regulations establishing reasonable fees to be collected from an applicant who is receiving support enforcement services provided pursuant to section 26-13-106 (2). Such fees shall not exceed the amount necessary to cover the cost of collecting overdue child support using the state tax refund offset procedure.

(5) The home addresses and social security numbers of persons subject to the income tax refund offset, provided to the state department by the department of revenue, shall be sent to the respective delegate child support enforcement unit as defined in section 14-14-102, C.R.S.
C.R.S. § 26-13-115.5 — CO Code / Title 26 / Article 13 / Section 26-13-115.5
26-13-115.5. Family support registry fund created
Status: repealed

26-13-115.5. Family support registry fund created. (1) There is hereby created in the state treasury a fund to be known as the family support registry fund, which shall consist of any money credited thereto from the investment earnings on money deposited with the state treasurer, money accruing from collections for child support received by the family support registry, any undeliverable child support payments, and any fees collected pursuant to section 26-13-114 (13). Money in the family support registry fund shall be continuously appropriated to the state department to reimburse the family support registry for unfunded payments by obligors or for other incidental expenditures associated with the operation of the family support registry. At the end of any fiscal year, all unexpended and unencumbered money in the family support registry fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund of the state; except that any non-IV-D child support payments that are undeliverable after two years shall be considered unclaimed property for purposes of the "Revised Uniform Unclaimed Property Act", article 13 of title 38, and shall be reported to the administrator of the "Revised Uniform Unclaimed Property Act" for purposes of locating the payee. Consistent with the requirements for confidentiality of information regarding child support, the state department shall specify the amount of money that is unclaimed and provide sufficient identifying information, if available, to allow the administrator to locate the payee.

(2) Repealed.
C.R.S. § 26-2-133 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-133
26-2-133. State income tax refund offset - rules
Status: in_force

26-2-133. State income tax refund offset - rules. (1) (a) At any time prescribed by the department of revenue, but not less frequently than annually, the state department shall certify to the department of revenue information regarding persons who are obligated to the state for overpayment of benefits pursuant to the "Colorado Human Services Code". Such information shall include certification of the amount of overpayment which has been determined by final agency action or has been ordered by a court as restitution or has been reduced to judgment.

(b) Such information shall also include the name and the social security number of the person obligated to the state for the overpayment, the amount of same, and any other identifying information required by the department of revenue.

(2) As a condition of certifying an overpayment to the department of revenue as provided in subsection (1) of this section, the state department shall ensure that the obligated person has been afforded the opportunity for a conference at the county department level pursuant to section 26-2-127 or 25.5-4-207, C.R.S., and the opportunity for an appeal to the state department pursuant to section 26-2-127 or 26-2-304. In addition, the state department, prior to final certification of the information specified in subsection (1) of this section to the department of revenue, shall notify the obligated person, in writing, at his last-known address, that the state intends to refer the person's name to the department of revenue in an attempt to offset the obligation against the person's state income tax refund. Such notification shall inform the obligated person of the opportunity for a conference with the county department pursuant to section 26-2-127 or 25.5-4-207, C.R.S., and of the opportunity for an appeal to the state department pursuant to section 26-2-127 or 26-2-304. In addition, the notice shall specify issues that may be raised at an evidentiary conference or on appeal, as provided by this subsection (2), by the obligated person in objecting to the offset and shall specify that the obligated person may not object to the fact that an overpayment occurred. A person who has received a notice pursuant to this subsection (2) shall request, within thirty days from the date such notice was mailed, an administrative review or evidentiary conference, as provided in this subsection (2).

(3) Upon notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 39-21-108, C.R.S., the state department shall disburse such amounts to the appropriate county for processing for distribution to the federal, state, or local agency to whom the person is obligated.

(4) The state department shall promulgate rules and regulations, pursuant to article 4 of title 24, C.R.S., establishing procedures to implement this section.

(5) The home addresses and social security numbers of persons subject to the income tax refund offset, provided to the state department by the department of revenue, must be sent to the respective county department of human or social services.
C.R.S. § 26-23-102 — CO Code / Title 26 / Article 23 / Section 26-23-102
26-23-102. Training veterans to train their own service dogs pilot program - created - purp
Status: in_force

26-23-102. Training veterans to train their own service dogs pilot program - created - purpose - selection process - services to veterans. (1) There is created in the department the training veterans to train their own service dogs pilot program. The purpose of the program is to identify and train a group of up to ten eligible veterans to pair with dogs, as identified by qualified canine trainers in conjunction with the veterans, to foster, train, and ultimately utilize the dogs as their own service or companion animals. The program will further offer those veterans who graduate from the program with a trained dog the opportunity and necessary follow-along services to expand the program, if willing, by identifying, fostering, and training a subsequent dog for another eligible veteran who is unable to complete one or more parts of the process due to physical limitations.

(2) The department must establish and post the eligibility criteria for selection to the program for veterans and canines, as well as requirements for a nonprofit selected to implement the program pursuant to section 26-23-103.
C.R.S. § 26-13-111.5 — CO Code / Title 26 / Article 13 / Section 26-13-111.5
26-13-111.5. State vendor payment offset
Status: in_force

26-13-111.5. State vendor payment offset. (1) At any time prescribed by the controller, but not less frequently than annually, the state department shall certify to the controller information regarding persons who owe child support debt pursuant to section 14-14-104, C.R.S., or who owe child support arrearages as requested as part of an enforcement action under article 5 of title 14, C.R.S., or who owe child support arrearages that are the subject of enforcement services provided under section 26-13-106.

(2) Upon notification by the controller of amounts deposited with the state treasurer pursuant to section 24-30-202.4, C.R.S., the state department shall disburse such amounts to the appropriate county for processing and distribution to the federal, state, or local agency to whom the person is obligated.

(3) The state department shall promulgate rules establishing procedures to implement this section pursuant to article 4 of title 24, C.R.S.

(4) The last-known addresses and social security numbers of persons subject to the vendor payment offset, provided to the state department by the controller, shall be sent to the respective county departments or the food stamp district administered by the state department.
C.R.S. § 26-2-111.6 — CO Code / Title 26 / Article 2 / Part 1 / Section 26-2-111.6
26-2-111.6. Old age pension work incentive program
Status: repealed

26-2-111.6. Old age pension work incentive program. (1) The state department is authorized to implement a work incentive program for persons receiving old age pension benefits, which program shall be called the old age pension work incentive program. Under this program, a person who is already eligible for and receiving old age pension benefits would be allowed to retain sixty-five dollars of earned income in a month and one-half of the remaining earned income in a month without such moneys being counted as income for purposes of eligibility for the old age pension. In addition, the receipt and retention of such earned income shall not affect the person's eligibility for medical assistance as provided by articles 4, 5, and 6 of title 25.5, C.R.S.

(2) and (3) Repealed.
C.R.S. § 26-12-402 — CO Code / Title 26 / Article 12 / Part 4 / Section 26-12-402
26-12-402. Board of commissioners of veterans community living centers - creation - powers
Status: in_force

26-12-402. Board of commissioners of veterans community living centers - creation - powers and duties - reimbursement for expenses. (1) There is created the board of commissioners of veterans community living centers in the state department. The board of commissioners is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the state department.

(2) The functions of the board of commissioners are to:

(a) Advise the office, veterans centers, and veterans community living centers located in Homelake, Florence, Rifle, Aurora, and Walsenburg, Colorado, including the completion of the Fitzsimons veterans community living center in Aurora;

(b) Provide continuity, predictability, and stability in the operation of the veterans centers; and

(c) Provide guidance to future administrators at the veterans centers based on the collective institutional memory of the board of commissioners.

(3) (a) The board of commissioners shall consist of seven members, no more than four of whom are members of the same political party, and all of whom shall be subject to confirmation by the senate.

(b) The governor shall appoint the seven members of the board of commissioners as follows:

(I) Three veterans, one of whom shall be either a member of the state board of veterans affairs or that board's designee;

(II) Three persons with expertise in nursing home operations, including:

(A) A person who is a nursing home administrator at the time of appointment and who is experienced in the financial operations of nursing homes;

(B) A person who has practicing clinical experience in nursing homes; and

(C) A person who has experience in multi-facility management of nursing homes; and

(III) The state long-term care ombudsman, as defined in section 26-11.5-103 (7), or a local ombudsman, as defined in section 26-11.5-103 (2), who is recommended to the governor by the state long-term care ombudsman.

(c) The appointed members of the board of commissioners shall serve terms of four years; except that, of the members first appointed, the governor shall select three members who shall serve terms of two years.

(4) An appointed member may be removed for cause at any time during the member's term by the governor. Vacancies on the board of commissioners shall be filled by appointment by the governor with the consent of the senate for the unexpired terms in the manner described in subsection (3) of this section.

(5) Members of the board of commissioners shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.

(6) All members of the board of commissioners shall be voting members. The members of the board of commissioners shall elect a chair, a vice-chair, and a secretary from among the membership of the board. Board action shall require the affirmative vote of a majority of a quorum of the board of commissioners.

(7) The board of commissioners shall:

(a) Endeavor to ensure that the highest quality of care is being provided at the veterans centers and that the financial status of the veterans centers is maintained on a sound basis;

(b) Obtain information concerning the following:

(I) The status of the central fund, as described in section 26-12-108, and the progress of capital construction projects that are proposed or underway; and

(II) Issues of resident care arising from sources, including but not limited to department of public health and environment surveys, veterans administration surveys, consultant contractor reports, plans of correction to both surveys and consultant reports, vacant position reports, and reports from the division;

(c) Have direct access to any consulting contractor working with the veterans centers and obtain written and oral reports;

(d) Have direct access to the executive director of the state department and the state board for the purposes of alerting state department policymakers of potential problems in veterans centers and establishing effective working relationships and lines of communication with the state department and state board at all levels;

(e) Have the authority to visit and review the operation of veterans centers;

(f) Participate in any request for a proposal panel that selects consulting firms for veterans centers;

(g) Have authority to review and comment on rules promulgated by the state department and the state board concerning veterans centers before the rules are submitted for public comment;

(h) Meet as often as necessary but not less than three times per year; and

(i) (I) On or before January 1, 2008, and on or before each January 1 thereafter, make an annual report of issues and recommendations developed by the board of commissioners to the executive director of the state department and the governor; and

(II) Transmit electronic versions of each annual report to:

(A) The members of the general assembly who sit on the health and human services committee of the senate, the public health care and human services committee of the house of representatives, and the state, veterans, and military affairs committees of the senate and the house of representatives, or any successor committees; and

(B) The members of the state board of veterans affairs.

(8) Nothing in this part 4 shall be construed to abridge, amend, or supersede any provision of a contractual agreement that the state department has entered into with any of the veterans centers.
C.R.S. § 26-13.5-110.5 — CO Code / Title 26 / Article 13.5 / Section 26-13.5-110.5
26-13.5-110.5. Filing genetic testing results with court - no administrative process action ord
Status: in_force

26-13.5-110.5. Filing genetic testing results with court - no administrative process action order. (1) Whenever genetic testing has been conducted pursuant to section 26-13.5-105 and the results show a less than ninety-seven percent probability of parentage, and the delegate child support enforcement unit issues a notice or order of dismissal of the APA case, the genetic testing results must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued, when there is a court action relating to child support pending, or where an order exists but is silent on the issue of child support.

(2) Notwithstanding any other provisions of this article 13.5 to the contrary, the court has jurisdiction to receive an objection to genetic test results and to take any other appropriate action relating to such test results.
C.R.S. § 26-11-102 — CO Code / Title 26 / Article 11 / Part 1 / Section 26-11-102
26-11-102. Organization of commission
Status: in_force

26-11-102. Organization of commission. (1) The commission shall elect an executive committee from its membership, including a chair, a vice-chair, and such other officers as it deems necessary. The vice-chair shall act as chair in the absence of or at the direction of the chair. The commission shall meet in person or virtually on call of the chair but not less than once a month. A majority of the members of the commission constitutes a quorum for the transaction of business. The executive committee is responsible for coordinating with the state office on aging established in section 26-11-202, relevant state agencies, and members of the general assembly.

(2) (a) The commission may establish standing subcommittees to support the implementation of the strategic action plan on aging, developed pursuant to section 24-32-3406, as that section existed prior to June 30, 2022, and work related to the lifelong Colorado initiative established in part 3 of this article 11. The subcommittee topics may include, but are not limited to:

(I) Workforce opportunities for older Coloradans;

(II) The direct-care workforce;

(III) Housing options for older Coloradans;

(IV) Age-friendly, affordable, and livable communities;

(V) Health care;

(VI) Chronic disease prevention and maintenance;

(VII) Behavioral health;

(VIII) Lifelong learning;

(IX) Retirement security;

(X) Legislative and local government affairs;

(XI) Transportation;

(XII) Disparities among older Coloradans;

(XIII) Elder rights; and

(XIV) Innovation and technology.

(b) Each standing subcommittee must be chaired by a member of the commission but may include membership beyond commission members, including members of the general public who volunteer to participate in a specific subcommittee. Noncommission members may be co-chairs or vice-chairs. The membership selection process may be determined in the commission bylaws.
C.R.S. § 26-12-113 — CO Code / Title 26 / Article 12 / Part 1 / Section 26-12-113
26-12-113. Anticipation warrants - legislative declaration
Status: in_force

26-12-113. Anticipation warrants - legislative declaration. (1) (a) For the purpose of defraying the cost of construction of new facilities, reconstruction or improvement of existing facilities, and maintenance and operation of such facilities, the state department may, with the approval of the governor, issue anticipation warrants that shall be payable solely from the sinking fund account described in section 26-12-112, and the payments and interest on such anticipation warrants shall be a first charge on and shall be payable from said account.

(b) The general assembly hereby finds and declares that the authority to issue anticipation warrants as set forth in this section shall constitute authority to issue revenue bonds for the purposes of section 20 of article X of the state constitution.

(2) Any other provision of this article notwithstanding, the state department may not issue any anticipation warrants or otherwise borrow funds for the construction of additional veterans centers, unless the construction of additional veterans centers is specifically authorized by law.
C.R.S. § 26-1-110 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-110
26-1-110. Publications
Status: repealed

26-1-110. Publications.

(1) Repealed.

(2) Publications of the state department circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136, C.R.S.
C.R.S. § 26-7-102 — CO Code / Title 26 / Article 7 / Section 26-7-102
26-7-102. Definitions
Status: in_force

26-7-102. Definitions. As used in this article 7, unless the context otherwise requires:

(1) "Agreement" means an adoption assistance agreement negotiated and entered into pursuant to section 26-7-107.

(2) "Anticipated needs" means those needs that are reasonably foreseeable and as defined in the eligibility criteria listed in subsection (8) of this section that are known at the time of finalization of the adoption. Consideration of these anticipated needs and services are part of the good-faith negotiation of the amount of the adoption assistance payment and services and must comply with the funding requirements in section 26-7-103.

(3) "Benefit" means any subsidy or service available to adoptive families pursuant to this article 7, including monthly subsidy payments. These payments must not include payments for services that are reasonably accessible and can be funded through other public or private sources, including but not limited to social security and medicaid, as required in 20 U.S.C. sec. 1440.

(4) "Child placement agency" means any entity that, pursuant to the requirements in section 26-6-903, may place, facilitate placement, or arrange for the placement of an eligible child or youth for the purpose of adoption, treatment, or foster care. Only eligible children or youth who are placed by a county department or through a child placement agency that is designated as a nonprofit entity and licensed by the state department are eligible to receive benefits pursuant to this article 7.

(5) "Circumstances of the family" means the capacity of the family, including but not limited to financial capacity, to meet the anticipated needs of the eligible child or youth.

(6) "County department" means a county department of human or social services.

(7) "Dissolved adoption" means an adoption in which the legal relationship between the adoptive parents and adoptive child or youth is severed, either voluntarily or involuntarily, after the adoption is legally finalized. This may result in the child or youth's return to, or entry into, foster care.

(8) "Eligible child or youth" means a child or youth who meets the medical and disability requirements for federal supplemental security income or is a child or youth with one or more specific factors or conditions that would make it reasonable to conclude that a child or youth cannot be adopted without providing benefits to assist in the adoption. Such factors may include but are not limited to:

(a) A physical disability, such as hearing, vision, or physical impairment; neurological conditions; disfiguring defects; metabolic disorder; a child or youth infected with the human immunodeficiency virus; or heart defects that have been documented by a licensed medical professional;

(b) A mental, intellectual, or developmental disability that has been documented by a licensed medical professional, such as a perceptual, speech, or language disability or any disability that results in educational delays or significant learning difficulties;

(c) An emotional handicap, such as post-traumatic stress disorder, bipolar disorder, or other mental health disorder that has been documented by a licensed mental health professional;

(d) Hereditary factors that have been documented by a licensed medical provider or mental health professional;

(e) An educational disability that qualifies for section 504 of the federal "Rehabilitation Act of 1973", as amended, 29 U.S.C. sec. 701 et seq., or special education services;

(f) Factors that place a child or youth in a "high-risk" category, such as being drug- or alcohol-exposed in utero;

(g) Other conditions that act as a barrier to the child's or youth's adoption, including but not limited to a healthy child or youth over seven years of age or a sibling group that should remain intact and medical conditions that are likely to require further treatment; or

(h) Ethnic background or membership in a minority group whose children or youth might be difficult to place.

(9) "Program" means the adoption assistance program created in section 26-7-103.

(10) "Services" means any benefits other than monthly subsidy payments that a family may receive as part of an agreement.

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

(12) "Subsidy" refers exclusively to monthly cash payments that are provided to eligible families as part of an agreement.

(13) "Title IV-E" refers to federal funds administered through the social security act to support states' programs, including but not limited to foster care, adoption assistance, and guardianship assistance.
C.R.S. § 26-1-109 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-109
26-1-109. Cooperation with federal government - grants-in-aid
Status: repealed

26-1-109. Cooperation with federal government - grants-in-aid. (1) The state department of human services shall be the sole state agency for administering the state plans for public assistance and welfare, including but not limited to assistance payments; food stamps; social services; child welfare services; rehabilitation; and programs for the aging in cooperation with the federal government; the Colorado works program; and any other state plan relating to such public assistance and welfare that requires state action that is not specifically the responsibility of some other state department, division, section, board, commission, or committee under the provisions of federal or state law.

(2) (a) The state department of human services may accept on behalf of the state of Colorado the provisions and benefits of acts of congress designed to provide funds or other property for particular public assistance and welfare activities within the state, including but not limited to assistance payments; food stamps; social services; child welfare services; rehabilitation; and programs for the aging; which funds or other property are designated for such purposes within the function of the state department, and may accept on behalf of the state any offers which have been or may from time to time be made of funds or other property by any persons, agencies, or entities for particular public assistance and welfare activities within the state, which funds or other property are designated for such purposes within the function of the state department; but, unless otherwise expressly provided by law, such acceptance shall not be manifested unless and until the state department has recommended such acceptance to and received the written approval of the governor and the attorney general. Such approval shall authorize the acceptance of the funds or property in accordance with the restrictions and conditions and for the purpose for which funds or property are intended.

(b) The state treasurer is designated as ex officio custodian of all public assistance and welfare funds received by the state from the federal government and from any other source, if the approval provided for in paragraph (a) of this subsection (2) has been obtained.

(c) The state treasurer shall hold each such fund separate and distinct from state funds and is authorized to make disbursements from such funds for the designated purpose or for administrative costs, which may be provided in such grants, upon warrants issued by the state controller upon the voucher of the state department.

(3) The state department shall cooperate with the federal department of health, education, and welfare and other federal agencies in any reasonable manner, in conformity with the laws of this state, which may be necessary to qualify for federal aid, including the preparation of state plans, the making of reports in such form and containing such information as any federal agency may from time to time require, and the compliance with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of the reports.

(4) In administering any funds appropriated or made available to the state department for public assistance and welfare activities, the state department has the power to:

(a) Require as a condition for receiving grants-in-aid that each county in this state shall bear the proportion of the total expense of furnishing public assistance and food stamps as is fixed by law relating to such assistance;

(b) Terminate any grants-in-aid to any county of this state if the laws and regulations providing such grants-in-aid and the minimum standards prescribed by rules of the state department thereunder are not complied with;

(c) Undertake forthwith the administration of any or all public assistance and food stamp activities within any county of this state which has had any or all of its grants-in-aid terminated pursuant to paragraph (b) of this subsection (4); but the county shall continue to meet the requirements of paragraph (a) of this subsection (4);

(d) Recover any moneys owed by a county to the state by reducing the amount of any payments due from the state in connection with any program or activity;

(e) Take any other action which may be necessary or desirable for carrying out the provisions of this title.

(4.5) In addition to the powers granted the state department in subsection (4) of this section, the state department shall take necessary measures to obtain increased federal reimbursement money available under the Title IV-E program created under the federal "Social Security Act", as amended, based on the out-of-home placements, foster care prevention services, as defined in section 26-5.4-102 (1), and alternative care treatment by county departments of children eligible for Title IV-E federal assistance, which money shall be allocated to county departments in proportion to each county's eligible placements, to help defray program costs. Nothing in this subsection (4.5) shall be construed to allow counties to continue to receive an amount equal to the increased funding in the event the said funding is no longer available from the federal government.

(5) The rules of the state department may include provisions to accommodate requirements of contracts entered into between the state department and the federal department of health, education, and welfare for studies of guaranteed annual income or other forms of income maintenance research projects; and for such purpose the requirements of this title as to eligibility for public assistance shall not apply for the term of and in accordance with the contract for such purpose. No program shall be initiated or carried out under the authorization contained in this subsection (5) in a manner that will increase the welfare burden upon any county or city and county, and, if such a program is conducted in the Denver area, it shall be conducted within an area no smaller than the Denver S.M.S.A. (standard metropolitan statistical area) as defined by the United States bureau of the census.

(6) to (9) Repealed.
C.R.S. § 26-1-125 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-125
26-1-125. County social services levy - limitations
Status: repealed

26-1-125. County social services levy - limitations. (Repealed)
C.R.S. § 26-7.5-105 — CO Code / Title 26 / Article 7.5 / Section 26-7.5-105
26-7.5-105. Funding of domestic violence, sexual assault, or culturally specific programs -
Status: repealed

26-7.5-105. Funding of domestic violence, sexual assault, or culturally specific programs - funding coalitions - state domestic violence and sexual assault services fund - appropriation - repeal. (1) (a) The state department shall, subject to available appropriations, reimburse a nongovernmental agency or federally recognized Indian tribe operating a domestic violence, sexual assault, or culturally specific program or a state or tribal domestic violence or sexual assault coalition pursuant to this article 7.5. Not less than seventy-five percent of all contract funding under this article 7.5 must be allocated to nongovernmental agencies.

(b) Money generated from fees collected pursuant to part 1 of article 2 of title 14 and article 15 of title 14 or transferred pursuant to section 13-32-101 (5)(a)(X) or (5)(b)(II) must be used to reimburse domestic violence, sexual assault, or culturally specific programs that provide services as provided in section 26-7.5-103 to persons or their families, which persons are married, separated, or divorced or parties to a civil union or an invalidated, legally separated, or dissolved civil union.

(2) Staffing and administrative expenses of the state department of human services and other agencies for carrying out the provisions of this article shall be appropriated annually from available funds generated by the contribution cash funds.

(3) (a) The Colorado domestic abuse program fund established pursuant to section 39-22-802 may be funded by any general fund money that is appropriated by the general assembly pursuant to the annual general appropriations act. The executive director has the authority to expend such funds appropriated to the Colorado domestic abuse program fund for the purposes described in this article 7.5.

(b) The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the Colorado domestic abuse program fund established pursuant to section 39-22-802. The money shall then be appropriated from the Colorado domestic abuse program fund to the state department to be used for domestic abuse programs and purposes described in this article 7.5 that also conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended, including offsetting grant reductions and other losses experienced as a result of the COVID-19 public health emergency, and gender-based violence organizations, including standalone anti-sexual assault organizations. The state department may use up to five percent of any money appropriated by the general assembly pursuant to this subsection (3)(b) for development and administrative costs incurred by the state department pursuant to this subsection (3)(b).

(4) (a) The state domestic violence and sexual assault services fund is created in the state treasury and is referred to in this subsection (4) as the "fund". The fund consists of money transferred to the fund pursuant to subsection (4)(b) of this section and any other money appropriated or transferred into the fund. Money in the fund is continuously appropriated to the state department for any purpose described in this article 7.5.

(b) Within three days after May 19, 2022, the state treasurer shall transfer six million dollars to the fund from the behavioral and mental health cash fund, created in section 24-75-230. Notwithstanding subsection (4)(a) of this section, the money transferred to the fund pursuant to this subsection (4)(b) that originates from money the state received from the federal coronavirus state fiscal recovery fund may only be used for a purpose described in this article 7.5 that conforms with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2.

(c) The state department and each recipient of money from the fund that originates from money the state received from the federal coronavirus state fiscal recovery fund shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(c.5) Repealed.

(c.7) (I) On June 18, 2024, the state treasurer shall transfer from the fund to the behavioral and mental health cash fund, created in section 24-75-230, four hundred ninety-five thousand dollars that originated from money the state received from the federal coronavirus state fiscal recovery fund.

(II) This subsection (4)(c.7) is repealed, effective June 30, 2025.

(d) The state department shall annually publish on its website:

(I) For each organization that receives funding pursuant to this article 7.5, the name of the organization, amount of the funding received, the number and types of crimes for which victims are served, and the services provided with the funding;

(II) The following information from organizations that receive funding, in aggregate: The number and types of crimes for which victims are served; the types of services provided; and the gender, race and ethnicity, and other available demographic information of clients served with the funding; and

(III) To the extent known, and in aggregate form, the gender, racial and ethnic makeup, and other demographic information of the staff and board of directors, if applicable, of organizations that receive funding. The state department shall make its best effort to collect the information described in this subsection (4)(d)(III).

(e) Subsections (4)(b) and (4)(c) of this section are repealed, effective July 1, 2027.
C.R.S. § 26-12-119 — CO Code / Title 26 / Article 12 / Part 1 / Section 26-12-119
26-12-119. Contractual agreements
Status: in_force

26-12-119. Contractual agreements. (1) The state department is authorized to contract with any public or private entity for all or part of the operation or management of any veterans center in accordance with the "Procurement Code", articles 101 to 112 of title 24, C.R.S., and with part 5 of article 50 of title 24, C.R.S.

(2) Any contract authorized pursuant to subsection (1) of this section shall specify the entity's reporting relationship to the state and delineate responsibility for rate calculation, financial performance, liability, and compliance with section 20 of article X of the state constitution.
C.R.S. § 26-1-126.5 — CO Code / Title 26 / Article 1 / Part 1 / Section 26-1-126.5
26-1-126.5. Effect of supreme court's interpretation of section 26-1-126, creating the count
Status: in_force

26-1-126.5. Effect of supreme court's interpretation of section 26-1-126, creating the county contingency fund for public assistance and welfare programs. The general assembly hereby finds and declares that the Colorado supreme court decision entitled Colorado Department of Social Services v. Board of County Commissioners of the County of Pueblo and Samuel J. Corsentino, No. 83SA316, March 11, 1985, which interpreted section 26-1-126 to require the general assembly to fully fund the county contingency fund, leaving no discretion with the general assembly to determine annually the level of funding of said fund, has not been adopted by the general assembly. The general assembly specifically rejects this interpretation and any implication in such decision which would result in any state liability for amounts not appropriated for such fund in previous fiscal years.